Oct 28, Kathmandu - A writ petition has been filed in the Supreme Court against the government's decision to ban former Prime Minister KP Sharma Oli, former Home Minister Ramesh Lekhak and other individuals from traveling abroad and even from outside the Kathmandu Valley.
In a writ petition filed on Tuesday by advocate Dr. Premraj Silwal, an interim order has been sought to quash the decision, saying it is illegal and not to implement it immediately.
The writ petition states that the government took the decision on the recommendation of the ‘Inquiry Commission on the Incidents of Bhadra 23 and 24’, formed to investigate the incidents of arson, violence and looting during the Gen-Z movement on Bhadra 23 and 24.
According to the Commission's decision and press release on Ashwin 12, 2082, the government had initiated the process to ban former Prime Minister and UML Chairman KP Sharma Oli, former Home Minister and Congress leader Ramesh Lekhak, former Home Secretary Gokarna Mani Duwadi, former National Investigation Chief Hutraj Thapa, and former Chief District Officer Chhabilal Rijal from traveling abroad and to withhold their passports.
The writ petition claims that the government's decision is against the fundamental principles of the right to live with dignity, international law, the Constitution of Nepal, and criminal law.
"The decision of the government and the commission has been made with political bias, and the decision has acted against the law, legal norms, and the basic provisions and norms of criminal law," the writ states.
The petitioner has claimed that the government's decision violates the fundamental rights guaranteed by Article 16 (Right to life with dignity), Article 17 (Right to liberty), Article 18 (Right to equality) and Article 19 (Right to communication) of the Constitution.
The writ states, "Any person has the freedom to assemble peacefully without weapons, to form political parties, to form organizations and to move and reside in any part of the country. However, the government's decision has interfered with all these rights."
The writ argues that the government's move is also against international law, recalling that Nepal is a member of the United Nations and has signed various human rights conventions.
Advocate Silwal has demanded that the government's decision and related letters be revoked through a summons order and that an injunction be issued to prevent anyone from being illegally restricted in this way in the future.
 
																	 
					 
					 
					 
					 
					 
					 
					 
					 
					 
					 
					 
					 
					 
					 
					 
 
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