The Patan High Court has refused to release Bechan Jha who is in judicial custody for investigation in the fake Bhutanese refugees scam.
The Kathmandu District Court had sent Jha to judicial custody in the case of fraud, forging records, offense against the state, and organized crime.
The Patan High Court has also endorsed the Kathmandu District Court’s order to send Prateek Thapa, son of CPN-UML Vice-chair Ram Bahadur Thapa, to judicial custody in the same case.
The bench of Judges Anju Uprety Dhakal and Kailash Prasad Subedi on Thursday ordered to keep Jha and Thapa in judicial custody, according to Communications Officer with the Patan High Court Arjun Prasad Acharya.
Police had arrested Jha on June 28.
Another defendant in the case of fake Bhutanese refugees Ram Sharan KC had submitted video and audio records of what he claims is his conversation with Jha to the police. Jha had claimed that the voice on the record is not his, he did not recognize the persons on the video and was ready for test of the audio.
KC had claimed that the main accused in the case Sanu Bhandari asked him to hand over a check of Rs 20 million to Jha saying Jha demanded the amount to get the Cabinet to take a decision to facilitate sending of Nepalis to America as Bhutanese refugees.
KC had added he again talked with Jha to ask whether the Cabinet took the decision or not. He had also submitted an audio recording of that conversation.
Jha had been claiming that he was not involved in the fake Bhutanese refugees scam and knew nothing about the issue. He had also claimed that he did not know Tek Narayan Pandey, Shyam Krishna Shrestha, Hari Bhakta Maharjan and others accused in the case. He had argued that he had nothing to do with what others have said in their statements.
The police had initially made 30 defendants in the case including Nepali Congress (NC) central member and former home minister Bal Krishna Khand and CPN-UML leader Top Bahadur Rayamajhi.
The bench of Judge Krishna Ram Koirala on December 14, 2023 had ordered the release of Khand on a bail of Rs 3 million.
The bench had also ordered the release of exiled pro-democracy Bhutanese leader Tek Nath Rizal on a bail of Rs 1.50 million, son of CPN-UML leader Top Bahadur Rayamajhi, Sandip, on bail of Rs 3 million, president of Nepal Hajj Committee Shamsher Miya Rs 1 million, Khand’s personal secretary Narendra KC Rs 1 million, and Hari Bhakta Maharjan and Ram Sharan KC Rs 1.50 million each.
The bench had ordered that UML leader Top Bahadur Rayamajhi, former secretary Tek Narayan Pandey, Sanu Bhandari, Keshav Dulal, Indrajit Rai, Sagar Rai, Govinda Kumar Chaudhary, Sandesh Sharma and Ang Tawa Sherpa be kept in judicial custody until the Kathmandu District Court issues a verdict in the case.
The District Government Attorney’s Office (DGAO), Kathmandu, has made 30 individuals defendants in the case. The DGAO had filed cases of fraud, organized crime, forgery and offense against the state against them on May 24, 2023 on the basis of the investigation report submitted by the police.
The Kathmandu District Court on June 16, 2023 had ordered to send 17 of them to judicial custody and released three on bail.
The 20 defendants had then moved the Patan High Court against the Kathmandu District Court’s order.
The Patan High Court hearing the appeal of 20 defendants had then ordered release of several accused including Khand