Supreme Court Orders To Release Deep Basnet On Bail

May 8, Kathmandu- The Supreme Court has ordered the release of Deep Basnet, former chief commissioner of the Commission for Investigation of Abuse of Authority, on bail of Rs 500,000. A bench of Justices Ishwar Prasad Khatiwada and Ananda Mohan Bhattarai on Friday ordered the release of the accused on bail. The two judges have differed on the issue of Shobha Kant Dhakal, the accused contractor in the same case.

Judge Khatiwada ordered Dhakal's release at a cost of Rs 30 million, while another judge, Bhattarai, ruled that the special court's decision to keep him in custody was correct. The issue of keeping Dhakal in custody or releasing him due to disagreement between the two parties has been taken up in the full session.

Authorities claim that Dhakal registered the company in the name of his wife and relatives and committed corruption. Judge Bhattarai has argued that the two accused should not be released on bail as they cannot be compared. Judge Khatiwada argues that since the other accused have been released in the same case, the investigation can be kept out. After a disagreement between the two, the decision will now be taken by the full session.

A special court in Kathmandu had ordered to send Basnet to Dilli Bazaar Jail on December 13. A habeas corpus writ was filed on his behalf alleging that he was unwell while in custody and had recently contracted corona. Basnyat is the second person to be released on a bailout of those sent to jail for trial. The Commission for Investigation of Abuse of Authority had filed a corruption case against Basnyat on February 5, 2020, demanding Rs. 96.5 million.

The special court had remanded three persons in custody for trial in the Lalitaniwas corruption case. Among them were Krishna Prasad Poudel, the then branch officer of the Dilli Bazaar Land Revenue Office, and Shobha Kant Dhakal, a land seller. Poudel has already been released on bail. The Supreme Court had ordered to release Poudel on bail of Rs 200,000. The Commission for Investigation of Abuse of Authority has demanded to confiscate Rs. 321.92 million from Poudel.

Basnet had filed a petition at the apex court on January 28 seeking to be allowed to fight the case outside the jail as he was unwell and the special court order was against the law. A writ of habeas corpus was filed in the Supreme Court on April 30 seeking the release of Basnet as his health condition became critical while the previous petition was pending. A writ petition was filed against Basnyat seeking further release as he also had contracted COVID-19. A habeas corpus writ was registered on behalf of Basnet after the Supreme Court decided to hear only the writ petition related to habeas corpus.