In an unprecedented verdict, a division bench of Chief Justice Ram Prasad Shrestha and senior-most justice Khil Raj Regmi slapped 18-month imprisonment and Rs 20.3 million in fines on Wagle for his crimes.[break]
The SC concluded that Wagle amassed property through abuse of power when he was in public office and transferred the properties to the names of family members including his son Devendra.
This is the first time since 1990 that the SC has convicted a senior politician on corruption charges.
Earlier on July 22, 2004, the Special Court had slapped a 30-month jail term and Rs. 27.3 million in fines on Wagle for illegally amassing property when he was a minister. Wagle had then filed a petition at the SC seeking a review on the Special Court verdict.
The SC reduced both the fine and jail term slapped by the Special Court.
"The jail term and fines slapped by the Special Court did not fully match the gravity of the crimes committed by Wagle," states the SC verdict, adding, "The SC hereby gives him only one and half years´ imprisonment and Rs 20.3 million in fines."
The Special Court had acquitted Wagle´s son Devendra of any corruption charges. This has been upheld by the SC.
The Commission for Investigation of Abuse of Authority (CIAA) had claimed that Wagle illicitly amassed properties and transferred them to the names of family members including his son Devendra.
On the basis of that, the CIAA had filed corruption charges against Devendara Wagle also. The Special Court concluded that only Rs 6.4 million amassed by him was legal. The SC rejected the Special Court´s decision and said Rs 12.6 million out of what he amassed was earned legally.
"This is the final verdict and we have no option but to comply with it," said Wagle´s lawyer Parsuram Koirala, adding, "As a lawyer, I must admit that what the judges say is the ultimate word."
Wagle was not available for comment despite Republica´s repeated attempts to contact him.
Asked about implementation of the SC verdict, Assistant Spokesperson of the SC Hemanta Rawal said, "We will bring this verdict into implementation through the district court." According to Rawal, Wagle now has no choice but to go to jail and pay the fines slapped by the SC.
The SC concluded that Wagle and his family amassed Rs 34.3 million in total and invested that in housing and land, garage and guard house, furniture, electronic equipment, house decoration, vehicles, bank balances and shares.
"Wagle committed corruption by illicitly amassing the properties and depositing such properties mainly in the name of his son Devendra," the verdict further states.
In its charge sheet, the CIAA had said that it decided to file a corruption case against Wagle and his son at the Special Court in December 2002 as they failed to produce solid evidence showing any genuine source of income for their properties.
Meanwhile, some other major corruption cases are yet to be settled by the SC. The Special Court had given a clean chit to former ministers Khum Bahadur Khadka and Govinda Raj Joshi and some high-ranking government officials, arguing that the corruption cases filed against them came under the statute of limitations. Objecting to the Special Court ruling, the CIAA had filed a petition at the apex court, seeking a review of the Special Court decision. The CIAA´s petition is still pending at the apex court.
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