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Clear all semi-judicial detentions: Apex court
KATHMANDU, AUG 11 -
The Supreme Court (SC) has issued a directive order to the government to clear “as soon as possible” all the pending criminal cases that have led to semi-judicial detention of the persons accused for periods longer than the laws permit. Though the SC issued the order on July 25, the full text of the order was released on Wednesday.
The court order issued by joint bench of justices Prem Sharma and Rana Bahadur Bom was in response to a writ of habeas corpus filed for the release of one Shankar Shah from Mahottari District Jail. The police had arrested Shah with a pistol and some ammunition in Mahottari and the District Administration Office Dhanusha had subsequently taken up the case while sending him for “legal detention”.
After police authority failed to dispose off the case even after 21 months, Shah had filed the writ of habeas corpus at the apex court.
The court observed that there are several cases similar to that of Shah and it is against the law to keep anyone in detention beyond the period permitted by the law. The criminal law states that any one arrested for any reason cannot be kept in detention for more than 24 hours without taking the court approval.
Posted on: 2010-08-12 07:42
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