Kathmandu — The Supreme Court on Monday did not hear a writ petition challenging the decision of the Office of the Attorney General to amend and withdraw money laundering and organized crime charges against Rastriya Swatantra Party (RSP) Chairperson Rabi Lamichhane. The petition was placed on the court’s “not heard” list due to time constraints.
The writ was scheduled to be heard by a joint bench of Justices Nahakul Subedi and Abdul Aziz Musalman, but the court was unable to take up the case on Monday.
The petition was filed by Yubaraj Poudel (Safal), advocate Abhash Regmi, several law students, and senior advocate Dinesh Tripathi. The petitioners argue that the decision by the Office of the Attorney General to revise and withdraw the money laundering and organized crime charges against Lamichhane is unlawful.
Attorney General Sabita Bhandari had approved the amendment and withdrawal of the charges on Poush 30. According to the decision, the case must be presented before the concerned district courts with the revised charges.
However, since the writ petition challenging the decision is currently under consideration at the Supreme Court, the Kaski District Court and the Rupandehi District Court have not issued any decision on the matter. The courts are expected to proceed only after the Supreme Court delivers its ruling.
Petitioners Claim Decision Could Weaken Serious Criminal Cases
The petitioners have alleged that the Office of the Attorney General is attempting to weaken cases related to serious crimes. They have requested the Supreme Court to issue a mandamus order instructing the office not to take actions that could undermine such cases.
The petition states that Lamichhane faces serious allegations related to the misuse of depositors’ funds from a cooperative, along with charges linked to organized crime and money laundering. According to the petitioners, revising and withdrawing such charges would be contrary to the principles of law and justice.
The petition also seeks an interim order to halt the implementation of the decision until a final ruling is issued.
Earlier, Lamichhane had filed an application at the Office of the Attorney General requesting the amendment of the charges of money laundering and organized crime filed against him. He argued that the prosecution was politically motivated and filed with the intention of retaliation.
Based on this application, the Office of the Attorney General approved the amendment of the charges.
Legal Provisions and Cooperative Fraud Case Background
Under Section 36 of the National Criminal Procedure Code, 2017, charges in a case already filed in court can be amended if new evidence or circumstances justify a revision. In such situations, the government attorney may submit a request to the court with the approval of the Attorney General.
Lamichhane’s case is also connected to the cooperative fraud investigation. In the Suryadarshan Cooperative fraud case in Kaski, charges of fraud, organized crime, and money laundering were filed against him.
In a related development, the Butwal bench of the High Court had earlier ordered Lamichhane to be released on bail in the Supreme Cooperative fraud case on Poush 3. The bench of Justices Basudev Acharya and Tejnarayan Poudel issued the order with five conditions.
Previously, the Rupandehi District Court had ordered Lamichhane to deposit bail of 10 million rupees. However, Lamichhane was released on Poush 4 after submitting a total of 37.4 million rupees, including a bank guarantee.
During the investigation into the Suryadarshan Cooperative case in Kaski, prosecutors filed a separate money laundering charge against Lamichhane, claiming damages amounting to approximately 278.9 million rupees. Charges of organized crime and fraud were also registered in the case, and the legal process is ongoing in various courts.
