Court verdict on visit visa case: Middleman guilty, money collecting officer acquitted

Court's explanation in the case of Kirte and organized crime: If the employee took bribe in the case of visit visa, the investigating agency is not the police.

जेष्ठ २०, २०८२

मातृका दाहाल

Court verdict on visit visa case: Middleman guilty, money collecting officer acquitted

It has been found that the District Court of Kathmandu gave immunity to the main defendants who collected money from the general public and sent them abroad on visit visas, making an 'unusual interpretation' that only the middleman was a party to the blame.

District Public Prosecutor's Office Kathmandu had filed a case a year and a half ago, making 22 people, including nine immigration officers of Tribhuvan International Airport, defendants in the charge of racketeering and organized crime. The court acquitted the main person who was accused only of 'looking for people' and 'preparing fake documents' to submit for a visit visa, saying that 'the crime could not be confirmed'.

The court has also decided that the investigation by the police against those immigration officers cannot be prosecuted and that the jurisdiction of the Commission for Investigation of Abuse of Authority will be there. The court has explained that there is no "victim party" in the case and "it was not possible to confirm the fact that the employee took the money while sending the person on a visit visa". While the employee was arrested with the bribe given by the owner of the travel agency and the court ignored the statement given by the person who paid the bribe. 

A case was filed in District Court Kathmandu on 18 Jan 080 in the case of smuggling of visit visas from the airport. 10 months after that, on 14 Mansir 081, the bench of Judge Ram Prasad Sharma gave a verdict that only three people were found guilty of making fake documents for people going on a visit visa and passing such details to the immigration staff, and the rest were acquitted. The full text of the judgment was made public on Friday (16 June). 

District Public Prosecutor's Office Chief Associate Attorney Ramhari Sharma Kafle said that the full text of the judgment could not be received from the court. He responded that he will appeal the verdict after the full text. "The decision has been made, but we have not received the full text," he said. Last time, on 7 June 2008, the airport immigration chief and three other middlemen were arrested by the authority in the case of smuggling of visit visas. After sending the mobile phone, laptop and other documents recovered from the four persons to the forensic laboratory for testing, the authority has kept the arrested person on the date of 'appearing when called'. According to authority sources, its test report has not yet arrived from the laboratory. 

Earlier on 14 October 080, Kaushila Magar and Lakshmi Rai, who were about to fly to Kuwait on a visit visa, were detained by the airport police and sent to the Kathmandu Valley Crime Investigation Office. The involvement of 9 immigration officers Narveer Khadka, Tara Bahadur Kunwar, Kushal Baral, Shailendra Dhakal, Bimal Paudel, Vishnu Aryal, Vikas Dangol, Pitambar Rimal and Sujan Fago was revealed in the investigation that proceeded after that in opening the line of visit visas in the gang setting. 

During the investigation, it was revealed that the group of Geeta Shah and Arun Dahal, who were acting as middlemen, created fake documents including labor approval and police report in the setting. A month later, on 17 November, Shah and Dahal were arrested. The next day, Saroj Kumar Yadav, the owner of a travel agency, was arrested on December 18. On 26 December, immigration officer Narveer Khadka was arrested from a hotel in Sinamangal with 2 lakhs. Similarly, travel agency owner/employee Padam Lama and Manoj Tamang were arrested on December 27, Vinod Karki was arrested on December 5. 

Apart from immigration officer Khadka, eight others were absconding after the investigation. At the same time, it was confirmed that Shah, who was acting as an intermediary, made a fake police report and work permit and gave it to Dahal, then Dahal passed it on to Saroj Yadav of Travel and after Yadav gave the list to Khadka, the immigration officer, it was confirmed that the line to go to the visit visa from immigration was opened in the 'setting'. During the investigation, Khadka, the immigration officer, revealed to the police in his statement that how the line is opened in the 'setting' and money is collected.

He admitted in his statement that he agreed with the travel agency operator Saroj Yadav and others to send groups of 10 to 20 people and sometimes 100 to 150 people at a time by taking 10 to 15 thousand per person for men and 40 to 50 thousand for women. In this, eight other officers also revealed the fact that they were working in the same 'setting'. For this, Khadka himself admitted that the work of the 'Visit Visa Facilitation Committee' was done at the immigration desk and each officer was charged up to 50,000 rupees per day for doing this work.

Khadka had told the police in a statement that he had received 2 lakh rupees from Manoj Tamang from a hotel in Sinamangal for this 'facilitation'. However, the court has acquitted the travel operators who collected money and arranged to send people to those who ran the business by staying in the gang network, showing 'lack of evidence'. 

In ruling on the case filed against them, the court stated that if the immigration staff took bribes, the plaintiff's claim in the case would not be valid as the investigating agency was not the police but some other agency (authority). Similarly, it is said in the judgment that the offense of organized crime against the defendants will not be confirmed. "These defendants formed a permanent organizational structure for the benefit of the criminal group, under the direction of the criminal group, on behalf of the criminal group, and when no concrete evidence was submitted by the plaintiff to confirm the fact that the crime involved in the case was not considered to be an offense of organized crime."

 

If domestic labor is not legalized, human traffickers will be killed

मातृका दाहाल दाहाल विगत डेढ दशकदेखि पत्रकारिता गरिरहेका छन् । उनी राष्ट्रिय सुरक्षा, सुशासन तथा सामाजिक जनचासाेका विषयमा समाचार लेख्छन् ।

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