Nepal faces scrutiny over rule of law following political detentions

Nepal is facing scrutiny regarding the rule of law and political accountability following the midnight detention of former Chief Justice Cholendra Shumsher Rana in late September 2025. While police cited security threats for his detention, the government has denied making an arrest, claiming he was moved for his own safety. This has led to criticism from opposition parties and the National Human Rights Commission, as representatives were reportedly prevented from meeting him.

Critics argue that the practice of detaining and releasing prominent political figures without clear legal justification contradicts constitutional requirements. Under Article 20, detained individuals must be informed of the grounds for arrest and brought before a judicial authority within 24 hours. The use of ‘protective custody’ is not recognized in the Constitution or the Muluki Criminal Procedure Code.

These events follow a period of significant political instability in Nepal, characterized by historical violence, corruption, and the armed struggle of the Maoists. The current administration, which rose to power on promises of accountability, now faces pressure to explain a pattern of detaining former prime ministers and other high-profile figures.