Hearing Scheduled at Patan High Court for Former Minister Top Bahadur Rayamajhi and Bechan Jha in Fake Bhutanese Refugee Case

Kathmandu. A hearing has been scheduled at the Patan High Court for former minister and UML leader Top Bahadur Rayamajhi and Bechan Jha, who are currently in custody during the judicial custody phase of the fake Bhutanese refugee case.

They approached the Patan High Court after the Kathmandu District Court rejected their application seeking release from custody, filed under Section 71 of the Muluki Criminal Procedure Code, 2074.

The petition filed by Rayamajhi and Jha is scheduled for a hearing before the bench of Patan High Court Justices Suryanath Prakash Adhikari and Gopal Prasad Bastola. Rayamajhi, who is in custody during the judicial custody phase of the fake Bhutanese refugee case, filed the petition on Poush 25, in accordance with Section 71 (2) of the Muluki Criminal Procedure Code, 2074.

After the bench of Kathmandu District Court Judge Sudarshan Lamichhane refused to release them under Section 71 (2) of the Muluki Criminal Procedure Code, 2074, Rayamajhi appealed to the Patan High Court. Similarly, Bechan Jha had filed a petition at the Patan High Court on Poush 11 after the District Court refused to release him.

Section 71 (2) of the Muluki Criminal Procedure Code, 2074, states that if reasonable grounds are found to prove that an accused person detained under Section 67 or Section 68 is not guilty, the court may order their release from custody, regardless of the stage of the proceedings. Rayamajhi based his application to the District Court on Section 71 (2). 

On Ashar 1, 2080, the bench of Kathmandu District Court Judge Prem Prasad Neupane ordered Rayamajhi and 16 others to be sent to judicial custody in the Bhutanese refugee case. 

Rayamajhi and others had appealed to the Patan High Court against the District Court's order. After the High Court upheld the District Court's order concerning Rayamajhi and others, they approached the Supreme Court. The Supreme Court also refused to grant them release.