Interrogation sequence in cooperative fraud : Chhabi first, Rabi next

Kathmandu, October 23 — Rabi Lamichhane, the president of the Rashtriya Swatantra Party (RSP), is currently under investigation in Pokhara for allegations of cooperative fraud. The District Attorney's Office in Kaski has indicated that the final statements are being taken regarding the misappropriation of approximately NPR 40 million from the Suryadarshan Cooperative via Gorkha Media.

Following the conclusion of the statements, preparations are underway to extend the investigation period in the district court. If the statements remain incomplete, the authorities plan to prolong the period and continue with the questioning. Lamichhane's statement was taken in the office of Kamala Kafle, the head of the District Attorney's Office in Kaski. During the interrogation, Lamichhane claimed that he had not taken any loans from the cooperative and asserted that the name mentioned as Rabi Lamichhane does not belong to him.

He acknowledged his involvement with Gorkha Media but asserted that he has never taken a loan from the cooperative. The cooperative investigation committee formed by Parliament has recommended action, stating that while Lamichhane's role in the misappropriation of the cooperative's funds was not evident, he was involved in actions that led to the misappropriation.

The parliamentary committee's investigation revealed that NPR 224.63 million had been directly deposited into the Gorkha Media network's bank account under the names of various five cooperatives. The report by the special parliamentary investigation committee, led by Surya Thapa, concluded that a total of NPR 655.4 million had been funneled from five cooperatives into Gorkha Media Network.

Of this amount, NPR 224.63 million was deposited directly under the cooperative's name, while the remaining NPR 430.7 million was funneled into Gorkha Media Network using the names of other individuals and organizations.

The report highlighted that funds amounting to NPR 655.54 million from Suryadarshan Savings and Loan Cooperative, Supreme Savings Credit Cooperative, Sahara Chitwan Multipurpose Cooperative, Swarnalakshmi Multipurpose Cooperative, and Sano Paaila Savings and Credit Cooperative had been transferred to Gorkha Media Network.

Moreover, Lamichhane’s testimony indicated that he had received NPR 18 million in share payments from Gorkha Media.

As Lamichhane provides his statements in Pokhara, it appears that he is not exempt from scrutiny. The process of transporting Chhabilal Joshi to Butwal for further questioning suggests that Lamichhane will also have to undergo similar procedures.

Joshi was taken to the Rupandehi District Government Attorney's Office on October 21 to provide a statement regarding the misappropriation of funds from Supreme Cooperative. A loan was taken in Joshi's name from this cooperative, involving approximately NPR 150 million being transferred to Gorkha Media. This indicates that both Lamichhane and Joshi are intertwined in the investigations.

The Rupandehi District Attorney's Office confirmed that Joshi's statement has been completed and has been sent back for potential re-calling if necessary. Discussions are ongoing about when Lamichhane will be brought in for questioning—either on Thursday or Friday, based on consultations between the Kaski and Rupandehi police.

Given that a case has already been filed in both districts, further statements will be required for the supplementary charge sheet. Neither Lamichhane nor Joshi has been named as defendants in the case related to the Suryadarshan cooperative, nor in the Rupandehi Supreme cooperative context.

Previously, Kumar Ramtel and GB Rai were named as defendants but were subsequently released. Now, along with these two, others implicated in the cooperative fraud will be made defendants, and the district court will decide whether to keep them in custody or grant bail. If released on bail, they will be presented in the relevant district court for further proceedings.

Following Rupandehi, both Joshi and Lamichhane are expected to be taken to Chitwan or Kathmandu. A complaint has been filed against the Sahara Chitwan cooperative for the alleged misappropriation of approximately NPR 120 million to Gorkha Media. The parliamentary investigation committee has also confirmed the transfer of Sahara cooperative funds to Gorkha Media, which is why the police are expected to initially transport Joshi, followed by Lamichhane, to Chitwan for further investigation.

As of now, no charges have been filed in Chitwan, which may result in prolonged investigation periods while the police prepare new cases. If charges are filed in Chitwan, both Lamichhane and Joshi will subsequently be presented in Kathmandu. Investigations have revealed that loans were taken under various branches of the Swarnalakshmi Cooperative, involving funds transferred from cooperatives in Pokhara, Butwal, and beyond into Gorkha Media.

Reports indicate that NPR 300 million from the Swarnalakshmi Cooperative has been funneled to Gorkha Media, yet no charges have been laid against this cooperative as investigations are ongoing. During this time, both Joshi and Lamichhane, along with GB Rai, who is currently absconding, will face investigations for charges in the Kathmandu District Court. Following this, they are expected to be taken to Birgunj in Parsa District. The parliamentary committee's report has indicated that approximately NPR 330 million was funneled into Gorkha Media under various names.

A case will be filed against them in the Parsa District Court, after which the District Police Office in Parsa will take them to the Attorney's Office for further investigation.

Legal experts on criminal law have asserted that individuals arrested in relation to cooperative fraud can be taken for investigation across all districts where complaints have been filed. Gauri Bahadur Karki, a former coordinator of the troubled cooperative investigation committee and now chair of the special court, has indicated that law enforcement can transport arrested individuals to all districts with pending charges for investigation.

According to his reasoning, regardless of the position or name of the individual arrested, they can be taken to the location where the complaint has been filed for investigation.

Senior attorney Ranjit Bhakta Pradhananga has stated that the police may transfer individuals for investigation based on the nature of the charges rather than their titles, within the legal timeframe provided for investigations. Since Lamichhane and Joshi are defendants in the cooperative fraud allegations, they can be transported to all districts where complaints have been registered.