To prevent the spread of CoViD-19 in government detention centres, prisons and child correction homes, on 20 March 2020 (7 Chaitra 2076), the full bench of the Supreme Court of Nepal  decided to release juveniles from Child Correction Homes and convicted prisoners who have served one or less than one year of sentence. Likewise, the Court also decided to halt all non-urgent services except for the hearing on writ of habeas corpusand issuance of arrest warrant and hearing application of detainees who are detained for less than one year. The Court has further notified that those service seekers whose hearings would be affected due to the suspension of regular court activities will have to appear before the court within ten days after the lockdown is lifted.

With the suspension of all non-urgent court activities due to the lockdown, justice seekers are not being able to get the  services from the courts. Nevertheless, the court is hearing urgent issues of issuing arrest warrant, habeas corpus, receiving and hearing application of detainees who are detained for less than one year. The suspension of non-urgent court activities indeed helps to prevent gathering the crowd of justice seekers and lawyers in the courts thus preventing the possible spread of CoViD-19. The participants of the meeting agreed that the courts should convey the information regarding its services to the service seekers through press statements or other means of widely available and accessible means of communication.

Taking into account  ofthe current situation, the participants also discussed about the prisoners who could be released as per the decision of SC, its effective implementation and way forward.

The judges of Banke District Court informed that till date the Banke District Court has issued orders to release 7 juveniles from Child Correction Homes and 3 prisoners from prison. The judges also added that since the Supreme Court has directed to release the detainees only after fulfilling the due process of law, it may not be possible to release everyone whose requests have been filed earlier but the due process of law is not followed. Therefore necessary consultations are being carried out regarding it.

Due to the jurisdictional limitations, the High Court cannot issue any orders to release the prisoners and juveniles. So, the judges of the High Court informed that they have suggested to the judges of the District Court to follow the same standard and maintain uniformity while issuing the orders to release prisoners and juveniles to ensure that the rule of law has been maintained. Furthermore, they also said that the judges of the District Court can seek suggestions from the High Court, if necessary.

Similarly, on 3rd April 2020, after monitoring the ongoing situation, legal professionals and representative of Advocacy Forum-Banke held discussions with District Police Office, Banke regarding  human rights violations while enforcing the lockdown. The discussion focused on concerns of Nepali citizens coming from different parts of India who are stuck in the borders, strategies to allow them to enter Nepal,  quarantine measures and its proper management, supply of goods and services in the market and its management, control of black marketing, situation of custody, humane treatment of detainees and release of detainees as per the decision of Supreme Court and the Office of the Attorney General. TThe role of police administration in protection of human rights of people during lockdown was also discussed. AF urged the police to refrain from excessive use of force while enforcing the lockdown.

The In charge of Banke District Police office informed that there were altogether 28 detainees (female -1, males- 27) in their detention centre among whom 21 detainees have been released after the beginning of the lockdown.

In addition, a meeting was held with Chief District Officer and requested him to identify the people in need under his jurisdiction and initiate steps to provide relief to them immediately. AF urged that the measures should be taken without any delay to ensure that the citizens get necessary support from the government in this time of despair and need. He expressed his commitments to follow the decision of the Supreme Court and respect human rights and rule of law during lock down.

Earlier, AF distributed masks to the detainees of the District Police Office, Banke and Area Police Office, Kohalpur as an initiative to prevent CoViD-19. As a result of AF's intervention and the positive response of the stakeholders, 41 juveniles were released on parental custody from the Child Correction Home of Nepalgunj.