Those wondering what will happen to the case of the beleaguered former home minister and Rastriya Swatantra Party Chairman Rabi Lamichhane, who is currently in judicial custody in Kaski, will have to wait until Sunday (Dec22). On Friday (Dec20), the latest four-day extension of Lamichhane’s judicial custody will expire and he will have to be brought before the court for further proceedings. However, as the next day is Saturday, a public holiday, the police will be able to present Lamichhane to the court only on Sunday. Also, the District Government Attorney’s Office (DGAO), Kaski, is expected to file a charge-sheet against 51 accused in the case, including Lamichhane, unless it seeks more time to study the investigation report, including evidence, submitted by the Kaski police.
A popular media personality, Lamichhane created history when he had his name engraved in the prestigious Guinness World Records in the year 2013. He achieved this wonderful feat by hosting an extremely exhausting and tiresome 60-hour nonstop television interview on News 24 Television, which is a landmark in the broadcasting world. However, in recent times, Lamichhane finds himself deeply embroiled in serious and troubling legal difficulties that could have major implications for him.
Widely renowned for his exceptional ability to argue persuasively on virtually any subject matter, Lamichhane made a significant transition from his successful media career to the realm of politics. Nevertheless, it seems that his political career now faces a precarious and challenging test, putting his future in this new field at risk. For the last two months, he has been in police custody, facing grave accusations about his alleged involvement in a fraud scheme in multi-millions of rupees that is intricately linked with the cooperative funds used to operate the now-defunct Galaxy 4K TV. His major dual role of managing director and shareholder of the television network directly links him to the accusations brought against him.
Lamichhane currently faces serious charges that include cooperative fraud, organized crime, and money laundering, all mainly associated with his heavy involvement as both a shareholder and managing director of Galaxy 4K TV. In this elaborate scheme, the GB Rai group is said to have illegally funneled loans that were obtained through improper means, using cooperatives as a mechanism to provide financial support for the operations of the television station.
“We trust journalist Rabi Lamichhane but not Home Minister Rabi...
On Monday (Dec 16), police made a major move and sent a comprehensive and detailed investigation report to the Kaski DGAO. The report contains serious allegations linking Lamichhane along with 51 others in an immense fraud case that's deeply connected with the Surya Darshan Cooperative, in the lake city of Pokhara. In the wake of that, prosecutors are actively making plans to file the case in the Kaski District Court within this week, indicating that court procedures are likely to catch momentum. Meanwhile, Lamichhane has kept challenging the legitimacy of evidence against him time and again amidst the unfolding situation and raised very critical questions about what valid grounds there are for his extended detention.
During the court proceedings, Lamichhane has been pleading and arguing with full force against the very foundation of his detention. "I have been in custody for several weeks now, during which I have been fully cooperating with the investigators involved in this matter. What particular evidence could possibly have been destroyed if I hadn't been detained in the first place? What vital and crucial documents would have potentially gone missing had I not been taken into custody? Arresting me should have resulted in yielding some form of tangible proof—so show me something concrete that proves the allegations, and only then will I feel satisfied," Lamichhane is said to have told both the police and the court.
Despite the many protests he has made, police investigations have revealed an incriminating picture in which investigators have firmly asserted that the evidence of Lamichhane's involvement in the case is clear and undeniable. They claim that a substantial sum of Rs 7.5 million was illicitly funneled into his account at Global IME Bank through the intermediary GB Rai, and an additional amount of Rs 5 million was subsequently transferred from Surya Darshan Cooperative to Gorkha Media Network, where it should be underlined that Lamichhane held both the positions of shareholder and managing director. The police have accused him of misappropriating a large sum of Rs 261.44 million throughout his tenure in office; this misappropriation is considered to be the sole reason for the overall loss, amounting to Rs 278.94 million pertaining to all depositors in total.
The confessional statements of other co-accused, such as former DIG Chhabilal Joshi, the then director at Gorkha Media Network, have pointed more fingers towards Lamichhane. Former DIG Joshi is said to have made a highly critical and damning statement that GB Rai was the one who orchestrated and managed the financial inflow while Rabi Lamichhane took responsibility for authorizing the various expenditures. "The transfer of funds from Surya Darshan Cooperative was in direct violation of established cooperative laws and principles, and it is important to note that both Gitendra Babu Rai and Rabi Lamichhane were completely aware of this situation and the implications it carried," media reports have quoted Joshi as telling the investigators.
This situation has become much more controversial with the recent revelations that Rabi Lamichhane, along with his wife Nikita Poudel, has managed financial transactions amounting to an impressive total of Rs 290 million across a substantial number of 17 different bank accounts –three accounts belonging to Rabi, 13 to Nikita and one joint account - since the year 2016. According to the findings reported by investigators, there have been deposits amounting to Rs 289.1 million in total and withdrawals that sum up to Rs 290.7 million throughout this period of time. On the heels of these startling revelations, Poudel strongly rejected the serious accusations made against them, stating it is a "media trial" without credible substantiation. She further emphasized the point that their house, which is valued at Rs 40 million, is still currently under the burden of installment payments.
As the legal case progresses and unravels further with more detail, Lamichhane faces the harsh reality of severe punishment that could affect his future. Possible penalties range from huge monetary fines, restitution of funds embezzled to the depositors, and prison time pending his conviction regarding the case filed against him. In such a situation, in which the reputation of both his political and personal freedom are at stake, it is fitting to notice that the result of this particularly high-profile legal battle will indeed be decided by the proof presented before the court of law in the due process of trial and the pronouncement of the final sentence.
But the dragging and intensifying case means Lamichhane’s future now hangs precariously, therefore uncertain. If convicted at last, he could be looking at a number of hard-hitting consequences-a life full of hefty fines that dent his financial stability, payment of restitution to cover an amount of money that would amount to paying back money with interest wrongfully taken, and, importantly, imprisonment that will absolutely change his life.
Lamichhane has already spent more than 60 days in judicial custody. The police have completed their investigation against him and even submitted the report to the DGAO, which is expected to file a case against the accused, including Lamichhane. This raises some natural questions: will the court release him on bail or will he continue to languish in police custody?
Next Sunday, perhaps, we will have answers to these questions.
