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| Kathmandu, Saturday February 22, 2003 Falgun 10, 2059. |
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Cease-fire instills hopes of early release
among detainees
By Suvecha Pant
KATHMANDU, Feb 21 : Hundreds of people who were arrested
before and during the state of emergency have now found hope of release after the
cease-fire, which was declared on January 29.
This is evident as the families of those detainees, who were
arrested under Terrorist and Destructive Activities (Punishment and Control) Act (TADA),
are now flocking the Supreme Court to file cases seeking their release.
According to Advocate Yeak Raj Bhandari, Executive Member of
Nepal Bar Association (NBA), which is currently giving legal aid to those cases of habeas
corpus, told The Kathmandu Post that the number of cases have increased enormously in the
past month.
"From January 2003, NBA has registered 55 cases,"
said Bhandari, adding that out of the 55 cases, most have been after the cease-fire.
The reason for such an increase in the number of cases
regarding the release of detainees can be attributed to the sense of security that the
cease-fire has instilled. "Families who have kept quite for a year for fear of their
lives are now hopeful that their loved ones can be released," added Bhandari.
Take for instance the case of Sadhikshya Bhandari. Fifteen
months ago, her husband Khil Bahadur Bhandari, editor of Janadesh weekly, was arrested
under TADA.
Sadikshya filed a writ at the Supreme Court during the
nine-month emergency asking for the release of her husband but to no avail. However, on
February 11 her brother again filed a writ petition at the apex court once again asking
for the release of Bhandari.
Today only ten days after her brother filed a writ petition
at the Supreme Court for Khil Bahadur’s release, the Court ordered his release.
Similarly, the court also issued an order for the release of Sadikshya’s father Dil
Bahadur Adhikari, who was also arrested last year under TADA.
"The reason for such a quick decision by the SC must be
due to the cease-fire," said Sadikshya to The Kathmandu Post. "I am very happy
that the SC has ordered the release of my husband and father."
She also added that the writ petition filed during the
cease-fire was quite different from that during the emergency.
Since emergency rule ended in Nepal last August, hundreds of
cases have been filed in the SC seeking the release of detainees held under TADA.
Accordingly, the apex court issued orders in several cases for release of those arrested
but the government fail to release them.
Now, with the cease-fire, the public feel that their family
members would be released.
"The people felt threatened during the emergency,"
said Satish Krishna Kharel, secretary, NBA. "They felt scared that their family
members would be arrested again after release."
Even the lawyers were scared to represent cases related to
the detainees. "A few lawyers were also kept under detention while pleading for such
cases," said Kharel, adding, "The cease-fire has brought on a sense of security
and trust. People now seem to have confidence that their family members will be
released."
During the emergency, the Court was strict while issuing
decisions on releasing the detainees but after truce, they have become more liberal.
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