KATHMANDU: Former Secretary Bhim Upadhyaya is currently in police custody. Kathmandu District on Thursday remanded him to three days in custody.
He was arrested by the Central Cyber Bureau of Nepal Police on Wednesday night over cybercrime and presented before the court today.
Upadhyaya was a vocal critic of the government and active in social media slamming leaders and government officials for their wrongdoings.
Upadhyaya has exposed many scams and recently disclosed the recent scam in purchasing medical supplies from China.
He had exposed the deal in which the government was found procuring health materials through the OMNI group at the price 10-15 times higher than the market price. The deal was later canceled following after severe criticism.
Upadhyaya had also claimed that the post of some Cabinet ministers and Heath Secretary Yadav Koirala was at risk. Then, he had a verbal spat with the Health Secretary with the latter accusing him of being involved in corruption in the Melamchi Drinking Water Project.
He was targeted by the government after he started exposing it wrongdoing and was booked for cybercrimes.
Upadhyaya charged for cybercrime
He has been accused of cybercrime for issuing negative comments and messages against the incumbent government through rumors and delusions.
SSP Nabindra Aryal at Cyber Bureau told Khabarhub that an investigation against Upadhyaya has started being based on the Electronic Transaction Act, 2063.
“We have started the investigation against him on Electronic Transaction Act,” SSP Aryal told Khabarhub, “Detailed investigation is yet to be carried. If he is found of violating other laws, an investigation will follow accordingly.”
Cybercrime has been a new weapon for the Nepal Police to suppress the voice of journalists, writers and the general public who come up with investigative and sarcastic content that is intolerant of the government or people associated with it.
People have been often booked for defamation that could have been resolved easily. The Cyber Crime Act is meant for authenticating banking transactions and discourage cybercrime. But it has been frequently used against government critics.
Senior Advocate Dinesh Tripathi says the government has been misusing the legal provision to silence the critics of the government.
“People criticizing the wrongdoings of the government have been targeted and booked. It is the misuse of the law,” he said.
What are the legal provisions?
Electronic Transaction Act has a provision of the punishment of penalty not exceeding one hundred thousand rupees or with imprisonment not exceeding five years or with both.
Section 47 (1) of the act states:
If any person publishes or displays any material in the electronic media including a computer, the internet which are prohibited to publish or display by the prevailing law or which may be contrary to the public morality or decent behavior or any types of materials which may spread hate or jealousy against anyone or which may jeopardize the harmonious relations subsisting among the peoples of various castes, tribes and communities shall be liable to the punishment with the fine not exceeding One Hundred Thousand Rupees or with the imprisonment not exceeding five years or with both.
If any person commits an offense referred to in Sub-section (1) time to time he/she shall be liable to the punishment for each time with one and one-half percent of the punishment of the previous punishment, according to Section 47 (2).
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