July 12, 2016 02:00 AM NPT
KATHMANDU, July 12: The Supreme Court on Monday has asked Lokman Singh Karki, the chief of the Commission for Investigation of Abuse of Authority (CIAA), to answer why it should not take action against him for contempt of court.
Responding to a contempt of court case filed by Shanta Dixit, wife of noted journalist and Sajha Yatayat Chairman Kanak Mani Dixit, single bench of Justice Govinda Kumar Upadhyaya issued the show cause notice on Monday seeking Karki's reply within three days.
Shanta Dixit had filed the contempt of court case against the CIAA and its chief, arguing that the arrest of her husband by the CIAA was against a previous ruling of the Supreme Court that directed the anti-graft body to take a formal decision before calling in or arresting someone to record a statement or for starting investigations.
A division bench of the then chief justice Kalyan Shrestha and justice Om Prakash Mishra in January had denied issuing interim order to Kanak Mani Dixit's demand to stop the CIAA's investigation against him 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 division bench had also stated that the letter issued by the CIAA for summoning Dixit had not mentioned any legal provision and the purpose of the summons. Likewise, the apex court had also stated that it did not find the CIAA taking any formal decision to summon Dixit.
Earlier on May 2, a division bench of Acting CJ Karki and Justice Jagadish Sharma Paudel had ordered the release of Dixit and scrapped the Special Court decision to remand him to 10 days in judicial custody. The division bench stated that the Special Court's order to remand Dixit failed to mention the jurisdiction and the purpose of the investigation. Dixit was arrested on April 22 on the charge of amassing property through illegal means.