Accusation of corruption due to disturbance in yoga of Patanjali

In the Patanjali land case, 185.8 million 50 thousand begos, fine as per bego and imprisonment from 10 to 14 years are demanded.

Jestha 23, 2082

Matrika Dahal

Accusation of corruption due to disturbance in yoga of Patanjali

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A corruption case has been filed against 93 people, including the then Prime Minister and Chairman of the United Samajwadi Party, Madhav Kumar Nepal, on charges of misappropriation of limited concession land received by Patanjali Yoga Peeth and Ayurveda Company from the government.

In the case filed by the Abuse of Authority Investigation Commission in the Special Court on Thursday, the former Prime Minister of Nepal has been demanded a fine of Rs.

In the indictment, an additional 3 years of imprisonment has been demanded against him for corruption as a high-ranking official. With the filing of the case, the former Prime Minister has also been suspended as a member of the House of Representatives of Nepal.  Other defendants in the

case include the then ministers Prem Bahadur Singh and Dumbar Shrestha, the then Chief Secretary Madhav Ghimire, the then Land Reforms Secretary Chhabiraj Pant, Patanjali Nepal chief Shaligram Singh and others. Authority spokesperson Rajendra Kumar Paudel said that a case has been filed against the culprits based on the facts and evidence revealed by the investigation.

The authority has imposed fines of 185.8 million 50 thousand rupees against the defendants and demanded a fine and imprisonment according to their roles and responsibilities.

It is also demanded in the indictment to confiscate 554 ropani 5 annas 1 paisa of Banepa and 85 ropani 3 annas 2 damas of Dhulikhel owned by Patanjali and various people.

Leader Nepal was the Prime Minister from 11th June 2066 to 22nd January 2067. On June 6, 2081, news was published in Kantipur about the 'Patanjali land embezzlement case' related to embezzlement of restricted land with the involvement of the then Prime Minister. After the

news was published, the Public Accounts Committee of the House of Representatives, the Authority and the Central Investigation Bureau of the Police launched a detailed investigation on Thursday. Only a few weeks ago, the Audit Committee also sent a letter to the authority to investigate this.

  After the political change of 2046, Nepal is the first former prime minister to face corruption cases in court. After the then King Gyanendra Shah took power in January 2061, the then Prime Minister Sher Bahadur Deuba was arrested in the Melamchi drinking water case with the 'Royal Commission for the Prevention of Corruption', but later with the cancellation of the Royal Commission, the validity of the actions taken by the Commission was also revoked. 

During the Panchayat period, a corruption case was filed against the then Prime Minister Tulsi Giri on charges of irregularities in 'carpet export'. Later, the court ruled that the claim against Giri was not valid and he was acquitted. Nepal has become the first ex-prime minister to face corruption cases as a former prime minister after the multi-party system came into being. 

The former Prime Minister of Nepal Lalita Niwas was also involved in the embezzlement case. Another former prime minister, Baburam Bhattarai, was also accused of involvement in this. But when the authority filed the case in the special court on 22 Jan 2076, they were not made defendants. The petition filed in the Supreme Court regarding the non-trial of the case against them is still pending. In February 2080,

special dismissed the case of Lalita Niwas and convicted 134 people. During that time, special questions were raised about the non-prosecution of cases against the former Prime Ministers of Nepal and Bhattarai. There cannot be such immunity in relation to actions that do not fall within the scope of the duties of the position of the Prime Minister. Although executive immunity is necessary to prevent the decision-making process from being affected by the risk of being sued for performing official duties, immunity is not obtained for work outside the official position. "The principle of separation of powers does not prevent the prosecution of acts outside the office of the Prime Minister," said the special judge in the judgment.

After a complaint was filed in Patanjali's land dispute, a complaint was also filed with the authority in 2068. After the initial investigation, the authority had filed a complaint on 25th January 2069 that the last time it had brought one and a half billion rupees from India in the name of Patanjali and misused it, the authority opened the old file again. Nepal, who was in Rautahat on party work, returned to Kathmandu on Thursday after filing the case and held an emergency meeting with legal experts at the party office. 

