The division bench of SC justices Khil Raj Regmi and Prakash Wasti declined to issue an interim order stating that the bench does not feel the necessity to issue such an order. [break]
The apex court´s decision has paved the way for the Special Case to take the proceedings against NAC officials ahead.
The Commission for the Investigation of Abuse of Authority on December 25 had filed a corruption case against Kansakar and five other officials accusing them of embezzling Rs 57.3 million while sending non-refundable money to Airbus in contravention of the Public Procurement Act. The NAC officials had moved to SC after the CIAA filed case against them.
The SC cited three reasons on the basis of which it declined to issue an interim order. First, it said CIAA Secretary Bhagbati Kafle has the authority to file the case even in the absence of CIAA commissioners.
Second, the bench said that the accused failed to justify the facts as to how the CIAA´s charge-sheet may cause them irreparable loss.
And third, the bench said investigation into NAC´s decision to procure Airbus by sending non-refundable commitment money (also known as lock up money) to the company was initiated before the retirement of CIAA´s ex-commissioner. “The power was delegated to CIAA Secretary Kafle as per the provision of Article 120 of Interim Constitution. Thus he enjoys the right to take decision,” reads the court order.
The bench further said that CIAA had appointed Dilli Raman Acharya as an investigation officer to probe into the Airbus procurement deal before the retirement of ex-commissioner.
Following the SC decision, the NAC officials will now have to appear before the Special Court. “There is no option left to them other than appearing before the Special Court in person and defending the charges,” said a lawyer on condition of anonymity.
Lawyers Shambhu Thapa, Badri Bahadur Karki, Sushil Panta, Bhimarjun Acharya, Raman Shrestha, among others, had pleaded before the SC on behalf of Kansakar.
CIAA Investigation Officer Dilli Raman Acharya, lawyers Harihar Dahal, Hari Uprety, Shankar Shrestha and Deputy Attorney General Raj Narayan Pathak, among others, had pleaded on behalf of the CIAA.
Acting Assistant General Managers Raju Bahadur KC and Ganesh Thakur, Acting Director Gyanendra Purush Dhakal, Director Mayur Sumsher Rana and Acting Deputy Director Keshav Raj Sharma are the other five officials accused of corruption in the Airbus procurement deal.
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