Feburary 5, 2003

KATHMANDU: The growing distance between the Special Court and the Commission for Investigation of Abuse of Authority (CIAA) is creating problems for the latter in initiating actions against the corrupt, according to legal experts.

The Special Court, established under a special provision, has repeatedly ‘asked’ the constitutional body, CIAA, not to file cases without evidence. If the Special Court continues to make such demands, the corrupt people will have no difficulty defying the orders of the CIAA, said a senior advocate to The Rising Nepal.

However, a highly placed source at the Special Court said that the court had not issued any such orders to the CIAA. “There is no misunderstanding between the CIAA and the SC… Only the SC cannot give any decision without scrutinizing a case thoroughly.”

Legal experts say, the nature of corruption cases is different from other legal ones, and they are delicate and sensitive. “Finding proof about corruption is near to impossible, and normally nobody leaves any proof of bribery and cheating,” said a former Supreme Court judge.

Corruption is a white colour crime, and it has a specific nature and its jurisprudence is different, he noted, adding, “It is the job of the CIAA to file the case.”

The existing CIAA Act-2059 has empowered the CIAA to initiate action against the corrupt, and it is the duty of the SC to provide justice. “The decision of the SC should be well thought out; otherwise, it will prompt the corrupt to defy the CIAA and SC as well,” he added.

Kashi Raj Dahal, Secretary at the Judicial Service Council says the judicial bodies are neutral. “Our judiciary mechanism is based on the ‘adversary system’. “Therefore, the prosecutor must provide evidence.”

Padam P. Acharya, a former secretary who drafted the CIAA Act – 2059, talking about the court’s role said, “The court gives its decision on the basis of evidence.”

But experts and whistleblowers say that proof in a white colour crime is almost impossible. They say high-level bureaucrats and senior politicians are not happy with what the CIAA is doing. “Corrupt bureaucrats, politicians and even people in the judicial bodies are unhappy with the CIAA’s move,” said an official at Transparency International (TI) Nepal.

In addition, activists of the Anti-Corruption Campaign claim that the decision of the SC regarding the case of some politicians and bureaucrats has awfully dampened the faith of the people. “Nothing will happen if the SC begins to undermine the cases filed by the CIAA,” Bhim Prasad Gautam, an activist said, venting his frustration.

Chairman of TI Nepal Kul Shekhar Sharma says that both the CIAA and SC are doing their respective jobs. “It is a good start that the CIAA has taken measures to curb corruption.” Sharma, however, declined to comment how the CIAA and the SC were doing their job.