Multiple writ petitions filed at SC challenging OAG decision to withdraw criminal offenses against Lamichhane

KATHMANDU, Jan 19: Three separate writ petitions have been filed at the Supreme Court (SC) challenging a decision taken by the Office of the Attorney General (OAG) to withdraw chargesheets regarding money laundering and organized crime linked to Chairman of Rastriya Swatantra Party (RSP) Rabi Lamichhane and 43 others in cooperative fraud cases.

Attorney General Sabita Bhandari last Wednesday made a controversial decision to amend chargesheets filed against the accused related to Gorkha Media, who had allegedly embezzled money from different co-operatives. This allowed district attorneys in five districts– Kaski, Kathmandu, Rupandehi, Parsa and Chitwan– to withdraw these two particular charges Rabi and other offenders were facing.

Bhandari said the decision was made in accordance with Section 36 of the Criminal Code Act, which allows amendment to a charge sheet when new evidence emerges in any particular case.

However, petitioners, who filed writ against the AG’s decision, argued that charges related to money laundering and organised crime cannot be withdrawn under the guise of “amending” charge sheets. They also said that since no new evidence that supported Lamichhane in the cases were presented, issuing such a circular was undermining the rule of law by the person of the stature of government attorney. The petitions were filed by Senior Advocate Dinesh Tripathi and Ayush Badal, along with four other law practitioners as well as Yubaraj Safal.

The controversy stems from the Attorney General’s first decision on January 14 to withdraw money laundering and organised crime charges against Lamichhane. After that, many people who were behind bars until in the same case also demanded to be freed.

On January 16, Attorney General Bhandari extended the same relief to at least 50 other defendants. Many of those who were cleared of the charges were either in custody or absconding. Among them is Gitendra Babu Rai, popularly known as GB Rai, against whom an Interpol Red Notice has been issued.

Petitioners argue that allowing the AG to amend chargesheets would create judicial disorder and undermine fair justice. They also argued that such an act will hamper the country’s reputation at a time when Nepal remains on the Financial Action Task Force’s grey list for international money-laundering. The writ petitions have claimed the decision reflects malafide intent as no new evidence has emerged to justify dropping serious charges.

Meanwhile, Nepal Bar Association (NBA) has strongly condemned the decision urging the OAG to revoke the decision. It has said that the decision is against existing laws and SC precedents.

The NBA warned that selective withdrawal of cases threatens judicial independence, weakens the criminal justice system and promotes impunity by politicising crime and criminalising politics.

With the Attorney General’s decision, chargesheets related to organised crime and money laundering registered in Kaski, Rupandehi and Kathmandu districts were withdrawn.

These include high-profile cooperative fraud cases involving Lamichhane, former DIG Chhabilal Joshi, GB Rai and several other accused across multiple cooperatives including Surya Darshan, Swarna Laxmi and Supreme Savings and Credit Cooperatives.