It was decided by Madhav Kumar Nepal government from the then cabinet to allow Patanjali to buy government land in excess of the limit and to sell the said land to the housing company illegally. In the indictment, high-ranking officials, including the former Prime Minister of Nepal, have been made the main culprits in the case of "a national servant abusing his position and making Patanjali illegally and defiantly transfer the government-owned public land beyond the limit to individuals and companies for private use/use."

 The then Prime Minister of Nepal, the then Law Minister Singh, the then Land Reforms Minister Shrestha (his son Santosh as he is deceased), the then Chief Secretary Ghimire (his wife Kamala Ghimire as he is deceased) have been charged separately. In the case of death, each of them has been asked to pay a fine of Rs. 185850000 separately, as well as a penalty of 10 years to 14 years of imprisonment.

The then Land Reforms Secretary Pant, Joint Secretaries Jit Bahadur Thapa and Lalmani Joshi have been demanded a lump sum fine and imprisonment for 10 to 14 years. According to section 24 of the Prevention of Corruption Act, the authority also demands that the constitutional organs, agencies, presidential nominees, appointees, heads of institutions, special category positions of the Government of Nepal should be sentenced to an additional 3 years in prison for this offense.

Similarly, there is a demand for a lump sum fine, a fine according to the violation and imprisonment for up to 14 years against the then Deputy Secretary of the Ministry of Land Reforms, Kalanidhi Paudel, Gandhi Prasad Subedi and Hupendramani KC. Against the then Director General of Land Reforms Department, Keshar Bahadur Baniyan, 10 to 14 years imprisonment, wrongful recovery, wrongful fine and additional 3 years imprisonment have been demanded.

The then Deputy Secretary of Land Reforms Department Rajaram Thapa, Officer Sitaram Pokharel and Nasu Buddhi Bahadur Karki have been charged with a lump sum, fine and imprisonment accordingly. 

There is a single charge against the then officer Prem Bahadur Desar of the Malport Office Kavre and a single charge against the then Nasu Kedar Prasad Bhattarai and Mohanram Sharma, according to which fine and imprisonment are demanded. A one-time charge has been issued against the then Chief Malpot Officer of Kavre, Janardan Guragai, Officers Ved Prasad Aryal and Shivahari Sharma Subedi, Nashuru Vinod Koirala, Tulamani Rajbhandari, Krishna Prasad Sapkota and Hariprasad Humagai. Fines and imprisonment are demanded against them accordingly. 

Guthi Sansthan Kavre's then head of business Krishnahari Bhattarai, senior assistant Pawan Acharya and fantwala Madhav Prasad Homagai are demanding a fine and imprisonment of Rs.

The authority also charged the then Junior Management Trainee Esu Mainali, Deputy Manager Manoj Neupane, Senior Assistant Vikrant Koirala, Chief Manager Raveen Kumar Nepal, Assistant General Manager Asha Rana Adhikari, Head of Risk Management Department Sanjay Kumar Siddhi, Head of Risk Management Department Sanjay Kumar Siddhi, Deputy General Manager Balram Bista and Deputy General Manager Balram Bista of the then Junior Management Trainee of Sunrise Bank Limited on the charge of illegally mortgaged exempted land. Bigo, like a criminal, has demanded a fine and imprisonment accordingly.

  For working as a drunkard in the embezzlement of restricted land, Shaligram Singh, the head of Patanjali Yogpeeth Nepal, has been demanded a fine of Rs.

Defendants Bhojraj Sharma Wagle 67 million, Jeevraj Kandel 65 lakh, Dhruvaraj Thapa 594 lakh 50 thousand, Manu Ghimire 26 million, Omprakash Vansal 87 lakh, Bhimdutt Joshi 90 lakh, Birendralal Shrestha 78 lakh and Laxman Karki have been asked to pay a fine of Rs 14 lakh.

