There are past examples of the Attorney General's Office not moving the process forward despite the police recommending an investigation and prosecution. But the government, which was formed on the foundation of the Gen-G rebellion, which raised questions about corruption and incompetence against the previous government, has continued the same trend.

The legal advisor (Attorney General) of the government led by the former Chief Justice, Savita Bhandari, has become controversial by acquitting a company she invested in in the crime of egg smuggling. Despite the police investigation confirming that ‘Hope Fertility’ was extracting eggs from teenage girls and selling them at a high price, the Attorney General’s Office decided not to prosecute the case on 31 Asoj. Bhandari, who has taken an oath to protect justice, made this decision with her own signature.

It is stated that the Attorney General or a government lawyer under him/her ‘shall represent the Government of Nepal in cases in which the rights, interests or concerns of the Government of Nepal are involved.’ Article 158 (2) of the Constitution states, ‘Except as otherwise provided in this Constitution, the Attorney General shall have the final authority to decide whether or not to prosecute a case on behalf of the Government of Nepal before any court or judicial body or authority.’ This authority has been misused by the Attorney Generals.

In the past, the Attorney General's Office often decided not to prosecute cases based on political 'connections', but Bhandari has acquitted herself in a case involving her own organization. Bhandari has a 23 percent founder's share in Babarmahal-based 'Hope Fertility', which is linked to egg smuggling. The head of Hope, Dr. Swasti Sharma, who was involved in the investigation by the Central Investigation Bureau (CIB) of the police, is Bhandari's daughter, Sanima. Bhandari's daughter, Dr. Pratyusha Baral, also works at Hope. The police had also investigated Hope's Dr. Malina Chaudhary, Ashmi Adhikari, Justina Pradhan and Alisha Oli.

Middlemen used to take girls to 'Hope Fertility' for 10 thousand each and extract eggs illegally. The police investigation revealed that the girls' eggs were sold for up to 2 million rupees. From the third day of menstruation, the girls were given hormone 'injections' and the parents were not informed about the extraction of eggs.

Provincial Minister acquitted under the guise of power

Leelaballab Adhikari, the then Law Minister of the Koshi Provincial Government, had flown to Japan on 13 Kartik last year along with three unrelated youths as per the plan of a human trafficking gang. After the documents appeared suspicious, the Japanese immigration authorities sent them back to Kathmandu from the airport. At that time, Adhikari had left for Japan without the permission of the Nepal government and the provincial government.

Adhikari resigned from the post of minister after it was revealed that he had gone to Japan as part of the gang's plan. He was pressured from all sides after he was refused to investigate. The police finally arrested him on 25 Kartik 2081 and started investigating him.

After the police investigation, the District Attorney's Office decided on 10 Mangsir 2081 not to prosecute the Adhikari, citing 'insufficient grounds and evidence', which was upheld through the High Attorney's Office to the Attorney General's Office. Adhikari was acquitted when a case was filed against 11 other people arrested for the same offense in the Kathmandu District Court. At that time, Ramesh Badal was the Attorney General and UML President KP Sharma Oli was the Prime Minister. The officer is a member of the UML's provincial assembly.

Exoneration efforts in the children's temple land case

Another case involving former Attorney General Badal is the misuse of children's temple land. Congress leader Prakash Man Singh's sister and former president of the children's organization Rita Singh Vaidya was the main accused in this. The police had issued an arrest warrant against 20 people including Vaidya on 27 Baisakh 2081. Along with Vaidya, Tulsi Narayan Shrestha, Ganesh Bhakta Shrestha, Krishna Shankar Shah, Shyam Kumar Ale, Subash Kumar Pokharel, Gopal Shrestha, Prachanda Raj Pradhan, Ramkaji Kone and Yogendra Bahadur Shahi were also included.

Arrest warrants were also issued against Deepak Das Shrestha, Chiranjeevi Tiwari, Praveen Raj Joshi, Murarinidhi Tiwari, Purushottam Raj Joshi, Shraddha Sedhai, Amin Singhania, Siddhartha Kedia and Kirti Prasad Pandey. However, only the former vice-president of the children's organization, Tulsinarayan, was arrested.

The CIB, after completing the investigation, submitted the file to the District Attorney's Office in the second week of last Magh. The District Attorney's Office decided not to prosecute the case, saying that there was not enough basis and reason to investigate the case on fraud and other criminal charges. After widespread opposition, the then Attorney General Badal decided to prosecute the case and returned it to the district. Then, on April 25, a case was filed in the Kathmandu District Court, which is under consideration.

