Lamichhane remanded for detention

Public prosecutor who gave 'exoneration' in organized crime by ignoring investigation report under investigation

Magh 24, 2081

Ramesh Kumar Paudel

Lamichhane remanded for detention

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Ravi Lamichhane, the then managing director of Gorkha Media and the founder chairman of RSWP, has been sent to police custody for a debate on the Sahara Chitwan Multi-Purpose Cooperative fraud case. District Attorney Shantiprasad Luintel who acquitted Lamichhane of organized crime by ignoring the police investigation report is under investigation.

A four-member committee was formed on Wednesday under the coordination of Deputy Attorney General Gopal Prasad Rizal to investigate Luitel himself, after Attorney Luitel of the Public Prosecutor's Office filed a case against Lamichhane only for fraud by 'trapping' the police investigation report with the opinion that a case should be prosecuted for organized crime. The

committee has been given the authority to investigate the investigation report of the police as well as the indictment submitted by the public prosecutor's office and submit a report. Rupandehi public prosecutor Ravi Neupane has been brought in place of Luintel. 

Associate Attorney General Suryaraj Dahal, Associate Attorney General Ishwari Prasad Dhakal and Deputy Attorney General Rudra Prasad Acharya are members of the investigation committee. "The committee is mandated to study the investigation report of the police and the prosecution of the public prosecutor's office and submit a report," spokesperson Dahal said, "There is no deadline, the report must be submitted as soon as possible."

The original prosecution of the co-operative fraud was filed on October 8, in which Gitendra Bahadur (GB) Rai, the founder of the co-operative, was charged as the main accused against 17. Since Lamichhane was 'exonerated' during the police investigation, on the same day the original case was filed, the public prosecutor's office instructed the Chitwan police to conduct supplementary investigations against Gorkha Media, a company that embezzled funds from the cooperative.

In the subsequent supplementary investigation report, the police submitted an opinion that Lamichhane should be prosecuted for crimes including organized crime, but when the case was filed against 15 more people on Tuesday, the public prosecutor's office only filed a case against Lamichhane for fraud.

Out of 32 people who were accused twice in the case of the cooperative, 12 people have been prosecuted for both cooperative fraud and organized crime and 20 people including Lamichhane have been prosecuted only for fraud. It is mentioned in the indictment that 108 million 18 thousand rupees were defrauded from Sahara Chitwan Multipurpose Cooperative and taken to Gorkha Media

out of which one crore rupees was taken from Sahara as 'sid money' to establish Gorkha Media. It is mentioned that 485.8 million 22 thousand was paid in various places through 814 checks of Gorkha Media from Lamichhane's single signature. There is an accusation that Lamichhane is directly involved in the fraud by giving the money from the cooperative to others and taking payment besides his salary in the Gorkha media. 

According to the indictment, Lamichhane took five times Rs. 27 lakh from Gorkha Media's bank account. It is also seen that 59 lakh 38 thousand was paid to wife Nikita Paudel through a check cut with Lamichhane's signature. It is mentioned in the indictment that Lamichhane signed the transaction before he became an official person of Gorkha Media and even after he separated from the said media.

Lamichhane, who resigned from Gorkha Media on June 1, 2079 and announced the RASWP on June 7, it has been seen that on June 12, Lamichhane withdrew the amount from his own name. Government lawyer Neupane, who was transferred from Rupandehi, argued in the custody debate that started on Wednesday in the Chitwan District Court. Accused Lamichhane was handed over to the police after the debate failed. Lamichhane appeared in court on Wednesday morning. A debate was started after taking his statement. 

In the closed debate, the district attorney and co-prosecutor and lawyer who argued on behalf of Zaherwala demanded that the then managing director of Gorkha Media Pvt. Ravi Lamichhane should be sent to jail for trial. Advocate Ramesh Kafle, who argued on behalf of Zaherwal, mentioned that there is a legal provision to keep him in jail for the preliminary investigation in the case where the sentence is more than three years. 

Even though the government lawyer argued on behalf of the plaintiff, only one lawyer argued on behalf of Joharwala. If the debate failed on Wednesday, his lawyers demanded that Lamichhane be handed over to the family and lawyers as in Rupandehi.

 District Judge Dayaram Dhakal ordered to send the security personnel to the district police office because the debate could not be concluded saying that it was not in practice. District Court Information Officer Amrit Bishwakarma said that Lamichhane was handed over to the police to be brought to court at 10 am on Thursday after the debate failed.

District Attorney Neupane and co-attorneys Amrit Subedi and Buddha Bahadur Thapa's arguments for Thunchek have ended. Advocate Ramesh Kafle has only argued on behalf of the co-accused. Three more lawyers on behalf of Zaherwala and 10 lawyers on behalf of defendant Lamichhane are left to debate.

After the debate between the government lawyer and the lawyer from the plaintiff's side, the debate between the lawyer from Lamichhane's side will begin. After hearing the arguments, the judge will order whether to send the defendant to jail until the case is resolved, to release him on bail or without bail on a normal date.

Ramesh

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