Rabi Lamichhane's Passport Misuse Case Postponed by Supreme Court

Kathmandu. The case concerning the misuse of a passport by Rabi Lamichhane, chairman of the Rastriya Swatantra Party, has been placed on the 'not to be heard' list. The hearing scheduled before the joint bench of Justices Sapana Pradhan Malla and Nripadhwaj Niraula has been listed under the 'not to be heard' category.

This hearing pertains to a writ petition filed two years ago by Yubaraj Paudel (Safar) demanding that a case be filed against Lamichhane for passport offenses. He filed the writ arguing that the Attorney General's Office's decision 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 summoning of the file 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 scheduled after receiving that decision.

Former 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 it is clear that the Attorney General's decision not to prosecute Rabi Lamichhane was prejudiced, despite the undisputed fact that claiming to be a Nepali citizen while being a US citizen and obtaining a Nepali passport by filling out a passport application form is an act and offense contrary to Section 5(b) of the Passport Act, 2024.

Paudel also claimed that the Attorney General concluded, going beyond his 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 an interim order should be issued in the name of the Election Commission and other respondents, as per Rule 49 of the Supreme Court Rules, 2074, to prevent Lamichhane from exercising political rights as a Nepali citizen until the double hearing takes place.