In a decision on July 30, 2004, the tribunal had given clean chit to Gupta and Sirohiya on charges of irregularities while withdrawing a bid bond amount worth Rs 25 million before the television was launched in July, 2003. Co-chairman of Madhesi Janadhikar Forum, Gupta was Minister for Information and Communications and a leader of Nepali Congress then.
Justices Anup Raj Sharma and Khil Raj Regmi upheld the lower court´s judgment after a hearing on a government application to review the tribunal´s verdict.
Passing the judgment, the apex court also cleared then Acting Information Secretary Prabhakar Adhikari, Under Secretary Sohan Bahadur Nyachhyou and officer Anup Nepal who were accused of ´assisting corruption´ by approving the withdrawal of the bond.
The Commission for Investigation for Abuse of Authority (CIAA) had filed a corruption case against Gupta, Sirohiya, Adhikari, Nyachhyou and Nepal in 2002, accusing them of causing harm to the state by letting the television to withdraw the bid bond before its launch.
The tribunal had then ruled: "The state suffered no harm from the act. There are no evidences to prove any wrongdoing by the defendants."
Not satisfied with the judgment of the Special Court, the government had moved the Supreme Court on December 20, 2004.
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