Kathmandu, Sept 29: The Supreme Court (SC) has raised concern over what it described as the unlawful arrest of former Chief Justice Cholendra Shumsher Rana and reminded the government of constitutional and legal limits governing arrests.
A full-court meeting called by Chief Justice Dr Manoj Sharma on Monday discussed Rana’s detention and warned that similar actions could affect anyone in the future. The meeting followed widespread criticism of Rana’s detention, including objections raised in Parliament and by the National Human Rights Commission.
Police took Rana from his residence around midnight on Sunday. Under Nepal’s criminal law, police generally must inform a person of the grounds for arrest and provide an arrest warrant as required by law. Rana’s family has claimed that police did not provide him with a warrant.
The Supreme Court’s full-court viewed Rana’s detention without an alleged offence or due legal process as not only unlawful but also an infringement of human rights and personal dignity.
Following the meeting, the Supreme Court issued a statement drawing the government’s attention to three issues.
First, it called for full protection of fundamental rights guaranteed by the Constitution, particularly personal liberty and the right to live with dignity. Second, it stressed that authorities must strictly follow procedures prescribed by law when taking anyone into custody. Third, it urged state agencies to avoid actions that undermine an individual’s dignity and to exercise particular sensitivity when dealing with former office holders of constitutional bodies and members of the judiciary.
The court said the Constitution guarantees that citizens can be taken into custody only through due process prescribed by existing laws.
It warned that actions taken without following legal procedures carry the risk of arbitrariness, which is incompatible with democratic governance.
The Supreme Court also recalled that Nepal’s Constitution recognises an independent, impartial and competent judiciary as a fundamental value of the democratic system.
“Former chief justices, former judges and judicial personnel remain integral parts of an independent judiciary. Therefore, the manner in which state agencies deal with judicial personnel is always a sensitive and serious matter,” the statement said.
The Supreme Court also reaffirmed that the judiciary would not allow internal or external influence to interfere with its independence.
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