KATHMANDU, Jan 16: A writ petition has been filed at the Supreme Court (SC) seeking to overturn the decision of the Office of the Attorney General to withdraw charges of organised crime and money laundering against Rastriya Swatantra Party (RSP) Chair Rabi Lamichhane.
The Attorney General’s Office on January 14 had decided to drop the organised crime and money laundering charges against Lamichhane. He is currently out of prison on bail in criminal cases related to cooperative fraud.
The petition was filed on Friday by Yubaraj Saphal of Sindhuli, naming the Attorney General’s Office, Attorney General Sabita Bhandari, and the District Government Attorneys’ Offices in Kathmandu, Rupandehi, Kaski, and Chitwan as respondents.
Writ petition filed against Rabi Lamichhane
Safal argued that the decision to withdraw charges once filed by the state itself undermines the rule of law. Calling the Attorney General’s decision unlawful, he has sought the annulment of directives issued to implement it.
The petitioner also challenged the Attorney General’s action under Sections 36 and 116 of the National Criminal Procedure Code, 2017. The petition notes that the decision was not only flawed but reflected a mala fide use of the legal provision, as no new evidence was presented to indicate Lamichhane’s innocence.
Invoking Articles 133(2) and (3) of the Constitution, Safal has requested a court order restraining the Attorney General from taking any action that could weaken cases related to organised crime and money laundering.