KATHMANDU: The detention of former Chief Justice Cholendra Shumsher Rana by police at midnight has sparked legal concerns.

While police cited security threats as the reason for taking Rana into custody and holding him at the Teku police office, legal experts have questioned the procedure, noting that security at his residence could have been increased instead of taking him into custody without an arrest warrant.

Constitutional expert and senior advocate Dr. Bhimarjun Acharya stated that detaining a former chief justice in such a manner is an insult to the nation. ‘The first thing is that arresting a former chief justice like this is a humiliation to the nation,’ Acharya said. ‘Whether he was controversial or ambitious is a secondary matter, but one should not forget that he was the chief justice of this country.’

Constitutional expert and senior advocate Dr. Chandrakanta Gyawali also noted that the reasons for Rana’s detention remain unclear. He questioned why Rana was taken to the police office instead of increasing security at his home if there was indeed a threat. He emphasized that if an arrest was necessary, a formal arrest warrant should have been issued.

The Supreme Court previously provided clear guidelines regarding arrests during the case of former minister Deepak Khadka. On May 16, 2026, a joint bench of Acting Chief Justice Sapana Pradhan Malla and Justice Shrikanta Paudel issued a habeas corpus order, ruling that the ‘proper method and procedure’ were not followed during Khadka’s detention. According to the Criminal Procedure Rules, an ‘urgent arrest warrant’ can only be issued if there is a risk of evidence being destroyed, the suspect fleeing, or the commission of a major crime. The court held that detaining an individual without identifying a specific offense is not justifiable.