Author: space4knews

‘Issue Raised by Parliamentary Committee’

Documents and comments submitted from District Government Attorney Offices in Kathmandu, Rupandehi, Kaski, and others concerning cases for disposal indicate involvement of the Attorney General and Deputy Attorney General in the review process. Below are the key details presented:

1. Ravi Lamichhane filed petitions related to ongoing court cases against cooperative directors in various courts concerning embezzlement and misappropriation of cooperative funds.

Requests were made to this office on the dates of Mangsir 23, Poush 20, and Poush 23, 2082 BS, to register cases against him on charges of cooperative fraud, organized crime, and money laundering motivated by political retaliation.

Reviewing the comments and associated documents related to the petitions, the following facts emerge—

a) There have been complaints lodged at various times regarding the misappropriation of savings held in cooperative institutions.

Subsequently, a Special Parliamentary Investigation Committee was formed in 2081 BS, under the Federal Parliament, to identify cooperative problems, suggest remedies, and recommend action against individuals involved in embezzlement.

The committee conducted a detailed study concerning the transfer of funds from various cooperatives to companies and submitted an investigation report in 2081 BS.

The report states, ‘Although no documents confirm Ravi Lamichhane’s involvement in the process of funds moving from cooperatives to Gorkha Media Pvt. Ltd., his participation in the operational expenditure process of this media company is evident’ (Parliamentary Special Investigation Committee Report, page 449).

The Federal Parliament Secretariat forwarded the report to the Government of Nepal, which in turn submitted recommendations concerning the Home Ministry’s authority to implement the parliamentary committee’s suggestions based on Cabinet decisions.

b) Consistent with these decisions, the Home Ministry directed the Nepal Police Headquarters to take necessary action.

This letter includes instructions to implement the recommendations of the parliamentary committee’s report.

The Police Headquarters corresponded with relevant districts to enforce the suggestions, and investigations have proceeded accordingly.

c) Based on the parliamentary and local investigation reports, the Kaski District Court filed a case on Ashoj 18, 2081 BS, accusing misuse of savers’ funds.

Additional Name Added Through Fraudulent Complaint

Following the initial charges, as early investigations failed to yield evidence, a subsequent complaint was filed adding complainant Ravi Lamichhane’s name. Based on both the parliamentary report and the new complaint, additional illegal charges were added without further investigation.

On Poush 7, 2081 BS, supplementary charges of cooperative fraud, organized crime, and money laundering were included, leading to a supplementary indictment.

d) On Poush 21, 2081 BS, a charge was filed in Kathmandu District Court related to the misuse of funds of depositors from Swarnalaxmi Multipurpose Cooperative Institution.

e) On Baishakh 3, 2081 BS, Rupandehi District Court filed charges related to the embezzlement of savers’ funds from Supreme Savings and Credit Cooperative Institution.

In the above-mentioned cooperative fraud cases, additional charges of organized crime and money laundering were also filed through supplementary indictments.

f) On Magh 22, 2081 BS, a case was registered in Chitwan District Court for fraud involving misuse of depositor funds of Sahara Chitwan Multipurpose Cooperative Ltd., with the complainant also named as a defendant.

g) On Ashoj 23, 2080 BS, a case was filed in Parsa District Court accusing misuse of funds from Sano Paila Savings and Credit Cooperative Ltd.

Subsequently, on Falgun 2, 2080 BS, an organized crime charge was added.

On Jestha 29, 2082 BS, individuals who were neither committee members nor cooperative affiliates were also named as defendants, with added charges of cooperative fraud and organized crime, resulting in a supplementary indictment.

Complaint from Narayan Bahadur Pahrai

Overall, cases center on misappropriation of savers’ funds in these cooperatives.

2) On Poush 3, 2082 BS, Narayan Bahadur Pahrai, a depositor from Supreme Cooperative in Rupandehi, submitted a notarized self-declaration with a petition stating that his original complaint was filed differently and challenged the manner in which his case was registered, but the court refused to register it, sending the documents via mail.

