On what basis will the Special Court fine those accused in the case since the anti-graft body has not said clearly who misused how much money in the scam? Can the level of crime committed by a junior officer such as inspector and a police chief be the same? Are all those indicted by the CIAA liable for the same amount in fines? [break]
These and several other points are currently in question. The CIAA charge sheet filed at the Special Court last week has not clearly pointed who embezzled how much and has sought the same amount in fine from all the accused in the case.
The anti-graft body concluded that about Rs 290 million was misappropriated while designing and endorsing a procurement plan and subsequently purchasing and supplying armored personnel carries (APCs) and other logistics for Nepali peacekeepers deployed in Darfur, Sudan.
The commission, in its charge sheet, said the total embezzled amount, which came from the Nepal Police Welfare Fund, should be recovered from all the accused cumulatively. According to the charge sheet, all the accused from inspector to police chief have to compensate the same amount cumulatively.
On what grounds did you conclude that all the accused are liable for same amount of fine? Republica asked Dilli Raman Acharya, the CIAA´s lead investigation officer in the Sudan case, Saturday.
"The entire process including designing the plan for supplying APCs and other logistics was carried out in disregard of existing legal provisions and the basic norms and values of the Public Procurement Act," Acharya, said, adding, "All those accused in our charge sheet are equally responsible in the embezzlement because the entire process was wrong and no one [involved in the process] seems to have taken any initiative to correct it. We didn´t fix separate fine amounts through individual assessment of the involvement of the accused because the entire process was wrong and they were all responsible for the whole corruption."
Declining to comment on the merits of the case as it had already reached the court and was now subjudice, Acharya said, "Though we didn´t fix a certain fine amount for each accused, we have clearly and categorically mentioned the role, gravity of crime and involvement of each accused in our charge sheet. The Special Court may decide how much to fine whom based on such role, gravity of crime and involvement."
Is the Special Court satisfied with the CIAA´s charge sheet? "The CIAA should have fixed a certain fine amount against each individual accused in its charge sheet," said a source at the court, adding, "The commission has forwarded us an additional burden."
On what basis will the Special Court slap fines on the accused? Will it slap the same fine amount against all the accused ---from inspector to police chief?
"We won´t slap the same fine amount against all accused. We will independently assess and cross-check facts, figures and evidence as claimed by the commission," said the source adding, "The role of inspector and police chief cannot be the same in the corruption. We will fine them on the basis of their involvement and level and gravity of the crime they have committed."
The court source also ruled out the possibility of making all the accused put up an equal amount of fine by dividing the claimed misappropriation amount of Rs 290 million equally among them.
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