The passport misuse case involving Rastriya Swatantra Party (RSP) Chairperson Rabi Lamichhane has been scheduled for hearing before a joint bench of Supreme Court Justices Sapana Pradhan Malla and Nripadhwaj Niraula.
The hearing has been fixed for final consideration of a writ petition registered on Chaitra 20, 2079 (April 3, 2023), challenging the then Attorney General’s decision not to prosecute Lamichhane in the passport misuse case.
The writ was filed by Yuvraj Poudel (Safal), who demanded that Lamichhane be prosecuted for a passport-related offense. Poudel argued that the decision by then Attorney General Dinmani Pokharel not to initiate a case against Lamichhane was contrary to the law.
Earlier, the Supreme Court had ordered the case file to be submitted three times. After issuing a show-cause order on Chaitra 22, 2079, the Court again ordered the file to be presented on Jestha 9, 2080. The Court had sought clarification from the Office of the Attorney General regarding the reasons for deciding not to prosecute Lamichhane in the passport dispute, and the matter is now set for a full hearing following receipt of the explanation.
Former Attorney General Pokharel had decided on Chaitra 6, 2079 not to file a case against Lamichhane in connection with the passport controversy. Challenging this decision, Poudel filed a writ petition at the Supreme Court, also seeking an interim order to direct prosecution. However, the Court had refused to issue an interim order at that time.
In the writ petition, Poudel contended that obtaining a Nepali passport by declaring oneself a Nepali citizen while holding American citizenship violates Section 5(b) of the Passport Act, 2024, and constitutes a punishable offense. Despite this, he argued, the Attorney General’s decision not to prosecute Lamichhane was biased and prejudicial.
Poudel further claimed that the Attorney General exceeded his jurisdiction by concluding that Lamichhane lacked criminal intent in obtaining the passport, asserting that such a determination was made without proper legal authority.
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