News Summary
Reviewed and prepared.
- Attorney General Savita Bhandari approved the removal of organized crime and money laundering charges against Ravi Lamichhane in a cooperative fraud case.
- Senior advocate Dinesh Tripathi and others have filed petitions in the Supreme Court challenging the Attorney General’s decision, and the hearings have been ongoing for two days.
- If the Supreme Court upholds the decision, the organized crime and money laundering charges will be withdrawn, which could lift the suspension on Ravi Lamichhane’s position as a member of parliament.
March 16, Kathmandu – The Supreme Court has been hearing petitions for two days against the Attorney General’s ruling to amend the criminal cases filed against Ravi Lamichhane, chairperson of the Rastriya Swatantra Party.
Attorney General Savita Bhandari had approved the amendment that removes the charges of organized crime and money laundering in the cooperative fraud case against Lamichhane. The Supreme Court hearings are ongoing in response to objections to this decision.
Cases Filed in Five District Courts
Previously, the then-government filed cooperative fraud cases against Ravi Lamichhane in five district courts, alleging misuse of funds received from various cooperatives through Gorkha Media, where he served as managing director of Galaxy Television.
Among these cases, the Kaski District Court is handling charges of money laundering, while most other district courts, except Chitwan, have also charged him with organized crime.
Considering the potential impact of the money laundering allegations on Lamichhane’s ability to hold public office, the Attorney General decided to amend the cases pending in these courts.
Key Points of the Attorney General’s Decision
The decision made by Attorney General Bhandari on January 16, 2023, was primarily based on petitions filed in the Kathmandu, Rupandehi, and Kaski district courts. Ravi Lamichhane had claimed that the cooperative fraud, organized crime, and money laundering cases were politically motivated acts of retaliation and requested the charges be amended.
On December 18, 2022, Narayan Bahadur Pahari, a saver at Supreme Cooperative in Rupandehi, submitted a petition stating that a complaint was filed without his written consent against Lamichhane, prompting the process of amending charges. The decision details cases registered at district courts in Chitwan, Kaski, Rupandehi, Kathmandu, and Parsa.
According to the decision, savers approached the Attorney General’s office emphasizing that their primary concern was the return of their savings, not the litigation against any particular individual. This feedback and discussions led to the charge amendment process.
Four Grounds for the Decision
First, the Attorney General prioritized the return of cooperative funds as the main basis for amending the charges. It was noted that if the organized crime and money laundering charges remained, the savers’ funds could not be returned promptly, underscoring the importance of addressing the refund process regardless of the accused’s guilt.
Second, discussions revealed some cooperatives had taken fraudulent loans and that some had invested funds into personal companies. Even if assets are recovered and refunds not made, the charges of organized crime and money laundering would block solutions.
Third, despite the Parliamentary Special Investigation Committee raising the issue, the repayment of savers’ funds was prioritized, leading to the conclusion that continued organized crime and money laundering charges would be meaningless.
The decision highlights that legal actions against those involved in illegal fund transfers from cooperatives will continue, and that, where possible, issues will be resolved through amended laws focusing on deposit refunds, protecting state responsibility and victims’ interests in a timely manner.
Fourth, according to Article 36 of the Code of Criminal Procedure, 2074 (2017), which allows amendment of charges, the Attorney General approved withdrawing organized crime and money laundering accusations, retaining only cooperative fraud charges.
Initially, the Attorney General’s January 14, 2023 decision stated that amendments applied only “in favor” of Ravi Lamichhane, but two days later, this phrase was removed, extending the amendment to all accused individuals.
What Are the Implications of the Decision?
Senior advocate Dinesh Tripathi, advocate Abhas Regmi, and youth leader Yubaraj Paudel have filed separate writ petitions in the Supreme Court challenging the Attorney General’s ruling. Hearings began last Sunday before a bench comprising Justices Sharanga Subedi and Sunil Kumar Pokharel.
The Supreme Court is expected to deliver a verdict soon, potentially within one to two days or by the end of this week at the latest.
If the Supreme Court upholds the Attorney General’s decision, all organized crime and money laundering charges against Ravi Lamichhane and his associates at Gorkha Media will be withdrawn.
Withdrawal of these charges will remove the suspension on Lamichhane’s parliamentary membership due to money laundering allegations and facilitate settlements with complainants in all five cases currently under consideration in district courts.
However, if the Supreme Court annuls the Attorney General’s decision, the cases will continue as originally filed, which could negatively affect Lamichhane’s activities as a member of parliament.
window.fbAsyncInit = function () {
FB.init({
appId: ‘280041239029772’,
xfbml: true,
version: ‘v2.7’
});
};
(function (d, s, id) {
var js, fjs = d.getElementsByTagName(s)[0];
if (d.getElementById(id)) {
return;
}
js = d.createElement(s);
js.id = id;
js.src = “https://connect.facebook.net/en_US/sdk.js”;
fjs.parentNode.insertBefore(js, fjs);
}(document, ‘script’, ‘facebook-jssdk’));
