Rastriya Swatantra Party (RSP) President Rabi Lamichhane has submitted an application to the Office of the Attorney General requesting the withdrawal of charges related to money laundering and organized crime.
He has asked that the government withdraw the charges related to money laundering and organized crime filed against him by the government attorney’s office.
According to Attorney General Sabita Bhandari, Lamichhane had submitted the application while he was still in custody.
“While he was still in prison, an application was filed requesting the withdrawal of charges related to money laundering and organized crime filed against him,” she said. “The attorney general cannot directly act on this application at the outset. The authority to decide whether to proceed or not lies with the government attorney who filed the case. We have forwarded it saying such an application has been received.”
Section 36 of the National Criminal Procedure Code, 2017, provides that if additional evidence is discovered in a case already filed in court, and it appears necessary to alter the charges filed previously in that case, the government attorney concerned may, with the approval of the attorney general, apply to the court for alterations in the charge sheet. If such an application is filed and the court finds it reasonable, the court may order the alteration of the charges.
Achyut Neupane, spokesperson for the Office of the Attorney General, said that the accused may also submit an application seeking the implementation of this legal provision.
“Any person has the right to submit an application saying injustice has been done to them,” he said. “Under Section 36 of the Criminal Procedure Code, the authority to decide whether or not to file an application for amendment of charges lies with the district government attorney.”
Cases of cooperative fraud have been filed against Lamichhane in courts in Kaski, Chitwan, Kathmandu, Rupandehi, and Parsa districts.
In addition to cooperative fraud, a case was filed in Kaski alleging that the Surya Darshan Cooperative fraud was committed in an organized manner. A money laundering case was also filed there. Lamichhane has submitted the application seeking amendment of the charges related to cooperative fraud as well as money laundering and organized crime.
On December 18, the Tulsipur High Court’s Butwal bench ordered Lamichhane to be released on bail equivalent to the amount claimed in damages against him in the Supreme Cooperative fraud case.
A bench of Judges Basudev Acharya and Tej Narayan Paudel ordered his release subject to five conditions.
