Judge Krishnaram Koirala has ordered that former home minister Balkrishna Khan should be released on bail by putting forward six different grounds.
Congress leader Balkrishna Khan, who was remanded in custody by the Kathmandu District Court in the case of fake Bhutanese refugees, will be released on the order of the High Court. On Thursday, Patan High Court Judge Krishnaram Koirala ordered Khan to be released from jail on a bond of Rs 30 lakh. Earlier on December 15, the bench of High Court Judges Janak Pandey and Prakash Kharel could not give a decision on whether to send Khan to pre-trial detention or release him on bail. Kharel gave an opinion to send Khan to prison for preliminary investigation, while Judge Pandey gave an opinion to release Khan on a bond of 30 lakh rupees.
After a difference of opinion between the judges, the case was sent to the bench of the third judge of the High Court. In the same case, Khan was to be released after Judge Koirala supported Pandey’s opinion on Thursday. On Thursday, Judge Koirala, showing six different grounds, ordered the release on bail saying that it cannot be said that there is any involvement of the mine in the case of fake Bhutanese refugees. First base, after being arrested by Balkrishna Khan. He completely denied the accusations against him when he stated to the police and the court in the presence of the public prosecutor. Khan was accused of altering the report on Bhutanese refugees submitted to the Ministry of Home Affairs.
The Ministry of Home Affairs staff said in a statement that they did not know how the report was altered. Judge Koirala made the statement that the then-secretary of the Ministry of Home Affairs, Teknarayan Pandey, did not show any interest in the report. The district court in Kathmandu had ordered the WhatsApp conversation between Keshav Dulal and Teknarayan Pandey, who were involved in the fake refugee case, as evidence of Balkrishna Khan’s involvement. High Court Judge Koirala has argued that it is not confirmed that the gift is money in the dialogue. The claim that Balkrishna Khan took that amount from Keshav Dulal has been denied by Keshav Dulal as the third ground for bail. It is said in the order, “Defendant Keshav Dulal denied the fact that he did not meet defendant Balkrishna Khan and heIt has been mentioned that no amount has been given….’ Keshav Dalal, in his statement to the police for the second time, claimed to have given Teknarayan Pandey 1 crore 25 lakh rupees. But former Speaker Angtawa Sherpa denied the allegation. Judge Koirala mentioned this as the fourth ground for not confirming the involvement of the mine. After his arrest, the then-secretary Teknarayan Pandey wrote a letter addressed to Balkrishna Khan’s secretary Narendra KC.
The judge said that Balkrishna Khan’s name was not mentioned in that letter as the fifth ground for releasing Khan on bail. The fact that the then Home Secretary Teknarayan Pandey’s diary and pen were not recovered while he was in police custody has become the sixth basis for the order to release him on bail. Based on these six, Judge Koirala has concluded that there is no need to keep Balkrishna Khan in custody in the fake refugee case. In the order, Judge Koirala said, “When it is seen that the missile is directly involved in the crime from the evidence, the Kathmandu District Court on June 1, 2080The order to keep him in custody for trial has been revoked and the opinion of keeping the case for trial has been maintained after taking a bail of 30 lakh rupees. Earlier, Judge Koirala fully supported the opinion given by Judge Janak Pandey on 15th December and in the end, he stated that ‘from the evidence involving the missile, there is a lack of direct involvement in the crime’, Khan will be released on bail. Earlier, Judge Pandey did not disclose the basis and reason why he asked for a bail of 30 lakh rupees, Judge Koirala also did not disclose the reason for the decision. In the case of fake Bhutanese refugees, on 15th December, the High Court ordered that 16 people, including former minister Top Bahadur Rayamazhi, should be sent to prison for preliminary investigation. Similarly, it ordered the release of 6 people including Bhutanese refugee leader Teknath Rizal on bail.