The four Nepalese nationals named above are currently in detention in India, and are facing imminent deportation to Nepal. Amnesty International fears that if they are forced to return, they could be at risk of torture.
The four were arrested by the Special Branch of the New Delhi Police at 5.30pm on 11 July. It is reported that they have been issued with "Quit India Notices", meaning that they will be deported to Nepal. They have reportedly been taken close to the border with Nepal in readiness for imminent deportation.
The four had reportedly been attending a meeting of the Akhil Bharatiya Nepali Ekta Samaj (India-Nepal People's Solidarity Organization), along with other human rights activists from India. This is a public forum which has been publicising human rights violations committed by Nepalese security forces personnel, in the context of the ongoing Maoist "People's War". The Indian and Nepalese authorities consider the organization to be sympathetic to the Communist Party of Nepal (CPN)(Maoist).
A habeas corpus petition, requiring the detainees to be brought before a judge or into court, has been filed on their behalf in the High Court in New Delhi. The High Court has ordered the Home Ministry and Police Commissioner, Delhi, to stay the deportation until Monday.
The four Nepalese named above, who were arrested in New Delhi by Special Branch police on 11 July, were reportedly deported to Nepal on 14 July. It is not known where they are currently detained and there are fears they may be subjected to torture or ill-treatment while in custody.
The four were reportedly taken to the Nepal-India border and handed over to Nepali security officials in Nepalgunj, Banke district. There are unconfirmed reports that they were transferred the same day by air to Kathmandu.
All four are suspected of being members of the Akhil Bharatiya Nepali Ekta Samaj (All India Nepalese Unity Society), which is banned under the Prevention of Terrorism Act in India. They had reportedly attended a meeting in New Delhi of the India-Nepal People's Solidarity Organization, a public forum which has been publicising human rights violations committed by the Nepalese security forces in the context of the ongoing Maoist "people's war" in Nepal. The authorities consider the activities of these organizations to be supporting the aims of the Communist Party of Nepal (CPN)(Maoist).
The four were deported before the hearing of a habeas corpus petition, filed on their behalf, had taken place. The hearing is now scheduled to take place on 22 July.
Partha Chettri, Maheshwar Dahal and Moti Prasad are reported to be detained at Bhadragol jail in the capital Kathmandu. They are said to be in good health. Amnesty International has so far not been able to confirm the current whereabouts of Aditi Shah.
The four were arrested in New Delhi, India on 11 July by Special Branch police, and were deported to Nepal on 14 July.
Moti Prasad is reported to remain held in Bhadragol jail. Partha Chhetri and Maheshwar Dahal were released on 21 March, 2003 on the order of the Supreme Court.The authorities have still not provided any information about the whereabouts or condition of Aditi Shah, more than nine months after she was handed over to Nepali authorities by the Indian authorities.
