By Sisir Dhakal
KATHMANDU: The suspension of Rastriya Swatantra Party Chairman and elected legislator for Chitwan-2, Rabi Lamichhane, from the House of Representatives has reignited questions about the nexus between crime and politics in Nepal.
The suspension follows a money laundering case filed against him in the Kaski District Court, according to the House Secretariat’s announcement.
However, critics have accused the government of selectively targeting opposition figures while turning a blind eye to allegations against its own leaders.
Nepal’s political landscape is rife with allegations of corruption and organized crime, with high-profile scandals—including the fake Bhutanese refugee scam, Lalita Niwas land grab, gold smuggling cases, and cooperative frauds—still unresolved.
Despite mounting evidence against prominent leaders from major parties like the UML and Nepali Congress, no significant investigations have been conducted by the police.
This culture of impunity allows organized criminals, white-collar criminals, and corrupt officials with political ties to operate without fear of prosecution.
The Nepali judiciary, heavily influenced by politics and appointed through party quotas, further undermines the rule of law.
Main opposition party leader and former Prime Minister Pushpa Kamal Dahal, “Prachanda,” voiced his concerns in Parliament, stating that the current government was formed to shield corrupt individuals under the guise of governance reform while weaponizing anti-corruption drives to target its political rivals.
The protection of politically connected criminals has not only emboldened crime but also undermined public trust in law enforcement and the judiciary.
Instead of combating crime, several governments have used the police to settle political scores, leaving serious crimes unchecked.
This dysfunction has paved the way for vigilante justice and allowed criminal networks to thrive. With power dynamics shaping law enforcement at every level—local, national, and even regional—the fragile boundary between governance and lawlessness continues to blur.
Several people’s representatives, including federal parliament members, provincial ministers, and local government officials, are currently in police custody for their alleged involvement in criminal activities, including serious offenses.
The Nepal Police is investigating numerous cases, raising significant concerns about the integrity and accountability of lawmakers entrusted with the responsibilities of legislation and governance.
According to the Nepal Police database, 37 people’s representatives are in custody for further investigation into their alleged involvement in various crimes.
These individuals include two federal parliament members, one provincial minister, one mayor, one rural municipality chairperson, one vice-chairperson, and several ward chairpersons.
Many are allegedly involved in cooperative scams. Additionally, three face charges of attempted murder, one for abduction, two for acts of discrimination, and one for child sexual abuse.
MPs Under Police Investigation and in Custody
Several Members of Parliament (MPs), responsible for making laws, are currently in police custody for violating the law, while some are still under investigation.
For example, Deepak Manange, an MP from the Gandaki Provincial Assembly, is in jail following a Supreme Court verdict that found him guilty of attempting to murder Milan Gurung.
Investigations into cooperative scams are ongoing against Rabi Lamichhane, President of the Rastriya Swatantra Party, following a recommendation by the Parliamentary Committee.
Additionally, an investigation into money laundering is underway. Meanwhile, Congress MP Dhanraj Gurung was interrogated by a team from the Central Bureau of Investigation regarding the Miteri Cooperative scam for five hours on November 13.
An investigation into Rastriya Prajatantra Party MP Geeta Basnet regarding the cooperative scam is also ongoing, with a case registered against her in Nawalparasi.
MP Top Bahadur Rayamajhi has been remanded to custody for trial in connection with the fake Bhutanese refugee case and was suspended from his position as an MP after being remanded.
Recently, following the recommendation for an investigation into money laundering against Rabi Lamichhane, discussions have arisen regarding whether he will be suspended from his position as an MP.
Parliamentarians from the Rastriya Swatantra Party have urged Speaker Devraj Ghimire not to suspend him.
On Monday, Rastriya Swatantra Party MPs Santosh Pariyar, Sobita Gautam, and Ganesh Parajuli met Speaker Ghimire at Singha Durbar and requested him not to suspend Lamichhane, citing the precedent of MP Tek Bahadur Gurung.
"We have requested the Speaker not to suspend him, providing the precedent of MP Tek Bahadur Gurung," said Ganesh Parajuli. The Speaker informed them that he is seeking legal consultation on the matter.
What Was the Case of MP Tek Bahadur Gurung?
Gurung was elected as a Member of Parliament from Manang in the general election held on December 4 last year.
At the time of his candidacy, a corruption case was already under consideration against him.
During his tenure as the State Minister for Labour and Employment, Gurung faced allegations of corruption related to renting land at Kathmandu Funpark, which led to a case being filed against him at the Special Court.
Following a letter from the Commission for the Investigation of Abuse of Authority (CIAA), Gurung was suspended by the Parliament Secretariat on December 12, 2022.
In the case, the Special Court found him guilty and imposed a fine of NPR 1,21,84,000.
After the verdict, Gurung filed a petition with the Supreme Court seeking the revocation of his suspension.
The Supreme Court, while hearing his case, determined that the letter from the CIAA and the subsequent suspension notice issued by the Parliament Secretariat were flawed. Consequently, the Supreme Court overturned the suspension through an order of remand.
What Are the Provisions of the Money Laundering Act and Parliamentary Regulation?
Section 27 of the Money Laundering (Prevention) Act states: “A person holding any position in an organized institution established under prevailing law, or a government employee, or any public servant, shall be considered suspended during the period of detention under this Act, and until the completion of the case filed under Section 22, such person will remain suspended.”
This section mentions automatic suspension, which applies to MPs as well, meaning it does not require a letter from the police or notice from the Speaker.
However, parliamentary regulations provide a slightly different arrangement. According to Section 248(3), suspension does not occur automatically upon the filing of a case. Suspension only takes effect when an MP is detained and remanded for trial.
In accordance with parliamentary regulations, UML MP Top Bahadur Rayamajhi, who was arrested in the Fake Bhutanese refugee case, was suspended by the Speaker only after the court remanded him to custody for trial.
Constitutional expert Bhimarjun Acharya stated that in the case of an MP's suspension, the provisions outlined in the Regulation of the Federal Parliament must be followed.
"The suspension procedure mentioned in the Money Laundering Prevention Act will not be applicable to parliamentarians. Parliamentarians will be suspended following the provisions in the Regulation of the Federal Parliament," he said.
In Lamichhane's case, the court's decision will be crucial. If the court decides to remand him for trial in custody, he will be suspended as an MP.
If the investigation proceeds with bail, the question remains whether he will be permitted to continue functioning as an MP.
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