His letter states –

‘I have not filed any complaint outside the cooperative. Ravi Lamichhane did not mislead me to save money in the cooperative. It is inappropriate to file a complaint against those not responsible for the misuse of my savings. The complaint registered against me is entirely fabricated. My original complaint dates to Ashoj 4, 2081 BS.’

This self-declaration was notarized and submitted to the investigating officer and suggests conditions that differ from the prosecution’s narrative. The complainant’s self-declaration merits serious consideration.

Priority on Recovery of Savings

3) The initial cases all originated from the Special Parliamentary Investigation Committee, which clarified that Ravi Lamichhane had no involvement.

The committee recommended holding all concerned parties legally accountable for illegally taking or spending cooperative funds.

Upon the proper transfer of cooperative funds to companies, it was advised that these companies be regulated under the Company Act.

Cooperative victims and depositors have met with the Attorney General’s office delegations, appealing, ‘Regardless of who is implicated, our savings must be recovered.’

The key issue is that savers have been unable to recover their funds, which have been misused. It is the state’s paramount duty to protect the interests and funds of these depositors.

Depositors hoping to recover their money now file cases and complaints as their last resort.

Justice Barriers Evident

a) Except in Chitwan District Court, other courts have initially filed charges only for cooperative fraud but later added charges of organized crime and money laundering.

Section 131(a) of the Cooperative Act, 2074 (amended 2081), allows settlement for cooperative fraud but not for organized crime or money laundering offenses.

Savers, deprived of their funds, are compelled to resort to complaints as a final measure.

It is the state’s critical responsibility to ensure the swift return of savings earned through the labor of low-income earners.

‘Based on available information, when prosecution adds charges beyond cooperative fraud, such as organized crime and money laundering, it increasingly closes the door to justice for victims.’

If convicted for organized crime and money laundering, penalties including fines and asset confiscations are possible, which conflicts with the victims’ interests.

If deposited funds become indirectly associated with money laundering, they risk confiscation and loss.

b) Cooperative directors or involved parties can recover savers’ funds by claiming fake loans or opening fraudulent accounts.

Similarly, funds transferred from cooperatives to companies can be recovered by liquidating company assets.

However, if charges of organized crime and money laundering remain, even this legal recourse is blocked, contrary to victims’ expectations.

There is a legal justification to keep open pathways for settlements to resolve these issues.

c) The conclusions and recommendations of the Special Parliamentary Investigation Committee serve as the basis of these cases.

They highlight the need for medical and legal measures to restore savers’ funds.

‘Settlement Path Must Remain Open’

Maintaining charges of organized crime and money laundering likely closes off settlement avenues for cooperative savers.

The parliamentary committee stresses that savings must be refunded as swiftly as possible.

Therefore, although legal proceedings continue, arrangements should be made under the amended law to enable deposit refunds.

d) To achieve this objective, it is necessary to amend charges following Section 36 of the Criminal Procedure Code, 2074, ensuring justice for victims.

It is recommended that in initial, additional, and supplementary indictments, charges of organized crime and money laundering be removed, preserving the possibility of deposit refunds by amending accusations accordingly.

Decision to Withdraw Organized Crime and Money Laundering Charges

4) Based on the aforementioned factual and legal grounds, the following decision has been made:

a) Petitioner Ravi Lamichhane claims political retaliation via charges of cooperative fraud, organized crime, and money laundering and has requested case dismissal.

Under Section 36 of the Criminal Procedure Code, amendment of charges is warranted to prioritize the interests of victim savers.

In courts of Kaski, Kathmandu, Rupandehi, Parsa, and Chitwan districts, cooperative fraud charges will remain, but organized crime and money laundering charges will be removed through amendments.

Accordingly, notices will be sent to the respective District Government Attorney Offices to proceed further.

