A newly proposed rule in the draft of the House of Representatives’ procedural guidelines has sparked criticism for potentially protecting MPs facing corruption and money laundering charges from suspension. The draft, prepared by a committee led by Ganesh Parajuli of the Rastriya Swatantra Party and submitted to the Speaker, reportedly includes phrasing that places these guidelines above existing laws concerning MPs.
Rule 259 of the proposed guidelines states, “Regardless of any provisions in existing laws, this guideline shall operate as federal law concerning the House committees and members, applying as special legislation.” The guideline further clarifies that it will serve as a “special privilege of House members.” This provision has raised concerns, linking it to ongoing issues involving Rastriya Swatantra Party Chairperson Ravi Lamichhane, who is currently suspended.
Ganesh Parajuli, chair of the Procedural Committee, has clarified that the rule is not targeted at any individual. He commented, “Each of the state’s three branches has its jurisdiction. Article 104 of the Constitution grants the House the authority to formulate its own rules.” Legal experts, however, argue that this provision conflicts with laws related to money laundering, corruption prevention, and the Commission for the Investigation of Abuse of Authority, potentially undermining their effectiveness in addressing Lamichhane’s case.
According to Section 27 of the Money Laundering Prevention Act, 2064 (2007), public officials and employees charged with money laundering cases are subject to automatic suspension. Based on this provision, the Federal Parliament Secretariat issued a suspension notice for Rastriya Swatantra Party Chairperson Lamichhane on Poush 8, 2081 BS (December 23, 2024). Meanwhile, Rule 247 of the yet-to-be-approved draft guidelines specifies that any MP charged with a criminal offense punishable by three years or more in prison or involving moral turpitude and who is in custody for prosecution shall be suspended during that period.
