Rabi Lamichhane Case: Supreme Court to Hear Appeal on Charge Revision

Kathmandu. A hearing is scheduled today in the full bench of the Supreme Court on the writ petition filed against the decision to amend the charge sheets of cases pending in various district courts against Rastriya Swatantra Party President Rabi Lamichhane.

The hearing is scheduled in the full bench of Supreme Court Justices Abdul Aziz Musalman, Shree Kant Poudel, and Shanti Singh Thapa.

The writ petition against the decision of the Attorney General's Office to amend the case, which includes charges of cooperative fraud, organized crime, and money laundering, has been scheduled for a hearing in the full bench today.

On Chaitra 15, 2082, a joint bench of Supreme Court Justices Binod Sharma and Abdul Aziz Musalman had issued an order, stating that a full bench hearing was necessary for this dispute due to the need for a serious constitutional and legal interpretation, and had sent it to the full bench.

The joint bench has indicated that the dispute needs to be heard by a full bench, raising concerns about the misinterpretation of 'additional evidence'. According to Section 36 of the Muluki Criminal Procedure Code, charges can only be amended if 'additional evidence is found'. However, the question has been raised whether a defendant's (Lamichhane's) own request or any self-declaration can be considered 'additional evidence' in this case.

The Supreme Court has sent the case to the full bench for further interpretation on whether it is appropriate for the Supreme Court to intervene in a matter under the jurisdiction of the district court.

The final authority to permit amendment of charges lies with the concerned district court. The full bench will also have to determine the technical question of whether the Supreme Court can intervene in this matter before the district court makes a decision.