In relation to the Morang prison case, the High Court of Biratnagar has granted priority to the proceedings following a writ filed by the Informal Sector Service Centre (INSEC) against the Ministry of Home Affairs and four other government entities.
On July 6, the bench of Judge Krishna Kamal Adhikari of the High Court in Biratnagar issued the writ in response to INSEC’s petition. The court’s mandamus emphasizes the need to protect the human rights of prisoners and underscores the sensitive nature of the subject matter, urging the case to be prioritized and presented in accordance with the established rules.
The mandamus directs the opposing parties in the case—the Ministry of Home Affairs, Singh Darbar Kathmandu, Prison Management Department, District Administration Office Morang, and Morang Prison Office—to submit their written responses within 15 days through the Office of the District Public Prosecutor. Additionally, the Ministry of Internal Affairs and Law, Koshi Province is granted the same timeframe to provide a written reply through the Office of the Chief Justice, Koshi Province Biratnagar.
INSEC’s Koshi Provincial Office in Biratnagar filed the writ against the government on July 5, demanding the protection of the basic human rights of prisoners in Morang prison and improvements to the prison conditions.
On July 6, senior advocate Ramesh Koirala, along with advocates Dilli Prasad Dahal, Koshraj Neupane, Anil Khadka, Rukmin Dahal, and Somraj Thapa, presented arguments on behalf of INSEC.
The writ petition by INSEC in the High Court of Biratnagar seeks government attention and prison reform due to concerns such as the lack of post-mortem examinations in cases of suspicious deaths of prisoners, non-disclosure of inquiry committee reports on prisoner deaths, overcrowding of the prison beyond its capacity, and deprivation of basic rights for prisoners.
The writ filed by INSEC in the High Court of Biratnagar cites the right to live with dignity as enshrined in Article 16(1) of the Constitution and Article 6(1) of the International Covenant on Civil and Political Rights, 1966, to which Nepal is a signatory. These provisions assert that every individual, including detainees and prisoners, has the right to live with dignity, and it is the government’s responsibility to protect such rights.
According to Somraj Thapa, the Koshi Province Coordinator of INSEC, the writ petition was filed in accordance with Article 144(1) and (2) of the Constitution of Nepal, Section 8 of the Administration of Justice Act, 2016, and Rule 41 of the High Court Rules, 2016.