Hearing on Writ Against Rabi Lamichhane's Case Amendment Postponed

Kathmandu. The hearing on the writ petition filed against the decision to amend the charge sheet in cases pending against Rastriya Swatantra Party Chairman Rabi Lamichhane in various district courts has been postponed. The hearing, which was scheduled for today, was deferred at the request of the government attorney.

The writ petition challenged the Office of the Attorney General's decision to amend the case involving cooperative fraud, organized crime, and money laundering. The matter was scheduled for a hearing before a full bench today.

A joint bench of Supreme Court Justices Binod Sharma and Abdul Aziz Musalman had issued an order on 2082 Chaitra 15, stating that the dispute required serious constitutional and legal interpretation, and subsequently referred it to a full bench.

The joint bench raised concerns regarding the potential misinterpretation of 'additional evidence,' noting that the case should be heard by a full bench. Under Section 36 of the Criminal Procedure Code, a charge sheet can only be amended if additional evidence is discovered. However, the court has questioned whether a statement or self-declaration provided by the defendant (Lamichhane) himself can be considered 'additional evidence.'

The court also 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 sheet lies with the respective district court. The full bench will also need to resolve the technical question of whether the Supreme Court can intervene in this matter before the district court has made a decision.