A case of fraud has been filed against 17 people, including President of Nepal Children's Organization, Rita Vaidya, in the case of misappropriation of land at the Children's Temple in Naxal. District Public Prosecutor's Office Kathmandu has filed a case in District Court Kathmandu on Wednesday against the then officials of the organization and the officials of Brihaspati Vidya Sadan along with Vaidya.

Likewise, the then Vice President of Nepal Child Organization, Tulsi Narayan Shrestha, the then General Secretary Ganesh Bhakta Shrestha, Shyam Kumar Ale, Subas Kumar Pokhrel, Prachandaraj Pradhan and  A case has also been filed against Ramkaji Gurung Kone.

likewise  Krishnashankar Sah, then member of the board of directors,  The then Vice-President Yogendra Bahadur Shahi, Vice-Treasurer Deepak Das Shrestha, Pravinraj Joshi, Director of Brihaspati Vidya Sadan, Murarinidhi Tiwari, then Director of Brihaspati, Purushottamaraj Joshi, then President of Brihaspati,  A case has also been registered against Brihaspati's manager Shraddha Sanghaikh.  Similarly, Abhinav Singhania, the then director of Brihaspati,  A case has been filed against Siddharth Kedia and Kirtiprasad Pandey. Singhania, Kedia and Pandey are Indian citizens. 

The police have charged the offense of fraud under the Civil Code-2074, Fraud under the previous Civil Act. In Chapter 4 of the Civil Code on Fraud, there is a provision that the fraudster will be fined 5,000 rupees and imprisoned for up to 5 years if the fraud is established. Similarly, section 249 of the Criminal Code provides that fraud should not be committed. According to Section 249 of the Criminal Code, imprisonment for up to 7 years and a fine of up to seventy thousand rupees have been demanded against the accused.

Similarly, in the indictment, the defendants are Rita Singh, Tulsi Narayan Shrestha, Ganesh Bhakta Shrestha, Krishna Shankar Sah, Shyam Kumar Ale, Subas Kumar Pokharel, Prachanda Raj Pradhan, Ramkaji Muluk Muluk, according to Section 4 of the Fraud Act No. (Kone), Yogendra Bahadur Shahi, Deepakdas Shrestha, Pravinraj Joshi, Murarinidhi Tiwari, Purushottamraj Joshi, Shraddha Sanghai, Abhinav Singhania, Siddharth Kedia, Kirtiprasad Pandey, it is mentioned that the Nepal Children's Organization has been requested to get relief. 

Brihaspati's then president Chiranjeevi Tiwari, child organization's then treasurer Manohar Gopal Shrestha and then deputy general secretary Suman Shakya, who were involved in the Bal Mandir land embezzlement case, have died, so it was decided not to prosecute them. 

For the care and maintenance of orphan children, the land established by the government in the name of children's temple during the Panchayat period was leased to Brihaspati in the year 2049 by the children's organization. In the course of repeatedly extending the term of the agreement, the 'lease' period was extended to 2131 years by making a supplementary agreement in 2072. In February 2078, Kantipur brought out the news in detail about land embezzlement. But there was a trick to stop the investigation.

According to the request of the children's organization, the Central Investigation Bureau (CIB) of the police after completing the investigation on embezzlement submitted a report with opinion to the district public prosecutor's office in Kathmandu a few months ago. According to the same report, the Attorney General's Office decided to prosecute the fraud case.

What is Bal Mandir land embezzlement case?

Rana Prime Minister Bhimshamsher paid compensation to the people and acquired in the year 2021 and leased 29 ropani 4 annas out of 119 ropani land held in the name of children's organization. In the year 2049, when Rita Singh Vaidya became the president of the children's organization, the land was leased to Brihaspati. Vaidya is the daughter of then Congress leader Ganeshman Singh and sister of current Deputy Prime Minister and Urban Development Minister Prakashman Singh.

Children's organization had entered into an agreement to lease 9 ropani land and house/floor of lot number 760 to Brihaspati without competition on 26 Baisakh 2049 for the first time till 10th January 2053. At that time, the annual rental rate was fixed at 42 lakh 16 thousand 608 rupees.