Rita Singh Vaidya was the president of the children's organization for 27 years from 2049 BS. During her time, out of the 119 ropani 12 annas 3 paisa land in the name of the children's organization (Balmandir), 28 ropani 5 annas 1 paisa was leased to Brihaspati Vidya Sadan. Out of the land leased by Brihaspati, 5 ropani of the land was leased to Rai School from 2076 BS. An agreement was made with Brihaspati in 2059 BS to lease the land until 2089 BS. With 17 years remaining on the agreement, a new agreement was signed on 3rd Shrawan 2072, allowing Brihaspati to use the land for an additional 38 years.

Case not filed against former DIG Silwal in forgery 

Former DIG of Nepal Police and then UML MP Nawaraj Silwal also received immunity under the guise of power in the performance appraisal forgery case. Attorney General Badal, who was in the government led by UML Chairman Oli, had decided not to file a case on 10th Jestha 2078. This decision was also upheld after reaching the Attorney General's Office via the District Government Attorney's Office, the High Government Attorney's Office in Patan. In 2073, the Supreme Court had ordered an investigation by filing a fake case against Silwal because the performance appraisal form was corrected when the Inspector General of Police claimed that it was fake. It was decided not to file a case on the grounds that former DIG Silwal, who was accused of forgery, had not received any benefit. 

After the then government decided to make Jaya Bahadur Chand the Inspector General of Police, Silwal filed a writ petition in the Supreme Court claiming that he was qualified. After losing the case in court, Silwal joined the UML. 

Rabi Lamichhane's passport forgery case not prosecuted 

RSPB President Rabi Lamichhane, who is currently in custody awaiting trial for cooperative fraud and organized crime, was acquitted in the passport forgery case two and a half years ago. At that time, Pushpa Kamal Dahal was the Prime Minister and Dinmani Pokharel was the Attorney General. Based on the report received from the District Attorney's Office and the High Attorney's Office, the Attorney General's Office decided on 6 Chaitra 2079 not to prosecute Lamichhane for passport forgery. The fact that Lamichhane had been using both Nepali and American passports had already come to light at that time. 

A case was also filed against Lamichhane for using his old Nepali citizenship instead of obtaining Nepali citizenship through a new process after renouncing his US citizenship. After the Supreme Court ruled that the citizenship he was using was illegal, Lamichhane lost his ministerial, MP and party president posts. He immediately went to the District Administration Office and obtained Nepali citizenship through a new process. This dispute is pending in the Supreme Court. In the passport case, the government was criticized for granting immunity based on the then political equation. 

Initiative for immunity in the murder of journalist Dekendra Thapa

Journalist Dekendra Thapa from Dailekh was kidnapped by the then Maoist cadres on 12 Ashad 2061 and murdered on 27 Shrawan 2061. 

Dekendra's wife Laxmi Thapa filed a complaint at the Dailekh District Police Office on 6 Ashad 2065, demanding legal action against those involved in the incident. But no investigation was carried out on this. The police immediately arrested Laxhiram Gharti Magar, Nirak Bahadur Gharti Magar, Bir Bahadur KC, Hiralal Pun Magar, and Jaya Bahadur Shahi on December 19, 2069, and proceeded with the investigation process. While the investigation was ongoing, the then Attorney General Mukti Pradhan wrote a letter to the District Police and the Government Attorney's Office on December 27, 2069, not to proceed with the process in the file. His argument was that the conflict-era cases should be handled by the transitional justice mechanism and that the use of criminal law would disrupt the peace process. At that time, the then Maoist leader Baburam Bhattarai was the Prime Minister. 

When the investigation did not proceed, the family went to the Supreme Court. The Supreme Court ordered the investigation to proceed on January 12, 2069. After the investigation was completed, a case was filed in the Dailekh District Court. The court sentenced the main accused, Bam Bahadur Khadka alias Arun, Bam Bahadur Khadka alias Mukti, and Keshav Khadka to life imprisonment. 

MP acquitted on charges of violence against minors

Kathmandu Metropolitan City team rescued a minor girl who was being exploited at Lumbini Provincial Assembly member Rekha Kumari Sharma's house in Baluwatar and filed a complaint with the District Police on 30 Jestha 2081. The police completed the investigation and submitted a report to the District Public Prosecutor's Office. 

