What does it mean to issue an arrest warrant when they are abroad? How will the investigation against the Deuba couple proceed now? And what needs to be done to bring them to Nepal? Let's understand this issue through five questions and answers.
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The Kathmandu District Court has issued an arrest warrant against former Prime Minister Sher Bahadur Deuba and his wife, former Foreign Minister Arju Rana Deuba. This is the second arrest warrant issued in the name of the former Prime Minister after Balendra Shah came to power.
The bench of Judge Mahendra Karki granted the arrest warrant on Tuesday based on a letter from the Money Laundering Investigation Department. With this, the Deuba couple will now be officially listed as absconders in the police record. However, both the Deuba couple are currently abroad.
What is the meaning of issuing an arrest warrant when they are abroad? How will the investigation against the Deuba couple proceed now? And what should be done to bring them to Nepal? Let's understand this issue through five questions and answers.
In which case was the arrest warrant issued against the Deuba couple?
An arrest warrant has been issued against the Deuba couple on charges of money laundering. The investigation has been launched after the investigating agency found that the movable and immovable properties in the name of the Deuba couple were acquired unnaturally. The arrest warrant has been issued in the backdrop of the fact that the Gauri Bahadur Karki-led inquiry commission has also recommended the government to conduct a detailed investigation into the amount found during the raid on Deuba's house.
How is a money laundering investigation conducted?
A money laundering case is different from a normal criminal case. The answers to three main questions are sought here: From what source did the property come? Was that source illegal or not? And if so, what means were used to 'clean' that property and make it legitimate?
To prove this, the police and the Money Laundering Department look into banking transactions, examine details of international transactions, conduct a detailed investigation of land documents, and question the relevant persons. Currently, direct questioning is difficult when the Deuba couple is abroad, but the investigation should not be stopped just because the person is abroad. A legal question arises here: According to the Money Laundering Law amended on Chaitra 30, 2080, money laundering is not considered an independent crime in itself, but a 'byproduct' crime that arises after an offense. The argument is also being raised that no main case has been registered against the Deuba couple so far.
What does it mean to issue an arrest warrant?
An arrest warrant is a permission given by the court to the police or an investigative agency to arrest a person suspected of being involved in a crime. Such permission is given only after the court finds that the basis for the investigation is legal. There is another reason for issuing an arrest warrant in the case of the Deuba couple. That is, to pave the way for issuing a red notice through Interpol to bring the Deuba couple under investigation since they are outside the country. According to a Home Ministry source, this arrest warrant has been issued as the first formal step for the red notice, and the police administration has already started the process of preparing it.
What is a red notice and how does it work?
Nepal is a member country of the International Police Organization (Interpol). There are 195 countries in the world that are members of Interpol. When a person flees abroad to escape criminal investigation, a red notice can be issued through Interpol to search for and arrest such a person.
The head of Interpol's National Central Bureau (NCB) in Nepal is the Inspector General of Police ex officio. After the investigating agency registers a crime, it obtains an arrest warrant from the court and the letter with the warrant is sent to Interpol through the NCB secretariat. Interpol, after examining the details, issues a red notice and circulates it to the NCBs of all member countries around the world if it deems it necessary. After the red notice is issued, the police of any member country, including Singapore, are requested to arrest the person if he is found on their territory.
Just because the red notice is issued does not mean that the Deuba couple will automatically be brought to Nepal. A red notice is just a kind of international information and request, not an order to arrest him. The decisive factor is whether there is an extradition treaty between Nepal and the country concerned. Currently, there is no such treaty between Nepal and Singapore. Apart from that, whether the nature of the accusation is political or criminal also affects the decision of the country concerned. Diplomatic relations and the will of the governments of both countries are also decisive. The country concerned cannot bring it against its will. Therefore, the case of the Deuba couple may now become not only a legal but also a diplomatic issue.
Will the investigation proceed even if the Deuba couple does not come? What will happen now?
According to police officials, whether the person is inside the country or abroad, the investigation process is ongoing at its own pace. In criminal cases, the police initially search for the accused and take them into custody for investigation. In cases where it is found that he has absconded and gone outside the country, Interpol's help is sought. In cases where a case has been registered, the remaining process is taken forward after the accused appears. Now, there is a possibility that the investigating agency will proceed with the red notice process through Interpol, for which the NCB Secretariat will send a request to Interpol through the Inspector General of Police's office. After that, Interpol will review and issue a notice and may inform all member states, including Singapore.
