A joint bench of Justices Vinod Sharma and Abdul Aziz Musalman ordered the matter to be sent to the full bench, saying that the writ raised a serious question of constitutional interpretation.
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The writ petition against the then Attorney General Savita Bhandari's decision to amend the charge sheet related to money laundering and organized crime, including Rastriya Swatantra Party President Ravi Lamichhane, has been ordered to be sent to a full (three-judge) bench.
A joint bench of Justices Binod Sharma and Abdul Aziz Musalman ordered the writ petition to be sent to a full bench, saying that the writ petition raised a serious question of constitutional interpretation. The debate, which began on Monday, ended on Sunday.
The writ petition, filed by senior advocate Dinesh 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 on 10 Poush 2082 to amend the charge sheet so that the claims of 'organized crime' and 'money laundering' in the cases filed against Lamichhane in the Kaski, Kathmandu, Rupandehi and Parsa district courts would no longer stand.
The decision argued that Lamichhane was charged on the basis of political vendetta and that the interests of 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 effectively an act of 'withdrawal of the case'.
The writ petition claimed that such a decision was wrong when Section 116 of the Code prohibits the withdrawal of money laundering cases.
