Supreme Court orders release of journalist Kishor Shrestha

The Supreme Court of Nepal has ordered the release of journalist Kishor Shrestha, who was arrested on August 12. A division bench of justices Nahakul Subedi and Balkrishna Dhakal issued the order on Monday while hearing a habeas corpus petition filed by Shrestha's wife, Saraswati Shrestha.

Shrestha, the editor of the weekly Jana Aastha, will be investigated without being held in custody. Supreme Court spokesperson Arjun Prasad Koirala confirmed the order, stating that Shrestha would be released after police complete the necessary legal documentation. The court directed the Kathmandu District Police Range to investigate Shrestha on a personal bond or bail, as per Section 15 of the Criminal Procedure Code, 2017.

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He will be released after police complete the necessary documentation and legal procedures.

The bench found that the circumstances did not warrant keeping Shrestha in custody. They noted that the photograph cited in the complaint was posted on Facebook by the complainant herself. Furthermore, the court pointed out that while Shrestha is the editor of Jana Aastha, there was no evidence he held an editorial role at the online portal involved in the complaint.

The justices emphasized that complaints concerning news content should be handled by the Press Council Nepal, the media's regulatory body. They ruled that keeping Shrestha in custody would violate the right to communication guaranteed by Article 19 of the Constitution. The court also ordered the return of six CPUs and two laptops seized from Shrestha's office and residence.

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The writ petition was heard and an order has been issued for his release.