Poush 30, 2082 BS

Sabita Bhandari

Attorney General

……………………

Similarly, on Magh 2, 2082 BS, the phrase ‘claimed under the right of the individual’ was removed from the charge of money laundering in case number 4(K) item 11.

Magh 2, 2082 BS

Sabita Bhandari

Attorney General

(Edited excerpt of the Attorney General’s Office submission to the Supreme Court)

March 21, Rautahat – An electric shock claimed the life of an 84-year-old woman in Basantpur, Chandrapur Municipality-8, Rautahat.

Kanchi Devi Chaudhary, originally from Manharwa, Gujara Municipality-1, suffered a fatal electric shock on Sunday afternoon, according to the Central News Desk of Nepal Police.

She was seriously injured after coming into contact with an electric motor connected to a water pump and died while receiving treatment at Chapur Hospital in Chapur.

The police have confirmed that a necessary investigation into the incident is underway.

RSP leaders who are advancing the formation of the new government have begun urging those appointed through political placements to “clearly define the way forward.” One RSP leader revealed that a list is being compiled of appointments made by previous governments across various bodies.

According to this leader, skilled and competent professionals are being brought into the state machinery, and politically appointed personnel are being encouraged to resign.

The recent electoral manifesto of RSP pledges to amend relevant laws to facilitate appointments of qualified and independent individuals.

The manifesto states, “We will amend the Institutional Strengthening Act, Powers Act, Appointment Procedure and Staff Selection Commission Misuse Investigation Act 1991, Constitutional Council Act 2010, and Judicial Council Act 2017 to strengthen independent, capable, and accountable constitutional bodies and ensure good governance.”

As RSP prepares to amend laws and reshuffle thousands of posts in various agencies, past incidents may offer instructive lessons. One such example is the appointment of Adarshkumar Shrestha as chairman of the National Nature Conservation Trust (details here).

Amid Cabinet recommendations on Chaitra 1, appointments of National Assembly members, the report of the Review Commission, and approvals of climate change-related grants, the government publicly declined to confirm Chairman Shrestha’s appointment—likely due to hesitation from the government itself in making the decision public.

In fact, supporters of Prime Minister Sushila Karki—who herself was praised for conducting elections under challenging circumstances—have expressed their inability to defend this appointment, seeing it as improper.

First, the decision contradicts the new mandate. Former Secretary Sharad Prasad Trital stated, “It is ethically wrong tradition to make appointments for the next government following an election,” a concern also shared by Prime Minister Karki.

Second, from a subject-matter expertise perspective, Shrestha is not a suitable candidate for the role of chairman of the Nature Evaluation, Respect, and Conservation Trust.

He has previously served as an employee of the Supreme Court and as a personal assistant to the Chief Justice, with a background more oriented towards technology than environmental conservation. Former Secretary Dr. Dwarikanath Dhungel remarked, “Adarsh Shrestha lacked the necessary subject knowledge.”

Third, this appointment perpetuates the use of power and influence for personal gain. Dr. Dhungel described such appointments as conflicts of interest.

The situation with constitutional positions is similar. Dr. Dhungel stated that appointments are often made by the prime minister, opposition leaders, and parliamentary speakers based on personal or political priorities. “Appointments sometimes occur just to avoid scandals or corruption cases,” he noted.

Appointments Before the Desirable Retirement Age!

After Chief Secretary Shankardas Bairagi resigned in Jestha 2080 before completing his term, Bikuntha Aryal was appointed chief secretary within three days and was about to go on leave. Bairagi was transferred as National Security Advisor.

Similarly, in 2081, Auditor General Toym Raya, formerly Secretary of the Federal Statistics Office, was appointed. His name was recommended by the Constitutional Council and approved by the Parliamentary Hearing Committee.

Padmini Pradhanang, former Chairperson of Transparency International Nepal, highlighted a conflict of interest concerning Raya’s appointment while at the Statistics Office. “There should at least be a three-year cooling-off period,” she said.

