KATHMANDU, June 5: Senior Vice President Rabindra Mishra and General Secretary Dhawal Shamsher Rana of the Rastriya Prajatantra Party (RPP), who were arrested during the violent royalist protest at Tinkune and later released on bail, have recently gone out of contact.
After a long period of no communication, the Kathmandu District Police Office has fined the lawyers representing both individuals Rs 25,000 each for failing to ensure their clients’ regular appearances as required by the bail conditions.
Senior Superintendent of Police (SSP) Bishwo Adhikari confirmed the fines, saying, “The lawyers were unable to make the accused appear as scheduled. Therefore, the fines were imposed based on the provisions of the Criminal Procedure Code.”
According to Section 15, Subsection (1) of the Criminal Procedure Code, 2074, a person released on bail must, as per Subsection (2), appear in court when required.
If the person on bail fails to appear, then according to Subsection (3), the person who provided the bail must ensure their presence whenever called upon by the police or government prosecutor.
If they fail to do so, Subsection (4) allows the investigating officer to impose a fine of up to Rs 50,000 on the person who gave the bail. The police have used this provision to fine the lawyers of Mishra and Rana.
After the violent protest at Tinkune, the police arrested Mishra and Rana that very night and kept them in custody. While in custody, Rana was released on bail on April 21 because he needed to travel to India for follow-up treatment of cancer. However, the police have reported that Rana has not been in contact since his release.
Similarly, Mishra’s wife had filed a habeas corpus petition in the Supreme Court regarding his prolonged detention. On May 16, a bench of judges Kumar Chudal and Til Prasad Shrestha ruled that sufficient evidence had been collected and ordered Mishra’s release on bail. Mishra was also released on bail that same day.
The police submitted a report recommending prosecution against both individuals to the District Government Attorney’s Office (DGAO) in Kathmandu.
The DGAO has filed a case against both as defendants in the Kathmandu District Court, charging them with sedition, criminal disturbance, and organized crime.
The court has also recorded statements from the accused who are in contact with the police. However, Mishra and Rana have neither appeared when called by the police and lawyers nor given their statements in court. Based on this, the police have fined the lawyers who provided their bail.