Kathmandu, 2 May: The police have received permission to keep Section Officer Mahiman Singh Bista in custody for four days for writing an unauthorized letter from the Supreme Court aimed at facilitating the arrest of Resham Chaudhary, the patron of the Nagarik Unmukti Party.
On Friday, the Kathmandu District Court granted the permission to detain him for four days for investigation, according to SP Apilraj Bohora of the Kathmandu District Police Office.
Bista has admitted to the police that he wrote the unauthorized letter. However, the police will continue their investigation and present him before the Office of the Government Attorney for a statement.
After Bista issued the letter concerning Chaudhary’s arrest, the Supreme Court itself issued a communication to the police and Dillibazar Prison Office stating that the letter was unauthorized.
The Supreme Court has called for an investigation and legal action against Bista under Sections 84, 87, and 276 of the Criminal Code, 2074 (2017).
Section 84 pertains to the prohibition of providing false information.
It is stated that no one shall provide false information with the intention of preventing a civil servant from performing duties as required by law, or compelling them to do something they should not do or are not required to do. Under this offense, the punishment can be up to one year of imprisonment, a fine of up to 10,000 rupees, or both.
According to Section 87, it is prohibited to disobey an order.
The relevant section states: “No one shall disobey an order issued by an authorized officer in accordance with the law by failing to perform a lawful duty or by doing something that should not be done under the law.”
Violation of this provision is punishable by up to six months’ imprisonment, a fine of up to 5,000 rupees, or both. A letter has been issued to take action against Bista under this offense as well.
Similarly, the Supreme Court has recommended action against him under forgery-related offenses.
Section 276 states that “no one shall commit or cause to commit forgery.”
This section also defines what constitutes the offense.
If someone, with the intent to cause harm, loss, or damage to the general public or any individual, or to gain benefit for themselves or others, creates a false document, false electronic record, or a false portion thereof, it shall be considered forgery.
Under this offense, forging a court decision or order is punishable by up to eight years of imprisonment and a fine of up to 80,000 rupees.
On Wednesday morning, a team led by a DSP from the Kathmandu District Police Office arrived at the Nepal Academy in Kamaladi to arrest Resham Chaudhary. He was there to attend a program announcing the unification of the Nagarik Unmukti Party and the Janamat Party. His sudden arrest raised questions about the reason and legal basis behind it.
The police claimed the arrest was made following a letter from the Supreme Court for the implementation of its verdict. However, it was later revealed that the letter had been written by Bista himself and delivered personally to both the police and Dillibazar Prison Office.
The police have launched an investigation into why he committed the forgery. In his initial statement, Bista reportedly said, “I wrote it out of the pain caused by the Tikapur incident.
