Court to hear Rabi’s passport misuse case

KATHMANDU: The Supreme Court has scheduled a hearing on Monday regarding the passport misuse controversy involving Rastriya Swatantra Party (RSP) President Rabi Lamichhane.

The case will be heard by a bench of Justices Sapana Pradhan Malla and Nrip Dhwaj Niraula.

The petition challenges the decision of the Attorney General’s Office not to file a case against Lamichhane for obtaining a Nepali passport while holding U.S. citizenship.

The writ, filed two years ago by Yubaraj Paudel (Safal), claims that the Attorney General’s decision was legally unsound.

Previously, the Supreme Court, treating the matter seriously, ordered the submission of relevant files three times.

On Chaitra 22, 2079, a “show-cause order” was issued in the matter, and on Jestha 9, 2080, the Attorney General’s Office was directed to submit the necessary documents. After the office submitted a report explaining its reasoning for not pursuing a case, a “dual hearing” between both parties is now expected.

The then Attorney General, Dinmani Pokharel, had ruled on Chaitra 6, 2079, that no case should be filed against Lamichhane.

The petitioner, however, described the decision as “malicious” and “beyond jurisdiction” and approached the Supreme Court.

At that time, the court had declined to issue an interim order restraining Lamichhane from performing his duties.

The petition claims that Lamichhane provided false information to obtain a Nepali passport while retaining U.S. citizenship, violating Section 5(b) of the Passport Act, 2024.

Paudel argues that the Attorney General’s claim that Lamichhane acted without criminal intent contradicts legal principles.

The petitioner has requested detailed records from the Department of Immigration regarding when and for what purposes Lamichhane used the passport.

He has also sought an interim order preventing Lamichhane from exercising political rights through the Election Commission and other authorities until the matter is resolved.