Overview of the Case
In a significant legal development, the Kathmandu District Court has convicted several high-profile individuals involved in a fraudulent scheme that misrepresented Nepali citizens as Bhutanese refugees. The case, which centers around the fake Bhutanese refugee scam, has led to the conviction of former deputy prime minister Top Bahadur Rayamajhi, former home minister Bal Krishna Khand, and 14 others.
The court found the accused guilty of various charges, including forgery, fraud, organized crime, and offenses against the state. These convictions came after three years of legal proceedings, with Judge Tej Bahadur Khadka presiding over the case. The defendants were found to have conspired to send Nepali citizens to the United States by passing them off as Bhutanese refugees, thereby undermining the dignity of Nepali citizens and damaging Nepal’s international reputation.
Key Convicted Individuals
Among those convicted are:
- Former Home Secretary Tek Narayan Pandey
- Members of the network: Keshav Dulal, Sanu Bhandari, Sagar Rai, Sandesh Sharma, and Sandesh Sharma
- Indrajit Rai, security adviser to then home minister Ram Bahadur Thapa
- Govinda Chaudhary, former Nepali Congress lawmaker Angtawa Sherpa
- Shamsher Miya, then chair of the Haj Committee
- Narendra KC, personal secretary to then home minister Khand
- Hari Bhakta Maharjan, alleged middleman
- Niranjan Kumar Kharel
The court has yet to determine the penalties for these individuals, with a sentencing hearing scheduled for July 13.
Acquittals and Absconding Defendants
Of the 31 individuals originally charged, seven were acquitted due to insufficient evidence from the prosecution. These include:
- Sandeep Rayamajhi (son of former deputy PM Rayamajhi)
- Ram Sharan KC
- Tanka Kumar Gurung
- Pratik Thapa (son of UML leader and former Maoist commander Ram Bahadur Thapa)
- Laxmi Maharjan
- Keshav Tuladhar
- Ashish Budhathoki
Additionally, the cases against the remaining absconding defendants have been kept in abeyance. These include:
- Ashok Pokharel
- Dhiren Rai
- Deepa Humagain
- Niraj Rai
- Rajesh Aryal
- Mohan Raj Rai
- Binita Sawden Limbu
- Sunil Budhathoki
Legal Findings and Charges
The court’s order highlights several key findings:
- Forgery: The offense was established as the fake report altered and added to the contents of the original report, with evidence of counterfeit identity cards issued to individuals claiming to be Bhutanese refugees.
- Fraud and Organized Crime: The fraud involved coordinated participation from politicians, bureaucrats, government employees, and middlemen. The court emphasized that such acts cannot be considered ordinary fraud committed by individuals.
- Offenses Against the State: The scheme was deemed an offense against the state, as it directly undermined the dignity of Nepali citizens and tarnished the country’s international image.
Convictions and Roles
Several individuals were specifically convicted for their roles in the scheme:
- Tek Nath Rizal, exiled Bhutanese leader, along with alleged network members Dulal and Sanu Bhandari, was convicted of forgery.
- Dulal, Bhandari, Sagar Rai, Sandesh Sharma, Indrajit Rai, Govinda Chaudhary, Angtawa Sherpa, former home secretary Pandey, and Rayamajhi were convicted of fraud and organized crime.
- Bechan Jha, a middleman, was convicted of fraud.
- Khand was convicted as an accomplice in organized fraud, even though there was no evidence he personally received any money.
- Rizal, Narendra KC, Shamsher Miya, Hari Bhakta Maharjan, and Niranjan Kumar Kharel were also convicted as accomplices in organized fraud, with no evidence of personal financial gain.
Legal Proceedings and Timeline
The Kathmandu District Government Attorney’s Office filed the case on May 24, 2023, against 31 individuals, including Rayamajhi and Khand, charging them with four offenses: forgery, fraud, organized crime, and offenses against the state.
At the time of filing, 18 of the accused had been arrested. On June 15, 2023, a bench of Kathmandu District Court Judge Prem Prasad Neupane ordered Tanka Gurung to post bail of Rs1 million and Laxmi Maharjan Rs500,000, while remanding the remaining 16 arrested defendants to judicial custody pending trial.
The defendants who were detained challenged the order at the Patan High Court, where some of the accused were later released either on bail or on a regular court appearance (general date) pending trial.
Background of the Scandal
The scandal first came to light after Kantipur exposed the scheme in May 2022. The revelation prompted investigations by the Kathmandu District Police Range and the Kathmandu Valley Crime Investigation Office.
