Sunday’s Supreme Court order in response to a habeas corpus writ has given rise to hopes that high-profile politicians, allegedly involved in the process of transferring government land at Lalita Niwas in the name of private individuals, will be brought under investigation.
The SC has directed the government to expand the investigation to include the top decision-makers, making way for bringing former prime ministers Madhav Kumar Nepal and Baburam Bhattarai under the ambit of the probe. The Central Bureau of Investigation (CBI) has issued arrest warrants against those charged with involvement in the scam as part of an ongoing probe that has already netted about two dozen people. Thus far, high-level politicians have been able to avoid the investigation using political clout.
Two years ago, the SC had completed its final hearing on a writ petition seeking its order to also probe former prime ministers Nepal and Bhattarai in the Lalita Niwas scam. A division bench of the then Chief Justice Cholendra Shamsher Rana and Justice Nahakul Subedi was to issue its verdict on 1 Nov 2021. But that was not to be as legal professionals started their protest against the then Chief Justice Rana.
As the judges’ and lawyers’ protest intensified, 98 lawmakers from the Nepali Congress, CPN (Maoist Center), and CPN (Unified Socialist), among others, filed an impeachment motion in the Parliament against then CJ Rana on 13 Feb 2022, leading to his suspension. Rana completed his term in suspension even as the motion itself suffered an uncertain fate.
“This case will be forever alive if the ex-PMs are not subjected to a probe. The court order should make way for investigations into other scams” -Former DIG Hemanta Malla Thakuri
Senior Advocate Bal Krishna Neupane had filed a writ petition after the Commission for the Investigation of Abuse of Authority (CIAA) refused to press charges against the two former prime ministers, arguing that cabinet decisions were beyond its jurisdiction. Neupane contended that it was unjust to give reprieve to the former prime ministers, while ministers from the same cabinet could be charged.
Former chief of CIAA Surya Nath Upadhaya says the former prime ministers will definitely be brought under probe as the court has already ordered it. “But it’s difficult to prove them guilty,” he adds. “It’s not the task of a prime minister to get involved in the land allocation process. Prime ministers don’t have time for these tasks.” I don’t think the former prime ministers are directly involved in the case, he says.
Former DIG of Nepal Police Hemanta Malla Thakuri says that as the court has already issued its verdict, it will be a bit easier for the police or the CIAA to investigate the case anew. “The investigating agency has back-up support now,” he says. “Without this kind of support, cases involving high-profile figures like former prime ministers are always an uphill battle.”
Notably, Bijaya Kumar Gachchhadar and Chandra Dev Joshi, ministers in the cabinets of Nepal and Bhattarai respectively, were brought under the scope of the probe, even as Prime Ministers Nepal and Bhattarai, as well as the Chief Secretary authenticating cabinet decisions, remained exempt.
Justices Sinha and Chudal on Sunday ordered that the investigation should encompass all individuals engaged in the decision-making process starting from the top of the pyramid. The order has cleared the way for investigating agencies to include the two former prime ministers in their probe.
The cabinet meeting held on 11 April 2010 under then PM Nepal had decided to hand over government land in the names of private individuals. When the Land Revenue Office, Dillibazar, refused to execute the decision, stating that the task fell under the jurisdiction of the Land Reforms Office (LRO, the same cabinet decided that land revenue offices could handle the responsibilities of the LRO. On 13 Aug 2010, the cabinet decided to add names of some landowners and tenants “that were missing from the previous list”.
“It’s not the task of a PM to get involved in the land allocation process, so it will be difficult to prove the two former PMs guilty in this case” -Former CIAA chief Surya Nath Upadhyaya
The cabinet meeting held on 4 Oct 2012 under Bhattarai not only agreed, in principle, to hand over the Lalita Niwas land, which was under the Samarjung Company—an entity under the Ministry of Home Affairs—to Pashupati Tikinya Guthi, but also created fake tenants.
“This case will be forever alive if the probing bodies don’t subject Nepal and Bhattarai to investigation. Remember, the court has already ordered that they be brought under probe,” says Thakuri. “This landmark verdict will also help the police and the CIAA to probe other cases involving high-profile figures,” he adds.
