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SC seeks additional evidence after OAG withdraws charges against Lamichhane

A joint bench of Justices Dr Manoj Kumar Sharma and Shrikant Paudel issued the directive following a hearing on Sunday.
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By Ujjwal Satyal

KATHMANDU, Jan 26: The Supreme Court has ordered the Office of the Attorney General (OAG) to submit additional evidence and documents reportedly discovered in cases involving Rabi Lamichhane, chairman of the Rastriya Swatantra Party (RSP), related to money laundering and organised crime.



A joint bench of Justices Dr Manoj Kumar Sharma and Shrikant Paudel issued the directive following a hearing on Sunday.


During the hearing, Attorney General Sabita Bhandari Baral informed the court that new evidence had surfaced after charges were filed against Lamichhane. The court stated that it would decide whether to issue any interim order only after examining the additional documents to be submitted by the OAG.


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The order comes in response to multiple writ petitions challenging controversial decisions taken by the OAG on January 14. Lamichhane and 43 others had been charged with money laundering and organised crime in connection with alleged cooperative fraud linked to Gorkha Media. The cases were registered at district courts in Kathmandu, Kaski, Rupandehi, Parsa and Chitwan.


However, on January 14, the OAG withdrew the money laundering and organised crime charges against Lamichhane and later extended similar relief to at least 50 other defendants. Among those granted relief was high-profile fugitive Gitendra Babu Rai, also known as GB Rai, against whom Interpol has issued a Red Notice.


The OAG subsequently issued directives to subordinate government attorneys to amend the charge sheets accordingly.


Petitioners, including senior advocate Dinesh Tripathi, Ayush Badal and Yubaraj Safal, argued that charges related to money laundering and organised crime cannot be withdrawn under the pretext of amending charge sheets. They contended that the OAG’s decision undermines the rule of law and warned that it could create judicial disorder, damage Nepal’s international standing while the country remains on the Financial Action Task Force’s grey list, and promote impunity by politicising criminal cases.


The Nepal Bar Association (NBA) has also criticised the decision, urging the OAG to revoke it and warning that selective withdrawal of cases threatens judicial independence and weakens the criminal justice system.

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