But the special tribunal in the same verdict passed unanimously by its three judges, acquitted 31 former and incumbent police officers as it found them working under chain of command pressure in the decision to procure armored personnel carriers (APCs) and other logistics for Nepal Police peacekeepers deployed in war-ravaged north African country Sudan in 2007. [break]
The court slapped two-year imprisonment on all three former police chiefs -- Om Bikram Rana, Hem Bahadur Gurung and Ramesh Chandra Thakuri-- and various fine amounts on others depending on the level of involvement in corruption in the procurement of APCs and logistics, which were later found to be substandard and obsolete.
Those convicted will not be arrested yet as this is just an initial verdict. “The verdict will not be put into effect as those convicted can move the Supreme Court within 35 days,” said Dhir Bahadur Chand, registrar of the court, “They will only be arrested if the verdict is upheld by the apex court.”
According to the chargesheet filed by the Commission for Investigation of Abuse of Authority (CIAA) last July, altogether Rs 288 million was embezzled in the procurement of the APCs and other logistics. A UK-based supplier, Assured Risks Company, had supplied the substandard APCs and other logistics through its local agent, Shambhu Bharati of Bhagawati Traders.
As the agreement with the UK firm was signed during Rana’s tenure, the court slapped a Rs 170 fine on him, the highest among the convicted former police chiefs. The court said the procurement took place under Rana’s initiative.
“It has been found that then Inspector General of Nepal Police Om Bikram Rana took the initiative to call the tender quotations for procurement from the suppliers, to decide the tender award to the suppliers and make payment from the Police Welfare Fund for the procurement,” said the court in its 30-page verdict, making Rana the most culpable among the ex-police chiefs.
Likewise, the court has fined ex-police chief Gurung, who succeeded Rana, Rs 64.8 million for making two allotments of payment to the suppliers without checking the standard of the APCs and other logistics.
Similarly, Gurung’s successor Thakuri, who later became the prime minister’s security advisor, has been fined Rs 48.5 million for making the sixth and seventh allotments of payment to the suppliers.
The court has found the suppliers, Assured Risks Company, its director Michael Rider, and local agent Bharati of Bhagawati Traders most answerable for the corruption and slapped heavier fines on them than on the former police chiefs.
In addition to two years’ imprisonment, Rider faces a Rs 284 million fine and his company will have to pay the government Rs 142 million as the claimed loss amount. Similarly, Bharati also faces the same prison sentence along with Rs 284 million in fine. He also has to pay the government Rs 142 million as the claimed loss amount.
The court slapped its verdict in absentia on Rider as he snubbed repeated court subpoenas.
In the same verdict, the court acquitted 31 incumbent and former senior police officers, saying that they participated in the procurement decision under the compulsion of chain of command in the police organization.
Among those who got a clean chit from the court, 2 are incumbent additional inspector generals (AIG), 3 are former AIGs, 5 deputy inspector generals and 10 other police officers ranging from inspector to senior superintendent of police.
“The court has done us justice though we suffered mental and family tensions in the past nine months,” said AIG Arjung Jung Shahi after the court verdict, “It has help clear the image of the Nepal Police.”
How will reinstated AIGs be adjusted?
The Special Court on Monday acquitted Additional Inspectors General (AIG) of Nepal Police Madan Bahadur Khadka and Arjun Jung Shahi, among others, in the Sudan scam, which means they have also been reinstated in their posts.
But the Nepal Police faces a problem in accomodating them as the number of AIGs reaches 10 with the reinstatement of Shahi and Khadka and there only eight posts of DIG approved by the government.
Ignoring suggestions from senior home ministry officials not to effect any promotions in place of Khadka and Shahi, the government had approved a proposal from Deputy Prime Minister and Minister for Home Affairs Bijay Kumar Gachchhadar to fill up the two posts by promoting Bhisma Prasain and Nawaraj Dhakal last November.
The officials had suggested to Gachchhadar that the posts of those facing cases in court cannot be filled as they are not considered vacant under existing law. But the promotions were made citing “special circumstances”.
“Now it is difficult to adjusting them as there are no vacant posts,” said a senior government official familiar with the situation.
Senior police officials had long lobbied at the political level since the Commission for Investigation of Abuse of Authority filed the corruption charges against Shahi and Khadka in July, but senior officials at the home ministry had resisted until Gachchhadar became home minister.
Continued resistance did not work as Gachchhadar went ahead and proposed to the cabinet to promote Prasain and Dhakal, according to government sources.
The acquitted police officials
1. Madan Bahadur Khadka - AIG
2. Arjun Jung Shahi - AIG
3. Deepak Singh Thanden - former AIG
4. Shyam Singh Thapa - former AIG
5. Dipendra Bahadur Bista - former AIG
6. Ramesh Bikram Shah - DIG
7. Tapendra Dhoj Hamal - DIG
8. Deepak Kumar Shrestha - former DIG
9. Niraj Pun - former DIG
10 Surendra Bahadur Pal - former DIG
11. Rabi Pratap Rana - SSP
12. Khem Bahadur Khadka - SSP
13. Shiva Lamichhane - SSP
14. Narendra Kumar Khaling - former SSP
15. Dr Ajit Kumar Gurung - SSP
16. Ramesh Kumar Pandey - SSP
17. Manoj Neupane - SP
18. Niraj Bahadur Shahi - SP
19. Gupt Bahadur Shrestha - SP
20. Bijay Lal Kayastha - SSP
21. Dr Ram Krishna Rajbhandari-Acting SP
22. Krishna Prasad Guragain-- SP
23. Sanjay Singh Basnet - SP
24. Pitambar Adhikari - SP
25. Harihar Shrestha - ex-DSP
26. Bidhya Raj Shrestha-- DSP
27. Prakash Adhikari - DSP
28. Arjun Prasad Timilsina - Inspector
29. Dinesh KC - DSP
30. Lal Govinda Shrestha - Inspector
31. Giridhari Sharma-- Inspector
Related news:
CIAA defends decision to charge 34 police officials
Related story
Gen-Z report: Army officers cleared, police and APF blamed
