Nepal Supreme Court annuls arrest warrant against Deuba couple, bars detention

Nepal's Supreme Court has quashed an arrest warrant issued against former Prime Minister Sher Bahadur Deuba and his wife Arzu Rana Deuba. The court ruled on Monday that the warrant, issued by the Kathmandu District Court on April 6, was invalid due to procedural flaws.

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the arrest warrant had automatically become inactive, noting that the legal procedure and format required under criminal procedure rules had not been properly followed while seeking and issuing the warrant.

A division bench found that the Department of Money Laundering Investigation and the district court failed to demonstrate adequate legal grounds for the arrest. Under Nepal's anti-money laundering law, arrests require reasonable suspicion of flight risk, evidence destruction, obstruction of investigation, or influencing the case. The court stated these grounds were not sufficiently established.

The Deuba couple is currently outside Nepal, having left the country in February. Their whereabouts have not been independently verified, though they were believed to be in Hong Kong. The Supreme Court also noted that jurisdiction for such cases now lies with the Special Court following amendments to the Anti-Money Laundering Act, and there was no evidence the department sought or received authorization from the Special Court for the warrant.

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such grounds had not been adequately demonstrated.

This ruling comes as Interpol has reportedly refused a second request from Nepali authorities for a Red Notice against the Deuba couple. Sources indicate Interpol cited insufficient documentation and a lack of clarity in the case for the denial, mirroring the reasons for the initial rejection.

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such action must strictly comply with due process and cannot be arbitrary.