KATHMANDU.  The police will give an opinion to the public prosecutor’s office to try the 32 people involved in the case of sending Nepali citizens to the United States as fake Bhutanese refugees for fraud and organized crime.

The police have concluded that at least five of the accused, including four high-ranking and Bhutanese refugee leaders, should be prosecuted for crimes against the state. Among the accused, 16 people, including the former deputy prime minister, former minister, and current secretary, are under police custody.

The report prepared on Saturday after 55 days of investigation into the case of fake Bhutanese refugees is being submitted by the Kathmandu Police to the public prosecutor’s office on Sunday. A complaint of fraud in the name of making Bhutanese refugees was filed in Kathmandu Valley Crime Investigation Office in May last year. About 10 months later, on Chait 12, the police arrested the three accused and started the investigation. During the investigation, more than 100 people filed a complaint with the police, claiming that the gang had cheated about 26 million rupees. It is estimated that the gang raised more than 1 billion rupees.

In the investigation report, there is an opinion that a written report should be sent against the former and current accused holding public positions through the Commission for Investigation of Abuse of Authority, and in the case of corruption and other cases through the Investigation Department of Money Laundering for further investigation.

“In the case of crimes against the state and crimes against the state, an opinion has been given to seek punishment according to the role, involvement and public position of the defendant,” a senior police officer told Kantipur. According to the facts and evidence, even though the police have given an opinion to demand punishment by applying strong provisions of the law, the situation is not certain because the political and administrative power centers are constantly manipulating behind the scenes to weaken the case.

According to the police officer, action has been recommended against former Deputy Prime Minister and UML MP Top Bahadur Rayamazhi, former Home Minister Balkrishna Khan, Nepal Government Secretary Tek Narayan Pandey and then Home Minister Ram Bahadur Thapa’s security advisor Indrajit Rai for crimes against the state. Rightist leader Teknath Rizal, who is also a Bhutanese refugee, has been recommended to be prosecuted for crimes against the state, except fraud and organization. It is mentioned in the report that Rizal has committed a crime against the country where he has taken refuge.

“Investigation confirmed that there was a conspiracy to make Nepalese Bhutanese refugees with the involvement of people in important and highly sensitive positions such as the Deputy Prime Minister, Home Minister, MP, Home Secretary and Advisor to the Home Minister,” a police source told Kantipur, “That’s why at least four people in public positions and Bhutanese refugee leader Rizal have been charged against the state. More punishment has been demanded even in crimes.’

Keshav Dulal and Sanu Bhandari have been kept as the main planners of the refugee case. According to the police officer involved in the investigation, it seems that their plan is to make Nepali refugees and send them to America. To make the plan successful, the gangsters took the rightist leader Rizal, who is also a Bhutanese refugee, by the hand. With Rizal’s help, it has been found that money was collected from the common people by distributing refugee identity cards made by mentioning the names of various settlements in Bhutan.

The police concluded that former Deputy Prime Minister Rayamazhi, then Home Minister Ram Bahadur Thapa’s security advisor Rai, former Home Minister Balkrishna Khan, then Home Secretary Teknarayan Pandey played a role in making policy decisions by abusing their public positions to include Dhanda in the list of refugees. According to the police, the investigation revealed that the gang had repeatedly paid them large sums of money. The gang had formed groups in 2 to 3 levels to run this business. In order to confirm that, Nike and his associates of the gang, who are in police custody, have given statements.

Attorney General Dinmani Pokharel said that the investigation is being done by the District Public Prosecutor’s Office and requested to understand the details from there. He said that since the case has to be submitted to the court within a few days, the work is being done accordingly. “In addition to fraud and organized crime, additional punishment may be demanded based on involvement and role,” he said.

Achyutamani Neupane, head of the Public Prosecutor’s Office, Kathmandu, said that only after the investigation report from the police comes and studies, it will be decided what kind of punishment will be demanded. ‘Since the investigation of the case is based on fraud and organized crime, the case has to go according to the relevant section. We can say about the rest only after the report comes,’ he said, ‘We have told the police to do what you see, we will do what we see.’ The police also involved government lawyers in writing the investigation report. The police have recommended that the employees of the Ministry of Home Affairs, who are aware of this case, be included as ‘witness evidence’.

