The Home Ministry has urged the Supreme Court not to test the habeas corpus petition seeking the release of former Home Minister of the royal cabinet Kamal Thapa.
Responding to the show cause notice of the SC, the ministry claimed that the case need not be examined as he was remanded in 90-day preventive detention under Peace and Security Act 1989 and there was no need for the SC to intervene as the government was legally authorised to put anyone in preventive detention.
The Ministry also claimed that he has been remanded in preventive detention under clause 3 (1) of the Act after serving him a notice, adding, “The Court’s intervention was not necessary as per Clause 11 of the Act.”
Former Minister Thapa was arrested in the charge of instigating violence in the Terai. Two other royal ministers Badri Prasad Mandal and Salim Miya Ansari were also arrested on the same charges.