Hearing Postponed in Fake Bhutanese Refugee Case Involving Former Minister Top Bahadur Rayamajhi

Kathmandu. The hearing on the case of UML leader and former minister Top Bahadur Rayamajhi and Bechan Jha, who are currently in custody during the trial phase of the fake Bhutanese refugee case, has been postponed. The hearing scheduled before the bench of Patan High Court judges Surya Nath Prakash Adhikari and Gopal Prasad Bastola was postponed after lawyers representing Rayamajhi filed a petition seeking the adjournment.

Rayamajhi and Jha had approached the Patan High Court after the Kathmandu District Court rejected their petition seeking release from custody under Section 71 of the Muluki Criminal Procedure Code, 2074. Rayamajhi, who is in custody during the trial phase of the fake Bhutanese refugee case, filed the petition on Poush 25 according to Section 71 (2) of the Muluki Criminal Procedure Code, 2074.

After the bench of Kathmandu District Court Judge Sudarshan Lamichhane refused to release them from custody 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 in 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 hear the matter regardless of the stage of the proceedings and order the person's release from custody. Rayamajhi filed the petition in the District Court relying on Section 71 (2).