KATHMANDU: The Supreme Court has ordered the release of Kishor Shrestha, Editor-in-Chief of Jana Aastha weekly.
A joint bench of Supreme Court Justices Nahakul Subedi and Balkrishna Dhakal issued the order to release Shrestha.
Presenting his statement before the bench, Shrestha claimed that he had been falsely charged due to prejudice against him. He also alleged that he was subjected to mental distress while in custody.
Shrestha was arrested late Wednesday night by a joint team from the Kathmandu Valley Crime Investigation Office and the District Police Range, Kathmandu, on allegations of violating the Privacy Act, 2075.
During the hearing, four government lawyers and 17 lawyers representing Shrestha argued the case.
Shrestha’s lawyers argued that there had been no violation of personal privacy, presenting a photograph on Facebook that the woman who filed the complaint had herself publicly shared. They questioned how republishing a photograph that had already been made public by the individual could constitute a violation of privacy.
The bench also questioned government lawyers on the issue. In response, the government argued that even if an individual posts a photograph on their own Facebook account, the media cannot republish it.
Shrestha also addressed the bench during the hearing. He claimed that the case against him was fabricated out of prejudice and alleged that he had been kept in custody alongside people accused in drug-related cases, causing him mental distress.
“I am a journalist who works with a pen, yet I have been kept with 55 people accused in drug-related cases. I have not been able to sleep at night for five days, and I have not been allowed to meet my family members and lawyers separately,” Shrestha told the bench.
Shrestha became emotional several times while giving his statement. He said he had never been frightened even when he was previously disappeared by the army and had always taken risks while reporting.
“I was not afraid even when the army disappeared me. I have always taken risks while writing news. But this time, iPads and computers belonging to the children of relatives staying with me were also seized. Their right to study has been affected. That is why I am under stress,” he said.
Shrestha’s wife, Saraswati Shrestha, also addressed the bench, speaking about the situation their family had been experiencing.
She alleged that since the formation of the new government, people had been stationed outside their house for hours, using mobile phones, while a police van was also kept outside the residence, creating mental pressure.
“Why does journalism have to become an issue at my home? The children of relatives staying with me may have made mistakes, but what mistake did I make?” she asked, demanding justice.
She also told the court that unwanted remarks had been made about her and her late mother-in-law and that police had failed to respond even when a cyber-related complaint was filed.
After Saraswati finished speaking, she comforted her emotional husband, asking him, “Why are you so anxious? Why are you afraid?”
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