Kathmandu, April 5: The government has told the Supreme Court that former Prime Minister KP Sharma Oli is not above the law and cannot be exempted from criminal investigation or arrest, defending its actions in the ongoing detention case.
In a written response submitted by the Office of the Prime Minister and Council of Ministers, the government argued that Oli’s arrest was carried out in accordance with the Constitution and existing laws, based on the recommendations of an investigation commission. The response was filed in connection with a habeas corpus petition lodged by Oli’s wife, Radhika Shakya.
The government maintained that all actions taken by state agencies fall within their legal jurisdiction and responsibilities. Citing constitutional provisions, it stressed that the right to justice is a fundamental right and that lawful detention during investigation cannot be deemed illegal.
“Even a former prime minister is not exempt from criminal investigation or arrest,” the response stated, adding that implementing the findings of a probe commission is a legal duty of the Cabinet.
The government also referred to past Supreme Court precedent, arguing that detention during investigation, if approved by a competent authority, cannot be considered unlawful. It requested the court to dismiss the habeas corpus petition, stating that Oli is being held under due legal process.
The response further rejected claims of political bias, arguing that no individual, regardless of status, is above the law. It clarified that the Attorney General’s role applies after the investigation phase and that there has been no overreach of constitutional authority.
Separately, Home Minister Sudhan Gurung defended the arrest, stating that it was carried out to implement Cabinet decisions based on the commission’s report. He also urged the court to dismiss the petition, arguing that the legality of the commission itself had not been successfully challenged.
Gurung said Oli was arrested with proper documentation, informed of the charges, and granted access to legal counsel. He added that the investigation is ongoing and facts regarding disputed claims will be established during the process.
The government emphasised that court-approved detention and investigation fall outside the scope of habeas corpus review.
With responses submitted by all concerned authorities, including the police chief and the Attorney General’s Office, the Supreme Court is scheduled to hear the case on Sunday.
People’s News Monitoring Service
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