The Supreme Court on Wednesday directed its administration to register a writ petition challenging the decision of the Attorney General’s Office to issue a letter stating that Deputy Prime Minister and Minister for Home Affairs Rabi Lamichhane has no cases against him related to cooperatives funds misappropriation.

At Lamichhane’s request, the OAG on May 7 issued a letter in favour of Lamichhane, who also chairs the Rastriya Swatantra Party. Last week, advocate Anupam Bhattarai moved the top court challenging the decision. However, the court administration refused to register the petition.

Bhattarai went to the Supreme Court against the decision. After a hearing, a single bench of Justice Tek Prasad Dhungana directed the court administration to register the petition. “I will file the petition on Friday,” Bhattarai told the Post. Hearing in the case is likely to begin on Sunday.

Bhattarai has demanded three rulings from the top court. First, scrap the letter which was issued without any legal basis. Second, direct the OAG not to issue such letters in the future and suspend Lamichhane from his position for the duration of the investigation on the cooperatives fraud.

“It’s a given that there can be no fair investigation in the cases of embezzlement of deposits in the cooperatives as long as Lamichhane continues to hold his current position. I have sought an order for his suspension,” said Bhattarai, adding that he has also sought a strong ruling against the OAG led by Dinmani Pokharel who has misused his authority by issuing the letter.

On March 20 last year, the OAG had given a clean chit to Lamichhane saying there is no need to file a case against Lamichhane for holding dual passports of Nepal and the United States of America.

Earlier this month, it issued another letter saying there were no fraud cases registered against Lamichhane in Rupandehi, Chitwan and Kaski districts. Talking to the Post, the officials had claimed they issued the letter as per the request from Lamichhane respecting his right to information.

However, the move was widely criticised as an attempt to give a clean chit to Lamichhane in the fraud cases. He has been criticised for using the state machinery to shield himself. Last month, the Nepal Police chief, while speaking in a parliamentary committee, had claimed there were no cases against Lamichhane regarding the cooperatives scam.

Bhattarai says there is no law that permits the OAG to issue such a letter. The attorney general under political influence issued the letter, he claimed.

Ever since the formation of the new alliance on March 4, the Nepali Congress has been resorting to demonstrations in Parliament demanding a parliamentary panel to investigate the fraud charges against the home minister. The attorney general, as per the constitution, is the chief legal adviser to the government who also gives opinions and advice on constitutional and legal matters to the prime minister and other government authorities.

Pokharel, an advocate, is close to the prime minister.