KATHMANDU, May 19: The police are currently investigating the offenses of 'organized crime' in the fake Bhutanese refugee scam.
Initially, the police, who started investigating the crime related to fraud, sought permission from the District Court Kathmandu to investigate organized crime after finding that a fraud gang was operating in a planned manner with the involvement of many high profile people in this case. After the court gave its permission, the investigation so far is being conducted in the context of organized crime.
Based on the facts that are being revealed in the investigation, this case does not seem to be limited to fraud and organized crime. According to investigating officers, five more offenses may be drawn against those found involved in this case.
It has been seen that those arrested so far could be prosecuted for offenses related to fraud, organized crime, treason and forgery by the District Government Attorney Office, Kathmandu. Similarly, in this case, it is spotted that the offense according to the Prevention of Corruption Act, 2059 is also charged. Experts say that there is a provision that the file can be sent to the Commission for the Investigation of Abuse of Authority (CIAA) for investigation. The CIAA can investigate and prosecute the case through the Special Court.
Achyut Mani Neupane, chief of the District Government Attorney Office, Kathmandu, says that there is a situation where the case can be prosecuted for all five offenses against those found guilty in this case.
“Until now, we have not received the investigation report. After receiving and studying it in detail, we will come to a decision on which case to prosecute,” he said, “So far, we have seen that up to five offenses are highlighted. In four of them, there is a situation where we can prosecute and file a case.” Neupane said that the criminal case to be prosecuted will be determined by the report submitted by the police.
The National Criminal Procedure (Code) Act, 2074 has provided rights to the police to investigate offenses of a criminal nature. The police have to submit a report with opinion to the District Government Attorney Office containing the facts found during the investigation.
According to Section 31(1) of the National Criminal Procedure(Code) Act, 2074, after the completion of the investigation, the investigation officer (police) must send an investigation report with evidence to the relevant District Government Attorney Office to find out which law should be used to punish according to sufficient evidence to prosecute those suspected of committing a crime.
Judge Neupane’s bench to hear fake Bhutanese refugee case
The District Government Attorney Office is required to initiate legal proceedings against the accused at the court based on the offenses committed by the accused as documented in the police report and supported by the legal opinion.
Accused and legal system
As part of the case of the fake Bhutanese refugee scam, the police started an investigation into the offense of fraud. The District Government Attorney’s Office has said that the accused will be facing this very charge at first.
Chapter 21 of the National Criminal Code Act, 2074 provides for offenses related to fraud, criminal treachery and criminal gain (extortion).
Section 249(2) states that anyone who has confided something to someone, does not act accordingly or does or refrains from doing any act by cheating, lying or in any other way, dishonestly causes any kind of harm, loss or damage to such person or any other person or to himself, it is mentioned that if he receives any benefit for someone else, he is considered to have cheated.
It has been found that the members of the gang extorted Rs 0.5 million to Rs 5 million from different people, showing the temptation to send them to America as fake Bhutanese refugees. That is why the chief of the District Government Attorney Office, Neupane says that fraud-related offenses may have been committed too in this case. According to the Criminal Code, a person who commits a fraud-related offense of this nature shall be punished with imprisonment of up to seven years and a fine of up to Rs 70,000.
Similarly, organized crime-related crimes that the police are investigating are regulated in the Organized Crime Prevention Act 2070. Section 3(2) of this act stipulates that a person who knowingly commits a serious crime for the benefit of a criminal group, under the direction of a criminal group, on behalf of a criminal group, in association with a criminal group or as a principle perpetrator or member of a criminal group is considered to have committed an organized crime.
1. Offenses related to fraud
2. Organized crime
3. Criminal Treason
4. Forgery
5. Corruption offense
Similarly, the District Government Attorney Office can also prosecute the person accused of involvement in this case for treason.
“There is international interest in the case of the fake Bhutanese refugee scam. So, there is a discussion carried out about making fake Bhutanese refugees and sending them to a third country, which will damage Nepal's reputation in the eyes of the world, which is also true,” said chief of the District Government Attorney Office, Neupane.
Schedule1 of the National Criminal Code, 2074, provides provision for treason. Under Section 51, sub-section 2 (a) mentions about the activities that insult, incite or spread hatred or malice against Nepal's independence, sovereignty, geographical or territorial integrity, nationality, independence, self-respect or Nepal's international image are considered as offenses related to criminal treason. A person who commits such an offense is liable to imprisonment for up to five years and a fine of up to Rs 50,000.
Similarly, in this case, it has been found that the report prepared by the task force led by former joint secretary Bal Krishna Panthi was tampered with and a fake report was prepared. Sources claimed that the investigation by the police has shown that the staff of the Ministry of Home Affairs to the people on leadership were involved in the act. Therefore, the District Government Attorney Office has stated that there is a situation in which the offense related to forgery in Chapter 25 of the Criminal Code may also be charged in this case.
Section 276 under this chapter has a provision of 'not to be employed'. In sub-section (2) of this section, it is mentioned that if anyone creates any false document or false electronic record or false part or part of the document or electronic record with the intention of causing any harm, loss or damage to the general public or anyone or to provide any benefit to himself or anyone, he shall be deemed to have done so. A person who commits such an offense is imprisoned for up to seven years and fined up to Rs 70,000.
In addition, in this case, high-profile people have also been arrested for accepting bribes to play a role in facilitating the sending of Nepalis who were collected by the gang to the United States as fake Bhutanese refugees.
Police sources claim that evidence of taking bribes worth millions of rupees has been found for playing a role in getting work done. In the Prevention of Corruption Act, there is a provision to punish those who take bribes. There is a provision of imprisonment for three months to those who take a bribe up to Rs 25,000, ranging from eight years to 10 years for those who take a bribe worth millions of rupees. There is also a provision to confiscate the bribe money.
Neupane, the chief of the District Government Attorney Office, says that he is ready to file the charge-sheet such that the accused get the maximum punishment.
“Based on the investigation report of the police, we are ready to file a charge-sheet demanding maximum punishment,” He said, “If there is a necessary condition to send a file of the charge-sheet to any other agency outside of our jurisdiction, we also send the file to prosecute the crimes related to it.”
