The Supreme Court has mandated registration of a writ petition against Home Minister Rabi Lamichhane, and has demanded cancellation of a letter from the Attorney General’s office which stated that Lamichhane is not involved in the ongoing cooperative fraud. The order was issued by a bench led by Supreme Court Justice Tek Prasad Dhungana on Wednesday.
The controversy stems from a letter issued by the Attorney General’s office, which cited the public prosecutor’s offices of Rupandehi, Chitwan, and Kaski, stating that no complaints had been filed against Lamichhane regarding the cooperative fraud. This letter has been used by Lamichhane to assert that there is no need for an investigation.
The writ petition, brought forward by Advocate Anupam Bhattarai, seeks an interim order to suspend Lamichhane from his ministerial position, arguing that his continued role could unduly influence the investigation into the cooperative savings misappropriation case. The petition claims that allowing Lamichhane to remain in his post would contravene principles of natural justice.
Registrar of the Supreme Court, Bimal Paudel, initially rejected the writ on 14th May, stating that the petition did not clearly outline how the petitioner’s rights were violated and failed to complete the necessary process for a public interest dispute. However, Justice Dhungana countered this by stating that the issues raised in the writ are substantial and need to be adjudicated by the court, thereby ordering its registration.
The petition not only challenges the legal validity of the Attorney General’s letter but also demands its annulment. It also emphasizes that significant matters like cooperative fraud should not be dismissed without thorough investigation and insists that complaints should be properly examined regardless of the high-ranking positions held by those involved.