10 January, Kathmandu. The government is going to the Supreme Court against the High Court’s decision to release cricketer Sandeep Lamichhane on bail. The attorney general’s office is preparing to move the Supreme Court seeking to reverse the high court order and keep Lamichhane in custody and dispose of the district court case.
“A report has come from the office of the High Public Prosecutor, Patan with an opinion,” said Sanjivraj Regmi, spokesperson for the Attorney General’s office, “The study is being done here, a decision will be taken after its completion and we will approach the Supreme Court.” Will file a petition.”
According to the Attorney General’s office, an associate counsel has been assigned the responsibility of studying the High Court order and the opinion prepared by the public prosecutor who disagreed with it. During the study, the public prosecutor is preparing to question three main errors in the order.
Firstly, the High Court held that there was some evidence in the case against Lamichhane that he was involved in rape. The court acknowledged that evidence such as the victim’s bank statement and hotel lockbook records would contradict the claim that Lamichhane was not involved. On the other hand, a rape case involving Lamichhane carries a sentence of more than 10 years.
Co-counsel Regmi said, “There is a legal system where the accused is involved in a case punishable with imprisonment for more than 3 years, and the case should be kept in custody,” on the one hand, there is an allegation, on the other hand, prima facie evidence shows that the accused is involved, and this ground is sufficient to claim that he should be kept in custody.”
The attorney general’s office is set to seek quashing of the High Court order saying the judge cannot take a decision on his own based on the use of irrelevant precedents, interpretation of the national and international environment and subjective interpretation. of legal principles, when the law itself does not even envisage release on bail. Spokesperson Regmi said, ‘After taking a decision in 3-4 days at the most, we file a petition in the Supreme Court.’
The original case of rape allegations against Lamichhane is pending in the Kathmandu District Court. The district court trial against Lamichhane was affected as the relevant files and condition reports reached the High Court.
If the dispute of keeping in jail or releasing on bail reaches the Supreme Court, then all the files will reach the Supreme Court. The main case of gratuitous rape will proceed in the district court only after the Supreme Court scrutinizes the order of the High Court and finalizes it.
Police has registered a case against cricketer Sandeep Lamichhane for raping a girl in a hotel. He was abroad when the case was registered and was arrested at the Tribhuvan International Airport on his return to Nepal. Overturning the district court’s order to keep him in custody, the Patan High Court ordered his release on a bond of Rs 20 lakh.