KATHMANDU, July 26: At a time when the Lalita Niwas land-grab scam is being widely criticized, the then under-secretary (Law) at the Ministry of Physical Infrastructure and Transport, Vinod Kumar Gautam who is currently serving as a Chitwan District Court judge was brought before the Judicial Council and the investigation was delayed. There has been a delay in the investigation against Gautam, who is appearing before the Judicial Council by the order of the Supreme Court, saying that he had committed an offense before he became a judge and the Judicial Council will investigate it.
The Commission for the Investigation of Abuse of Authority (CIAA) registered a case against Judge Gautam at the Special Court. Gautam, who was suspended after the CIAA filed a case against him at the Special Court, filed a writ petition against the CIAA at the Supreme Court. The Supreme Court ruled in his favor and dismissed the case registered by the Commission. After the case was dismissed, the suspension was lifted and Gautam was produced before the Judicial Council.
"After the suspension of Judge Vinod Kumar Gautam has been lifted, he has been brought before the Judicial Council," said Man Bahadur Karki, joint secretary and spokesperson for the Judicial Council. According to Karki, Judge Gautam has been absolved of any responsibility. The Central Investigation Bureau (CIB) of Nepal Police is actively probing the Lalita Niwas land-grab scam and organized crime. In connection with the case, Krishna Bahadur Raut, who served under Gautam at the time, has been arrested by the CIB. However, despite efforts, the police have been unable to apprehend Gautam. Although the court has granted Raut release from prison, he is restricted from leaving the country. Surprisingly, the police have not even once summoned Gautam to record his statement. Moreover, when the police sought permission to arrest Gautam in connection with the Lalita Niwas land-grab scam, the court did not issue an arrest warrant. "The CIB tried to get an arrest warrant to bring him under investigation, but the court did not grant the permission in his case," a CIB source said.
The full bench of the Supreme Court dismissed the corruption case against Gautam. The order passed by the full bench of Supreme Court Justices Anand Mohan Bhattarai, Anil Kumar Sinha and Bam Kumar Shrestha has become an obstacle to the investigation in his case.
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"It would be according to the Constitution if the Judicial Council, which has the right to investigate judges accused of corruption, itself clarifies whether or not the matter falls under its jurisdiction and even if it is assumed that an offense does not remain without jurisdiction... it seems that it is in accordance with the constitution and the law that the body having jurisdiction initially decides the matter," said the decision of the Supreme Court on February 24, 2022.
The CIAA had filed a case against Gautam at the Special Court under Section 36 of the Prevention of Corruption Act 2059 on February 5, 2020 on the charge of corruption by illegally retaining the government land within the Lalita Niwas in the name of a specific person. Only after filing a case against Gautam did the CIAA inform the Judicial Council.
The Commission had filed a case against Gautam based on his opinion on implementing the decision of the Cabinet meeting on April 11, 2010. While taking it to the Council of Ministers, Gautam gave an opinion that the proposal is suitable according to the law. After Gautam, as the then Under Secretary (Law) of the Ministry of Physical, Planning and Construction, gave his opinion on April 1, 2010, the Council of Ministers decided to extend the Prime Minister's residence based on that. At the same time, the land of Lalita Niwas was transferred to the names of different people as tenants. Those who wrote comments based on Gautam's opinion and endorsed them are being arrested. Now 21 people involved in this case are in the custody of CIB.
On May 14, 2010, the decision of the Ministry of Land Reforms was approved by the Council of Ministers and based on the order of implementation of that decision, Gautam, the then Under Secretary in the Law Branch, gave an opinion that the land could be researched for the expansion of the Prime Minister's residence. On 28 June 2010, he sent his opinion to the administration branch.
It seems that the administration branch raised comments on the same basis and submitted it to the then Joint Secretary Narayan Gopal Malego. Malego has confirmed that comment and sent it to the secretary and mentioned that 'I have submitted it for decision according to the opinion of the bylaws and consultation branch'. In the opinion given by Gautam to the administration branch, it is mentioned that the name of the land owner is different and should be corrected in S.no. 5, 10, 19, 23, 26 and 31.
Similarly, it has been opined that the area in S.no. 12, 4, 5, 6, 7, 10, 15, 17, 29, 27 and 47 are different. Gautam gave his opinion by mentioning that S.no 12 doesn’t have a tenant’s name, S.no. 2, 15 have the tenant’s names changed and S.no. 36, 37 and 47 are recently exempted. Before that, the then Division Chief Suroj Rajkarnikar had given the opinion of the then Senior Division Engineer Balkrishna Shrestha that it was suitable for the expansion of the Prime Minister's Office. The CIB has arrested him.
It is alleged that Shrestha, the then senior division engineer of the Ministry of Physical, Planning and Construction, prepared documents for the expansion of the Prime Minister's residence. Confirming his opinion, on June 22, 2010, Ashoknath Upreti sent an opinion to the then secretary Deep Basnyat with the opinion that the decision should be made according to the opinion of the head of the division. Based on that, the then Secretary Deep Basnyat sent Gautam, who was in the Legal Consultancy Branch, to study the matter and submit it along with an opinion.
