The Supreme Court of Nepal has ordered the immediate release of political analyst Bharat Mani Dahal from police custody, saying his right to free speech has been violated.
A bench of Justices Kumar Regmi and Sunil Kumar Pokharel issued this order, telling the Cyber Bureau of Nepal Police to release Dahal on bail. They also allowed further investigations into his case according to section 15 of the Muluki Criminal Procedure Code.
Dahal was arrested on Ashoj 4 (September 20) in Belbari, Morang district, under cyber crime charges after participating in political discussions. His daughter later filed a habeas corpus petition, claiming the arrest was not justified.
The Supreme Court noted, “The Protection of Free Speech” is guaranteed in article 17(2)(a) of the Constitution of Nepal. They observed that Dahal did not call for violence, which means his expressions are protected by the Constitution. The court also mentioned that all police questioning and recording of statements regarding him have been completed.
Furthermore, the court concluded that keeping Dahal in detention was not necessary since it would not prevent the ongoing criminal process. They ordered the Cyber Bureau in Bhotahity to release him on regular police bail and to submit a report back to the court soon.
Legal experts welcomed this important decision, seeing it as a significant step to protect against wrongful detention of public analysts and political commentators.