Former Deputy PM Top Bahadur Rayamajhi and Former Home Minister Balkrishna Khand Convicted in Fake Bhutanese Refugee Case

Kathmandu. The political future of former Deputy Prime Minister Top Bahadur Rayamajhi and former Home Minister Balkrishna Khand is in question after they were convicted in the sensational fake Bhutanese refugee case. According to the verdict pronounced by the Kathmandu District Court on Monday, former Deputy Prime Minister Rayamajhi has been convicted of crimes against the state, fraud, and organized crime among the defendants. Former Home Minister Khand has been convicted as an accomplice (accomplice) in the same crime. nbsp;

According to Section 13 (d) of the House of Representatives Election Act, 2074, a person convicted of a criminal offense involving moral turpitude cannot contest elections. According to the Organized Crime Prevention Act, 2070, those who commit such offenses are subject to 50 percent additional punishment compared to other ordinary crimes. Since the court has convicted them, a serious question has arisen regarding the political future of Rayamajhi and Khand. However, as there is a legal path to the Supreme Court for review, the defendants will have the opportunity to seek acquittal. The Kathmandu District Court administration has stated that the hearing regarding the jail sentence against them will be held on Asar 29. nbsp;

On Jestha 10, 2080, the government lawyer filed a case against former Deputy Prime Minister Rayamajhi, former Home Minister Khand, former Home Secretary Pandey, and 30 others, charging them with fraud, forgery, crimes against the state, and organized crime.

After the political change of 2046, influential leaders of various political parties have been imprisoned on serious criminal charges including corruption, embezzlement, passport misuse, and murder. As a result, the politics of some leaders have come to a complete halt, while many are still facing legal battles.

In the 35 years since the restoration of the multi-party system, sensational cases like Sudan, Lauda, Dhamija, and Widebody have tarnished politics. The second people's movement of 2062/063 overthrew the monarchy of nearly two and a half hundred years and established a republic. Even in the 18 years since the establishment of the republic, the general public has not felt any change in political stability, good governance, social justice, prosperity, economy, and infrastructure development.

During this period, sensational cases like fake Bhutanese refugees, cooperative fraud, passport misuse, Yeti, Omni, and Widebody have surfaced. While some cases have been investigated and leaders have been imprisoned, many cases are still sub-judice. Similarly, even though some issues have come under investigation, attempts have been made to suppress them with the backing of power.

Last year in August, the government led by KP Sharma Oli fell due to the movement against corruption and malpractices led by Genji. In the elections held in February, traditional political parties were swept away by an electoral tsunami. A new party, Rastriya Swatantra Party (RSP), succeeded in forming a government close to a two-thirds majority. The government led by senior leader Balen Shah appears to be taking strong steps in favor of good governance in its first year. A high-level commission has been formed to investigate the assets of high-ranking political officials and administrative officers who have been in state power for 35 years. The commission has initiated the process of investigating the assets of former prime ministers, deputy prime ministers, ministers, and top leaders of political parties.

Previously, the political future of influential leaders convicted by the Supreme Court in various scandals has ended. A brief overview of sensational cases since the restoration of democracy, the damage caused to the state treasury, and the disrepute is presented –

Former Prime Minister Madhav Kumar Nepal

A corruption case was filed against former Prime Minister and current CPN (Unified Socialist) Co-coordinator Madhav Kumar Nepal at the Special Court on Jestha 22, 2082. The Commission for Investigation of Abuse of Authority (CIAA) filed the case alleging embezzlement of land belonging to Patanjali Yogpeeth when he was Prime Minister in 2066. This was the first case filed against a former prime minister.