Vaikuntha Prasad Regmi, Fantwala Madhav Prasad Homagain and office assistant Rajkumar Sigdel, who were involved in the illegal purchase and sale of Patanjali's land at the time of the Guthi Sansthan branch office, are also facing imprisonment and fine for the crime of preparing "wrong document" under section 9 of Prevention of Corruption Act 2059. Imprisonment of 3 months to 1 year and fine of 10,000 to 50,000 rupees has been demanded against them.

Apart from Bigo Khule, there is also a demand for imprisonment and fine against Shaligram Singh of Patanjali Yogpeeth and Ayurveda Company Nepal for working as an accomplice along with the employees to prepare false documents.

Vinod Koirala, Ramkrishna Khatri, Harisharan Shrestha, Ramkaji Shrestha and Badriprasad Humagai of Kavre Malpot for providing loans from the then Sunrise Bank by securing land mortgages exceeding the limit and Pawan Acharya of Guthi Sansthan Kavre and for working as matiars the then Chief Executive Officer of Sunrise Bank Kishore Maharjan, Assistant General Manager Nita Pradhan, Risk Department Officer Sujit Pokharel, Branch Manager Rajeev Sapkota, Officer Mamta Parajuli has also been demanded imprisonment and fine. 

13 other employees of Kavre Malpot have also been made defendants in the writ petition. 3 months to 1 month against the then officer of Malport Office Prem Bahadur Desar, branch officer Navraj Basnet, Nashuru Ramkrishna Khatri, Kedarnath Bhattarai, Vinod Koirala, Bishnu Prasad Homagain, Ramkaji Shrestha, Harisharan Shrestha, Ramprasad Satyal and Krishna Prasad Sapkota and buyers Badri Prasad Humagain, Pushpakumar Paudel and Roskaji Jaspau for the offense of preparing 'wrong document' under section 9 of Prevention of Corruption Act 2059 Imprisonment for up to a year and a fine ranging from 10,000 to 50,000 rupees have been demanded.

Case against two companies and 28 individuals to confiscate 554 plantations

The Authority has filed a case against two companies and 28 individuals who illegally bought and sold demarcated land in their names for the purpose of confiscation of land. They have been made defendants to confiscate 554 ropani 5 annas 1 paisa land of Banepa bought and sold through Patanjali.

According to the indictment filed by the authority in the special court, Patanjali Yogpeeth and Ayurveda Company Nepal and Susampann Housing have been made defendants.

Similarly, a case has been filed against Bhojraj Sharma Wagle, Jeevanraj Kandel, Omprakash Vansal, Laxman Karki, Guptraj Koirala, Damodar Adhikari, Mlang Dong Tamang, Namita Bhandari, Nirmala Paudel for the purpose of confiscation of land.

The authority has filed a case against Badribhakt Naaiva, Vasudev Thapa, Yadav Prasad Joshi, Rakesh Suwal, Rajesh Twayna, Rajesh Sand, Roshni Lakshmi Tuitui, Laxmikeshari Zakibanjar and Surendra Kumar Koirala for the same purpose. Similarly, Shivhari Thapa, Amit Shrestha, Tulsiram Suwal, Narayanakrishna Joshi, Nhucheratna Khaitu, Prakash Khaiju, Meenu Suwal, Vikram Prajapati, Shivnath Twana Basu and Manju Kawan have been made defendants by the authority.

Lawsuit also filed against buying and selling of land in Dhulikhel

Authority has also filed a case against 2 companies involved in illegal sale and purchase of exempt land in Dhulikhel and the employees of Dhulikhel. In the name of 'Chautarama Pvt Ltd', more than 85 ropani 3 annas 2 dams of land has been purchased and brought illegally in the name of Patanjali, and further punishment has been demanded for the employees of Chautarama, Patanjali and Malpot.

The authority has demanded a lump sum fine of 51 lakh rupees against the then District Malpot Chief Ved Prasad Aryal, Officer Umeshraj Dahal, Naib Subbas Tulamani Rajbhandari, Jivaraman Upreti and Mohan Prasad Parajuli in the said offence, as well as fine and imprisonment.

