A division bench of Chief Justice Kalyan Shrestha and Justice Om Prakash Mishra denied issuing interim order to Dixit's demand to stop the CIAA's investigation but reminded the anti-graft body that no action should be taken against anyone without mentioning the jurisdiction and purpose as per the existing laws.
The bench has stated that the letter issued by the CIAA for summoning Dixit did not mention any legal provision and the purpose behind the summoning. Likewise, the apex court also stated that it did not find the CIAA taking any formal decision to summon Dixit.
"The commission can undertake any action on the basis of its formal decision in those cases that are mentioned in the CIAA Act and Regulation that the commission itself shall decide on it. In the absence of such decision, any action undertaken by any officials, divisions and section could not be consider as the CIAA's action as per the laws," stated the apex court.
The court has also reminded the constitutional body that respecting the principles of rule of law is its responsibility.
However, the court said that there is no need to issue interim order and intervene in the investigation since the plaintiff has been supporting the CIAA in its investigation.
Earlier, the court had issued an order to the CIAA to furnish clarification over the investigation into properties of Dixit.
Dixit on December 15 had filed a writ petition at the apex court against the CIAA and its chief commissioner Lok Man Singh Karki. Dixit had argued in the petition that the CIAA asked him to furnish property details going against the existing legal procedures by not mentioning the jurisdiction and purpose behind the investigation.
The anti-graft body had summoned Dixit at the CIAA office on suspicion of having amassed property disproportionate to his known sources of income.
However, Dixit claims that he was not informed about any charges against him when he appeared at the CIAA but was only asked to furnish his property details.
Along with Dixt, 26 other politicians, officials and civil society members were summoned by the CIAA and asked to furnish their property details.
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