Patanjali Yogpeeth had purchased land with a land ceiling exemption for herbal cultivation and the construction of an Ayurvedic hospital. The Council of Ministers led by Nepal granted permission to Patanjali to purchase 815 ropanis of land in Kavre on Magh 18, 2066. The CIAA initiated an investigation after it was found that the land purchased with the ceiling exemption was sold. According to the Land Act, 2021, the government has provisions for land purchases with ceiling exemptions for any productive industry or business. However, land purchased with such concessions cannot be sold. The CIAA has claimed a claim of 185.8 million rupees against former Prime Minister Nepal on charges of policy corruption. The case is currently sub-judice.

Nepal, who was the general secretary of the then CPN (UML) for about 15 years, formed the CPN (Unified Socialist) party by separating from the UML in 2078. He contested the election from Rautahat-1 after uniting with the CPN (Maoist Centre) in Kartik 2082 and was defeated.

Nepal was the Deputy Prime Minister and Foreign Minister in the nine-month government led by Manmohan Adhikari in 2051. In the twilight of his life, Nepal's political career is in jeopardy due to corruption charges.

Former Minister Chiranjibi Wagle

The Supreme Court convicted former minister Chiranjibi Wagle of accumulating illegal wealth through abuse of power and sentenced him to jail in Chaitra, 2067. Wagle, a then-influential leader of the Nepali Congress, had served as minister multiple times after 2048. He was imprisoned according to the court's verdict after it was proven that he possessed unexplained illegal wealth.

The Supreme Court had ordered the confiscation of 40.6 million rupees from Wagle as a fine and restitution, along with a one-and-a-half-year prison sentence. He was released in 2069 after serving his sentence and paying the fine. After being convicted by the court, Wagle retired from active politics.

Former Minister JP Gupta

The Supreme Court convicted former minister Jayaprakash Gupta of corruption through abuse of power and sentenced him to jail in Chaitra, 2069. He was imprisoned while serving as the Minister of Communications. At that time, Gupta was the chairman of the Forum Ganatantrik. The court ordered him to serve one and a half years in prison, pay a fine of 8.4 million rupees, and forfeit the same amount in assets.

According to the court's order, Gupta was released after serving his sentence and paying the fine, a period of one and a half years. Before Forum Ganatantrik, he was an influential leader of the Congress and had the opportunity to become a minister multiple times. He is currently out of active politics.

Former Minister Khum Bahadur Khadka

The Supreme Court convicted former Home Minister Khum Bahadur Khadka of corruption on Shrawan 30, 2069, sentencing him to one and a half years in prison and imposing a fine of 9.47 million rupees and restitution.

The bench of then-Supreme Court Justices Kalyan Shrestha and Vaidyanath Upadhyay convicted Khadka on charges of accumulating illegal wealth through abuse of power. He was released on Ashwin 23, 2070, after serving his sentence.

Khadka, considered an influential leader of the Congress, had served as a minister and member of parliament multiple times. After being released from prison, he retired from active politics in the Congress and became involved in the campaign to declare Nepal a Hindu nation. He fell ill during this period and passed away on Chaitra 15, 2074.

Former Minister Govindaraj Joshi

On Shrawan 13, 2081, the Supreme Court convicted former minister Govindaraj Joshi of corruption. The Commission for Investigation of Abuse of Authority (CIAA) had filed a corruption case against Joshi in 2060 on charges of acquiring illegal wealth. The Supreme Court sentenced Joshi to a fine of 6.915 million rupees and 9 months imprisonment.

Joshi appealed to the Supreme Court in Falguna 2069 against the decision of the Special Court. He was active in politics from the Congress and had also become a minister multiple times. He is no longer active in politics.

Former Deputy Prime Minister Top Bahadur Rayamajhi

Former Deputy Prime Minister and CPN (UML) Secretary Top Bahadur Rayamajhi has been arrested and is currently in judicial custody in connection with the much-publicized fake Bhutanese refugee case. On Tuesday, the Kathmandu District Court convicted him in the fake Bhutanese refugee case. However, the determination of his sentence is yet to be made.

Rayamajhi was arrested from Kathmandu on Baisakh 31, 2080, in connection with the fake Bhutanese refugee case. The Kathmandu District Court ordered him to be kept in judicial custody on Asar 1.

