KATHMANDU, Nov 30: The acquittal of the former minister of Koshi province Lila Ballabh Adhikari without trial, whom Japan arrested on charges of human trafficking and smuggling, has drawn criticisms from various quarters.
The Kathmandu District Government Attorney's Office (DGAO) released him without trial. He traveled to Japan on October 27 to participate in a cultural program but the Japanese police deported him.
The DGAO chose not to forward the case to court, regardless of whether the incident would have come to light if Adhikari had entered Japan. "The police submitted a report to file charges, but the DGAO released him. Even though he may appear innocent, if the case had gone to court, it would have carried a different meaning. By releasing him, the DGAO has opened the door of doubts regarding the significance of the police investigation," said one government lawyer.
While some claimed there was no evidence of Adhikari's involvement in human trafficking and that he had ended up in Japan due to a broker's scheme, they, in any case, emphasized that only the court could prove his innocence. Adhikari flew to Japan with three youths from Kathmandu on the same flight and was deported back.
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Authorities charged everyone arrested in the case, but they granted him release, which has sparked widespread criticism. The three youths, who paid money to the broker to go to Japan, faced charges of human trafficking and document forgery.
Apart from Minister Adhikari, authorities named 11 others as defendants. In this case, the Kathmandu District Court has ordered the detention of three individuals until further investigation. District Judge Balram Lamsal's bench issued the order for their pre-trial detention.
The court ordered detention of Mahesh Pandey, 34, from Tripurasundari Rural Municipality-6 in Dhading, Jugel Rizal, 22, from Bidur Municipality-7 in Nuwakot, and Bir Bahadur Sunuwar, 30, from Jiri Municipality-9 in Dolakha. Additionally, the court has released three individuals on bail and two on their own recognizance.
The police arrested former Minister Adhikari in Biratnagar on November 1 and brought him to Kathmandu. Along with Adhikari, Dawa Sherpa, 36, and Janak Rai, both from Khotang, and Kanchan Devkota, 22, from Rasuwa flew to Japan on a Cathay Pacific flight.
Joint Attorney at the Kathmandu DGAO, Sandesh Shrestha, said that Adhikari was released because there was no evidence to proceed with the case. He claimed that if new evidence surfaced, the investigation could reopen.
Shrestha explained that the police had been informed about the incident at Japan's Narita Airport, and before leaving the airport, Minister Adhikari had sent a message to DIG Rajan Adhikari, who heads Nepal Police's Special Bureau, and to Chandra Kuwar Khapung, the Province Police Chief of Koshi.
There was a lengthy communication between DIG Adhikari and Minister Adhikari. The Japanese government had deported the three youths who had traveled with Adhikari due to entry restrictions, but Minister Adhikari returned on his own. Based on these observations, Shrestha stated that former minister Adhikari was granted release.
The DGAO released former Minister Adhikari, stating that ‘no substantial evidence was found’. However, the police submitted a report to the DGAO, presenting grounds for suspicion against him. A police officer involved in the investigation stated that there is a basis to present him as a middleman. Sources claim that centers of power pressured the DGAO to release him.
A police officer involved in the investigation found that former Minister Adhikari sent a photo of Janak Rai's fake ID card to Yograj Gautam via WhatsApp. In his statement, Adhikari also mentioned that Yograj had proposed the idea of him going to Japan. Adhikari told the police that he accepted the offer gladly because the organizer would cover the expenses. The DGAO also included this detail in the report submitted to the court. The charge sheet further states that Adhikari had previously traveled abroad on organizer’s expense.
People with access to power often manage to avoid scrutiny despite being under investigation, and former Minister Adhikari is no exception. On October 28, a day before his departure to Japan, Chief Minister Hikmat Karki stated that the federal government should decide on his foreign trip. However, Adhikari hastily flew to Japan at the expense of a broker. After returning, he claimed he did not know anyone, even though photos of him meeting with brokers from Kathmandu had already been made public.
