The then Attorney General Pokharel had decided not to prosecute Lamichhane in the passport dispute on Chaitra 2079. Yubaraj Poudel (Successful) had filed a writ petition in the Supreme Court against the Attorney General's decision.
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The case related to misuse of passport by Rashtriya Swayamsevak Sangh (RSS) President Rabi Lamichhane has been scheduled to be heard before a joint bench of Supreme Court judges Sapana Pradhan Malla and Nripadhwaj Niraula.
The final hearing has been scheduled for the writ petition filed on Chaitra 20, 2079 against the then Attorney General's decision not to prosecute the passport misuse case.
Yubaraj Poudel (Safal) had filed a writ petition demanding that a case be filed against Lamichhane for the passport offense. He had filed the writ petition stating that Attorney General Dinmani Pokharel's decision not to prosecute Lamichhane was against the law.
Earlier, the Supreme Court has decided to summon the file three times in this case. The Supreme Court, which issued a show cause order on Chaitra 22, 2079, had ordered the file to be summoned on Jestha 9, 2080. The court has sought the reason for the decision not to prosecute Rabi Lamichhane in the passport dispute from the Attorney General's Office and after receiving the decision, a double hearing is going to be held.
The then Attorney General Pokharel had decided not to prosecute Lamichhane in the passport dispute on Chaitra 2079. Safal had filed a writ petition in the Supreme Court against the Attorney General's decision. In the writ, he had also sought an interim order to prosecute Rabi Lamichhane in the passport dispute. However, the Supreme Court had refused to grant an interim order.
He has argued that it is unreasonable for the Attorney General to decide not to prosecute Rabi Lamichhane, even though it is not in dispute that obtaining a Nepali passport by filling out a passport application form stating that he is a Nepali citizen despite being an American citizen, is an act and an offense against Section 5 (b) of the Passport Act, 2024.
Poudel has also claimed that the Attorney General went beyond his jurisdiction and concluded that Lamichhane did not have a criminal intention in obtaining the passport.
