Former Chief Justice Cholendra Shumsher Rana was taken from his Maharajgunj residence shortly after midnight on Sunday and was held by police for about 12 hours, but authorities have yet to explain the alleged security threat, the legal basis for removing him from his home or the chain of command behind the opereation.
Police first described the incident as a detention and later said Rana had been moved to a safe place for his protection. He was released to his family at around 2pm the following day at around 2 pm without a criminal case being filed,leaving unanswered questions about whether he had been arrested, detained or placed under protective custody.
Police officers arrived at Rana's home in the early hours of Sunday while he and his family were asleep. Armed Police Force personnel guarding the residence initially tried stopping the team, but the officers said that they had come to take the former chief justice with them.
Police told Rana that he faced a security threat, He reportedly asked why the protection already assigned to his residence couldn't be strengthen instead. The officers nevertheless insisted that he accompany them. According to his family, they weren;t shown an arrest warrant or told what offence he was suspected of committing.
The team took Rana to the Kathmandu Valley Crime Investigation Office. Police later stated that no criminal case was being pursued and that he had been brought there only becauseof the concerns for his safety. Superintendent of Police Rameshwar Karki said the matter was not connected to the filing of a case, while Senior Superintendent of Police Santosh Khadka said Rana had been kept there until suitable security arrangements were made.
Rana was released to his relatives at about 2 pm. Police subsequently said he was staying elsewhere under surveillance before returning to his family. On Monday, Deputy Inspector General Thapaliya said Rana was at his residence under police protection.
Authorities have not publicly identified the nature of alleged threat, when it was reported, who may have posted it or whether police carried out a formal threat assessment. They have also not explained why Rana needed to be removed from a protected residence rather than receive additional security there.
The choice of police unit has added to the controversy. The Kathmandu Valley Crime Investigation Office normally handles serious criminal investigations, while security protection for senior public figures fall under the police security structure. Police have not explained who ordered the crime investigation team to go to Rana's home or why the security directorate was not used to manage the reported threat.
The operational chain of command also remains unclear please have not said whether the order came from police headquarters, the home ministry, the prime minister's office or another authority. they have also they have not identified the senior officer who authorized the deployment of team led by Deputy Superintendent of Police Yograj Khatiwada.
A senior police stores indicated that discussions about rana begin after Prime Minister Balendra Shah and political advisor Kumar Ben return from the United States . The Source said pressure to take Rana into custody begin on Saturday evening, but did not establish so initiated the discussions or whether a return instruction was this beautiful stop that account has not been publicly confirmed by the government.
The incident also has raised questions about Rana's legal status during the 12 hours he spent at the police office. If he had been arrested, authorities have not identified or charge or produced a warrant. If the move was solely for his protection, officials have not explained the Legal Authority under which police could take him from his residence and keep him elsewhere overnight.
Legal and former police officials have questioned the procedure. Former Supreme Court Justice Balram KC said there was no apparent reason to take a former Chief Justice at night. Former Central investigation Bureau chief Hemant Malla Thakuri said an arrest of someone of Rana's rank would normally require a warrant and a clearly stated reason. He also questioned the practice of keeping a person in police overnight solely because of a security concern.
Former Chief Justice Om Prakash Mishra said that, if police had credible information about a threat they could have increased the security presence at Rana's residence instead. A retired police inspector general similarly said that protection of a formal chief justice should normally be strengthened at the person's home.
The National Human Rights Commission attempted to meet Rana after learning that he had been taken to the crime investigation office, but the team was not allowed to see him. Police later said that were unaware that the commission's representatives had tried to gain access. The commission has sought clarification about the circumstances of the detention and the police office safe has been asked to explain why the team was denied access.
The controversy reached Parliament on Monday. Lawmakers demanded and explanation from the government and criticize the action as an attack on due process and the rule of law. Lawmakers also questioned why Rana was taken at night without a publicly disclosed warrant or charge. The ruling party Rastriya Swatantra Party did not publicly respond to the criticism during the Parliamentary debate.
There also has been some remarks surrounding this arrest.
According to sources, Prime Minister Balen Shah's team took action after getting serious information about former Chief Justice Cholendra Rana's role in businessman Deepak Bhatta's case. Bhatta is in jail for money laundering and there was suspicion that an attempt was being made to release him through the court. Home Minister Sudhan Gurung collected information from the Supreme Court and jail and informed the PM's team. The report claims, based on sources, that there was a big money deal to release Bhatta and then restore the parliament to change the government. Following this information, the decision was made to take Cholendra under control on Sunday night and the police were instructed at the last moment. Police have seized two mobiles from him and found WhatsApp chats with Supreme Court judges in them.
However, there are not yet facts that have been proved.
As of now, Rana has since requested increase security for himself and his family police say he remains under protection at his residence.
