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A comprehensive debate, discussion, and special interview with former Attorney General and Senior Advocate Dr. Dinmani Pokharel. Today's guest is Dr. Dinmani Pokharel.
Cooperative fraud, organized crime, and money laundering issues have been raised against Rabi Lamichhane, the chairman of the Rastriya Swatantra Party, who has been released on bail of 60 lakhs, 65 lakhs, and 1 crore from three district courts and is currently fighting the cases. After the cases were filed, Lamichhane's position as a Member of Parliament was also suspended under the Money Laundering Act. After being released on bail, he submitted an application to the Parliament Secretariat demanding the revocation of his suspension as a Member of the House of Representatives.
Some time ago, Congress MP Tek Bahadur Gurung was also accused of corruption but was released after fulfilling the legal requirements and paying the fine. After his release, Gurung not only filed a writ petition in the Supreme Court to revoke his suspension but also received his past salaries. However, the Supreme Court's decision was widely criticized. Currently, the process of reviewing the Supreme Court's decision regarding Gurung has moved forward.
Given that Gurung had previously taken advantage of this provision, there are voices questioning why Rabi Lamichhane should not be able to do the same. Therefore, unless the Supreme Court's precedent is overturned, it seems likely that Lamichhane's suspension will also be revoked. However, since the Commission for the Investigation of Abuse of Authority (CIAA) has filed a review petition against the Supreme Court's decision to revoke Gurung's suspension, the outcome of this review will be crucial. If the previous decision is upheld, it will continue to apply as a legal precedent. If the decision is reversed, Gurung's position will be suspended again, and the same will apply to Rabi Lamichhane.
This is because Rule 248 of the House of Representatives Regulations, 2079, states that even if any offense is charged, if a person is released on bail, is not currently in custody, and is not a fugitive, the position of such a Member of Parliament or public office holder will not be suspended. This provision may, over time, reduce the respect and trust in Members of Parliament.
Summary:
Rabi Lamichhane, chairman of the Rastriya Swatantra Party, is facing charges related to cooperative fraud, organized crime, and money laundering. He has been released on bail from three district courts and is fighting the cases. His position as an MP was suspended under the Money Laundering Act, but he has applied to revoke the suspension. Similarly, Congress MP Tek Bahadur Gurung, who was also accused of corruption, had his suspension revoked by the Supreme Court, a decision that faced criticism. The CIAA has filed a review petition against Gurung's case, and its outcome will set a precedent for Lamichhane's case. According to Rule 248 of the House of Representatives Regulations, 2079, MPs released on bail and not in custody or fugitive status will not face suspension. However, this provision may undermine public trust in Parliament over time.
प्रतिनिधिसभा नियमावली २०७९ को नियम २४८ ले जे सुकै कसुर लागेको भएपनि डरौटि राखेर छुटेको भएपनि, अहिले हिरासतमा छैन र फरार पनि हैन भने त्यस्ता साम्सद र सार्वजनिक पद धारणाका गरेका व्यक्तिको पद निलम्बनमा नपर्ने उल्लेख छ। यसले कालान्तरमा संसदमा बस्ने सांसदहरु प्रतिको सम्मन र विस्वासमा कमि ल्याउन सक्ने देखिन्छ।
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