. The Supreme Court (SC) has assigned a hearing on the passport misuse case filed against Rastriya Swatantra Party (RPP) President Rabi Lamichhane. A division bench of Justices Sapana Pradhan Malla and Nripa Dhwaj Niraula has been scheduled for the hearing.
The hearing on the writ petition filed by Yubaraj Poudel (Safal) two years ago demanding to file a case against Lamichhane for passport fraud is taking place.TAG_OPEN_p_9 He had filed a writ petition at the Supreme Court, arguing that the Office of the Attorney General not to file case against Lamichhane was against the law.
Earlier, the Supreme Court had ordered to summon the file in this case three times. The file was summoned on May 22, 2080 issuing a show cause order on April 22, 2020. The SC had asked the Office of the Attorney General (OAG) not to file a case against Lamichhane.
The then Attorney General Dinamani Pokhrel had decided not to file a case against Rabi Lamichhane in the passport dispute on March 20, 2022.TAG_OPEN_p_7 Poudel has filed a writ petition at the Supreme Court against this decision. Although he had filed an interim order against Lamichhane, the court refused to issue an interim order.
The petitioner has argued that the act of obtaining a Nepali passport by filling the passport application form while being an American citizen is against Section 5 (b) of the Passport Act, 2024 and it should be considered as an offence.TAG_OPEN_p_6 The petition also alleges that the Attorney General had gone beyond its jurisdiction and decided not to proceed with the case.
Poudel has demanded that the Department of Immigration (TAG_OPEN_p_5 DoI) get details of the time and purpose for which Lamichhane had used the passport. Likewise, the petitioners have demanded an interim order in the name of the Election Commission and other opposition bodies to stop Lamichhane from exercising his political rights as a Nepali citizen until a double hearing is held.
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