Clean chit or clean cheat!

In legal parlance, a ‘clean chit’ means the absolution of a person or entity from accusations or charges. It signifies that no proof of misconduct was discovered during the inquiry or trial, and the accused is officially exonerated of all allegations. A ‘clean chit’ refers to a result of any of the judicial process’s phases, such as an inquiry, trial, or appeal. This is a more thorough examination of its importance, process and ramifications. Although it’s a common word in the media, ‘clean chit’ has significant legal implications. In general, it alludes to the subsequent. 

Exoneration: A court or investigating body has officially ruled that the accused is innocent of all charges. This may occur at several points during the legal procedure. 

Absence of evidence: When authorities cannot gather enough evidence to prosecute someone, they frequently give them a clean sheet. 

Finality: If a person receives a clean sheet, it implies that, barring new information, no court cases pertaining to those accusations will be brought against them. 

What leads to a clean chit?

Stage of investigation: When law enforcement looks into a crime, if they find no solid evidence against the accused, they may give a clean chit. For instance, in police investigations or inquiries conducted by organizations such as the Central Bureau of Investigation (CBI) in India, the subject or entity is handed a clean sheet if the report finds no evidence of misconduct. A ‘closure report’ or ‘final report’, suggesting that no charges be made, is prepared in such circumstances by the investigating officer.

Trial stage: In a court trial, the judge may dismiss the case, thus giving the accused a clean sheet, if the prosecution is unable to provide sufficient evidence against the accused. A court's acquittal also acts as a clean sheet, absolving the defendant of the allegations they were facing.

Appeal stage: An individual may occasionally be found not guilty at the appeal level, even if a lower court finds them guilty. An appeal court is said to have given someone a clean slate if it reverses a conviction and absolves them of all charges.

Implications

Legal status: The accused is regarded as innocent by the law, which is the most important and immediate consequence of a clean chit. Unless new evidence is revealed, they are not subject to penalty or additional prosecution on the same matter. 

Public perception and reputation: Even when an accused person is found not guilty by a court of law, they may still be subject to public mistrust. In high-profile situations, the person’s reputation may continue to be damaged by media coverage, which might result in persistent social or professional difficulties. 

Options for the accused: If an individual has been unjustly accused, s/he may pursue legal action for defamation or malicious prosecution. A clean record alone, meanwhile, does not always equate to payment or validation until further legal action is taken. 

Reopening of cases: In some circumstances, the authorities may decide to reopen an investigation if new information or evidence comes to light, particularly if there is pressure from the public or political arena. Legal inquiry does not always conclude with a clean sheet, especially in intricate or delicate matters.

Controversies galore

Perceived misuse: Clean chits have occasionally caused controversy, particularly when claims of partiality, corruption or political meddling are made. The public or media may claim that a clean sheet was granted in order to protect powerful people or organizations from legal action.

Appeal and review procedures: Although a clean record may end a prosecution path, there are procedures in place that permit case reviews, especially in situations where there is a suspicion of injustice. For instance, in India, a clean chit might be contested through public interest litigations (PILs) or appeals, particularly if there are concerns regarding the impartiality or completeness of the inquiry.

Clean chit in specific jurisdictions

India: The phrase ‘clean chit’ has been widely linked to prominent political and corruption scandals in India. Investigative agencies, including the CBI, Enforcement Directorate (ED) and the judiciary, at different levels are frequently involved in the process. 

High-profile cases: A number of prominent Indians, including politicians and businessmen, have gotten off lightly in criminal prosecutions, igniting discussions about the function and objectivity of investigative organizations. Problems with public trust: Because politically sensitive cases sometimes entail claims of improper influence over the investigation or court process, clean chits can occasionally breed public suspicion.

United States: The idea of a ‘clean chit’ in the United States is better understood in terms of an acquittal or charge dismissal. If there is insufficient evidence to support a prosecution, investigations carried out by the FBI or other law enforcement organizations may result in the accused being exonerated. 

Acquittal: In the United States, an acquittal by a jury or judge essentially acts as a clean slate, meaning that the accused is formally found not guilty of the accusations. 

Based on an inquiry, prosecutors are free to decide whether to press charges or not. If they choose not to, it may be interpreted as a kind of clean chit.

