KATHMANDU, Sept 5: There is often an outcry for the formation of high-level commissions for the inquiry of cases related to heinous crimes, human rights violations, political riots, corruption, road and air accidents in the country. However, the country already has state bodies responsible for investigating such matters.

There are many agencies under the Nepal Police to investigate crimes, riots and other incidents. The National Human Rights Commission is tasked with probing human rights violations. Additionally, there are organizations like the Commission for the Investigation of Abuse of Authority (CIAA), the Department of Money Laundering Investigation (DMLI), and the Department of Revenue Investigation (DRI) for looking after cases of corruption, money laundering, and revenue evasion, among other issues. But if there is any incident, one or the other party will immediately demand the formation of a separate probe commission. According to the Commission of Inquiry Act, (1969), a commission of inquiry can be formed on matters of 'public importance' under the chairmanship of any judge. Based on this provision of the Act, there is often a demand for the formation of a commission on the pretext that the investigation conducted by the state bodies might not be fair enough.

This demand is often driven by political forces. If the ruling party does not readily accept to form the commission, there are many instances of political parties in the opposition exerting pressure by showing their prowess. The latest example of this is the 60 kg gold smuggling case. On July 18, the DRI seized a large amount of smuggled gold that passed through the Tribhuvan International Airport (TIA) customs. When the recovered gold was weighed, it was about 60 kg. In this case, one of the arrestees was found to be in contact with the leaders of the ruling CPN (Maoist Center). The names of Krishna Bahadur Mahara, the vice chairman of the ruling party CPN (Maoist Center) and his son Rahul, have also been linked to the case of 9 kg of gold hidden in e-cigarettes last December.

After the name of the leader of the party that led the government was linked to the gold smuggling case, the main opposition CPN-UML found an excuse to protest. The UML doubts the investigation conducted by the Central Investigation Bureau (CIB) under the Ministry of Home Affairs will be fair as Prime Minister Pushpa Kamal Dahal and Home Minister Narayankaji Shrestha are both from the Maoist Center. Therefore, the main opposition party demanded the formation of a high-level parliamentary probe commission to which the ruling parties finally agreed to.

The CPN-UML also views the DRI investigation with suspicion. The department's investigation was handed over to the CIB, which raised UML’s suspicion. The UML obstructed the parliamentary proceedings for almost a month from July 26, demanding the formation of a high-level parliamentary probe commission. After being adjourned for months, the ruling parties and the opposition party reached an agreement on August 22 to form the high-level probe commission after the CIB's investigation concludes on September 22, 2023.

Although the parties have agreed to form an inquiry commission, looking at the past incidents, the commission to investigate the case of gold smuggling is not expected to achieve any substantial result.

"The examples of the past have cast doubts. In the past, the parties formed inquiry commissions to settle uncomfortable situations, but the suggestions given by such commissions have hardly been implemented," says Advocate Gandhi Pandit, “How can we believe that the commission to be formed in the gold smuggling case will ensure a fair verdict and will go to the implementation level?”

Widebody aircraft procurement scam: Commission formed, but no probe

Five years ago, when Nepal Airlines Corporation (NAC) purchased two wide-body aircraft, it was widely reported that stakeholders were involved in embezzlement of more than Rs 4 billion. As the political environment became turbulent, the Public Account Committee of the House of Representatives formed a sub-committee under the leadership of MP Rajan KC to conduct an investigation into this matter.

The sub-committee submitted its report on January 2, 2019. In the report, it was concluded that Rs 4.35 billion was embezzled during the purchase of the aircraft. The sub-committee submitted a report with the conclusion that the then Minister for Culture, Tourism and Civil Aviation Rabindra Adhikari, Home Secretary Prem Kumar Rai, Tourism Secretary Krishna Prasad Devkota, another Secretary Shankar Prasad Adhikari and NAC’s General Manager Sugat Ratna Kansakar were directly involved in the wide body aircraft purchase scam. Similarly, the sub-committee pointed out that the then tourism ministers Jitendra Narayan Dev and Jeevan Bahadur Shahi were also involved in the scam.

When the sub-committee recommended taking action against these individuals, then Prime Minister KP Sharma Oli expressed displeasure. After that, the Council of Ministers said that the report of the sub-committee could not be trusted and formed a judicial commission in accordance with the Commission of Inquiry Act on January 4. Former Deputy Attorney General Narendra Prasad Pathak and Chartered Accountant Madan Sharma were members of the three-member commission formed under the chairmanship of then Judge Govinda Prasad Parajuli of the Pokhara High Court.

The members of the commission did not receive appointment letters. Deputy Attorney General Pathak, who was appointed as a member, left the commission after two weeks citing a busy schedule. The chairman of the commission, former judge Parajuli and another member Sharma also wasted time without starting the work. That commission was not formed to conduct an investigation. KC, the then coordinator of the sub-committee formed by the Public Account Committee, says, "That commission did not do any work."

33 kg gold case: Investigation report confidential

Six years ago, a committee was formed to investigate the case related to the smuggling of 33.5 kg of gold and the murder of Sanam Shakya. A judicial committee was formed to exercise the powers given by the Commission of Inquiry Act. In this case, after questions were raised on the judgment of the Biratnagar High Court, the Judicial Council formed a committee under the chairmanship of then Supreme Court Justice Kedar Prasad Chalise on April 8, 2019. Although the report was leaked that the committee recommended action against five judges of the Biratnagar High Court, the report has not been made public yet. Before the formation of the judicial committee, the then government led by KP Sharma Oli formed a 9-member committee under the leadership of Ishwor Raj Paudel, joint secretary of the Ministry of Home Affairs, to investigate this case. The committee formed on April 3, 2018 submitted a report to the then Prime Minister Oli on August 1, 2018. That report has not been made public yet.

