With the order of the Kaski District Court, only the charges of cooperative fraud against the defendants, including Rashtriya Swayamsevak Sangh (RSS) President Rabi Lamichhane, will remain intact, while the charges of organized crime and money laundering will be dropped.
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The Kaski District Court has allowed the amendment of the main, additional and supplementary charge sheets related to the Surya Darshan Cooperative Fraud case. The bench of District Judge Him Lal Belbase, after hearing the arguments of both sides on Friday, ordered the amendment of the charge sheet as per the demand of the Government Attorney's Office.
With this order of the court, only the charge sheet of cooperative fraud against the defendants including Rashtriya Swayamsevak Sangh (RSS) President Ravi Lamichhane will remain intact, while the claims of organized crime and money laundering will be dropped.
Earlier, two applications were registered for amendment of the charge sheet in three separate cases filed against Gitendra Babu (GB) Rai and Chhabilal Joshi, among others, as defendants. As per the directions of the Attorney General's Office, the District Attorney's Office, Kaski, had filed an application in the court seeking amendment of the charge sheet under Section 36 of the Code of Criminal Procedure, 2074 BS.
The petition was argued by Rudra Prasad Panthi, Associate Attorney of the High Government Attorney's Office Pokhara, Deputy Attorney Swatantra Neupane, and District Attorney Kamala Kafle, District Attorney of the District Government Attorney's Office Kaski, along with Assistant District Attorneys Sujata Poudel and Deepak Aryal. The defendant was argued by Senior Advocate Rohit Raj Bastola and Advocates Priti Pandey and Ramesh Giri.
The court has stated in its order that the main issue of the case is the easy and speedy return of the savings of the aggrieved complainants. The bench has held that the amendment was not claimed in the initial charge sheet and the complainants themselves did not have any demand for it, so the process of reconciliation between the complainants and the defendants will become more complicated if the complainants do not amend the charge sheet.
Stating that the procedure prescribed by law is only a procedural basis for obtaining justice and that it cannot defeat the essence of justice, the court has clarified that there is no malice in the prosecutor's request for amendment.
Earlier, the court considered that the decision to amend only in the case of defendant Ravi Lamichhane was erroneous and approved the process of correcting the error in the case of other defendants as well. The court has ordered that this amendment order be considered an integral part of the original, additional and supplementary charge sheets related to the case and that it be made as per the rules by attaching the file.
Kaski District Court Registrar Rajan Khanal informed that the legal process of the case will proceed with the court order. "As requested by the Government Attorney's Office, the husband has ordered to amend the charge sheet to retain only the charge sheet of cooperative fraud and remove the claims of other organized crimes and money laundering," said Registrar Khanal. "Following this court order, the remaining legal proceedings in the case will now proceed based on the amended charge sheet."
