A writ demanding the arrest and trial of the then ministerial officer of Koshi was tabled by the Supreme Administration

'In order to prolong the case against Lilavallabh Adhikari, the Supreme Court administration has kept the bench in disgrace. I will go to the bench against this decision of the Supreme Administration.'

Mangshir 16, 2081

Kantipur Reporter

A writ demanding the arrest and trial of the then ministerial officer of Koshi was tabled by the Supreme Administration

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The then Minister of Koshi Province and member of the Koshi Province Assembly from UML, Lilavallabh Adhikari, who was accused of human trafficking, has been filed by the Supreme Court administration with a writ demanding that the immunity granted by the Kathmandu District Court Public Prosecutor's Office be revoked.

The writ petition submitted by senior advocate Dinesh Tripathi was taken up by Supreme Court Registrar Bhadrakali Pokharel on Sunday.

When he was the Minister of Internal Affairs and Law of Koshi Province, the officer took three people to Japan . Along with the ministerial officer, all three were deported to Nepal from the airport by the Immigration Department of Japan. During the investigation of the case, the Kathmandu District Public Prosecutor's Office had given immunity to the minister and filed a case against those involved in sending them to Japan. 

Registrar Pokharel filed a writ petition with the district attorney on the grounds that he had received the right. In accordance with Article 110(2) and (5) of the Constitution of the District Attorney, the prosecution and defense work delegated by the Attorney General in accordance with the duties and rights of the Government Litigation Act, 2049 under Section 17 (2) and 18) Article of the constitution that states whether such government should be sued or not and which section of the law should be applied 110(2) of the principle that the attorney general cannot enter and interfere in the matter of the right to make a final decision,' the bench order says, 'Article 158 (2) of the Constitution of Nepal, 2072 "before any court or judicial body or officer" There is a provision that the Attorney General will have the right to make the final decision on whether or not to prosecute the case on behalf of the Government of Nepal, and in the indictment of the case, "Lila Ballav Adhikari's presentation" Since the objective evidence involved in the incident has not been seen from the investigation so far, when additional evidence is obtained, it will be done in accordance with the law.

A writ demanding the arrest and trial of the then ministerial officer of Koshi was tabled by the Supreme Administration Senior advocate Tripathi, the petitioner of the writ, said that the writ against the officer was filed on a wrong basis. He alleges that the Supreme Court's administration has maliciously tabled the petition demanding that the officer be arrested and prosecuted and the decision made by the public prosecutor's office be overturned. "The repealed law related to government cases has been brought to the bench. Currently, the Criminal Procedure Code is active, but due to lack of functionality, it has been based on the repealed Act related to government cases. It has been argued that there is no judicial review against it based on a wrong premise, but in the case of Aftab Alam, Suntali Dhami, it was also decided not to pursue the case, but the Supreme Court ordered and decided to pursue the case . There are all such precedents and they have been violated,' said Tripathi, 'to prolong the case against Leevallabh Adhikari, the Supreme Court administration has kept the bench in bad faith . I will go to the bench against this decision of the Supreme Administration.'

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