SC again tells CIAA don't overstep jurisdiction

Published On: August 5, 2016 12:02 AM NPT By: Nabin Khatiwada

KATHMANDU, Aug 5: The Supreme Court has once again reminded the Commission for the Investigation of Abuse of Authority (CIAA) of its jurisdiction and issued an interim order not to overstep that jurisdiction.

Responding to a writ petition filed by Krishna Bahadur Silwal of Nalang VDC, Dhading district, the single bench of Justice Om Prakash Mishra on Tuesday stated that the CIAA overstepped its jurisdiction while ordering the Land Revenue Office, Dhading to transfer the ownership of some disputed land from Silwal to the government.

The CIAA on December 27, 2015 took a decision over the matter and issued an order two days later to the Land Revenue Office and Survey Office in Dhading to transfer the land ownership. Silwal came to know about this recently and on July 26 moved the apex court questioning how the CIAA could issue orders like a court of law.

Responding to the petition on Tuesday, the single bench said that the CIAA decision and its order to the two offices in Dhading were not found to be within the jurisdiction of the anti-graft body. The court has also issued a stay order to the defendants in the case. The court has asked the CIAA and the two offices in Dhading to furnish the reason behind their move within 15 days.

Earlier in January, the Supreme Court had issued a similar order in a case concerning senior advocate Shambhu Thapa. Issuing a final verdict on a writ petition filed by Thapa over the CIAA's raiding of his law firm, the court had ordered the CIAA not to exceed its jurisdiction while carrying out its activities.

Despite the court's orders not to exceed jurisdiction, the CIAA has been ordering different government agencies to take action against various individuals.

Recently, the CIAA ordered the government to seize land owned by the family of noted journalist Kanak Mani Dixit in Lalitpur district. Though the Supreme Court on Wednesday issued an interim order not to execute the CIAA order for now, Lalitpur District Land Reform Office, at the same time, decided to seize 18 ropanis of land owned by the Dixit family after coming under immense pressure from the CIAA. The land was seized on the ground that it was in excess of the government-set ceiling.

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