KATHMANDU, APRIL 5
The Supreme Court issued a show cause notice to defendants in the case filed by Yubaraj Paudel 'Safal' challenging the decision of the attorney general not to file case against Rastriya Swatantra Party Chair Rabi Lamichhane under the Passport Act.
A single bench of Justice Hari Prasad Phuyal issued the show cause notice to Lamichhane and other defendants asking them to submit their written replies within 15 days. The bench observed that since the issues raised by the petitioner would be dealt with in the final hearing, there was no need to issue an interim order. The bench, however, ordered the defendants to seek proof of Lamichhane obtaining evidence of renouncement of his American citizenship and submitting the same to the District Administration Office Kathmandu from where he got his Nepali citizenship restored.
Safal has named Lamichhane, Department of Immigration, and Office of the Attorney General as defendants, among others.
Safal and some other petitioners' lawsuit had resulted in the loss of Lamichhane's membership of the House of Representatives and home portfolio in the Pushpa Kamal Dahal-led Cabinet. He had filed a new writ petition against Lamichhane after Attorney General Dinmani Pokharel decided on March 20 not to file case against Lamichhane under the Passport Act.
Safal had lodged an FIR against Lamichhane under the Passport Act. Stating that Lamichhane had obtained Nepali passport on 27 May 2015, when he was an American citizen, Safal argued Lamichhane should be punished for obtaining Nepali passport by concealing the fact that he was an American citizen when he applied for Nepali passport.
Lamichhane had obtained Nepali citizenship on 22 February 1994, became a US citizen on 5 March 2014, and renounced his American passport on 28 June 2018.
Safal argued that the AG had exceeded his brief when he decided not to file passport case against Lamichhane and thus his action was arbitrary and malicious, which obstructed delivery of justice.
He urged the court to quash the AG's decision not to file case against Lamichhane and direct the OAG to file case against him under passport laws.
Safal said OAG had stated that Lamichhane had not used his Nepali passport (No 08834838) before renouncing his American passport, but this would be clear if the court sought details from the DoI about Lamichhane's travel history.
Safal said the OAG had stated that Lamichhane deliberately did not falsify any detail in his passport application and he had not acted with guilty mind.
On January 27, the constitutional bench of the Supreme Court had invalidated Lamichhane's election to the HoR, ruling that since he did not meet legal procedures to get his Nepali citizenship restored, he was not qualified to contest parliamentary election, which he did from Chitwan Constituency No 2. The constitutional bench had said in that verdict that since the police was investigating the passport case against Lamichhane, it would not be appropriate for the court to comment on the case at that stage.
A version of this article appears in the print on April 6, 2023, of The Himalayan Times.
