The Friday raid by the Department of Revenue Investigation (DRI) on the law firm run by senior advocate Shambhu Thapa seems to have disturbed a hornet’s nest. All law professionals (and a section of the media) have spoken as one against the ‘unconstitutional’ move which they have termed an attempt to silence independent judiciary and make it impossible for legal professionals to pursue cases against high-ranking government officials.
There is a belief that the raid was motivated by Thapa’s open stand against the appointment of Lokman Singh Karki, a controversial figure, as the head of the Commission for Investigation of Abuse of Authority (CIAA), the country’s chief anti-corruption body. [break]
Whether or not this is the case, there is enough circumstantial evidence to suspect some ulterior motive behind the raid. There are discrepancies on the letter furnished by DRI to Thapa’s firm where the accused is asked to come to the DRI office at Hariharbhawan, Pulchowk to inquire about the seized documents—a day in advance of the raid! Moreover, the letter mentions an incorrect date of raid. This suggests that the letter informing of the raid was drafted rather hastily.
That is not all. The DRI officials have confiscated legal documents belonging to the law firm’s clients, which is against international norms. The client has the right to secrecy on a case being pursued by a legal practitioner. Thapa’s defenders claim that one of the purposes behind the raid was to extract revenge against Thapa’s decision to contest the appointment of Khil Raj Regmi as the chief executive in the court of law, where CIAA chief Karki has also been made a defendant.
Karki, it is alleged, had also made veiled threats against Thapa only a day ahead of the eventual raid. All in all, we believe there is enough evidence to suspect some foul play. But another side to the story has also emerged. DRI officials claim to have unearthed unmistakable proof from the confiscated documents that Thapa’s law firm (and others which were raided the same day) underreported their earnings to evade tax. DRI officials are scheduled to present their evidence before the Supreme Court today.
Friday’s raid and DRI’s accusations have raised a question mark over the integrity of a senior lawyer like Thapa who played an important role in galvanizing the legal community during the second Jana Andolan. He has also helped draft important judicial reforms. A person of such stature should not be afraid to go through the legal process to clear his name, if he really has nothing to hide. During these times when the high and the mighty in Nepal are constantly accused of bending the laws to suit their needs, Thapa can prove himself to be a welcome exception.
Rather than trying to close down investigation by portraying the raid as politically motivated (it might have been), Thapa, a legal practitioner himself, should be ready to stand trial and come clean. If he can do so, not only will his personal stature be further heightened, it will also be the strongest possible evidence that the case was indeed politically motivated. Thapa will have a dark shadow trailing him, possibly for the rest of his life, if he decides to take a shortcut now.
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