The Rastriya Swatantra Party chair Rabi Lamichhane has said the court cannot question the Office of the Attorney General’s decision not to take forward his passport case in the court.
Lamichhane has claimed that the attorney general has taken a judicious decision on his passport case by following due process as per the constitutional provision and that the decision cannot be questioned and therefore should be deemed appropriate. The Attorney General had earlier decided not to pursue the passport case against Lamichhane, who is accused of acquiring a Nepali passport through an invalid citizenship certificate.
“This is the constitutional right of the attorney general and the decision will be final,” states the written statement Lamichhane submitted to the Supreme Court. “No one has the right to question the judicious decision taken by the attorney general.”
The statement submitted by advocate Mohammad Aftab Alam on behalf of Lamichhane quotes Article 158(2) of the constitution that states the attorney general has the authority to decide whether or not to take the case to court on behalf of the government.
Article 158(2) of the constitution states that except as provided otherwise in this Constitution, the Attorney General shall have the right to make a final decision as to whether or not to institute any case on behalf of the Government of Nepal in any court, judicial institution or authority.
However, the writ petitioner Yubaraj Poudel claimed that the attorney general’s authority as stipulated by Article 158(2) cannot be used in the case of Lamichhane because everything is crystal clear including the evidence of his crime and he has already admitted to it.
“The article can only be used when the case will have an adverse effect on the person who is actually innocent,” said Poudel. “But in this case, Lamichhane has already admitted