Freedom Forum calls for "civil liberty sensitivity" among law-enforcing bodies.
This statement was originally published on freedomforum.org.np on 20 October 2022.
Freedom Forum condemns the rearrest of the comedian Apoorva Kshitiz Singh on October 18, 2022. Previously, he had been arrested on August 28 for allegedly hurting the feelings of the Newar community through his standup comedy.
The activists had filed a slew of cases against Singh under four different sections: Section 165 (Prohibition of undermining social rites and rituals), Section 166 (Prohibition of untouchability or discriminatory treatment on ground of caste) and Section 168 (Prohibition of degrading or inhuman treatment) of Chapter 10 (Offenses Relating to Discrimination and Other Degrading Treatment), and Section 65 (Prohibition of acts prejudicial to public tranquility) of Chapter 2 (Offenses against Public Tranquility) of the Criminal Code, 2017.
According to FF’s previous update, Singh was presented before the Kathmandu District Administration Office on August 28. At that time, the administration issued an order to keep him in custody for 10 days for investigation. Thereafter, police submitted the charge sheet at the District Attorney’s Office after the investigation, according to media reports. Singh was rearrested after an order from the District Attorney’s Office.
Singh was presented at the court for his statement on October 19.
As FF was calling for the immediate release of the comedian, news emerged that the court had granted him bail over a court guarantee of 2.5 lakhs on October 20.
FF is concerned by the steps taken by the Nepal Police and the District Attorney’s Office to muzzle the artistic freedom of a comedian. The malicious prosecution based on an overbroad interpretation of the law has resulted in a punishing through-the-process effect on the comedian. FF is concerned that these forms of prosecution will result in a chilling effect on the exercise of the right to freedom of expression. Further, FF requests a sensitivity towards civil liberties among the law-enforcing agencies so as to respect the democratic spirit of the nation.
