Police to submit probe report on refugee scam by May 21

Kathmandu, May20: The police investigation into the fake Bhutanese refugees scam in connection of which 16 people have been arrested so far, has reached its final stage, according to Nepal Police.

The Kathmandu District Police Range has prepared to submit the investigation report to the Kathmandu District Government Attorney Office on Sunday (May 21). 

According to an officer involved in the investigation, the police are giving their opinion to the government attorney office that the persons involved should be punished under three separate crimes during their prosecution at the District Court. 

Senior Superintendent of Police (SSP) and Chief of the Kathmandu Police Range said that preparations were being made to submit the investigation report or a file with an opinion to take the case to the court with the demand that crimes against national interest, fraud and tampering with official documents should be given maximum punishment.

The police officers of the investigation team have insisted that additional punishment should be demanded from the court under ‘organised crime’ and ‘integrated crime’ along with three offences. According to Section 51 of the Civil Criminal (Code) Act 2017, crimes against the state include “crimes against national interests”. 

There is a provision for imprisonment up to five years and a fine of up to Rs. 50,000 for the offence against the national interest.

According to section 249 of the Criminal Code, there is a provision for imprisonment up to seven years and a fine of up to Rs. 70,000 in fraud cases. The police have prepared to submit an opinion report to the attorney’s office to seek punishment under the misuse of official documents and the government seal cases. The police seized the ‘fake refugee identity cards’ given by the organised gang to the ‘victims’ trying to go to America under the quota of Bhutanese refugees, police claimed.

Along with three offences, the police have prepared to give an opinion on the need for additional punishment under organised crime and integrated offence. 

There is a provision for additional punishment for integrated offences, which is equivalent to the offence with the highest punishment and half the punishment for the offence with a lesser punishment. There is a provision that the punishment for integrated crime is seven years under fraud charge, three-and-a-half years for tempering with official documents and two-and-a-half years for crimes against the national interest with 13 years of imprisonment. There is an additional 50 per cent imprisonment for organised crime under integrated crime.

There is a provision for imprisonment up to seven years and fine up to Rs. 70,000 in the case of misusing or tampering with the government seal and signatures.

Police have said that there is a provision that the punishment for integrated crime is seven years, three-and-a-half years for fraud and two-and-a-half years for crimes against the national interest, which means if the crime is proven they are liable to undergo 13-year imprisonment. 

According to Section 9 of the Prevention of Organised Crime Act 2013, the public prosecutor can request an additional 50 per cent penalty for all crimes. 

An officer for the District Police Range, Kathmandu said that an investigation report was being prepared asking for a total of 28 and a half years of imprisonment along with three main offences.

The officer said, “We will submit an opinion to take the demand of 28 and a half years of imprisonment for all the accused with 50 per cent addition for the offence of committing organised crime.”

Offences under fraud, tampering with official documents and crimes against national interest include altogether 19 years of imprisonment. And for an organised crime, the investigation officers are giving an opinion to the public prosecutors that the punishment should be up to 28 and a half years with an additional 50 per cent, claimed investigating officers.