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SC asks why arrest warrants were not issued

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KATHMANDU, SEP 22 - The Supreme Court on Thursday issued an order asking the government to clarify why it was not necessary to issue arrest warrants before 23 Tibetans who had entered Nepal through Bajura and Kavre were detained.

Responding to a writ petition filed by Advocate Indra Prasad Aryal on behalf of the 23 Tibetans on Wednesday, a single bench of Justice Bharat Raj Upreti also called on both the sides to see if an interim order is required in this regard on Monday.

The court also asked the authorities concerned to not deport the Tibetants to China until proceedings are over. The bench, however, clarified that if the petitioners failed to show up for discussions on Monday, Wednesday's order would be rendered ineffective.

The writ petitioners have argued that the Tibetans were handed over to the Immigration Department rather than being handed over to agencies concerned like the UNHCR, and that they were kept in "illegal detention."

The petitioners have said the move of the Nepali authorities violates the international convention and provisions on fundamental rights. The petitioners have demanded that the Tibetans be produced before the court within 24 hours and not deported to China.

The Prime Minister's Office, Ministry of Home Affairs, Nepal Police Headquarters and Immigration Department are the defendants.

Posted on: 2011-09-22 11:49


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