close

Journalist Khem Bhandari Arrested Following High Court Verdict in Defamation Case

Techpana Techpana

असार १८, २०८३ १२:४६

Journalist Khem Bhandari Arrested Following High Court Verdict in Defamation Case

 

Kathmandu. Journalist Khem Bhandari of Kanchanpur has been arrested after the implementation of a High Court verdict that found him guilty of defaming an individual through social media posts linked to the investigation into the rape and murder of Nirmala Panta.

According to Kanchanpur Police, Bhandari was taken into custody on Thursday to enforce the ruling of the High Court Dipayal, Mahendranagar Bench. The verdict is regarded as a significant legal precedent on online defamation in Nepal, particularly concerning content published on social media under the guise of journalism.

High Court Enhanced Sentence

A joint bench of High Court judges Shyamji Pradhan and Govinda Joshi, in their decision issued on April 5, 2026, partially overturned an earlier ruling by the Kanchanpur District Court by imposing additional punishment on Bhandari.

Earlier, on May 15, 2025, the Kanchanpur District Court had convicted Bhandari under Sections 306(1) and 306(2) of the Muluki Criminal Code, 2074, for verbal insult. The court sentenced him to one month in prison, imposed a fine of Rs 10,000, and ordered him to pay Rs 100,000 in compensation to the victim, Kiran Raj Bista.

As both parties challenged the verdict, the case reached the High Court, which ruled that the offense had been committed through electronic media, including Facebook, making Bhandari liable for additional punishment under the restrictive provision of Section 307(1) of the Criminal Code.

The High Court added seven days to his prison sentence and imposed an additional fine of Rs 2,100. As a result, Bhandari now faces a total sentence of one month and seven days in jail, a fine of Rs 12,100, and compensation of Rs 100,000. 

Background of the Case

The case stems from a series of Facebook posts and online publications made by Bhandari during public discussions surrounding the 2018 rape and murder of Nirmala Panta.

According to the court, Bhandari repeatedly accused Kiran Raj Bista, the son of then-Kanchanpur Superintendent of Police Dilli Raj Bista, of involvement in the case without presenting any objective evidence. Kiran Raj Bista was not an accused in the investigation.

The court found that Bhandari published and shared a series of unverified claims through his personal Facebook account and the Facebook page and website of Manasakhanda Daily, portraying the victim as being linked to the crime despite the absence of any official investigation or complaint against him.

The verdict stated that such publications amounted to character assassination and exceeded the limits of responsible journalism and freedom of expression.

Court on Press Freedom

In its ruling, the High Court emphasized that constitutional protections for press freedom and freedom of expression do not extend to the dissemination of false or misleading information that damages an individual's reputation.

The court stated that news reporting must be based on verified facts and should not be used as a tool for character assassination through fiction, exaggeration, or unfounded allegations.

During the proceedings, Kiran Raj Bista told the court that the online allegations severely affected his personal life, forcing him to leave his accommodation, disrupting his college education, and causing significant mental and psychological distress.

पछिल्लो अध्यावधिक: असार १८, २०८३ १२:४६