Kathmandu, 30 September 2024: Butwal Bench of High Court Tulsipur on Monday issued an order of mandamus after hearing the writ petition filed by Advocacy Forum-Nepal (AF).
AF had teamed up with law students of Lumbini Buddhist University to file a writ requesting a mandamus to build a separate consultation room in the police offices so the detainees could get legal advice from the lawyers. They mentioned in their writ that no separate room violates detainees’ rights under Article 20(2) of the Constitution of Nepal which guarantees the detainees’ right to consult with a legal practitioner of his or her choice and any consultation made by such person with, and advice given by, his or her legal practitioner shall be confidential.
The writ petitioners cited the lack of an appropriate consultation room in the police offices. They argued that the presence of police personnel during the detainee’s consultation with the legal practitioner violates confidentiality and also deprives the detainee’s right to a fair trial.
The division bench of Judges Jagat Bahadur Thapa and Punya Sheela Dawadi issued the order.
The Office of the Chief Minister and Council of Ministers Deukhuri, Ministry of Internal Affairs of Lumbini Province, Office of the Province Chief Attorney, Police Headquarters Naxal Kathmandu, Lumbini Provincial Police Office Tulsipur Dang and District Police Office Rupandehi were respondents in the case.
The writ was filed on 1 August 2024.
AF’s Member and Senior Advocate Shiva Prasad Gaudel and Advocate Indira Acharya argued the case in the court.