In Chaitra 2075, when the Constitutional Council recommended Dinesh Thapaliya as Chief of the Election Commission, he was Secretary of the Ministry of Federal Affairs and General Administration and was about to be appointed to another position.

Previously, in Baisakh 2074, the Constitutional Council had recommended Tankamani Sharma, Secretary at the Prime Minister and Council of Ministers’ Office, for Auditor General at a time when he was serving as secretary in that office.

In 2074, Chief Secretary Dr. Somlal Suvedi resigned to take up a position at the Asian Development Bank (ADB). Although he formally held his post until Shrawan 2075, he had already been serving as Deputy Executive Director of the ADB in the Philippines since Shrawan 2074.

An incident during Asar-Shrawan last year demonstrated how senior officials can secure appointments before retirement. The Federal Service Bill sought to remove the “cooling-off period,” which these employees strongly opposed. The House of Representatives was also discovered to have quietly added the word “except” to grant special privileges for distinguished and first-class employees.

A parliamentary investigation committee held Ramhari Khatibda (Chair), Chief Secretary Eknarayan Aryal, and Secretary Suraj Kumar Dumai responsible for these irregularities.

While the committee made them ethically and politically accountable, leading Khatibda to resign as chairperson, Congress and the UML later reappointed him as chair of the Parliamentary Hearing Committee.

A deputy secretary of the federal parliament remarked, “RSP should learn not to repeat the mistakes of the old parties. Such actions insult the public and gave birth to the JNG Movement.”

Expecting Progress Amid Continuity

In countries with high unemployment, political appointments are often seen as employment opportunities. However, the primary responsibility of politicians is to create an environment where employment is generated for everyone.

Public administration expert Kashiraj Dahal stated that powerful leaders tend to prioritize relatives and supporters, negatively impacting the administration by denying opportunities to competent and honest individuals.

Undue influence and pressure in decision-making are major problems. Dahal noted, “Those making appointments often prioritize individuals unlikely to face corruption investigations.”

As chairman of the High-Level Administrative Reform Advisory Commission, Dahal directed that “to implement good governance, decision-making must be free from pressure and influence.”

Appointments to constitutional bodies are often legally challenged in courts for being unconstitutional.

In 2077, the Supreme Court ended disputes over appointments of 52 officials to constitutional bodies that had lingered for half a decade.

Dahal suggested that such appointments should be prevented from reaching the courts. “If the government feels the service is unnecessary, officials should be allowed to depart easily; repeatedly filing cases is inappropriate,” he said.

Appointments to constitutional bodies should be of trustworthy individuals; however, the recommendation of controversial figures has become a cause for concern.

Former Secretary Trital advised the new government to move forward by improving the legal framework. “We had some theoretical and ethical negligence, so the solution lies within the law,” he said.

Although changes have occurred at the regular level, Dahal said corrupt practices have deepened the problem. “Legal measures to prevent conflicts of interest are necessary; parliamentary hearings are merely theatrical,” he added.

The New Government’s ‘Litmus Test’

On Chaitra 18, Chief Justice Prakash Man Singh Raut will retire upon reaching the age limit. Following his retirement, on Falgun 26, the Judicial Council will recommend names of six Supreme Court judges to the Constitutional Council to fill the Chief Justice vacancy.

The recommended judges are Sapana Pradhan Malla, Kumar Regmi, Hari Phuyal, Manojkumar Sharma, Nahakul Suvedi, and Til Prasad Shrestha. After parliamentary hearing approval, the president will constitutionally appoint the Chief Justice.

Analysts view the hearing for the Chief Justice appointment as the RSP’s first major test. Former Secretary Dr. Dhungel said, “Claiming to avoid politicization is one thing; implementing it in practice is another. The new government’s litmus test is whom they appoint.”

Dr. Dhungel emphasized that factional pacts in judicial appointments must end completely. “The judiciary cannot be strengthened without a proper appointment system like the Public Service Commission,” he stressed.

