Rabi Lamichhane’s release: A moral victory for RSP amid legal challenges

KATHMANDU: The Kaski District Court has granted interim relief to Rastriya Swatantra Party (RSP) President Rabi Lamichhane. Following his release on bail of NPR 6.5 million, RSP supporters have celebrated the decision.

Despite the court’s order, there were doubts about Rabi’s immediate release. The government had filed cases in multiple locations as part of a strategy to rearrest him and transfer him to other districts. However, the government and police stepped back from this plan, making it possible for Rabi to be released today. This marks a moral victory for both him and the RSP.

Rabi’s arrest had jeopardized the reputation of the RSP. The party staged street protests, demanding that he be investigated without detention, which led to criticism that they were pressuring the judiciary. However, today’s court order has endorsed the party’s demand, allowing Rabi to fight his case while out of custody. Independent opinions suggest that while investigations were valid, there was no compelling reason to keep Rabi in detention.

Detention is typically warranted only if there is a risk of the accused fleeing, destroying evidence, or committing another crime. None of these risks were found in Rabi’s case. Many believe that the ruling Nepali Congress party had devised a strategy to detain Rabi out of political vendetta, using government mechanisms to execute this plan.

The court’s order pertains solely to whether Rabi should remain in custody or not. His release on bail does not absolve him of the charges; the final verdict is yet to come. Nonetheless, this order boosts the morale of Rabi and his party. If the court had ordered detention, it would have strengthened the accusations against him, potentially harming his political career.

Cases against Rabi are ongoing in Kathmandu, Chitwan, and Bhairahawa, in addition to Kaski. Although the Kaski court has ordered his release, it is uncertain how the other districts will proceed.

However, the precedent set by the Kaski court is expected to influence decisions in other districts. Since the charges and cases are similar across locations, uniformity in court rulings is anticipated. Typically, courts do not issue contradictory orders for similar cases. This consistency in the judicial process gives Rabi hope.

Basis for the Court’s Decision

The court order outlines the reasoning behind Rabi’s release and the demand for NPR 6.5 million bail.

The order stated:
“In consideration of the defendant Rabi Lamichhane, it appears that he has been charged with cooperative fraud, organized crime, and money laundering. During his statement, Rabi claimed that while he was the managing director of Gorkha Media Pvt. Ltd., he had no knowledge of the sources of funds, as the co-founder, Gitendra Babu Rai, was responsible for financial transactions. Rabi stated that he merely signed checks and did not take loans from Surya Darshan Cooperative. However, evidence shows that 814 checks were issued under his sole signature, including some after his tenure at Gorkha Media. Additionally, NPR 75 million was transferred from Gitendra Babu Rai’s account to Rabi’s account and then to Gorkha Media’s account. This demonstrates a connection between cooperative funds and the defendant’s transactions.

Although evidence does not conclusively prove guilt at this stage, further investigation may yield additional findings. Therefore, the court orders Rabi Lamichhane’s release on bail of NPR 6.5 million in cash or equivalent property or bank guarantee. If he fails to provide bail, he shall remain in custody.”

Summary of the Case

The court concluded that there is insufficient evidence to prove Rabi’s direct involvement in cooperative fraud, leading to his release on bail. However, the court highlighted certain suspicious transactions, including his signature on 814 checks and his role as managing director of Gorkha Media.

Rabi acknowledged signing checks in his capacity as managing director but argued that the funds were used for legitimate company purposes. His lawyers contended that the matter falls under company law, not cooperative law.

The court also noted that NPR 75 million from Gitendra Babu Rai’s account was transferred to Rabi’s account and then to Gorkha Media’s account, raising questions about transparency and legality. These issues remain subject to judicial review.

Implications for Rabi

While Rabi’s release allows him to fight the case from outside custody, he remains unable to perform parliamentary duties. However, as party president, he can continue to lead the RSP. The legal battle is expected to be prolonged, and the outcome remains uncertain.

For now, Rabi’s ability to contest the charges while out of custody is a significant relief for him and his party.