What's next in legal proceeding against Rabi Lamichhane?

Kathmandu, October 18 — Rabi Lamichhane, the president of the Rashtriya Swotantra Party, has been apprehended in connection with the fraudulent activities of the Surya Darshan Cooperative in Pokhara. Following the Kaski District Court's approval for his arrest, police took him into custody.

Moreover, his associate, Chhabilal Joshi, has had his remand extended by the court for an additional 20 days for further investigation, effective from October 3.

Consequently, both Rabi and Chhabi will remain in detention. The police apprehended Rabi based on supplementary allegations of misappropriation related to the Surya Darshan Cooperative, as reported by Gorkha Media.

What will happen next?

Rabi is expected to be presented before the Kaski District Court on Sunday, as the police cannot do so on Saturday due to it being a holiday. In court, the police will seek additional time for their investigation.

The district government's attorney's office in Kaski will commence an investigation against him, with the police likely pursuing three distinct charges. All allegations previously made against Chhabilal Joshi will also be investigated in relation to Rabi.

The police will seek remand based on accusations of organized fraud in violation of the Cooperative Act, 2074, and the Organized Crime Prevention Act, 2064, as well as for asset laundering.

Given the organized nature of the fraud at Surya Darshan, inquiries will focus on charges of fraud, organized crime, and asset laundering. Following Rabi's court appearance on Sunday, the government lawyers will present their arguments. After hearings from both sides, the court will grant the police an appropriate timeframe for further investigation. Based on previous practices, an initial extension of five to seven days is anticipated. After this period, another request for extension will be submitted to the court.

The process of extending the remand will continue until the police submit their statement and indictment to the district attorney’s office. The police are permitted to detain him for up to 60 days for the investigation related to cooperative fraud and organized crime. Before the conclusion of this 60-day period, the police must submit an investigation report to the Kaski District Attorney's office. Should they wish to conduct further inquiries regarding asset laundering, they may request an extension of up to 90 days.

Following this, the investigation report will reach the district attorney's office, which will then study the report and present charges in the Kaski District Court. Once the indictment is submitted, the hearings for Lamichhane's bail will commence.

Initially, the court will take statements, followed by dual arguments from both parties. After the deliberations, the district court will decide whether to release him on bail or to remand him in custody. Should the court order bail, Rabi will be released; if he is remanded, he will be incarcerated.

Following the district court's decision, Rabi will have the option to appeal to a higher court or the Supreme Court if he is dissatisfied with the ruling.