It was mentioned in the contract to give a 20 percent discount on the rental amount if paid in advance. According to the Commission on Abuse of Authority, the details of the rent paid by Jupiter according to the agreement are not visible in the organization's records. The children's organization later extended the agreement by 5 years.

Bal Sangathan signed a supplementary agreement on 8th June 2058 and gave an additional 5 ropani 2 annas of land to Brihaspati increasing the annual rent fixed by 10 percent. Before that, sending a letter to the child organization on 6th January 2057, Brihaspati asked for only 2 more plantations of land. The supplementary agreement was signed by the then director Rajeshwar Niraula on behalf of the organization. At that time, the annual rent of the land that Brihaspati was enjoying was 30 lakh rupees.

Brihaspati made an offer on 21 July 2059 for an additional 13 ropani land with a lease period of 30 years and a monthly rental rate of Rs 4 lakh 80 thousand. The Central Committee meeting of the Children's Organization held on July 30 gave the authority to the General Secretary Ramkaji Kone to enter into an agreement to lease 13 plantations under lot number 760 at 12 annas 1 paisa, i.e., 12 annas 1 paisa land up to 2088.

As per Brihaspati's proposal, authorization was given for the contract to increase the rent at the rate of 5 percent in 2 years, not to increase the rent in the first and last 5 years, and increase the property of 50 million within 15 years.

Based on that, on August 11, 2059, an agreement was signed between the organization and Brihaspati for 30 years. The agreement was said to come into effect from 1st Baisakh 2059. The agreement was signed by the then vice president of the organization Yogendra Bahadur Shahi, general secretary Ramkaji Kone and head of administration and procurement branch Tikamani Neupane.

A complaint was filed with the authority after a dispute started between the owners of the organization saying that the land was leased cheaply. On behalf of Brihaspati, Chief Administrator Murarinidi Tiwari sent a letter on November 7, 2066, saying that since the authority had instructed to review the rent, he could not do so. Then the Central Working Committee of the Children's Organization decided to terminate the lease agreement with Brihaspati for 13 ropani 12 annas 1 paisa land on 14th December 2066. The general secretary of the organization, Krishna Shankar Sah, informed Brihaspati of the decision of the meeting on 30th January 2066 to be implemented from the same day.

Subaskumar Pokharel is the coordinator and the resource management committee of the child organization consisting of Rajeshwar Niraula, Santosh Bhattarai, Krishnashankar Sah and Manohar Gopal Shrestha held a meeting on 28 Jan 2066 and decided to pass the registration to Tarun Nirman Seva. Manoj Kumar Mishra was the owner of Tarun. The authority for land registration was given to Shah, the general secretary of the Children's Organization. The consent of the government was not obtained for the land pass and even though the contract was cancelled, Jupiter did not leave the land. It was revealed that Vaidya, the then president of the

organization, took 75 lakh rupees from Tarun. While giving a statement to the commission of inquiry headed by former judge Mohanaram Bhattarai, Vaidya admitted that she took the money to 'run the expenses of the organization'. But that amount was not deposited in the coffers of the organization. On the other hand, Brihaspati went to the Supreme Court saying that the contract for the land being occupied was unilaterally terminated.

Both parties reconciled in the court on June 21, 2072 and it was decided to give the land to Brihaspati at a cheap rent. During that time, it was agreed to extend the period of 43 years from 2088 to the end of the previous agreement, no rent increase for the last 8 years, during this period Jupiter will increase the assets of 52 crores, land can be leased and 'sub-leased' and within 6 months, the children's organization will build a 2-room building. Brihaspati has widened the road by breaking down the wall from inside the main entrance of Bal Mandir.

Jupiter mortgaged the land on August 26, 2075 for 30 million rupees to be repaid within 10 years and on October 1, Bank of Kathmandu took a renewable loan of 13 million rupees for 1 year.

Vidya, who has been the president for nearly three decades, was dismissed by the government led by KP Sharma Oli in 2077 and Vidya Neupane was appointed. The organization had sent a letter to the CIB on April 14 last year, demanding an investigation into land embezzlement. On the same day, the organization terminated the lease agreement with Jupiter. When Brihaspati went to Patan High Court against it, both parties were trying to resolve the dispute through 'arbitration' and not to go to trial.