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As legal concerns grow over the parliamentary status of National Independent Party Chairman Ravi Lamichhane, who faces charges related to money laundering, a senior official from the Parliamentary Secretariat has stated that the law does not prevent him from taking oath, but subsequent proceedings will follow legal protocols.
Lamichhane was suspended from his parliamentary seat in the previous House of Representatives due to ongoing cases involving cooperative fraud, organized crime, and money laundering.
Although the Attorney General’s Office, following the formation of the government led by Sushila Karki, had initiated the process to retract charges related to money laundering and organized crime against him, a writ petition filed has kept the matter under judicial consideration.
On Thursday, as Lamichhane takes oath as a newly elected representative from Chitwan-2, the Supreme Court may also hear the writ petition concerning this issue.
The newly elected members of the House are scheduled to take oath on Thursday.
“There is no law preventing the oath-taking; therefore, naturally, the oath will be administered,” said Padma Prasad Pandey, Secretary General of the Federal Parliament. “Decisions thereafter will be made according to the legal provisions, and we will consult accordingly.”
Legal expert Purnaman Shakya stated that there will be no issues until he takes the oath, but Lamichhane’s suspension will remain in effect afterward.
“Although he has been released from jail, the case remains active, so he will not be fully cleared,” Shakya noted. “Since he has been newly elected, he will officially become a parliamentarian only after taking the oath. Even then, his status will be that of a suspended member. Despite being an MP, he will not be authorized to perform parliamentary duties.”
When approached for comment, newly elected MP Deepak Bohara, considered close to Lamichhane, suggested contacting Lamichhane’s legal advisor Sushil Pant. Other MPs declined to comment on the matter.
Legal Provisions
Section 27 of the Money Laundering Prevention Act, 2064 (2007), stipulates an automatic suspension provision.
“Any office bearer, employee, or public servant of an established organized institution registered under the prevailing law shall be automatically suspended while in detention and during the period a case is registered under Section 22 of this Act,” the Act states.
Section 22 referenced here pertains specifically to money laundering cases.
Upon issuing Lamichhane’s suspension notice on December 23, 2024, the Federal Parliamentary Secretariat cited this legal provision as its basis.
“Lamichhane faces three cases related to cooperative funds, organized crime, and money laundering,” said legal expert Shakya. “The Attorney General’s Office’s decision to drop the organized crime and money laundering cases has not been accepted by the district judges. A writ has been filed against that decision, which is under consideration.”
“This clearly means his parliamentary seat is subject to automatic suspension.”
In conversation, Lamichhane’s lawyer Sushil Pant argued that the rules of the House of Representatives will be the final authority on members’ duties and that suspension does not apply if the MP is released from jail.
“Each House of Representatives adopts its own rules. The new House has not yet established rules. We believe the previous rules remain valid,” he said. “The rules stipulate suspension if a member has an ongoing case or is in jail, but if released from jail, the suspension is lifted.”
Some leaders of the National Independent Party interpret the lawsuits against Lamichhane as political retaliation, while others question the decision of the then Speaker, Devaraj Ghimire.
Ghimire, however, stated that Lamichhane’s suspension was due to legal provisions, not his own decision.
“The law is ambiguous and incomplete, so there were calls for suspension not to occur by the Speaker. However, with Parliament dissolved, the matter ended,” Ghimire said. “Now, even if charges are not proven, candidates are allowed to contest elections. Lamichhane ran and won. In my understanding, he can take oath, but until the law changes, suspension must continue.”
Response from the Parliamentary Secretariat
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Rojanath Pandey, Secretary of the Federal Parliament, responded that the issue will be processed only after receiving official information from relevant authorities.
“We do not have that information currently. Discussions will proceed only once we receive official notifications from bodies such as the Attorney General’s Office or the Police Headquarters,” he said.
“However, there is no dispute regarding the oath as previously MPs under imprisonment were brought and administered oath.”
When Lamichhane was previously suspended, the Parliamentary Secretariat had informed that supporting charge sheets from the Kaski District Government Attorney Office were received through the District Police Office (Crime Investigation and Action Branch).
Yet, legal expert Shakya stated, “The Parliamentary Secretariat can obtain information about ongoing cases against Lamichhane through public notifications.”
“This is an ‘automatic operation of law.’ Courts may also decide not to issue a suspension order.”
According to Nirajan Pandey, Deputy Spokesperson of the Supreme Court, the scheduled Thursday hearing on the writ petition against the Attorney General’s decision to withdraw the money laundering and organized crime cases against Lamichhane has been postponed.
The hearing had advanced on Monday before Judges Binod Sharma and Abdul Aziz Muslim.
“It appears that the hearing will continue before the same bench,” he said. “The hearing is scheduled for Thursday.”
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