Reluctance to appeal judgment acquitting home officer on visit visa

Even though the arrested immigration officer revealed the facts about the 'setting' in the statement, the district court acquitted 17 people, including nine immigration officers, by convicting only three people from the middleman group.

Shrawn 18, 2082

Matrika Dahal

Reluctance to appeal judgment acquitting home officer on visit visa

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The High Public Prosecutor's Office, Patan, has refused to appeal against the acquittal given by the District Court Kathmandu to nine officers of the Tribhuvan International Airport Immigration Office, who were accused of conspiring with a gang to send Nepalis abroad under the cover of visit visas and committing organized crime. Although the District Public Prosecutor's Office sent a letter to the High Public Prosecutor's Office three weeks ago with a 'draft of appeal', the process was not carried forward.

The full text of the decision of the district court in the case of visit visa was published on 16th June 2082. If you are not satisfied with the decision, you should appeal within 70 days of the publication of the full text. District Court came to the conclusion that 'facts and evidence were wrongly decided' and the District Public Prosecutor's Office recommended the High Public Prosecutor's Office to appeal. Although the appeal deadline is less than a week away, the High Public Prosecutor's Office has not made any preparations.

After it was found that the operators of the travel agencies and middlemen were taking money from the airport employees and extorting money from visiting visas, on January 18, 2080, a case was filed against 9 immigration officers and 22 people, including 13 of the gang, in the District Court of Kathmandu on charges of racketeering and organized crime. But on 14 November 2081, the bench of District Court Judge Ram Prasad Sharma convicted only three people of the middleman group and acquitted 17 people including nine immigration officers. The case of two people was decided to be adjourned. 

The district court only found guilty of ``seeking people'' and ``preparing fake documents'' to submit for visit visas. Three people who were convicted in Kirte were acquitted of organized crime charges.  The court raised questions about the case being investigated by the Nepal Police and prosecuted by the District Public Prosecutor's Office in relation to

and organized crime. The court gave an unnatural explanation that 'this case cannot be investigated by the police and the abuse of authority investigation commission has jurisdiction over it'. The court has explained that there is no "victim party" in the case of smuggling related to visit visa and "the fact that the employee took money while sending people on visit visa could not be confirmed". But the arrested gang members and an immigration officer revealed that they understood the amount in the statement.

On 14 October 2080, 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 immigration officers Narveer Khadka, Tara Bahadur Kunwar, Kushal Baral, Shailendra Dhakal, Bimal Paudel, Vishnu Aryal, Vikas Dangol, Pitambar Rimal and Sujan Fago in opening the line of visit visas in the gang's setting. 

During the investigation, it was found that the group of Geeta Shah and Arun Dahal, who were acting as middlemen, had created fake documents including work permits and police reports in the setting. A month later, on 17 November, Shah and Dahal were arrested. The next day, on December 18, Saroj Kumar Yadav, the owner of the travel agency, was caught. On 26 December, immigration officer Narveer Khadka was arrested from a hotel in Sinamangal with 2 lakhs. The next day, travel agency owner/employee Padam Lama and Manoj Tamang, Vinod Karki was arrested on 5th December. Eight other immigration officers were absconding as the investigation progressed. The investigation revealed that Shah, who was acting as a middleman, faked the police report and the work permit to Dahal, then Dahal passed it on to Saroj Yadav of Travel and after Yadav gave the list to Khadka, the immigration officer, he opened the line to go to the visit visa from immigration in the 'setting'. During the

investigation, Khadka, the immigration officer, had clearly revealed the fact that how the line is opened in the 'setting' and the money is collected. During the statement, Khadka himself revealed the fact that "travel agency owners Saroj Yadav and others" take 10,000 to 15,000 per person from men and 40,000 to 50,000 from women to send groups of 10 to 20 people and sometimes 100 to 150 people at a time. It was revealed that eight other officers also worked in the same 'setting'. 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 a day for doing this work.

Khadka had told the police in a statement that he had received 2 lakh rupees from Manoj Tamang from the hotel in Sinamangal for 'facilitating'. But the court acquitted the travel operator who collects money and arranges to send people to the gang network and runs the business by showing 'lack of evidence'. The district court has said in the judgment that if the immigration officer took a bribe, the investigating agency is not the police but some other agency (jurisdiction). Similarly, the judgment also mentions that the offense of organized crime against the defendants is not confirmed. "These defendants created a permanent organized structure for the benefit of the criminal group, under the instructions of the criminal group, on behalf of the criminal group, and as no concrete evidence has been submitted by the plaintiff to confirm the fact that the offense included in the case is an offense of organized crime." Ramesh was transferred to the Ministry of Home Affairs as the writer's 'insider'. Later he was active as a 'hartakarta staffing airport immigration'. It was revealed how Paudel became a perpetrator after the arrest of Tirtharaj Bhattarai, the head of airport immigration and joint secretary of the Ministry of Home Affairs, in the case of human trafficking under the guise of a visit visa. Bhattarai was detained by the Abuse of Authority Investigation Commission from the airport. According to the Authority, a detailed investigation is being conducted in the latest case related to visit visa. 

After the full text was published, the District Public Prosecutor's Office sent a letter to the High Public Prosecutor's Office in the last week of June demanding the sentence against the defendant for organized and organized crime as mentioned in the indictment. Ramhari Sharma Kafle, chief and co-lawyer of District Public Prosecutor's Office, Kathmandu, said that the district's decision was flawed. "The decision made by the district court in the case related to the case of visit visa smuggling is invalid," he said, "We have sent a letter to the High Public Prosecutor's Office with a draft to appeal so that the punishment should be as per the demand mentioned in the indictment." We do not know whether there has been an appeal from there.' Shankar Khatri, head of the High Public Prosecutor's Office Patan and associate attorney, could not be contacted.

Other news about the visit visa case 

Committee formed to investigate the 'visit visa' case, disagreement between the two opposition parties

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


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