Supreme Court Petition Filed Seeking Suspension of Rabi Lamichhane's Parliamentary Membership

Kathmandu. A writ petition has been filed at the Supreme Court demanding the suspension of Rastriya Swatantra Party (RSP) Chairman and former Home Minister Rabi Lamichhane from his parliamentary seat, as he faces charges of cooperative fraud, organized crime, and money laundering.

According to Supreme Court spokesperson Arjun Prasad Koirala, the petition against Lamichhane has been submitted but has not yet been registered. Koirala stated that the petition is currently under review.

Law student Ayush Badal filed the writ on Tuesday, naming the Federal Parliament Secretariat, the Speaker, the Office of the Attorney General, the Ministry of Home Affairs, and Rabi Lamichhane himself as defendants.

The petition requests a mandamus order to the Parliament Secretariat to prevent Lamichhane from performing any duties as a member of parliament and to maintain his suspension until the final verdict of the cases against him is reached.

The writ petition cites Section 27 of the 'Money Laundering Prevention Act, 2064' as its primary basis. It claims that the section contains a mandatory provision for automatic suspension of any public servant against whom a case is filed until the final resolution of the matter. 'When there is a clear provision that a person facing serious charges cannot continue in a public office until legal proceedings are concluded, allowing them to remain active mocks the rule of law,' the petition states.

The Parliament Secretariat has maintained Lamichhane's suspension while cases regarding cooperative fraud in Kaski, Rupandehi, and Kathmandu remain sub judice. The petitioner previously sought information regarding Lamichhane's suspension status from the Parliament Secretariat using the Right to Information, but after failing to receive a clear response, he approached the Supreme Court.

Petitioner Badal stated that as a conscious citizen and law student, he filed this writ for the concepts of 'constitutional morality' and a 'parliament with a clean image.' He pointed out the risk of a 'conflict of interest' in the investigation and judicial process, as well as the potential for witnesses or evidence to be influenced while Lamichhane remains in office.