Supreme Court to Hear Writ Against Ravi Lamichhane's Case Amendment

Kathmandu. A hearing is scheduled today for the writ petition filed against the decision to amend the charge sheet in cases pending against Rastriya Swatantra Party Chairman Ravi Lamichhane in various district courts.

The writ, challenging the Office of the Attorney General's decision to amend the case involving cooperative fraud, organized crime, and money laundering, has been assigned to a full bench today.

On 2082 Chaitra 15, a joint bench of Supreme Court Justices Binod Sharma and Abdul Aziz Musalman issued an order stating that this dispute requires serious constitutional and legal interpretation, referring it to a full bench.

The joint bench pointed out the need for a full bench hearing due to concerns over the misinterpretation of 'additional evidence'. Under Section 36 of the Criminal Procedure Code, charges can only be amended if 'additional evidence' is found. However, the court has raised the question of whether a statement or self-declaration provided by the defendant (Lamichhane) himself can be considered 'additional evidence'.

The court noted that the matter was referred to a full bench to further interpret whether the Supreme Court can intervene in the jurisdiction of the district court.

The authority to grant final permission for amending a charge lies with the respective district court. The full bench will also have to resolve the technical question of whether the Supreme Court can intervene in this matter before the district court makes a decision.