The SC has also ordered the Special Court to open fresh hearings and deliver verdicts after going into the merits of the charge sheets. [break]
A division bench of the SC comprising Chief Justice Khil Raj Regmi and Justice Kalyan Shrestha issued the order to this effect. In the order, the Special Court has been asked to re-open in full the corruption cases involving Bohara and Kharel.
"The verdict of the Special Court rendering null and void corruption cases involving Bohara and Kharel and thereby acquitting them of graft charges on the grounds of statute of limitations was inappropriate," reads the SC order, adding, "The bench hereby orders the Special Court to re-open their cases, initiate fresh hearings and deliver verdicts after going into the merits rather than simply citing statute of limitations."
According to a SC source referring anonymity, Friday´s decision has set out a significant principle in expediting corruption cases which were scrapped by the Special Court citing statute of limitations and are currently pending at the SC. "Friday´s order will have ramification for other high-profile graft cases pending at the SC," said a SC source.
The Special Court, citing the CIAA Act 2048 BS, had scrapped the corruption cases involving influential politicians and former ministers. As per the Act, the CIAA had to file case against the former ministers and bureaucrats within a year of their retirement.
Currently, there are 420 graft cases pending at the apex court. Of the total backlog of corruption cases, nearly a dozen were nullified by the Special Court citing statute of limitations. The CIAA had itself filed review petitions at the apex court against the Special Court decision.
On Friday, the apex court bench expressed the view that the Special Court´s conclusion nullifying graft cases on the ground of statue of limitations cannot be taken as a sound judgment as the verdicts were delivered not on the principle of merit.
"The Special Court has to enter into the facts and merits of the charge sheets before delivering any verdict," reads the order, adding, "However, this is not what happened in the cases of Bohara and Kharel. The SC therefore orders the lower court to re-open the cases, hold fresh hearings and reach conclusions."
The CIAA had filed corruption cases against Bohara and Kharel, accusing them of amassing property through misuse of their public positions. The CIAA said that their assets were found to be disproportionate to their legal sources of income.
The national anti-graft body had filed cases accusing Bohara and Kharel of graft to the tune of Rs 23.8 million and 16.3 million respectively.
The Special Court had also nullified high-profile graft cases involving former ministers Govind Raj Joshi and Khum Bahadur Khadka and former defense secretary Chakra Bandhu Aryal among others, citing statute of limitations.
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