Rayamajhi approached the Patan High Court against the district court's order. After the Patan High Court upheld the district court's decision, he fought the case while in custody. Rayamajhi, a founder of the Maoist insurgency, served as a minister and member of parliament multiple times after the establishment of the republic. After the dissolution of the Nepal Communist Party formed by the merger of the then CPN (UML) and CPN (Maoist Centre) in 2077, he remained with the UML. Rayamajhi was elected secretary at the 10th General Convention held in Chitwan in 2078.

Former Minister Balkrishna Khand

Former Home Minister and Nepali Congress leader Balkrishna Khand was arrested on Baisakh 27 from his residence on charges of involvement in the fake Bhutanese refugee case. He was released on bail of 3 million rupees on Mangsir 29, seven months later, by order of the Patan High Court.

A case was filed in the Kathmandu District Court on Jestha 10 against Khand and other defendants on four charges: crimes against the state, organized crime, forgery, and fraud in the refugee case. Although the court convicted Khand as an accomplice, the determination of his sentence is yet to be made. Khand had served as a minister multiple times.

Former Minister Vijaykumar Gachchhadar

Vijaykumar Gachchhadar, who won consecutive elections from the general elections of 2048 to the federal elections of 2074, is considered one of the leaders who received the most opportunities from the Congress. Gachchhadar is currently facing a case in connection with the Lalita Niwas government land scam in Baluwatar.

He is accused of embezzling 96.5 million rupees when he was the Minister of Physical Planning and Construction in 2066. The Commission for Investigation of Abuse of Authority (CIAA) filed a case against Gachchhadar and 175 others at the Special Court in Magh 2076 on the same charges. After absconding following the filing of the case, he surrendered to the court when Sher Bahadur Deuba became Prime Minister in 2078. He was released on bail of 1 million rupees, and his case is currently sub-judice.

Former Minister Mohammad Aftab Alam

Congress leader Mohammad Aftab Alam, arrested on charges of murdering 11 people in Rautahat 12 years ago, was convicted by the district court. However, he was acquitted by the High Court. A bomb blast occurred in the village of Faradwam in Rautahat on Chaitra 27, 2064.

Two people died on the spot in the explosion. Two of the injured were allegedly burned to death in a brick kiln under Alam's direction, leading two injured individuals to file a police report, and Alam was arrested from his residence on Ashwin 27, 2076. Alam passed away last year in Kartik.

Former Speaker Krishna Bahadur Mahara

Former Speaker and CPN (Maoist Centre) Vice-Chairman Krishna Bahadur Mahara was arrested twice in connection with rape and gold smuggling cases. While serving as Speaker, he was arrested on Ashwin 19, 2076, following a complaint of rape against a female employee of the Parliament Secretariat. The Kathmandu District Court ordered him to be kept in judicial custody for pre-trial detention. On Push 3 of the same year, the Patan High Court upheld the district court's order and ordered him to be investigated while in custody.

Mahara was released on Falguna 5, 2076, after the district court acquitted him. The High Court also acquitted him on Shrawan 12, 2078. Although acquitted of the rape charges, Mahara was again arrested in connection with the smuggling of 9 kg of gold through electric cigarettes (vapes). He spent five days in police custody and was released on bail on Chaitra 9, 2080. The Commission for Investigation of Abuse of Authority (CIAA) filed a corruption case against him last March. His son Rahul is in judicial custody in connection with the same case. Mahara has retired from active politics after being implicated in serious crimes while serving as Speaker.

Resham Chaudhary

On Bhadra 7, 2072, seven police officers, including senior police officials, and a child were killed in clashes between security forces and Tharuhat protesters in Tikapur, Kailali. A case was filed against Resham Chaudhary at the Kailali District Court on charges of planning the incident.

