Kathmandu, Mar 5: The Commission for the Investigation of Abuse of Authority (CIAA) has filed an appeal at the Supreme Court on Tuesday, challenging the Special Court’s verdict on the Lalita Niwas land grab case, claiming it to be flawed.
The CIAA argued that the Special Court’s ruling regarding the illegal transfer of government-owned land within the Lalita Niwas compound into private ownership was unsatisfactory. The case involved multiple defendants, including Kaladhar Deuja, and the commission found the court’s decision inadequate.
The commission had initially filed the case on Magh 22, 2076 BS. On Falgun 3, 2080 BS, the Special Court acquitted some defendants while giving partial clearance to others. Dissatisfied with the verdict, the CIAA re-listed former ministers Bijay Kumar Gachhadar, Dambar Shrestha, and Chandra Dev Joshi as defendants in its appeal.
The CIAA cited several reasons for challenging the verdict, including the Special Court failed to properly analyze and evaluate the evidence, individuals who illegally influenced government officials for personal gain were not adequately punished, the court did not impose necessary penalties and fines, despite substantial evidence of corruption, and the ruling protected high-profile politicians and former senior officials, despite their involvement in the scandal.
The CIAA also referenced legal precedents from neighboring countries, arguing that the Special Court’s verdict was flawed and needed to be overturned. CIAA spokesperson Narhari Ghimire confirmed that the appeal was submitted, emphasizing the need for a fair and just ruling.
The CIAA had initially concluded that 136 ropanis of government land had been fraudulently transferred. The case involved 60 government employees, 32 private landowners or claimants, 18 individuals who facilitated illegal land transactions, and 65 others facing property seizure. However, the Special Court acquitted several political figures and former high-ranking officials, holding only a few individuals accountable.
The commission argued that no individual should be exempt from criminal liability based on their status, position, or influence. It criticized the court’s interpretation of “policy decisions” to justify the acquittals, stating that personal involvement in criminal activities should not be shielded by collective cabinet decisions.
Furthermore, the appeal stated that the Special Court wrongly classified certain decisions as “policy decisions”, which led to the acquittal of key defendants. The CIAA maintained that ministerial decisions and cabinet decisions should be assessed separately, and the court failed to distinguish between the two in this case.
The CIAA has urged the Supreme Court to review the verdict, ensuring that those responsible for corruption and abuse of power are held accountable. #CIAA #nepal #SupremeCourt #SpecialCourt
