KATHMANDU, March 20: The Supreme Court (SC) has ordered the production of a key comment order involving Gitenendra Babu (GB) Rai, a move that is likely to delay the hearing on a writ petition challenging the withdrawal of two charges against Rastriya Swatantra Party (RSP) Chair Rabi Lamichhane.
A joint bench of Justices Sharanga Subedi and Sunil Pokharel issued the order on Thursday after four days of hearings, directing authorities to submit files related to Attorney General Sabita Bhandari’s recent decision to amend the charge sheet.
On January 16, the Office of the Attorney General (OAG) issued a comment order to amend the charge sheet not only against Lamichhane but also against other co-defendants, including Rai, after concluding that revising charges solely for Lamichhane would be inappropriate. The SC has now sought that specific order, signaling a possible delay in further proceedings.
The development comes amid shifting decisions within the OAG. Initially, it had moved to amend only Lamichhane’s charge sheet—dropping charges of organized crime and money laundering. However, the decision was later expanded to cover all co-defendants linked to the cooperative cases, retaining only cooperative fraud charges.
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Earlier, on January 14, Attorney General Bhandari had decided to amend the charge sheet solely in Lamichhane’s case. But just two days later, on January 16, the scope was widened to include all accused. The court had set March 23 for the next hearing before a bench excluding judges with potential conflicts of interest. However, only the January 14 decision had been submitted, prompting the bench to order the production of the January 16 decision as well.
Noting that the latest decision was missing from the case file, the bench directed authorities to submit all related documents and rescheduled the hearing for March 23. The case will now be heard by a different bench.
The hearing also saw controversy over Justice Pokharel’s involvement. The petitioner had demanded his recusal, citing his past role as Lamichhane’s legal counsel. However, Pokharel chose not to step aside initially, continued the hearing, and later withdrew after issuing the order to produce the comment.
Lamichhane faces charges of fraud, money laundering, and organized crime in connection with multiple cooperative cases: Suryadarshan in Kaski, Supreme in Rupandehi, Swarnalakshmi in Kathmandu, and Sano Paila in Parsa. In Chitwan, however, the District Government Attorney’s Office decided not to pursue money laundering and organized crime charges, leading to the transfer of its chief to Kathmandu as a disciplinary measure.
A case had already been filed against GB Rai and others in the Suryadarshan Cooperative case. Rai was released before the election after depositing the required bail amount. Lamichhane was also released on bail after depositing Rs 6.5 million in Suryadarshan, Rs 6 million in Swarnalakshmi, Rs 10 million in Supreme, Rs 5.4 million in Sahara Chitwan, and Rs 10 million in Sano Paila.
The OAG’s decision to amend the charge sheet, particularly in relation to organized crime and money laundering, has drawn scrutiny in legal circles. Under Section 36 of the National Penal Code (Act), 2017, such amendments require authorization to the concerned District Government Attorney’s Offices.
The OAG justified its move by citing multiple petitions filed by Lamichhane, new evidence challenging the basis of complaints, and the need to safeguard depositors’ rights. Directives were accordingly issued to district offices in Kaski, Kathmandu, Rupandehi, and Parsa, where cases against him remain under consideration.
It cited three main grounds for the amendment: self-declarations by complainants, findings of a parliamentary investigation committee, and the possibility of justice for victims through settlement. These factors, the OAG argued, lend weight to Lamichhane’s claim of “malicious prosecution.”
Lamichhane has maintained that the cases against him stem from a political vendetta. In his petition to the OAG, he sought legal remedy under Section 36 of the National Penal Code (Act), 2017, describing the charges of cooperative fraud, organized crime, and money laundering as politically motivated.
