Valley
Court moved against arrest of activist, journo
A writ has been filed at the Supreme Court against police detention of activist Ishan Adhikari and journalist Shesh Narayan Jha.A writ has been filed at the Supreme Court against police detention of activist Ishan Adhikari and journalist Shesh Narayan Jha.
Claiming that splashing red colours on the wall of Singha Durbar is not a public offence, Advocate Raksha Ram Harijan has filed a habeas corpus petition at the apex court, in which he has said the duo’s arrest and detention is unlawful.
Adhikari, 21, was first arrested by police on charge of splashing red colours on the eastern wall of Singha Durbar while Jha, managing director of Samaybodh monthly, was taken into custody for taking pictures on May 21. They were released the same day but were taken into custody on May 22 again, only to be released later. They were last arrested on May 23 and since then they have been in custody.
“As a journalist, Jha was doing his job,” said Dipendra Jha, one of the lawyers defending the case. “Since when taking picture of Singha Durbar has become a crime?” he wondered.
Adhikari who in an appeal has said he splashed “blood colour” on the main gate of Singha Durbar to “expose its true nature”. “I have begun my fast without water,” he has said in his appeal.
Adhikari, who travelled from Mechi to Mahakali along the Hulaki Marg interacting with Madhesi people during the Madhes unrest, has said he was disappointed with the state action against the people in the plains. “The series of oppression, violence and neglect has led to an increasing frustration against the Nepali state in this region,” he said
Adhikari has been observing fast in detention. “Efforts made by police to force-feed him is also against the law,” said Advocate Jha. In a statement issued two days after the arrest of journalist Jha, the Federation of Nepali Journalists has condemned the police action. “To arrest and charge [someone] with public offence for taking picture is a serious breach of freedom of expression,” read the FNJ statement. “We condemn the government move and demand his immediate release.” According to DSP Prajit KC, journalist Jha was arrested because “he was spotted with Ishan for two consecutive days at the same place.” “On the first day, Jha was with Ishan while he was splashing red colour on the wall of Singha Durbar. On second day also, he was spotted there,” said DSP KC. “We believe there is something fishy going on.”
Meanwhile, issuing a statement, THRD Alliance, a human rights watchdog, has also expressed concern over “increasing violation of right to free speech.” “Recent incidents of human rights violations, including both of these aforementioned cases, suggest that there is alarming state of human rights situation in Nepal, specifically related to fundamental rights to free speech,” reads the statement.
Claiming that splashing red colours on the wall of Singha Durbar is not a public offence, the petitioner has argued that the arrest is unlawful