Supreme Court to Hear Case Against Rabi Lamichhane Over Passport Misuse Allegations

The Supreme Court is set to hear the case concerning the misuse of a passport by Rabi Lamichhane, chairman of the Rastriya Swatantra Party. The hearing has been scheduled before a joint bench comprising Justices Kumar Regmi and Meghraj Pokharel.

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 Attorney General's Office's decision not to press charges against Lamichhane was against the law.

Previously, the Supreme Court has ordered the summoning of files three times in this case. After issuing a show-cause order on Chaitra 22, 2079, the Supreme Court ordered the summoning of files 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.

Former Attorney General Dinmani Pokharel had decided on Chaitra 6, 2079, not to pursue 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 had 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 a passport 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 his jurisdiction, that Lamichhane had no criminal intent in obtaining the passport. He demanded that details of when and for what purpose Lamichhane used (misused) that passport be obtained from the Department of Immigration.

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 a double hearing takes place.