KATHMANDU, JANUARY 23
The Rupandehi District Court on Thursday ordered that Rastriya Swatantra Party President and former home minister Rabi Lamichhane be returned to his family rather than remanded in a case involving the embezzlement of funds from Butwal's Supreme Savings and Credit Cooperative.
A bench of judge Prahalad Kumar Yogi released Lamichhane on recognizance of his wife and lawyer. Lawyers, however, have raised questions on it, calling it 'recusal' of the judge.
Recusal is the withdrawal of a judge, prosecutor, or juror from a case because they are unable to perform legal duties due to a potential conflict of interest or lack of impartiality.
Senior Advocate Dinesh Tripathi told THT, "Since the judge has already decided Lamichhane not be in custody, unlikely to Kathmandu District Court and Kaski District Court, it could lead to a potential conflict of interest and even favour the accused."
Lamichhane was remanded in custody by both the Kaski and Kathmandu District Courts for further proceedings. "Thus, it could be potential recusal due to accused privileges and judge's decision to not keep the accused in remand," he added.
According to court officials, the court ordered as such because the arguments have yet to be resolved. According to reports, the closed arguments began on Thursday, but only a few lawyers representing the government and the plaintiffs could argue on the first day. Some of them have yet to argue on behalf of the plaintiffs, and closed arguments will continue tomorrow.
The court previously ordered Lamichhane to be released on bail on Wednesday, citing a failure to issue a detention order.
The court recorded Lamichhane's statement on Wednesday. Lamichhane, who had arrived in Rupandehi on Tuesday, appeared in court on Wednesday. On Sunday, a case was filed in the Rupandehi District Court alleging misappropriation of deposits from Butwal's Supreme Cooperative.
A case has been filed there against 42 people, including Rabi Lamichhane, Chhabilal Joshi, and GB Rai, as well as 14 people on supplementary charges and 28 people on original charges.
Prior to this, the court ordered the detention of Om Prakash Gurung, the then-chairman of Supreme Cooperative, pending trial.
According to officials, investigations into cooperative fraud and organised crime against Lamichhane are currently underway in Chitwan and Paras districts as well.
The District Attorney's Office in Chitwan has stated that a case will be filed against Lamichhane within the next week.
The District Attorney's Office in Parsa has stated that the investigation is ongoing and that it will take some time to file a case.
Previously, on January 15, the Kathmandu District Court released Lamichhane on bail of Rs 6 million, and on January 9, the Kaski District Court released him on Rs 6.5 million.
Lamichhane was remanded in custody by both the Kaski and Kathmandu District Courts for remand proceedings.
Lamichhane has been charged in Kathmandu with embezzling Swarnalakshmi Cooperative Society savings and engaging in organised crime.
Last month, the government attorney's office filed a case against 39 people, including Lamichhane, alleging that they embezzled the Swarnalakshmi Cooperative's savings and defrauded savers, and that the act was carried out in an organised manner.
They are accused of embezzling Rs 1.19 billion and 9.5 million in cooperative members' savings.
Unlike in Kaski, the chargesheet filed in the Swarnalakshmi Cooperative's embezzlement case does not seek action against the defendants, including Lamichhane, in the money laundering case.
