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4 mins read

Who’s to Blame? The Debate Over Rabi Lamichhane’s Leaked Custody Picture

6 months ago
nicholas-bhusal
Image Source: eKantipur

A picture of Rabi Lamichhane lying under a blanket in a small room went viral on social media, raising questions about how a photo from police custody got leaked. The Home Minister, Ramesh Lekhak, has instructed the police chief to investigate the matter and hold the responsible officers accountable.

Dr. Nicholas Bhusal, who calls himself a social activist, claimed in a video that he took the photo. He clarified, “I didn’t enter the detention room to take the photo. I captured it from the CCTV footage in the presence of the police officers.” He added that all the officers were in the room at that time.

On Thursday, Bhusal admitted on Facebook that he took and posted the photo. He explained, “I had no bad intentions or plans to harm anyone. I went there to check on Rabi’s health and encourage him.” During a Facebook live, Bhusal revealed that the photo was taken on Saturday at 4 PM and posted on Tuesday. He admitted to capturing the photo from a CCTV screen in the police control room after visiting Rabi in custody. Bhusal expressed regret for sharing the image and said he was ready to face the consequences. “The police didn’t release the photo; I did. I didn’t do it to make it go viral but to show his situation,” he stated.

Since Rabi’s detention in Kaski, the police have restricted visitors from bringing mobile phones into the premises. However, Bhusal claimed that his phone was not confiscated, and he took the picture in the presence of the police. He argued that the police should have CCTV footage showing him taking the photo. After the image went viral, Bhusal deleted the post from his Facebook.

Deepak Bohora, a member of Rabi Lamichhane’s political party, blamed the police for the leak in his Facebook post. He questioned, “Who took the screenshot of the CCTV footage showing Rabi sleeping in custody, and why? What was the purpose? If justice still exists, someone must be held accountable for this.”

DSP Basanta Kumar Sharma from Kaski police stated that an investigation is underway. Initial findings suggest that Bhusal released the image, but further investigations will clarify everything. Sharma mentioned that several legal provisions might apply to this case. However, Bhusal denied directly meeting Rabi on that day, stating, “I went to visit him but did not meet him.”

Senior Advocate Surendra Thapa Magar explained that Nepal’s laws prohibit unauthorized access or sharing of private information through electronic means. Violating this law can result in up to two years in prison, a fine of 20,000 rupees, or both. Additionally, publishing such photos may breach the Privacy Act of 2018 and the Electronic Transactions Act.

Former DIG Hemant Malla emphasized that leaking photos from detention compromises security. He explained, “It could create issues by showing VIPs receiving special treatment, affecting the morale of ordinary detainees. In some cases, it may even interfere with investigations.” He also noted that visits from former ministers and prime ministers to detainees can sometimes hinder investigations.