If our country has the rule of law, if it is truly a legal state, then the Attorney General should investigate the government lawyer who is not prosecuting the case wrongly without waiting for anyone's complaint.
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Leelaballabh Adhikari, the then Home Affairs and Law Minister of Koshi Province, is also Chalti's advocate. He was elected as a member of the Provincial Assembly of Morang-2 for the second time. The official, who is also the spokesperson of the Koshi government, went to Japan for the program on November 11.
He was also detained at Narita Airport for 48 hours and sent back to Nepal. Arrived in Nepal on 16th November. He resigned as a provincial minister after his visit was criticized as being against diplomatic decorum.
He was also investigated for human trafficking. The police sent a missile with an opinion to the public prosecutor to file a case. District Attorney Sitaram Aryal, the public prosecutor of Kathmandu, acquitted him saying that there was not enough evidence to file a case against him.
The officer was immediately released from custody. Although the police had the opinion to file a case against 12 people including the officer, the public prosecutor filed a case against only 11 other than him. The legal system of Nepal is that after the investigation by the police, it is entrusted to the public prosecutor of the district to decide whether or not to prosecute.
In general, the law envisages that all officials, including public prosecutors, perform their duties honestly. But in Nepal, it has become common to sometimes fail to comply with legal obligations. Sometimes the police fail in crime investigation and sometimes the public prosecutor.
The case was not started at first due to the negligence of the public prosecutor for committing fraud in making the government land of Lalita Niwas private. On 9 different grounds, it has been decided not to prosecute the leader of the UML, the former Minister Adhikari. It is said that the police's opinion that the case should be prosecuted is a matter of power.
It is seen from the photo that the people sending and going to Japan are sitting with the officer outside the airport. Telephone contact has been made. In such a situation, saying that you only know Hong Kong and Japan after you arrive is an attempt to avoid guilt. If the Japanese police had not stopped after reaching Japan, these officers would have reached the venue.
would have happened even if you had participated in the predetermined program, why didn't you go? Is the invitation based on contributions? What is the reason why the organizer Tokyo municipality had to invite the provincial law minister of Nepal? Deporting 3 people was not an obstacle to participate in the program!
The Japanese government will not capture the wealth and keep it in Japan. Being a minister of Nepal, he returned it. Ignorance of the law is said to be inexcusable. This officer, who is also a lawyer, flew to Japan without informing the federal government and his own chief minister. Law is equal for all. Ministers of the ruling UML do not get special facilities.
Before going to Japan, he sat with the middleman and took photos. He went on a personal visit with a red passport after receiving an invitation in the name of the minister. In this way, his personal interest is evident in his decision to go on the tour. Such work cannot be done indirectly without Lenadena. His ticket booking to hotel arrangements were done by the group involved in smuggling.
In the investigation report of the police, a photograph of Janak Rai's fake identity card has been sent to Yograj Gautam from the former minister's official's WhatsApp. Yograj is an absconding accused in this case.
Yograj himself offered to go to Japan and the official told the police that he gladly accepted after the organizers would bear the expenses. Ex-ministerial officer accused Gautam who is currently absconding
Despite sending a fake identity card of a young man going to Japan through WhatsApp, the public prosecutor's office did not see the grounds for prosecuting him. Their identity cards should not have been sent to Yograj through WhatsApp if they were not known by the officer. This one piece of evidence is enough to prosecute the authorities.
Why did the officer send a photo of Rai's identity card to Gautham if his signature was misused? All activities seem premeditated. The scandal came to light after he was arrested by Japanese immigration. The tour group consisted only of fake employees.
Human traffickers would not have reached him without the involvement and consent of the officer. Without his consent, this incident would not have proceeded. The public prosecutor did not indict the person who is the mastermind of this crime, saying that he was not involved in the crime and that he had assisted in the investigation by showing 9 different grounds.
Without his presence, this incident cannot proceed, if he is not charged as not involved in the incident, it is also conceivable that tomorrow the court may not consider the other accused as an accomplice due to lack of main reason.
The provision of punishment for not investigating or prosecuting maliciously is in Section 99 of the Criminal Code, 2074. Section 189 of the Civil Criminal Procedure Code, 2074 has a legal provision that a committee should be formed to investigate the crime that has been investigated or prosecuted in such a way.
The current controversy is that the former minister of Koshi province took a human trafficker with him to a program in Japan in the name of an employee of his ministry. Due to the fact that he is the leader of the UML, under the pressure of the government, the public prosecutor decided to leave the law and not file a case.
There is no room to expect that the government lawyer's misconduct will be investigated since the case is not being prosecuted with the involvement of the government. If our country has the rule of law, if it is truly a legal state, then the Attorney General should investigate the government lawyer who is not prosecuting the case wrongly without waiting for anyone's complaint.
But since the Attorney General is the Prime Minister's lawyer and legal advisor, there is no reason to expect that he will go against the UML and take action against the public prosecutor who acquits the criminal.
