Media Action Nepal concerned over court order against news portals, journalist’s arrest warrant
KATHMANDU | June 11: Media Action Nepal is deeply concerned over the short-term interim order issued by the Kathmandu District Court on June 10, directing Bizmandu and Nepal Khabar to delete published news stories and to cease further reporting on the matter. Also, the organization has strongly condemned an arrest warrant issued against senior journalist Dil Bhusan Pathak on the same day.
Purna Basnet, Editor-in-Chief of Nepal Khabar, called the court’s decision a violation of constitutional principles. “We will challenge this order on substance,” Basnet told Media Action Nepal. “The court summoned us for a hearing only after instructing us to delete our published stories, this is extremely puzzling. Our stories are based on ongoing investigations by the CIAA and other authorities into Santosh Narayan Shrestha. The case should have first gone to the Press Council Nepal, but instead the court has intervened, which is equally perplexing.”
Bizmandu Group Editor Om Thapa echoed similar concerns, stating that the outlet has no intention of removing the news. “We have published a series of reports on Santosh Narayan Shrestha, and I am still unclear on the nature of the objection. The court’s order is vague and confusing,” Thapa told Media Action Nepal. We await a final verdict and will act based on legal and editorial consultations, but this kind of directive is both unlawful and unconstitutional, he added.
Constitutional expert Advocate Bipin Adhikari emphasized that both cases reflect violations of press freedom guaranteed by the Constitution. Speaking to Media Action Nepal, he stated, “The court must show greater restraint in such situations. Bizmandu and Nepal Khabar are constitutionally entitled to publish information, provided it does not constitute contempt of court.”
Both cases reflect violations of press freedom guaranteed by the Constitution. The court must show greater restraint in such situations. Bizmandu and Nepal Khabar are constitutionally entitled to publish information, provided it does not constitute contempt of court.
On the warrant issued against journalist Dil Bhusan Pathak under the Electronic Transactions Act, Adhikari added, “This is a serious legal overreach. Even individuals connected to former prime ministers are subject to scrutiny. The media has every right to engage in fair criticism. This development represents a worrying attack on democratic values and constitutional freedoms.”
These incidents are not isolated. Previously, the Supreme Court sentenced journalists Nabin Dhungana and Yubraj Kandel to three months in prison for contempt of court, highlighting a troubling trend of judicial actions against the media.
Laxman Datt Pant, Founding Chair and Executive Director of Media Action Nepal, warned of the broader implications: “The short-term-order issued to Bizmandu and Nepal Khabar to remove their news content and halt further reporting mirror the problematic precedent.” Suppressing the dissemination of news without concrete evidence of falsehood is a direct violation of constitutional protections, he added.
Suppressing the dissemination of news without concrete evidence of falsehood is a direct violation of constitutional protections.
Pant further criticized the criminalization of journalism, stating, “In the name of democracy, authorities are becoming increasingly authoritarian. The arrest warrant against journalist Dil Bhusan Pathak, citing Section 47 of the Electronic Transactions Act, is a blatant attack on press freedom.” When allegations involve those in power or their relatives, accountability—not intimidation and legal harassment—must be the response, he said.