Previous governments lacked transparency and failed to establish good governance, which paved the way for the RSP’s two-thirds majority election victory. A mandate-winning party cannot repeat the mistakes of the past.

Mandate for Good Governance Series –

Chaitra 8, Kathmandu – The Nepali Congress central working committee has rejected the resignation of its president, Gagan Kumar Thapa, who had taken moral responsibility for the party’s defeat in the recent House of Representatives election.

The party’s central office meeting held in Sanepa on Friday and Sunday passed a proposal to reject Thapa’s resignation. Vice President Bishwaprakash Sharma presented the proposal to reject the resignation during the meeting.

Spokesperson Devaraj Chalise confirmed that the proposal to reject the resignation was approved.

“President Mr. Gagan Kumar Thapa, following Article 26 (1) of the party’s statute, had submitted his resignation to the Vice President on the moral responsibility for the results of the House of Representatives election held on Falgun 21. This central working committee meeting has unanimously decided to reject the resignation,” Chalise said in the official statement.

March 8, Kathmandu – The Rashtriya Swatantra Party (Raswapa) has intensified its preparations to form the government on March 27 under the leadership of senior leader Balendra Shah.

Following the final election results of the House of Representatives held on February 21, Raswapa has begun preparations to form the government, according to Raswapa General Secretary Kavindra Burlakoti.

“Coordination with the President, Prime Minister’s Office, Parliamentary Secretariat, and Election Commission has been completed. The prime minister’s oath will take place on March 27,” said General Secretary Burlakoti.

Prior to this, the newly elected parliamentarians will be sworn in on March 26. Raswapa plans to select Balendra Shah as the parliamentary party leader immediately after the oath ceremony. Once the leader is selected, the prime minister’s oath will be administered on March 27.

According to Article 76(1) of the Constitution, the President is authorized to appoint the prime minister.

This article provides that the parliamentary party holding the majority in the House of Representatives can have its leader appointed as prime minister by the President, who will then form the Council of Ministers. Raswapa has confirmed that preparations are underway following this provision.

Raswapa has won approximately two-thirds of the seats, holding 182 seats across direct and proportional representation. Before the election, the party campaigned with Balendra Shah as its prime ministerial candidate.

After the prime minister’s oath-taking, Raswapa plans to appoint ministers as well. “The Cabinet will be formed on the same day, March 27,” Burlakoti stated.

Preparations are being made for 15 to 18 ministries. According to the party manifesto, the number of ministries at the federal level will be limited to 18. Ministerial appointments will be made based on expert recommendations within this framework. General Secretary Burlakoti noted that ministerial names have not yet been finalized. “No ministerial names have been confirmed,” he clarified.

However, party Chairman Ravi Lamichhane and senior leader Shah have indicated that some leaders are already engaged in preparatory work. Raswapa plans to finalize ministerial names by the evening of March 26 during a secretariat meeting.

Some top party leaders have decided not to join the government. Raswapa plans to keep several secretariat-level leaders in ‘reserve’ to manage party operations effectively.

“A team is essential for party management. There is consensus that several senior leaders will not enter the government,” Burlakoti explained.

Last Thursday, discussions were held among Raswapa Chairman Ravi Lamichhane, senior leader Balendra Shah, Vice-Chair DP Aryal, and Swarnim Wagle regarding government formation. Raswapa has stated that they plan to run the government in a manner that fulfills public expectations.

March 21, Lalitpur – A woman died when a wall at a brick kiln collapsed in Harisiddhi, Lalitpur.

The incident occurred today at Hosna brick kiln located in Lalitpur Metropolitan City Ward No. 28, where 55-year-old Tilsari Khadka, originally from Rukum, lost her life at the scene.

Deputy Superintendent of Police Purnimakumari Chand informed that Khadka, who was critically injured, passed away while undergoing treatment at Mediciti Hospital in Thaiba.