The Public Prosecutor's Office decided not to prosecute Sharma and submitted a report with its opinion to the High Public Prosecutor's Office. The High Public Prosecutor's Office also upheld the district's decision and submitted the file to the Attorney General's Office. Then on 2 Falgun 2081, the then Attorney General Ramesh Badal decided not to prosecute. Sharma was a UML Provincial Assembly member, while Badal was the Attorney General appointed by the then Prime Minister KP Sharma Oli. 

Kathmandu Metropolitan City Mayor Balendra (Balen) Shah had attacked the then Prime Minister Oli on social media for trying to protect MP Sharma. 

Pancha Singh released

Raj Bahadur Malla of Kalikot was murdered on 26 Falgun 2065 in a dispute over the issue of the Independent Students Union elections in Birendranagar, Surkhet. Even though Raj Bahadur's father filed a complaint, the investigation was not taken forward. The matter suddenly came into the limelight after an arrest warrant was issued against six people on 7 Magh 2080. Pancha Singh, the then president of Akhil Krantikari, was also among those who issued the arrest warrant.

When the District Police Office, Surkhet, investigated and submitted a report to the Public Prosecutor's Office, the District Public Prosecutor's Office decided not to prosecute Singh. This decision was upheld by the High Public Prosecutor's Office and even by the Attorney General's Office. At that time, Maoist Chairman Pushpa Kamal Dahal was the Prime Minister, and Dinmani Pokharel, who was appointed as the Attorney General on his recommendation, was the one appointed.

Investigation against Alam after Supreme Court's warning

Congress leader and former minister Mohammad Aftab Alam was accused of burning the injured in the bomb blast that took place in Rajpur, Rautahat on 27 Chaitra 2064 in a brick kiln. But the District Attorney's Office decided not to prosecute the case. The then appeal was upheld by the Attorney General's Office.

When the decision not to prosecute Alam was made on 30 Ashad 2065, the Attorney General was Yagyamurthy Banjade. The government was led by the Congress. On 21 Shrawan 2065, two people including Narayan Singh Rajput filed a writ petition in the Supreme Court on behalf of the victim's family. Four years later, on 16 Jestha 2069, a bench of the then Justices Sushila Karki and Bharat Bahadur Karki issued a mandate to proceed with the investigation into the case, holding that the Attorney General did not have the discretionary power to prosecute or not. Alam was arrested on 26 Ashad 2076. After the case progressed, the district court found him guilty. But he was acquitted by the high court. Amal, who was released after being acquitted, passed away a few days ago.

Why are controversial decisions made?

Former Supreme Court Justice Balram KC, Attorney General, says that controversial decisions are made because of the constitutional system of political appointments. ‘It depends on how a person is appointed, the constitutional provisions are also to blame, this happened because a political person was given the responsibility of deciding the case,’ he says.

Former Attorney General and senior advocate Raman Kumar Shrestha says that since the Attorney General is a political position appointed at the request of the Prime Minister, there is pressure. He says that he should be able to say whether he will get into a controversy or not do something that is not allowed by law. ‘The Attorney General is the legal advisor to the Prime Minister. There is political pressure, but he should be able to withstand it,’ he says, ‘That position is political. I too have been under pressure in many cases since Resham Chaudhary was involved. If it is not possible, you should say no, or if there is a direct interest involved, you should say no.' He says that such decisions can be stopped if the Attorney General wants to.

Who made a mockery of the law

Savita Bhandari

- Her own company 'Hope Fertility' acquitted of egg smuggling charges

Ramesh Badal

- Koshi's then Law Minister Leelaballabh Adhikari, who took young people to Japan to be smuggled, acquitted

- UML state MP Rekha Kumari Sharma acquitted on charges of violence against minors

Dinmani Pokharel

- On the morning of the day when then Prime Minister Pushpa Kamal Dahal was to take a vote of confidence in Parliament, the decision not to prosecute RSP President Ravi Lamichhane for forging a passport 

Mukti Pradhan

- Police directed not to investigate the accused in the murder of Dailekh journalist Dekendra Thapa

Yagyamurti Banjade

- Decision not to charge Congress leader Mohammad Aftab Alam, who threw a bomb blast injured youth alive into a brick kiln