The Special Court has directed that prominent entrepreneur Shankar Agrawal be placed in police custody, effectively overturning a prior Supreme Court decision that had granted him bail.
On Tuesday, a joint panel comprising Special Court Chairperson Basudev Acharya along with members Hemant Rawal and Bidur Koirala issued this decision, determining that Agrawal will remain in judicial detention as the trial unfolds.
Conflict Regarding the Supreme Court’s Bail Order
The Special Court’s ruling stands in stark contrast to an earlier verdict issued by the Supreme Court:
- Supreme Court Bail Decision: On September 16, a bench of the Supreme Court led by Justices Balkrishna Dhakal and Nrip Dhwaj Niraula overturned a detention order from the Patan High Court, permitting Agrawal’s release on NPR 1 million cash bail.
- Judicial Justification: The Supreme Court noted the absence of direct evidence tying Agrawal to the alleged banking crime. The justices indicated that Agrawal had not endorsed the contentious loan documents and found no evidence indicating his direct role in property acquisition decisions or advance payments, while also considering his age and health issues.
- Special Court’s Reversal: In spite of the Supreme Court’s comments, the Special Court bench mandated Agrawal’s custody as the trial commences, raising concerns about legal precedents and established procedures.
Judicial Consequences and Legal Ambiguity
Agrawal’s remand, despite the higher court’s bail authorization, creates a significant legal inconsistency within Nepal’s judicial framework. Defense attorneys are expected to challenge the Special Court’s ruling in the Supreme Court, citing jurisdictional precedents and the apex court’s binding bail