Four others were injured in the collapse, including 27-year-old Janaki Chand from Rukum, who worked at the same brick kiln, 27-year-old Shanti Kunwar from Salyan, 46-year-old Nandkumari Magar from Rolpa, and 19-year-old Suma Kumal from Dang.

DSP Chand added that Janaki Chand, who sustained serious injuries, was transported to Model Hospital for additional treatment.

March 21, Kathmandu – Bir Hospital has introduced an advanced ‘SPECT-CT’ machine for the first time in Nepal’s government healthcare sector. This equipment aids in assessing the functional status of organs affected by cancer, heart disease, bone, and kidney conditions.

The installation process of the SPECT-CT device is ongoing. According to Professor Dr. Kanchan Prasad Adhikari, Medical Physicist at Bir Hospital, services will commence within a month.

“Once operational, patients will no longer need to travel abroad for tests as high-quality diagnostic services will be available locally,” Dr. Adhikari said.

As a Radiation Safety Specialist, Dr. Adhikari explained that the machine helps detect cancer at an early stage, evaluate disease progression, and monitor treatment effectiveness.

“It enables physicians to make faster decisions and initiate patient treatment promptly,” he added.

“The SPECT-CT machine is distinct and based on advanced technology compared to conventional CT scans.

It combines SPECT and CT technologies,” Dr. Adhikari detailed. “SPECT displays how organs function, while CT shows their structural details.”

He further clarified that ‘SPECT’ stands for ‘Single Photon Emission Computed Tomography,’ which is a nuclear medicine procedure.

In this test, a small amount of radioactive substance (isotope) is injected into the patient. This substance travels to organs, emitting gamma rays that the machine captures to generate images.

“These images reveal how the organs are functioning, providing physiological information that regular scans cannot show,” Dr. Adhikari noted.

The CT scan component clearly illustrates the body’s structure.

Because both technologies are integrated in the same device, this is termed ‘hybrid imaging,’ enhancing speed and accuracy in disease diagnosis.

Which Diseases Benefit?

Dr. Adhikari stated that SPECT-CT is especially effective for cancer detection.

“Radioactive materials accumulate in cancer cells, making it easier to identify disease locations,” he explained.

Additionally, it is useful in diagnosing heart conditions, bone diseases, and kidney disorders.

“It can assess heart blood flow, bone infections or cancer spread, and kidney function,” he added.

Dr. Bhupendra Kumar Basnet, Vice Chancellor of the National Academy of Medical Sciences, noted that this machine, valued at nearly NPR 150 million, was procured through international collaboration.

It was provided to Bir Hospital with support from the International Atomic Energy Agency.

Dr. Basnet mentioned that legal frameworks and standards had to be fully established in Nepal before acquiring this device.

“Previously, Bir Hospital had a gamma camera machine that served for 15 years but eventually broke down,” he said.

“After the gamma camera malfunctioned, that service was unavailable for about a year,” he added. “Now, with this advanced machine, patients will have easier access to diagnostic services.”

Capacity to Serve 10–15 Patients Daily

For this service, the required radioisotopes must be imported from abroad. Dr. Adhikari explained that with consistent isotope availability, they can conduct tests on 10 to 15 patients daily.

Because Nepal lacks facilities like a cyclotron or nuclear reactor to produce these isotopes domestically, they must be sourced internationally.

SPECT-CT allows the collection of multiple diagnostic insights simultaneously.

“Previously, patients had to undergo separate CT scans, MRIs, or other tests at different times,” Dr. Adhikari said. “Now, one procedure delivers comprehensive information, saving both time and expense for patients.”

This reduces unnecessary tests and minimizes patient discomfort.

Dr. Adhikari added that the technology is not limited to diagnostics; it can also be used for treatment.

“Therapies like iodine therapy for cancer treatment that use radioactive substances are also possible with this machine,” he said.

The hospital aims to provide services at affordable rates.

“As a government hospital, providing service is our priority over profit,” Dr. Adhikari stated. “We are striving to offer this at a reasonable cost to the general public.”