KATHMANDU, Aug 2: The transfer of Additional Inspector General (AIG) and chief of the Central Investigation Bureau (CIB), Shyam Gyawali, by the police headquarters, under the pretext of an investigation, has garnered widespread attention. There has been growing interest and discussion regarding this after the police headquarters formed an investigation committee based on the complaints filed against Gyawali at the secretariat of the Inspector General of Police (IGP) Basanta Kunwar.
The investigation decided to transfer Gyawali from the CIB prior to his retirement, based on a received complaint. Gyawali is scheduled for mandatory retirement on September 11. An investigation committee was formed under the coordination of AIG Tek Prasad Rai. Members of Parliament (MPs) have also shown interest in the preparations for Gyawali's transfer.
The investigation against Gyawali has been initiated. The police headquarters has also informed Gyawali regarding these issues. The police headquarters formed the investigation committee upon Gyawali in the case of Manoj Neupane, the then Chief Executive Officer of Century Commercial Bank; Rajesh Shrestha, the then Chairman of Century Commercial Bank, and the Bal Mandir land dispute case.
This issue appeared after the files related to ongoing investigation into these two issues were taken from the CIB by the police headquarters. Although it is a tendency not to inform anyone other than the IGP about the file of the case being investigated by the CIB, Deputy Superintendent of Police (DSP) Rup Kumar Khadka of the Administration Department wrote a correspondence requesting to provide the files.
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The CIB is directly accountable to the IGP. Only the IGP is informed about some issues under investigation by the CIB. This legal document (misil) should not be shared from one department with another. “Therefore we have sent the correspondence along with the legal document,” ta CIB sources said. A senior CIB official said that these two legal documents were dispatched through a DSP.
The Department of Administration of Nepal Police returned the correspondence without reviewing, as it had been sent along with a legal document that is currently under investigation. According to sources, in the letter addressed to the IGP, the legal provision was reminded that it is only applicable after the case has been registered in court. Similarly, all the related files were sent and CC'd to the Special Government Attorney Office, Maitighar, Kathmandu. "In the letter addressed to the IGP, many legal provisions have been recalled, which also surprised the police headquarters," said the source.
The sources of the police headquarters said, “There is a conflict if the IGP himself tried to breach his jurisdiction by asking for the file in the name of the administration department when the case was still being investigated by the CIB or the CIB has disobeyed the leadership.” According to the police headquarters, the CIB must report to the IGP when the investigation is complete and ready for prosecution. However, the request for the file by the IGP prior to this seems suspicious. The sources said that a serious question has also been raised regarding why the CIB CC'd the file to the Special Government Attorney Office when the IGP asked for the file.
AIG Gyawali said that someone is attempting to take revenge on him through a deliberate media attack. He said, “It is a well-planned media attack on me, and there is no tainted intention from the police headquarters. It may be done by someone’s individual ego. As far as I know, the police headquarters has no tainted intentions. This is a continuous process that was meant to happen. I do not believe the police headquarters holds any animosity, as it seems."
Sources of the police headquarters said that an investigation committee was formed as over a dozen anonymous complaints were lodged against Gyawali at the IGP’s Secretariat. An investigation has been started into the allegations of abuse of position by AIG Gyawali. Based on the report provided by the Inquiry Commission on Gold Smuggling, the then Home Minister Rabi Lamichhane had dismissed the then CIB chief AIG Kiran Bajracharya and appointed Gyawali to the position.
IGP Kunwar had also recommended to the then prime minister Pushpa Kamal Dahal to appoint Gyawali as the chief of the CIB. The then home minister Rabi Lamichhane wanted to appoint Gyawali as the chief of the CIB. The IGP also insisted that Gyawali be sent to the CIB. During that time, Dahal also took consent with the CPN-UML Chairman KP Sharma Oli on this matter. Following that, Gyawali was appointed as the chief of the CIB.
Bajracharya's removal and subsequent disciplinary action were met with widespread criticism. Now, an investigation has been started against CIB chief Gyawali based on “various complaints”. Although Gyawali’s investigation was unrelated to the gold smuggling case, the investigation regarding allegations of violating the chain of command, mishandling investigations, engaging in irregular dealings related to the Century Bank loan scandal and to protect accused of Bal Mandir land disputes.
An official of the police headquarters said that the investigation has been launched because the police headquarters has to investigate the complaints against him and submit a report to the home administration as soon as possible. According to the official, Gyawali had met with political party leaders, though details about these meetings remain undisclosed.
Gyawali is also accused of ignoring the IGP on certain issues and reporting directly to the then home minister Lamichhane. Following the formation of the new government, a group of Nepali Congress (NC) leaders met with NC President Sher Bahadur Deuba a week ago to discuss removing him from the position of chief of the CIB.
A group led by former ministers and entrepreneurs arrived in Budhanilkantha (Deuba’s residence), seeking help to facilitate the case of Roshan Shrestha, the then chairman of Century Commercial Bank. However, Deuba recommended using another method and asked the group not to directly contact Gyawali. Following this method, the NC leaders have been pressuring IGP Kunwar to remove Gyawali from his position of chief of the CIB. When the issue of AIG transfers was raised in the recent Cabinet meeting, Prime Minister KP Oli remained silent.
