The Supreme Court (SC) on Wednesday has released Dr Govinda KC, who was arrested for contempt of court case, on date.
A joint bench of justices Purushottam Bhandari and Bam Kumar Shrestha has ordered release of Dr KC, who has continued his fast-unto-death demanding resignation of Chief Justice Gopal Parajuli even during detention, on guarantee of senior advocate Surendra Bhandari considering the health of Dr KC.
The SC has ordered Dr KC's release also considering that he said he respects the judges who deliver justice, he did not give expression to stoke hatred against the court, and he just alerted the court and the society through healthy criticisms.
The bench has also asked for the file about CJ Parajuli's citizenship certificate and educational certificates as demanded by Dr KC while recording his statement to the SC. "Do seek copies of both the citizenship certificates issued in the name of Gopal Parajuli from the Kathmandu District Administration Office and the decision taken by the Judicial Council about age, and copies of the educational certificates," the SC order reads.
The bench has also asked for the file of the verdict given on Dr Shashi Sharma's petition on Sunday.
"Others cannot keep two certificates but Chief Justice has two. He has been in this job tampering his age. That is a crime. He does not have an SLC certificate and does not qualify to become a justice. I request for probe against him," Dr KC had claimed while recording his statement at the SC on Tuesday.
Dr KC, who started his 14th fast-unto-death for dismissal of Chief Justice Parajuli on Monday, was arrested by the police Monday evening after the SC ordered his arrest for contempt of court. He was produced before the court Tuesday morning as ordered by the SC.
A single bench of Dambar Bahadur Shahi, hearing a contempt of court case against Dr KC that was presented to the bench by the SC itself after processing a memo (tippani) on Monday, ordered the police to arrest Dr KC and produce him before the court at nine Tuesday morning stating that through his press statement against the court’s verdict, he made indecent, slanderous and contemptible remarks against the judicial system of Nepal, judiciary and justices in a way that the general public can be misled.
The Administration of Justice Act mentions the action against contempt of court. Clause 17(1) of the Act states that the SC can take action for contempt of court if someone obstructs delivery of justice by the SC or the courts under it, or defies the court’s verdict. Dr KC can be jailed and fined if he is found guilty of contempt of court as per clause 17(4) of the Act.
Dr KC can apologize to the court after arrest. The SC can put action against him on hold if it is satisfied with the apology. Dr KC can apologize even after the court finds him guilty. The SC can order to not implement the jail sentence and fine against him if it is satisfied with the apology.
Dr KC earlier on Monday had started the fast against the SC’s order to reinstate Prof Dr Shashi Sharma as dean of Institute of Medicine under the Tribhuvan University (TU).
The senior orthopedic surgeon at Tribhuvan University Teaching Hospital (TUTH) had started the hunger strike after organizing a press conference.
The joint bench of Chief Justice Gopal Parajuli and Justice Dipak Kumar Karki, after conducting the final hearing of the writ petition filed by Dr Sharma four years ago demanding his reinstatement, on Sunday had ordered his reinstatement for four days if he so wishes.
“I am staging the hunger strike against the chief justice,” Dr KC said in the press conference.
“Now our judiciary does not give justice, rather it sells it. It is now under the command of the group that punishes honest, and helps protect the corrupt and criminals. There is no alternative to fighting with the root of the problem in such situation created to cover up the judicial crime and to fulfill personal interests at a time when laws and rules should be followed. So there’s no alternative to fighting against corrupt and Mafia-guided only to save the judicial dignity,” Dr KC further said.
