Supreme Court Schedules Hearing on Case Against Rabi Lamichhane Over Passport Misuse Allegations

Kathmandu. The hearing for the case concerning the misuse of a passport by Rabi Lamichhane, chairman of the Rastriya Swatantra Party, has been scheduled at the Supreme Court. The case is listed before a joint bench of Justices Sapana Pradhan Malla and Nripadhwaj Niraula.

The hearing pertains to a writ petition filed two years ago by Yubaraj Paudel (Safar) demanding that Lamichhane be prosecuted for passport offenses. He filed the writ arguing that the decision by the Attorney General's Office not to prosecute Lamichhane was against the law.

Previously, the Supreme Court has ordered the summoning of the file in this case three times. After issuing a show-cause order on Chaitra 22, 2079, the Supreme Court ordered the file to be summoned on Jestha 9, 2080. The court had sought reasons from the Attorney General's Office for its decision not to prosecute Rabi Lamichhane in the passport dispute, and the double hearing is taking place after receiving that decision.

The then Attorney General, Dinmani Pokharel, had decided on Chaitra 6, 2079, not to proceed with a case against Lamichhane regarding the passport dispute. Safar filed a writ in the Supreme Court against the Attorney General's decision. In his writ, he also sought an interim order to prosecute Rabi Lamichhane in the passport dispute. However, the Supreme Court refused to issue an interim order.

He asserted that there is no dispute that claiming to be a Nepali citizen while being a US citizen and obtaining a Nepali passport by filling out an application form is an act and offense contrary to Section 5(b) of the Passport Act, 2024, and that the Attorney General's decision not to prosecute Rabi Lamichhane is clearly prejudiced.

Paudel also claimed that the Attorney General concluded, going beyond their jurisdiction, that Lamichhane had no criminal intent in obtaining the passport.

His demand is to retrieve details from the Department of Immigration regarding when and for what purpose Lamichhane used (misused) that passport.

Paudel also mentioned in the writ that, pursuant to Rule 49 of the Supreme Court Rules, 2074, an interim order should be issued to the Election Commission and other respondents, directing that Lamichhane should not be allowed to exercise political rights as a Nepali citizen until a double hearing takes place.