SC orders release of 3 Tibetans
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KATHMANDU, MAR 22 -
The Supreme Court on Monday ordered the government to free three Tibetans, who were detained two weeks ago for staging anti-China protests in Kathmandu.
The apex court order issued by the joint bench of justices Damodar Prasad Sharma and Krishna Prasad Upadhyaya was in response to a habeas corpus petition filed by the detainees against the Home Ministry and Kathmandu District Administration Office on March 16.
The court said the detention of the Tibetans was "illegal" as there was no "proper and enough" evidence to support the police action. Advocates, including Gobinda Bandi, Hari Phuyal and Dhruba Prasad Chaulagain, had pleaded that since the Interim Constitution does not bar non-Nepalis from enjoying the fundamental rights, such as the right to stage protest at public places, police cannot detain the Tibetans for staging a peaceful demonstration.
The three Tibetans--Kelshang Dodup, Sonam Dhendup and Serap Ghnedup--were arrested and put on detention as per the order of Kathmandu's Chief District Officer on March 8. The arrest warrant stated that the three had been involved in distributing "Free Tibet" pamphlets and shouting anti-China slogans, which disturbed public peace and security.
After their detention, the three Tibetans had moved the apex court challenging the police decision. Upon hearing the case for the first time, the apex court on March 17 had issued a show-cause notice to the government and directed police to produce the detainees before the court within 24 hours.
As per the March 17 order, police had produced the detainees before the court on Monday and argued that the detention was legal as the activities of the detainees were intended to disturb peace and security.
The court said the extended detention--in this case 90 days--under the Public Security Act cannot be invoked without enough evidence that the activities of the accused posed serious threat to the national sovereignty and public order.
Posted on: 2010-03-22 12:00
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