In the legal system, a clean sheet is an essential safeguard against unfounded allegations and against investigations or trials coming to an end due to a lack of adequate evidence. It does, however, also present issues with regard to public opinion, possible abuse and the requirement for judicial system openness. Even after legal culpability is removed, the effects on reputation and further scrutiny can occasionally persist, particularly when sensitive or public issues are involved.

Struggles of persons with disabilities

Case 1

A year ago, Binu Thapa collapsed in the middle of the road. Living with cerebral palsy (CP), she struggles to control her body. In the past, she had always been thankful for the kindness of strangers who helped her during such moments. However, on this particular day, she was filled with anxiety when two boys rushed to her aid, their hands gripping her chest, making her deeply uncomfortable.

Case 2

Krishna Prashad Bhandari, who has a spinal cord injury, runs a hostel for children with disabilities. The issue he raises is not personal, but concerns the children in his care. One month ago, a student from his dormitory, who uses a wheelchair, missed her exam because no bus would stop for her. Bus conductors often urge drivers to speed past when they see passengers with disabilities.

Case 3

Suresh Rajbhandari, who was born visually impaired, uses a white cane to navigate. A few days ago, while riding a bus, the conductor began to argue with him because someone else had taken the seat designated for disabled passengers.

These cases illustrate the everyday struggles disabled people face in Nepal. Discussions around disability rarely inspire action, but organizations like the National Association of the Physically Disabled-Nepal (NAPD), the Bhaktapur Association for the Deaf (BHAD) and Nepal Association of the Blind (NAB) have long been advocating for the disabled community. Most of these organizations are nonprofits dedicated to supporting disabled people without hesitation.

Since its inception, NAPD has organized awareness programs, friendly initiatives, and extracurricular activities for disabled individuals, along with providing essential infrastructure. However, despite Article 18 of the 2072 Constitution, which states, "All citizens shall be equal before the law. No person shall be denied the equal protection of law,” implementation remains lacking.

Binita Regmi, chairperson of NAPD, said, “Being physically disabled myself, I understand the daily challenges. One of the biggest struggles is using public transportation. NAPD distributes stickers for buses, primarily on Nepal Yatayat, but we’ve seen no improvement in how we are treated.”

Jayaram Pakka Newar, chairperson of BHAD, communicated through sign language, “Many deaf people face issues when obtaining driving licenses and with the lack of proper training. Unfortunately, I’m often left out of such discussions because no one makes the effort to teach me.”

Kiran Shilpakar, former president of NAPD, highlighted the positive changes in Lalitpur, where a van has been adapted to assist those with physical disabilities. “I’ve used it multiple times, and it’s been a relief to travel comfortably, knowing I can call for it whenever needed.” But such services are rare. Many buses in Nepal have high entrances, and drivers and conductors often treat disabled passengers rudely. Regmi added, “They stop the bus in inconvenient spots, forcing us to get off quickly. This can lead to falls and further injuries.”

Binu Thapa, a member of the Bhaktapur Social Development Branch, echoed these frustrations. “People use harsh, abusive language towards us when we travel by bus. Even after buying our own four-wheeled scooters, we’re criticized because they take up extra space.”

Thapa added, “We’re also frequently denied to have driving licenses, even though many of us can drive safely. This leaves us vulnerable in accidents, and we’re scolded when we use scooters designed for disabled because they take up space on the road.”

Suresh Neupane, a member of NAB, proposed a practical solution. “Buses should be painted primarily white and green, as these colors are more visible to those with low vision. It would also help if buses had a voice system announcing stops, so we know where we are.”

Ram Krishna Shrestha, from the Sano Thimi traffic police, said, “We are trained to help and respect others in need. While there are systems in place to verify licenses, we are taught not to check the licenses of individuals with disabilities under certain circumstances. We’ll make sure to assist disabled people more attentively.”

Suresh Rajbhandari, former president of Voice Bhaktapur, pointed out another issue: “Consistency in seating arrangements for disabled passengers is important. It’s confusing when every bus places these seats in different locations.”

Shilpakar also discussed various policies aimed at supporting disabled people and urged, “We want this information to be widely known.”

The 1993 Vehicle and Transport Management Act prohibits people with certain conditions—such as epilepsy, dementia, or severe visual impairments—from obtaining driving licenses. However, the government of Nepal, along with local authorities, is required to make public transportation, bus parks, ticket counters, and boarding areas accessible to all disabled individuals, including wheelchair and white cane users. These provisions are outlined in the 2012 Accessible Physical Structures and Communication Services Guide for Persons with Disabilities.

