The Rupandehi District Court on Monday refused to release Rastriya Swatantra Party (RSP) chair Rabi Lamichhane from judicial custody.

A single bench of Judge Narayan Prasad Sapkota, following a hearing on Lamichhane’s petition seeking release upon submitting a bank guarantee equivalent to the amount attributed to him in the case, refused to let him out.

Lamichhane, who has been in Rupandehi prison since April 4, filed the petition on August 4. He also submitted bank security worth Rs27.4 million along with his application.

Former home minister Lamichhane was sent to judicial custody in April on charges of embezzling millions of rupees deposited by the general public at the Butwal-based Supreme Savings and Credit Cooperative.

District Court Information Officer Padam Aryal stated that the bench of Judge Narayan Sapkota issued an order stating that the accused can’t be released as witness examination and further evidentiary proceedings are yet to be completed.

The order states that although the petition submitted by defendant Lamichhane, seeking to be released on bail upon furnishing a bank guarantee of Rs27.4 million is under consideration, it has been found that charges have been filed against him seeking punishment under the Cooperatives Act, 2017 and the Organised Crime Act, 2013.

The court also stated that the actual loss caused by him has not yet been determined.

“As the documents attached to the petition do not show evidence of circumstances as stated under Section 71 of the Criminal Procedure Code, 2017, it is not deemed appropriate to allow him to be released on bail based on the bank guarantee as requested in the petition,” the order reads.

The court also made it clear that since the previous order to release Lamichhane on bail under Section 68 of the Criminal Procedure Code had already been annulled by the Supreme Court through lower court proceedings, it is not permissible to re-approach the District Court under the same section.

Lamichhane also faces charges related to organised crime.

Earlier, the Butwal bench of the Tulsipur High Court on April 4 had overturned the District Court’s order to release him on bail. Advocates Narayan Kandel, Rajendra Thapa and Mahendra Pandey argued for his release under provisions of the National Criminal Procedure Act, while government attorneys opposed the move, citing the Supreme Court’s earlier decision to uphold his detention.

The cooperative fraud case alleges that Lamichhane and others transferred over Rs109 million from the Butwal-based Supreme Cooperative to Gorkha Media Network Pvt Ltd, misappropriating the funds.

Lamichhane was managing director of the media company that operated Galaxy 4k Television before he left the organisation to join politics in June 2022.

Meanwhile on Monday, a team of human rights officials inspected the Block no 4 of Bhairahawa Prison, where Lamichhane has been kept since April 4.

They visited the prison after RSP leaders accused authorities of keeping him in inhumane conditions and depriving him of basic rights.

Commissioner of the National Human Rights Commission Lily Thapa, Lumbini office chief Hari Gyawali, and Insec representative Rima BC visited the prison and spoke with Lamichhane.

According to the team, Lamichhane’s main concern was denying prison transfer despite the court’s approval. He alleged that the prison administration has ignored the court’s order. BC said Lamichhane was satisfied with the meals provided.

Thapa said the prison’s toilets were in poor condition. Lamichhane’s cell has a radio set but he has no access to newspapers. She said the cell contained two fans, but contrary to claims, no air conditioner had been installed in the block.

Thapa said Lamichhane had been barred from leaving his cell for 100 days, calling it a violation of his rights. She also criticised the prison administration for blocking the windows, which it said was for security reasons. She said Lamichhane has been denied fresh air and even his basic human rights.