Attorney General Directs Prosecutors to Withdraw Money Laundering and Organised Crime Charges Against Lamichhane

The Office of the Attorney General (OAG) on Wednesday, January 14, directed the concerned district attorney's offices to withdraw money laundering and organised crime charges filed against Rabi Lamichhane, chair of the Rastriya Swatantra Party (RSP), while keeping the cooperative fraud charges intact.

Lamichhane, a former deputy prime minister and home minister, while in custody had requested, in writing, the withdrawal of the charges, claiming the prosecution was driven by political vendetta.

The concerned district attorney’s offices had forwarded the application to the OAG for a decision.

“Giving priority to the rights and interests of the affected depositors, it has been decided to grant approval to amend the charges under Section 36 of the National Criminal Procedure (Code) Act, 2017, so that in the cases where Rabi Lamichhane is a defendant — before the Kaski District Court, the Kathmandu District Court, the Rupandehi District Court and the Parsa District Court — the charges of fraud and cooperative fraud, as applicable in cases before the Chitwan District Court, shall be maintained, while the claims of organised crime and money laundering shall not be maintained against him,” reads the decision made by Attorney General Sabita Bhandari.

Section 36 the National Criminal Procedure (Code) Act, 2017 is related to the “Alterations in charge sheets”. Section 36 (1) states: “If, by the reason that additional evidence has been discovered in any case already filed in the court, it appears necessary to alter the charge made previously in that case, the concerned government attorney may, with the permission of the Attorney General, make a petition, accompanied by the reasons therefor, to the concerned court of first instance for alteration in the charge sheet.

(2) Upon receipt of such petition, the concerned court may, if the contents thereof appear to be reasonable, give order to alter the claim in the charge sheet in accordance with the petition. 

Provided that an order to make such alteration shall be made before the concerned court of first instance passes judgment.”

Following the decision, the money laundering and organised crime cases being heard at the Kaski District Court will be withdrawn. Organised crime cases pending at the Rupandehi, Kathmandu and Parsa district courts will also be taken back via public prosecutors.

No decision has been taken to amend charge sheets at the Chitwan District Court as no money laundering or organised crime case is being heard there.