Arrested debate on Suryadarshan Cooperative fraud started

The public prosecutor's argument that an order should be issued to send the seven defendants to prison for pre-trial detention based on the basis, reasons and evidence of the police investigation report, the financial analysis report of Pokhara Metropolitan Municipality, and the report of the parliamentary investigation special committee.

Poush 17, 2081

Deepak Pariyar

Arrested debate on Suryadarshan Cooperative fraud started

We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:

This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

Arrested in the Suryadarshan Cooperative fraud case, the case of seven persons, including RSWP Chairman and former Managing Director of Gorkha Media Network Pvt. Ravi Lamichhane, former Vice President of Gorkha Media and former DIG Chabilal Joshi, has started in the district court on Tuesday.

After the statement of Lamichhane, Joshi as well as Ram Bahadur Khanal, Leela Pachai, Krishna Bahadur Gurung, Meena Gurung and Aarti Gurung in the bench of District Judge Nitij Rai, the debate was started behind closed doors. 

The final statement of Aarti Gurung, one of the defendants, ended on Tuesday. After that, the debate started on behalf of the District Public Prosecutor's Office in the case of the seven defendants. On the first day, Shantidevi Sharma and Sujata Paudel, Assistant District Attorneys of the office, argued.

They argued that based on the grounds, reasons and evidence of the police investigation report, the financial analysis report of the Pokhara Metropolitan Municipality, and the report of the parliamentary investigation special committee, an order should be issued to send the seven defendants to prison for pre-trial detention according to Section 67 of the Criminal Procedure Code, 2074. 

On Wednesday, the public prosecutor's argument will be held, followed by the lawyer from the plaintiff's side and then the defendant's lawyer from the defendant's side. "During the custody debate, the public prosecutor has argued according to the demands of punishment for all the defendants," he said.

According to Srestedar Khanal, Deputy Attorney General Sanjeevraj Regmi and Deputy Attorney General Prakash Gautam from the Attorney General's Office, Associate Attorney Bishnuraj Gowli of the High Public Prosecutor's Office, District Attorney Kamala Kafle and Assistant District Attorney Bipinraj Tiwari will argue.

"The time taken in the jail depends on how many lawyers the defendant has kept," Shrestedar Khanal said, "The bench can manage the debate as quickly as possible." How long the bench listens to that debate, if the same thing is repeated, the bench will think in a systematic way. It cannot be said that it can be done in just one day.' 

Lamichhane, Joshi, Pachai and Khanal who are in the custody of Kaski police have been charged with cooperative fraud, organized crime and money laundering, while Meena Gurung, Krishna Bahadur Gurung and Aarti Gurung have only been charged with cooperative fraud. Meena was the chairperson when the ad hoc board of directors was formed on June 1, 2065. She was proportional member of parliament from UML in the first term of Gandaki state assembly. Krishna Bahadur, who is the vice-chairman of the ad hoc committee, is his father.

Among those who were made defendants in the Suryadarshan Cooperative fraud case, 9 others are in jails in different districts for pre-trial detention. Kailash Kumar Darlami, Kumar Ramtel, Pramod Bhattarai, Anuj Nakarmi, Shiv Bahadur Gurung and Bhaveshwar Aryal, who were arrested on October 18, 2080, are in the Kaski jail pending a case against 19 people. 

Among the 44 defendants who filed a supplementary indictment on December 7, Devkumar, head of Baglung's Dhorpatan municipality, is in custody in Baglung jail pending charges of misappropriating the savings of Nepali Baglung and Image Cooperative in Pokhara.

He is also the former vice-president of Suryadarshan, and a case has been filed against him in the Kaski court for the crime of co-operative fraud. Omprakash Gurung, who is in custody in Ruppandehi Jail on charges of Supreme Cooperative fraud, is also involved in Suryadarshan fraud. Leela Bahadur Gurung, who is associated with Surya Darshan, is currently incarcerated in Nakhkhu Jail. A case is also going on against him on charges of misappropriation of the savings of Kalyan Upkar Sahakari of Lalitpur.

Darlami, who is currently in Kaski prison, was vice president of Suryadarshan Cooperative twice since October 3, 2074. Ramechhap's Likhu Tamakoshi-7 is the ward president elected from the Maoist center in the local elections he attended. It is mentioned in the indictment that he was involved in decisions including loan disbursement to various companies of GB Rai Group including Gorkha Media.

Co-operative's claim is 1 billion 51 million 40 million 19 thousand 194 rupees, along with collective liability, his personal liability is 71 million rupees. Although he stated that his resignation was accepted on February 8, 2078, his resignation was not found accepted in the office of the Registrar of Cooperatives.

He attended the meeting of Suryadarshan Cooperative on January 9, 2079 in the capacity of vice-president and also signed the decision regarding approval for the merger with our new Agricultural Cooperative Society Limited of Kathmandu. He was remanded to prison on December 16, 2080 by the bench of Judge Ramchandra Sharma.

Ramtel is the shareholder and account manager of Gorkha Media Network. He is associated with all cooperatives and companies of GB Rai Group. He has 17 percent stake in Gorkha Media. He took over the shares sold by Lamichhane when he left Galaxy TV.

Ramtel is the secretary of Nepalgunj Equality Cooperative, the secretary of Supreme Cooperative of Butwal, the former treasurer of Chitwan Sano Paila Cooperative, the treasurer of Kathmandu Swarnalakshmi Cooperative and the treasurer of Birgunj Sano Paila Cooperative. Although documents were found that he had taken a loan of 2 crore rupees on various dates, it does not seem that a decision has been taken by the loan committee and the board of directors. 

