Supreme Court Orders Immediate Release of Former UML MP Koiri

Nepal’s Supreme Court has ordered the release of former CPN-UML lawmaker Laxmi Mahato Koiri from custody, ruling that the legal process used to send him to prison did not comply with the law.

The order came after a joint bench of Justices Shreekant Paudel and Kumar Regmi heard a habeas corpus petition challenging the legality of the prison warrant issued against Koiri. While the High Court’s conviction itself remains a separate matter, the Supreme Court found that the prison commitment order issued on July 3 was not legally valid, making his continued detention unlawful.

Supreme Court finds prison warrant legally defective

The habeas corpus petition argued that the warrant used to keep Koiri in custody lacked a proper legal basis. After examining the case, the Supreme Court concluded that the prison commitment order did not meet legal requirements and directed authorities to release him immediately.

The ruling focuses on the legality of the detention process rather than overturning the criminal conviction.

Background of the conviction

Koiri had been sentenced to five years in prison by the Janakpur High Court in connection with the killing of Thaman Bik. He was arrested the day after the verdict and transferred to Jaleshwar Prison to serve the sentence.

• The Janakpur High Court sentenced Koiri to five years’ imprisonment in the Thaman Bik murder case.
• He was arrested the day after the judgment.
• A prison commitment order issued on July 3 was later challenged before the Supreme Court.
• The Supreme Court ruled that the warrant was not legally valid and ordered his immediate release from custody.

The latest order underscores the importance of due legal process in the enforcement of court judgments. Although Koiri’s conviction remains part of the judicial record, the Supreme Court held that the procedure used to detain him failed to satisfy legal standards, leading to his release from prison.