With the filing of the case, Sah and Yadav are suspended from the posts of Constituent Assembly (CA) member as per the Corruption Control Act 2059 BS. [break]
The immigration officials chargesheeted are Bhuminanda Bhandari, Khadananda Dhakal, Shyam Babu Bhandari, Devi Dutta Khatri and Indra Kumar Shrestha.
The anti-graft body has also filed case against Nepali Janata Daal Chairman Haricharan Shah, and Santosh Raj Upreti of Sarlahi district.
The CIAA had re-arrested Sah and Yadav last week immediately after they were released on bail of Rs 10,000 each by Kathmandu District Court. Earlier, police had filed case against them under the Passport Act 2024 BS.
"It has been established that the lawmakers provided their diplomatic passports to Prithivi Chhantyal and Sita Shah, receiving a bribe of Rs 16.2 million," reads the chargesheet, adding, "Investigation shows that they shared Rs 16.2 million among each other and with the immigration officials."
The CIAA said it filed the corruption case against them as the act of providing their red passports to others in return for money was corruption.
The chargesheet says that Hari Charan Sah, father of lawmaker Gayatri Sah, received Rs 200,000 from Sita Sah for making available to her his daughter´s red passport. In its chargesheet, the anti-graft body has, however, failed to clearly mention who among the nine accused received how much money.
The commission has sought jail terms of 5 to 15 years, invoking separate clauses of the Corruption Control Act. It has sought 8 to 10 years under clause 3 of the Corruption Control Act. Clause 3 says that one has to serve a jail term of 8 to 10 years if he/she is found committing corruption involving a sum of above Rs 10 million.
The anti-graft body also seeks 3 months to 2 years in jail against lawmakers, invoking clause 11 of the same Act. Clause 11 states that one has to serve a jail term of 3 months to 2 years if he/she is found tampering with a government document. Similarly, the anti-graft body has demanded additional three years in jail for the two lawmakers, under clause 24 of the Corruption Control Act. Clause 24 says those who are in top government positions have to serve three years of additional jail term if they are found guilty of corruption.
"Lawmakers will have to serve a minimum jail term of 5 years," CIAA Spokesperson Ishowri Paudel told Republica.
The commission has sought fines of Rs 16.2 from the nine chargesheeted. "That sum will be confiscated and an equal amount exacted as fine from the accused," reads the chargesheet.
The CIAA concludes that Prithivi Chhantyal and Sita Shah were deported to Nepal from Abu Dhabi on January 18 for possessing tampered diplomatic passports belonging to Yadav and Sah, respectively.
Chhantyal and Shah were deported from Abu Dhabi while on their way to Australia. Etihad Airways had handed them over to the immigration office at Tribhuvan International Airport.
The immigration officers, however, did not inform police or the CIAA about the deportation and instead hid the information.
The CIAA has already arrested Bhuminanda Bhandari. Others accused are at large.
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