In the case of Ramtel, it is mentioned in the indictment that according to Section 14 of the Evidence Act, 2031, the loan records register (records of loans given to GB and Ravi) collected from cooperative organizations should be taken as evidence. The proof of transfer of shares by submitting false information to the company registrar's office has also been submitted along with the charge sheet.

It is mentioned in the indictment that 5 crore 61 lakh rupees embezzled from Suryadarshan and taken to Gorkha Media Network Pvt Ltd should be recovered from 12 people including GB Rai, Chabilal Joshi, Ravi Lamichhane, Kumar Ramtel. Apart from the group, Ramtel's bigo Rs 2 crore has been claimed individually. He was remanded in custody by the bench of Judge Keshav Bastola on October 19, 2080. 

Nakarmi, who is doing motor parts business in Pokhara, is the former secretary of Suryadarshan. During his tenure, it has been seen in the police investigation that 71 crore 27 lakh 75 thousand 493 rupees were embezzled. The said amount is included in the liability to be borne collectively by the employee along with other defendants. He was remanded in custody by the bench of Judge Hariprasad Koirala on August 5, 2081. 

Shiv Bahadur Gurung, Central Deputy General Secretary of Emalenikat Yuva Sangh, is a former member of Suryadarshan's Board of Directors. In addition to the collective liability, he has been asked to pay a sum of Rs. The house purchased by Suryadarshan Sahakari at the mouth of Pokhara-4 Nala was transferred in his name.

The cooperative took a loan from the National Cooperative Bank by mortgaging the house. After the closure of Suryadarshan's business, the real estate was registered in the name of Rashtriya Sahakari Bank Limited on June 31, with a value of Rs 1 crore 92 lakh. It is mentioned in the indictment that Gurung invested in housing by misappropriating the cooperative's savings and profited by building 9 houses.

On June 2, 2080, he signed an agreement paper with Gorkha Media Chairman GB Rai on behalf of Suryadarshan Cooperative. It is mentioned in the agreement paper that the valuation of Gorkha Media is 1 billion 25 million rupees and the saving amount of 30 million rupees of members of Suryadarshan has been secured for shares in Galaxy 4K television operated by Gorkha Media. It seems that Than Bahadur Budha Magar, Chairman of the Board of Directors, also signed the document. Judge Vasantjang Thapa has mentioned this document in the order to run the prison for preliminary investigation on 18th December 2080. 

Bhavishwar Aryal, member of the board of directors of Suryadarshan Cooperative, used to manage the software of 6 cooperatives operated by GB Rai Group. He was in charge of digital archives. He used to help in inter-cooperative money transfer.

After the hard disk was found in the office of Nature Herbs in the house of Chavi Lal Joshi, the police took his help in analyzing the software. While he was in office, 53 crore 15 lakh 10 thousand 587 rupees were embezzled. 15 lakh 51 thousand rupees has been demanded towards personal liability. He was sent to prison along with Shiv Bahadur Gurung. 

It seems that 1 crore 83 lakh 5 thousand rupees were spent on Gorkha media during the tenure of Pramod Bhattarai, member of Suryadarshan's board of directors. The said Bigo is in the indictment to be charged together with him. He was remanded to prison on 29 January 2080 by the bench of Judge Ramchandra Sharma. He has been a member of the Board of Directors for two terms since October 9, 2078. It is mentioned in the indictment that he was also responsible for the misappropriation of funds in the cooperative.

The case against 6 people who were remanded in custody in Kaski Jail was earlier only for cooperative fraud. The judge sent Kitani to jail for pre-trial detention according to Section 67 of the Code of Criminal Procedure, 2074 based on the grounds, reasons and evidence of Kitani's complaint application, incident report paper, search warrant, defendant's statement in court, auditor Sagar Bhandari's paper, Pokhara Metropolitan Municipality's analytical report regarding the financial status of the cooperative. had ordered.

According to sub-section (1) (b) of section 67, if the accused is accused of an offense punishable by imprisonment for more than three years, if the evidence obtained immediately appears to be guilty or if there is any reasonable basis to believe that he is guilty, the court shall remand such accused for preliminary investigation. There is a provision. 

In the course of taking further charges, a case has been filed against these 6 people on August 5 for organized crime and the charges have also been increased. 1.51 billion 4 million 19 thousand 194 rupees have been demanded in addition to the 1.35 billion bego demanded earlier.

According to the Cooperative Act, 2074, action has been demanded as the fact that the co-operative has been defrauded by embezzlement and misappropriation of the amount will be confirmed by the investigation. It is in the indictment that he should be prosecuted according to the Prevention of Organized Crime Act, 2070 for knowingly misappropriating the savings of the cooperative by being a member of the criminal group for the benefit of the criminal group. 

They should be punished according to sub-section (d) and (d) (6) of section 124 of the Cooperative Act, 2074 and should be fined according to the total failure as per sub-section (1) (d) and Organized Crime Prevention Act , it has been demanded that punishment should be imposed according to Section 9 (a) and (c) of 2070.

Ravi Lamichhane is also accused of co-operative fraud and organized crime. Along with him, GB Rai, Chabilal Joshi, Leela Pachai and Ram Bahadur Khanal have also been prosecuted for money laundering. Punishment of up to 15 years and double fine for bigo has been demanded for money laundering.

Deepak

Link copied successfully