High-Level Probe Commission: An exercise of power manipulation

Both before and after the promulgation of the constitution by the Constituent Assembly, the Terai-Madhesh and Tharuhat regions witnessed a series of unfortunate events, including killings, violence, riots, arson, and vandalism, largely driven by dissatisfied parties. Among these incidents, the Tikapur incident was a prominent one. To investigate the incident, the government formed a high-level commission of inquiry as per the Commission of Inquiry Act under the coordination of former Supreme Court Justice Girish Chandra Lal on September 22, 2016. The members of the commission were former Deputy Attorney General Surya Prasad Koirala, former AIG Nava Raj Dhakal, former AIG Sukhchandra Jha of the National Investigation Department, senior advocate Sujan Lopchan and advocate Khushi Prasad Tharu. The ex-officio member secretary of the commission was assigned to the head of the Security and Coordination Division of the Ministry of Home Affairs.

The high-level probe commission submitted its report prepared after 14 months to the then Prime Minister Sher Bahadur Deuba on December 15, 2017. The report has also been kept secret by the government without making it public. Madhesh-centric parties have been pressing for the publication of the report from time to time. But the government has been reluctant to do so.

Mallik Commission

An inquiry commission was formed under the chairmanship of the then Chief Justice Janardan Lal Mallik on 9th May 1990 to investigate and recommend action against those who were active in suppressing the 1989 people’s movement, which is  known as the Mallik Commission. The members of that commission were the then judges Udayaraj Upadhyay and Indraraj Pandey. The report submitted by the commission six months after its formation has also been kept secret for three decades.

To suppress the people's movement of 1989, the then government had misused the power of the state. The then prime ministers Marich Man Singh Shrestha and Lokendra Bahadur Chand, ministers Kamal Thapa, Niranjan Thapa, Sharat Singh Bhandari, Chairman of the Policy and Investigation Commission Nava Raj Subedi, Member Secretary Ballabh Mani Dahal, who were active in suppressing the movement, were found guilty by the commission.

Although unofficial reports indicated that actions were recommended, the government chose to keep the report hidden from public view.

Rayamajhi Commission: Recommendations not implemented

A commission was formed under the chairmanship of the then judge Krishna Jung Rayamajhi to investigate and recommend action against the culprits who suppressed the second mass movement of the year 2005/2006. The Commission studied for six months and submitted a report to the then Prime Minister Girija Prasad Koirala on November 18, 2006.

The commission had recommended action against more than 200 members including Tulsi Giri, Kirti Nidhi Bista, Kamal Thapa, Niranjan Thapa, General Pyar Jung Thapa, Inspector General of Armed Police Force Basudev Oli for misusing state power to suppress the people's movement. Although the government released the report only after the court's order, none of the people recommended for action have been punished so far. Instead, many of them have successfully navigated the power dynamics within the political landscape.

Gaur Massacre

Report remains confidential

On March 21, 2007, 27 people were killed in a clash between the then Madhesi People's Rights Forum and the then CPN-Maoist workers in Rautahat's Gaur. A high-level judicial inquiry commission was formed under the chairmanship of the then Supreme Court Justice Khila Raj Regmi to investigate the case. Even though the commission was formed under the leadership of Regmi, it could not perform its work. After that, the government formed another commission of inquiry under the chairmanship of Judge Hari Prasad Ghimire. The report submitted by the commission to the government on July 14, 2007 has not been made public.

The victims of the incident have been calling the government for justice from time to time. Some time ago, after the victims of the Gaur incident protested demanding justice, the government signed a 5-point agreement with them. JSP President Upendra Yadav expressed dissatisfaction with the agreement. Prime Minister Pushpa Kamal Dahal is reluctant to implement the agreement after the power equation was disturbed.

Dasdhunga accident

The jeep carrying the then general secretary of CPN-UML Madan Bhandari and leader Jivraj Ashrit fell into the Trishuli river on May 16, 1993 from the road at Dasdhunga in Chitwan. Both leaders passed away. The UML has termed the accident as a 'premeditated murder'. Jeep driver Amar Lama was also shot dead by an unknown group in 2003. The driver Lama may have been killed to prevent the truth of the Dasdhunga accident from coming out. After the death of Bhandari, the then government formed a commission of inquiry under the leadership of former judge Prachanda Raj Anil. UML was not satisfied with the report given by the commission. Another commission was formed under the leadership of the then judge Trilok Pratap Rana. Even that commission could not reach a conclusion. It is not yet clear whether the accident was fate or planned. Despite the UML's claims that the accident was premeditated when they were out of power, there was a lack of thorough investigation even when the party assumed power. This leaves the incident shrouded in mystery with many unanswered questions.

Partisan interference hinders implementation of the probe commission reports

Due to distrust and doubt on the reports of the inquiry commissions, they have been gathering dust in the closet without being implemented. Hemanta Malla, former Deputy Inspector General (DIG) of Nepal Police, says that in some cases such commissions are formed to affect the work done by the state agencies on a regular basis. "An inquiry commission should be formed to take necessary suggestions to solve the problem in specific situations, but here, attempts are made to neutralize the established mechanisms of the state by forming a commission on top of the commission just for the sake of party interests," says Malla. “The trend of mistrust, non-disclosure, and non-implementation of reports of the commissions, whether voluntarily formed or formed under pressure, is detrimental,” he added.

 
• High_Level_probe_committee
 
• Commission_of_Inquiry_Act