Journalist Kishore Shrestha, editor-in-chief of Janaastha Weekly, was taken to the Nepal Police Cyber Bureau, Nepal’s cybercrime investigation branch, for questioning on Saturday morning. A team from the bureau arrived at Shrestha’s residence in Nakhkhu, Lalitpur, to bring him to their office in Bhotehity, Kathmandu.
The move follows a complaint filed by Himesh Pant, a central member of the Rastriya Swatantra Party (RSP) and a comedian, on Friday. Pant alleged that a news report published in Janaastha Weekly defamed him and assassinated his character.
Speaking briefly to journalists, Shrestha confirmed that police had brought him from his home and that he would present his side during the discussion. “I came with them. Now there will be a discussion, and I will state my case,” he said.
According to Deepak Raj Awasthi, spokesperson for the Cyber Bureau, Shrestha was not arrested but was called in for a discussion. Himesh Pant was also on his way to the Cyber Bureau, with the bureau preparing to facilitate a joint discussion between both parties. Shrestha has also filed a complaint against Pant at the Cyber Bureau.
Allegations and legal framework
Himesh Pant’s complaint stems from a Janaastha Weekly report accusing his family of illegally seizing 4.5 ropani of land belonging to Tilak Prasad Bidari in Thakre Rural Municipality-10, Dhading. The specific allegations in Shrestha’s complaint against Pant are not yet clear.
Nepal’s primary law addressing cybercrime is the Electronic Transactions Act, 2063, supported by the Muluki Criminal Code, 2074, and the Individual Privacy Act, 2075. Section 47 of the Electronic Transactions Act, 2063, stipulates a penalty of up to five years imprisonment and a fine of up to Rs 100,000 for publishing unlawful content.
Furthermore, Section 307 of the Muluki Criminal Code, 2074, provides for up to two years imprisonment or a fine of up to Rs 20,000, or both, for defamation. If defamation occurs through electronic means, an additional one-year imprisonment and a fine of up to Rs 10,000 may be imposed.
Previous incidents and future steps
This is not the first time journalist Kishore Shrestha has been taken into custody. Previously, on Shrawan 27, Kathmandu Police Range had detained him. During that incident, police searched his residence and seized electronic devices, including his laptop and computer. He was released from custody on Bhadra 1 after the Supreme Court issued a mandamus order to release him on bail or attendance and proceed with the investigation.
The Cyber Bureau plans to hold a joint discussion with both Himesh Pant and Kishore Shrestha. The Nepal Police is also developing a mechanism to collaborate with Nepal Rastra Bank, the central bank, commercial banks, development banks, finance companies, large payment system operators and service providers, internet service providers, and telecommunication companies to combat cyber fraud starting from Mangsir.
