The Cost of Arbitrary Power

The late-night removal of former Chief Justice Cholendra SJB Rana from his residence and his overnight ‘detention’ at the Kathmandu Valley Crime Investigation Office have raised troubling questions about the exercise of state power in Nepal. Whether authorities describe the episode as a security measure or something else, the central question remains: Can the state take an individual into police custody without a complaint, an arrest warrant, a criminal investigation, or a clearly stated legal basis? In a constitutional democracy governed by the rule of law, the answer must be no. Police have insisted that Rana was not arrested but taken to a safe place because of a security threat. Yet the explanation has failed to convince many observers. If there was a genuine threat, authorities could have strengthened security at his residence, coordinated with his family, or acted against those allegedly plotting an attack. Instead, police officers arrived at his home late at night and took him to a crime investigation office. The controversy has deepened because there was reportedly no complaint against Rana, no criminal case under investigation, and no publicly disclosed legal order authorizing the action. Reports suggesting that concerns over Rana’s political contacts and alleged involvement in sensitive legal matters may have influenced the decision have only intensified public suspicion.