Kathmandu– The Special Court has ordered the release of Tribhuvan International Airport’s Chief Immigration Officer and Joint Secretary Tirtharaj Bhattarai on a bail of Rs 2.5 million in connection with the visit visa scam. The decision was delivered by a majority verdict, with one judge issuing a dissenting opinion seeking his detention.
Special Court Chairman Sudarshan Dev Bhatta and member Narayan Prasad Poudel ruled that Bhattarai should be released on bail, while another member, Judge Dilli Ratna Shrestha, opined that he should be sent to judicial custody for trial. As per legal provisions, the majority decision prevailed.
The Commission for the Investigation of Abuse of Authority (CIAA) has accused Bhattarai of facilitating foreign travel for individuals on visit visas in exchange for bribes amounting to approximately Rs 8 million. However, the majority bench noted that the alleged amount was not recovered from Bhattarai and that he denied the charges during his statement.
The court also cited that none of the individuals who travelled abroad on visit visas had filed formal complaints, although the CIAA submitted statements of some returnees as part of its chargesheet. Based on diaries, mobile forensic reports, and records of land transactions, the court invoked Section 7(d) of the Special Courts Act, 2059 BS, which allows bail when immediate detention is deemed unnecessary.
In his dissenting opinion, Judge Shrestha highlighted data showing that out of more than 154,000 individuals who travelled abroad between Ashoj 2078 and Jestha 2079, around 42,000 had not returned. He noted evidence suggesting Bhattarai’s coordination with agents, symbolic financial records, and banking transactions linked to the case.
Stressing the sensitivity of immigration services and the risks borne by Nepali citizens travelling on visit visas, Judge Shrestha argued that Section 7(e) of the Act should apply, warranting detention despite other legal considerations.
With the majority ruling in favor of bail, Bhattarai will be released upon depositing Rs 2.5 million.
