Supreme Court spokesperson Arjun Koirala informed that the matter was kept under review as the debate continued on Tuesday.
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The writ petition against Attorney General Savita Bhandari's decision to amend the charge sheet related to money laundering and organized crime involving National Independent Party President Ravi Lamichhane has been scheduled for presentation on Thursday. The hearing was postponed after the arguments continued on Tuesday, informed Supreme Court spokesperson Arjun Koirala.
The arguments on behalf of the writ petitioner, which began on Monday, have concluded. Senior advocates Dinesh Tripathi, Surendra Bhandari, Tikaram Bhattarai, advocates Tika Kunwar, Upendra Raut and Anupam Bhattarai argued on behalf of the writ petitioner. Advocate Bhattarai informed that arguments were held on behalf of the writ petitioner on Monday and Tuesday and the government prosecutor will argue from Thursday.
Now Attorney General Bhandari Baral will argue in her defense, while the government prosecutors will argue in their defense after them. After that, the legal practitioners of Rashtriya Swayamsevak Sangh (RSS) President Ravi Lamichhane will argue. The case is being heard with priority in the bench of Justices Binod Sharma and Abdul Aziz Musalman. Earlier, the bench of Justices Sharanga Subedi and Sunil Kumar Pokharel had ordered to call for the file after hearing the arguments for three days.
The writ petition filed by senior advocate Tripathi, law students Ayush Badal and Yubaraj Poudel Safal sought to quash the decision of the Attorney General's Office, calling it 'prima facie illegal, malicious and arbitrary'.
Attorney General Bhandari had decided to amend the charge sheet on 10 Poush 2082 against Lamichhane in the cases filed against him in the Kaski, Kathmandu, Rupandehi and Parsa district courts so that the claims of 'organized crime' and 'money laundering' would not stand.
In the decision, the argument was presented that Lamichhane was charged on the basis of political vendetta and that the interests of the savers should be given priority. Although Section 36 of the Criminal Procedure Code was made the basis for the amendment of the charge, the writ petitioner claimed that this was in practice an act of ‘withdrawing the case’. The writ claimed that such a decision was wrong when Section 116 of the Code prohibits the withdrawal of cases related to money laundering.
The writ states that granting immunity in serious economic crimes like money laundering will put Nepal on the blacklist of the International Financial Action Task Force and this will cause irreparable damage to the country.
It has also been argued that amending the charge in cases such as organized crime and money laundering that cannot be settled will deprive thousands of savers of their right to justice.