According to the official involved in the investigation, it is seen that the then Home Secretary Teknarayan Pandey added fake details as per the plan of the gang by disappearing the report made by the working group led by the former Joint Secretary Balkrishna Panthi. The police are of the opinion that he should be prosecuted for his crime. “It is seen that gang members Keshav Dulal and Sanu Bhandari are involved in entering fake details after filing the report,” said the officer.

The police arrested Dulal, Bhandari and Tank Gurung, the gang leaders, from Kathmandu on March 12. Gang members Sagar Thulung Rai and Sandesh Sharma were arrested on Chait 15 and Sandesh Sharma on Chait 29. Based on their statements and further investigation by the police, former home minister Thapa’s security advisor Rai was arrested on April 19 and secretary Pandey and son of former deputy prime minister Rayamazhi, Sandeep, were arrested on April 20. Gang members Ram Sharan KC and Gobind Choudhary were arrested on Baishak 26 and former Home Minister Balkrishna Khan and his personal secretary Narendra KC when he was Home Minister were arrested on Baishak 27. Similarly, former Deputy Prime Minister Top Bahadur Rayamazhi was arrested on May 31, former Speaker Angtawa Sherpa on May 1, and Bhutanese refugee leader Teknath Rizal and Nepal Haj Committee Chairman Shamsher Mian were detained by the police on May 4. Former Home Minister Thapa’s son Prateek, Indrajit Rai’s son Neeraj, gang members Ashok Pokharel,

What is in the law?

The police concluded that the accused in the fake refugee case should be prosecuted for four offences, namely crime against the state, organized crime, fraud and racketeering.

Article 5 of the Constitution states that ‘Nepal’s independence, sovereign power, geographical integrity, national independence, self-respect, protection of the rights and interests of Nepalese, border security, economic development and prosperity will be the basic issues of Nepal’s national interest’. According to Section 51 (2) of the original Criminal Code 2074, a case against the State can be prosecuted against those who commit an offense contrary to Article 5.

In Section 51 (2) of the Code, it is said that ‘no one shall do or cause any act which is adverse to the national interest’. In it, it is mentioned that if you do something that insults, incites or spreads hatred or malice towards Nepal’s independence, sovereignty, geographical or territorial integrity, nationality, independence, self-respect or the international image of Nepal, action can be taken as a crime against the state. Those who commit this offense can be imprisoned for up to 5 years and fined 50,000 rupees. In addition, it is said that if the transaction is found, the amount will be confiscated. If a person holding a public office or representing Nepal commits the offense while traveling abroad, he can be sentenced to imprisonment for an additional three years.

In section 249 of the Criminal Code 2074, “If someone trusts someone with something, does not do so or does or prevents from doing any work by lying, lying or in any other way deceiving such person or any other person, dishonestly causes any kind of loss, damage or damage to himself or others. It is mentioned that if you get any benefit for someone, you are cheating. In the case of refugees, an investigation has also been carried out under the section related to fraud and organized crime, showing the temptation to take money from Nepalis to America.

Section 3 of the Prevention of Organized Crime Act-2070 states that ‘No one shall commit or cause organized crime’. In that section, it is mentioned that ‘anyone knowingly commits a serious crime for the benefit of a criminal group, on behalf of a criminal group on behalf of a criminal group, or as a founding member or member of a criminal group, is considered to have committed an organized crime’. It is mentioned that the person who commits this offense will be punished with an additional 50% in addition to the offense of fraud. Fraud in refugee cases can be punished with imprisonment up to 7 years and a fine of up to 70,000 rupees. It is mentioned that the punishment will be the same in Kirte. There is a provision of additional 50% punishment in addition to the punishment mentioned in the organized crime and kirte in the offense of fraud. Similarly, in section 276 of the Code, there is a provision for imprisonment and fines equal to fraud.