Chautara Pvt Ltd and its founding members Vishwaratna Shakya and Shekhar Kumar Rana have also made the same bigo demand. Radheshyam Sarraf, the founder of Patanjali Nepal, has been made a defendant and a demand of Rs 51 lakh has been made for acting as a broker in land embezzlement. Due to his death, the authority has made his son Arun Kumar a defendant to recover the fine and an amount equal to the amount.

Indian yoga guru Ramdev's Patanjali Yoga Peeth and Ayurveda Company purchased 593 ropani 5 annas 3 paisa of land in Nasikasthan, Sanga, Mahendrajyoti and Chalal Ganeshsthan areas under Banepa municipality of Kavre in 2066 to open the industry. The cabinet meeting on 18th January 2066 gave approval to Patanjali to buy the land. But less than two months after that, on 6 March 2066, the then Prime Minister Madhav Kumar Nepal made another decision from the Council of Ministers and opened the way for the sale of land.

Patanjali then sold land to various individuals and housing companies. When illegal purchase and sale of demarcated land was allowed in the Nepal-led cabinet, Shrestha was the land reform minister, Singh was the law minister, Ghimire was the chief secretary and Pant was the land reform secretary. In this case, their serial involvement has been seen.

Patanjali Nepal chief Singh addressed Minister Shrestha on 17 February 2066 asking for permission to sell the land bought at a limited discount. After that, a file was created through a step-by-step process and the proposal was taken to the Council of Ministers. The then Prime Minister of Nepal instructed the then Prime Minister Shrestha to open the way for the sale of restricted land bought by Patanjali, which Minister Shrestha mentioned in the 'Proposal to be submitted to the Council of Ministers', the Authority has included this fact as an illegal act done by Nepal as the Prime Minister.

Approving the proposal sent by the ministry on 1 March 2066, the then Minister Shrestha wrote a comment with his opinion that 'as the Honorable Prime Minister has given a verbal instruction to bring a proposal for approval to sell and lease the land as per the request of the petitioner, it is approved to be submitted to the Council of Ministers accordingly'.

After that, the Council of Ministers decided on 6th Chait to give approval to Patanjali Yogpeeth and Ayurveda Company Nepal to sell land in excess of the limit. 12 days after that, on 18 March 2066, the then Prime Minister of Nepal purchased 88 ropani land in Dhulikhel and laid the foundation stone of the structure to be built by Patanjali.

Keshar Bahadur Baniyan, then Director General of Land Reforms Department, said that he did not cooperate with the implementation of the decision of the Council of Ministers and returned the file to the Ministry. Later, on 26 March, the Council of Ministers again urged to implement the previous decision, but could not proceed. Banian was removed from office on March 27 for challenging the decision of the Cabinet. After that, joint secretary Jit Bahadur Thapa was given the responsibility of director general from the ministry and the land sale process was started in a planned manner.

The authority conducted a detailed investigation with the accused and took a statement from the former Prime Minister of Nepal in the first week of March last year. The then Land Reforms Minister Shrestha, who was made a defendant in this case, has passed away on 30 October 2081.

Former Chief Secretary Ghimire, who was made a defendant in this case, is missing after falling into the Trishuli river in a road accident in 2073. Radheshyam Sarraf, who was made a defendant in the Patanjali case, has passed away. In the case of the deceased, the prison sentence will be waived, but in the case of Bigo, a case has been filed with three of his close relatives as defendants. 

Former Secretary Sharda Prasad Trital says that filing a case with the then prime minister of Nepal as a defendant in Patanjali land embezzlement is a 'historic' decision and a 'courageous' decision by the authority.

"In the past, the chief decision-maker escaped by exposing the staff level, and when the chief was taken to court and the rest were prosecuted, the credibility of the authority was questioned, but this time the fate did not repeat itself, the chief has become the defendant," says former secretary Trital, "this is a clear example that those who exploit the state under the guise of policy will one day fall into the legal trap. The Patanjali case is a clear indication that those who have committed corruption will gradually have their turn." given.'

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