Section 15 of the 2017 Rights of Persons with Disabilities Act guarantees access to education, housing, workplaces, transportation, and electronic services for people with disabilities. The act also states that disabled individuals have the right to move freely with the assistance of aides or devices of their choosing.

Section 12 of the 2020 Regulations on the Rights of Persons with Disabilities mandates a 50 percent discount on public transport fares for people with disabilities, and that specific seats be reserved for them. The National Policy on Persons with Disabilities, 2023, further emphasizes that transportation must be accessible and disabled-friendly.

Additionally, the government has provisions for grants or concessional loans to disabled individuals for agriculture and self-employment, and offers reduced fares on public transportation. There are also tax exemptions for aids, equipment, and vehicles used by people with disabilities.

But despite all these laws in place, persons with disabilities continue to struggle, be it while traveling in public transport, visiting government offices, or accessing various services, barring them from leading a dignified life.

228 die in recent natural disasters: Home Ministry

As many as 228 people have lost their lives while 25 others are still missing in the recent rain-induced floods and landslides. Another 158 people have sustained injuries.

According to Home Ministry spokesperson Rishiram Tiwari, so far 13,071 people have been rescued from the flood-affected areas and search, rescue and relief assistance has been mobilized.

Relief materials, including food are being distributed to the affected people and the injured are being treated free of cost.

Spokesperson Tiwari said that the government has accorded high priority to the rescue and relief, and put up all-out efforts to resume the operation of the obstructed highway.  

Nepal-US engagement in New York

The 79th United Nations General Assembly provided an opportunity for Nepal and the United States to discuss bilateral, regional and international issues. On the sidelines of the meeting, Prime Minister KP Sharma Oli and Foreign Minister Arzu Rana Deuba engaged in talks with senior US officials.

During a ceremony at the State Department, Nepal and the US agreed to establish a bilateral consultation mechanism. Foreign Minister Deuba and US Acting Under Secretary for Political Affairs, John Bass, signed the agreement, with senior officials from both sides in attendance. Nepal has similar mechanisms in place with several other countries.

After the meeting, Foreign Minister Deuba said, “A historic milestone in Nepal-US relations has been achieved with the signing of the Bilateral Consultation Mechanism (BCM) Memorandum of Understanding (MoU).” She added the agreement would promote deeper cooperation in areas such as trade, investment, tourism and infrastructure, thereby laying a stronger foundation for mutually beneficial cooperation between the two countries.

Prime Minister Oli and Foreign Minister Rana also met with Alice P Albright, CEO of the Millennium Challenge Corporation (MCC), to discuss the progress of MCC projects in Nepal. The US has encouraged Nepal to foster a favorable environment for smooth implementation of the MCC. Thirteen months have passed since the MCC came into effect, and its projects are supposed to be completed within four years. Recent progress at the local level has been positive, which is a good thing. Senior MCC officials have been consistently engaging with Nepal’s top leaders to ensure there are no obstacles to the project's implementation.

Additionally, Foreign Minister Deuba met with Uzra Zeya, US Undersecretary of State for Civil Security, Democracy and Human Rights, to discuss Nepal’s transitional justice issues, human rights and democracy. Zeya, who visited Nepal in 2022, has long advocated for the human rights of Tibetan refugees in Nepal. The US has requested that Nepal resume the process of issuing identity cards to these refugees.

USAID Administrator Samantha Power also met with Prime Minister Oli to discuss the enduring partnership between USAID and Nepal. Power welcomed Nepal’s recent passage of transitional justice legislation and its participation as a founding member of the “Partnership for a Lead-Free Future.” The two sides also discussed ongoing support for Nepal’s development efforts, focusing on health, agriculture, economic growth, and improving public service delivery.

Deputy Secretary of State for Management and Resources, Richard Verma, visited Nepal, where he met with Prime Minister Oli and other senior leaders. Verma expressed the US intention to provide $100m in Foreign Military Financing to enhance Nepal’s rotary wing capabilities, pending Congressional approval and the availability of funds. The discussions also included continued cooperation on sustainable economic development, particularly through the MCC, which aims to increase access to clean energy, as well as a USAID-funded project to promote Nepal’s tea industry through the Nepal Tea Collective.