SC orders release of journalist Shrestha

KATHMANDU: The Supreme Court has ordered the release of journalist Kishor Shrestha.

A division bench of Justices Nahakul Subedi and Bal Krishna Dhakal issued the order following a hearing on a habeas corpus petition filed by Shrestha’s wife, Saraswati.

The bench also ordered the return of electronic devices seized from Shrestha’s home and office.

Police arrested Shrestha, who is the chief editor of Jana Aastha weekly, on August 12 after a complaint was filed against him alleging the violation of individual privacy rights over a news report and photograph published on its online edition. Jana Astha has been insisting that the complainant herself had posted the photograph on her Facebook page.

Although the Kathmandu District Court had granted permission on Monday to remand Shrestha in custody for an additional four days for investigation, the Supreme Court ruled in favor of his release.

“It appears that the photograph mentioned in the complaint was originally uploaded by the complainant herself on the social media platform Facebook, a fact which the defense failed to refute in their written response,” the court order states. “Furthermore, although the applicant Kishor Shrestha is the editor of Jana Aastha weekly, he does not appear to hold an editorial role in the Jana Aastha online portal where the news was published. As there is no justification to keep the applicant in custody for investigation, a writ of mandamus is issued to the District Police Range, Kathmandu, directing them to proceed with the investigation by releasing the applicant on bail or recognizance pursuant to Section 15 of the National Criminal Procedure, 2017.”