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

Kathmandu. A hearing has been scheduled at the Patan High Court for the case of UML leader and former minister 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 petition seeking release from custody, filed under Section 71 of the Muluki Criminal Procedure Code, 2074.

The petition filed by Rayamajhi and Jha will be heard by a division bench of Patan High Court judges Rishi Rajbhandari and Tejendra Prasad Sharma Sapkota. Rayamajhi, who is in custody in 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 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 emerge to prove that an accused detained under Section 67 or Section 68 is not guilty, the court can hear the matter at any stage of the proceedings and order the release of the individual from custody. Rayamajhi based his petition in the District Court on Section 71 (2).

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

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