Patan High Court on December 1 ordered that the high-ranking defendants of the fake Bhutanese refugee scam remain in custody as the trial goes on. While the court ordered the release of half of those arrested in the case on bail, it did not release former minister Top Bahadur Rayamajhi and former Home Minister Bal Krishna Khand.
In addition to Khand, Indrajit Rai, an advisor to former Home Minister Ram Bahadur Thapa, former Home Secretary Tek Narayan Pandey, and former lawmaker Ang Tawa Sherpa have also been ordered to be held in custody until the fake Bhutanese refugee scam proceedings are concluded.
The police arrested 20 individuals in connection to the fake Bhutanese refugee scam. Among them, 10 have been granted release on bail. There are 10 more people who are currently on the run.
These individuals are accused of collecting millions of rupees from people by promising to facilitate their resettlement in the US as Bhutanese refugees.
On June 16, the Kathmandu District Court ordered the detention of 16 people involved in the fake Bhutanese refugee scam. The accused then moved to the High Court against this order. But a joint bench of judges Janak Pandey and Prakash Kharel, upheld the order of the Kathmandu District Court, to keep eight individuals, including Indrajit Rai, Keshav Dulal, and Angtawa Sherpa, in custody.
Both judges unanimously also agreed that Sanu Bhandari, Keshav Dulal, Sandesh Sharma, Angtawa Sherpa, Govinda Chaudhary, and Sagar Rai, who are directly involved in collecting money from the victims, should be remanded in custody.
Bail bonds to a few
The High Court also directed the release of six individuals on bail. Refugee leader Tek Nath Rizal has been asked to pay a bail amount of Rs 1.5 million. Rizal was granted bail after confirmation that he did not receive money from the accused. At 76 years old, he has been living in Nepal as a refugee and is deemed not to pose any risk of leaving the country.
The court also released Sandeep Rayamajhi, son of Top Bahadur Ramayajhi on a bail of Rs 3 million. Sandeep also denied receiving money and has been confirmed not to be involved in the investigation.
Another accused, Ramsharan KC, will be released upon payment of Rs 1.5 million in bail. Notably, Ramsharan KC was a victim himself and had filed a complaint against the accused with the Commission for Investigation of Abuse Of Authority. The High Court, recognising his health condition, has requested the specified bail amount for his release.
Hajj Committee Chairperson Shamsher Mia has been told to pay Rs 1 million in bail. The government vehicle allocated to him was reportedly misused for transporting fraudulent money. The High Court has directed Mia’s release on bail without detention, citing the lack of confirmed involvement in fraud or acceptance of money on his part.
Former Home Minister Bal Krishna Khand’s secretary, Narendra KC, has been instructed to pay Rs 1 million in bail. As the victims did not recognize him and he denied the allegations in court statements, the High Court has ruled against his detention. The decision is influenced by the fact that his name was mentioned in the message exchange between Keshav Dulal and Tek Narayan Pandey.
The High Court has requested a bail amount of Rs 1.5 million from Hari Bhakta Maharjan. Maharjan had demanded money from Sandesh Sharma to deposit in a cooperative. Based on this information and the absence of evidence indicating involvement in fraud, the High Court has ordered his release on bail.
Tanka Kumar Gurung, who has been released after posting a bail of Rs 1 million, has been asked to be released on a general date. The High Court has made this decision considering that the accused’s presence at the hotel and restaurant for meetings, operated by Gurung, does not confirm his direct involvement. Therefore, the High Court has ordered his release without having to pay a bail amount.
The High Court has determined that Keshav Tuladhar should not be detained. The court reasoned that the victims did not mention his name, and the fact that the accused Hari Bhakta Maharjan used Tuladhar’s bank account for transactions does not necessarily imply his involvement in the fake Bhutanese refugee scam. Consequently, the High Court has ordered his release on a general date.
Ashish Budhathoki has also been ordered to be released on a general date by the High Court. The court reasoned that since Budhathoki did not meet the victims and there is no evidence of him asking for money from anyone, he should not be detained. The High Court stressed that transferring money to an account should not be a basis for detention.
Likewise, Lakshmi Maharjan has also been released on a general date. In her statement, she explained that her husband, Hari Bhakta Maharjan, managed her account and executed the transactions. Considering this and other factors, the High Court overturned the District Court’s order, which required Lakshmi Maharjan to pay a bail of Rs 500,000, and directed her release on a general date.
Khand’s future
In the case of the former Home Minister Khand, there is a division of opinions among the two judges. One judge did not find sufficient grounds for the decision to detain him, while the other expressed that, considering the available evidence, he should not be released on bail. The debate will now be presented to a third judge.
Patan High Court Spokesperson Tirtha Raj Bhattarai mentioned that parties who are dissatisfied with the order have the option to appeal to the Supreme Court.
“After the corresponding paperwork is sent from here to the district court, the orders for the release of those individuals will be implemented.”
