A single bench of SC Justice Prakash Wasti issued the order in response to a writ petition filed by lawyer Pawan Kumar Khadka. [break]
Khadka had filed the writ petition against the Commission for Investigation of Abuse of Authority (CIAA), three former home ministers and two ex-home secretaries, stating that the CIAA erred in letting off the former ministers and secretaries instead of probing and filing charge sheets against them. He has also demanded that the SC order the CIAA to initiate investigations against the former ministers and secretaries over the scam.
The apex court has issued three orders following initial hearings on the petition. In the first order, the bench has sought a field study report on the Sudan scam prepared by a probe panel led by lawmaker Pradip Gyawali.
The panel had prepared an in-depth report after visiting Darfur, Sudan and inspecting the standard and quality of the armoured personnel carriers (APCs) and other logistics supplied to Nepali peacekeepers deployed in Darfur.
"The bench orders government authorities to furnish the SAC report on the Sudan scam through the Office of the Attorney General (AG) without delay," reads the order. The bench will decide whether to issue an order to the CIAA to initiate a probe and file charge sheets against three former home ministers---Krishna Prasad Sitaula, Bamdev Gautam and Bhim Rawal-- and home secretaries Umesh Mainali and Govinda Kushum after assessing the conclusions, recommendations and other facts mentioned in the report.
Secondly, the bench has asked its officials to prioritize the writ petition in the next round of hearings. "The bench has taken seriously the CIAA´s decision not to probe and file charge sheets against the former home ministers and home secretaries," states the order, adding, "Officials are asked to give top priority to the petition while preparing the cause list for scheduling hearings."
And third, the bench has issued a show cause notice against the defendants. "The bench orders the CIAA to furnish written clarifications within 15 days why it did not probe or file case against the former home ministers and home secretaries," reads the order. The three former home ministers and secretaries are also asked to furnish written clarifications over the matter.
The SAC report had concluded that the political leadership and senior administrators at the Ministry of Home Affairs (MoHA) cannot enjoy legal and moral immunity over the Sudan scam.
"It cannot be assumed that Police Headquarters planned, procured and supplied the APCs and other logistics without consulting, informing or taking consent from the political and administrative leaderships at MoHA," reads point 29 of the report, adding, "Facts show that the political and administrative leaderships at MoHA failed to show responsible leadership at the time when Police Headquarters purchased and supplied millions of rupees worth of equipments."
While letting the ex-home ministers and secretaries off, the CIAA had filed a charge sheet at the Special Court against 36 individuals including three former police chiefs, accusing them of embezzling Rs 290 million in the process of planning, procuring and supplying APCs and other logistics for the Nepali peacekeepers.
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