Chaudhary, who was a candidate from Kailali-1 in the 2074 elections through a power of attorney, won the election while underground. He surrendered to the district court on Falguna 15, 2074. While in judicial custody for pre-trial detention, Chaudhary took the oath as a Member of Parliament, and the district court sentenced him to life imprisonment. On Push 3, 2077, the Dipayal High Court upheld the district court's verdict. The Supreme Court also refused to release Chaudhary. However, he was released on Jestha 15, 2080, following a cabinet decision and a presidential pardon from Ram Chandra Paudel. Due to the same case, the Election Commission canceled his candidacy in the elections held in February. While in jail, Chaudhary formed the Nagarik Unmukti Party and made his wife Ranjita Shrestha the party's chairperson. Ranjita also served as a minister in the federal government.

Former Minister Shyamlal Gupta

Former minister and then-leader of the Nepal Sadbhavana Party, Shyamlal Gupta, was arrested in Magh 2068 on charges of kidnapping businessman Pawan Sanghai and extorting 8.5 million rupees. Gupta, who served three years in prison for allegedly kidnapping Sanghai while he was visiting Kamladi Ganeshsthan in the capital and extorting money from his family, was released in Shrawan 2072. He was arrested again on Bhadra 20, 2073, on charges of threatening a female entrepreneur. He is also out of active politics.

Former Minister Rabindranath Sharma Convicted Posthumously of Corruption

The court posthumously convicted the late Rabindranath Sharma, who served as minister multiple times from RPP, of corruption. The CIAA had filed a case at the Special Court seeking to recover assets worth 49.554 million rupees acquired illegally by Sharma.

The Special Court ruled that 22.776 million rupees were of unknown source and ordered the confiscation of assets equivalent to that amount. However, as Sharma passed away in 2065 before the verdict, he was granted a 100% exemption from imprisonment and fines. Sharma had served as a minister three times during the multi-party era.

Relief for Rabi Lamichhane

Kathmandu. Rabi Lamichhane, chairman of RSP, who spent eight months in jail in various cooperative fraud cases in the district courts of Kathmandu, Kaski, Chitwan, Rupandehi, and Parsa, was released before the general elections in Falguna.

Lamichhane, who was the general manager of Gorkha Media Network, was accused of embezzling savings from various cooperatives in collusion with Chairman Gitendra Babu (GB) Rai. Prior to this, the Supreme Court had canceled Lamichhane's parliamentary seat last year for failing to complete the legal process for reacquiring his Nepali citizenship.

He is also accused of holding dual citizenship. However, leaders and cadres of RSP have been claiming that Lamichhane was framed by the state through a conspiracy involving false charges. Currently, cases related to organized crime and money laundering, apart from the cooperative fraud case, have been withdrawn.

He was elected chairman in the first general convention recently held in Chitwan. The crisis faced by old leaders and political parties due to the Genji movement has benefited Lamichhane and RSP politically.

Rajiv Gurung

Deepak Manange alias Rajiv Gurung, a former member of the Gandaki Provincial Assembly known as a gangster, was convicted of attempted murder and sent to jail. The Supreme Court convicted Gurung of attempted murder. He was imprisoned in Pusa 2075 on this charge. He has been released after serving his sentence. Another gangster, Chakre Milan, was prosecuted on charges of attacking with a sword and severing a hand in 2061.

Other VIPs Involved in Legal Troubles

The Special Court acquitted former minister Mohan Basnet in the Terramax purchase case of the Telecommunications Authority. Former UML MP Laxmi Mahato Koiri has been convicted in the murder case of ASI Thaman BK of the Armed Police Force. Koiri, who had been absconding, was arrested on Asar 19.

Apart from these, cases have been filed in the Supreme Court against former ministers Naradmani Rana, Dhanraj Gurung, former MPs Gayatri Saha, Shivpujan Rai, and BP Yadav for diplomatic passport misuse. Similarly, RPP MP Bikram Pandey, Congress MP Tek Bahadur Gurung, and others were also involved in legal troubles until recently.