Kathmandu, June 1: In a historic decision, a five man bench of the Supreme Court Thursday established the authority of the Commission for Investigation of Abuse of Authority (CIAA) to probe corruption cases by officials of independent government bodies. This came immediately after Prime Minister Girija Prasad Koirala questioned the authority of CIAA to investigate abuses by the head of government. The special bench headed by Chief Justice Keshav Prasad Upadhaya ruled the constitution does not give immunity to the Attorney General in corruption related cases even if the office of the Attorney General is an independent office under the constitution.

The special bench quashed a writ petition filed by Attorney General Badri Bahadur Kakri challenging the authority of the CIAA to investigate a corruption charge against him for not  prosecuting Sunil Maskey who was arrested while smuggling Indian Rs.12.1 million of  Rs.500 denomination to Singapore; the Attorney General’s office even released the confiscated money. PM Koirala, like Kakri, also challenged the authority of the CIAA to question him on the controversial deal to lease a Boeing 767 from Austria’s Lauda Air at inflated prices for Royal Nepal Airlines causing the state airlines Rs.380 million in losses.

After a six-month investigation, the CIAA last month registered corruption charges against 10 persons including former Tourism Minister Tarini Dutta Chataut who has gone underground. Koirala invoked access to privileged information and oath of secrecy after being questioned through a letter even as Chataut testified at the CIAA. The investigation authority finally cautioned the government as it ruled that irregularities and corruption had occurred under the very nose of the government. Opposition has been demanding the resignation of Koirala in the Lauda Air scam.