KATHMANDU, AUGUST 20
Chief Commissioner of the Commission for the Investigation of Abuse of Authority (CIAA) Prem Kumar Rai has urged Parliament to amend existing laws to clear up ambiguities over the Cabinet's policy decisions, while defending the anti-graft body against lawmakers' allegations of executive interference by the Prime Minister's Secretariat.
Speaking at a meeting of the House of Representatives' State Affairs and Good Governance Committee (SAGGC) in Singha Durbar today, Rai said Section 4 of the CIAA Act - which prohibits the commission from investigating and prosecuting policy decisions made by the Council of Ministers - is a legal hurdle for the commission's work.
"The commission cannot investigate or take action on policy decisions of the Cabinet, as per the provisions of Section 4 of the CIAA Act," Rai told the committee. "Unless this provision is explicitly amended or reformed, it remains impossible for the commission to prosecute Cabinet decisions. allegations of coercion or unlawful detention. Therefore, I have presented my view on the necessity of legal reforms that clearly define policy decisions and delineate their scope."
Rai added that until clear legislative guidelines or statutory amendments are enacted, the anti-graft body's hands will remain tied when it comes to executive decisions made by the Cabinet and its sub-committees. He stressed the importance of precise legal provisions in preventing corruption disguised as policy decisions.
PARLIAMENTARY BACKLASH OVER ALLEGED DETENTION
The committee meeting grew heated as lawmakers from across party lines grilled Rai over news reports alleging that advisers to Prime Minister Balendra (Balen) Shah had detained Rai and senior CIAA commissioners at the Prime Minister's Office (PMO) in Singha Durbar for seven hours to pressure them into expediting charges in a high-profile passport procurement case.
Clarifying the incident, Rai said he and his colleagues had attended a meeting at the PMO at Prime Minister Shah's invitation but denied.
"The central question is whether the honourable prime minister contacted us regarding the passport issue. We can be called for discussions or suggestions," Rai said. "He called to ask what was going on with the case and what we were doing."
Rai admitted that Shah had asked the CIAA to expedite prosecution in the passport contract case, which the commission then did. "We went, held discussions, and he requested us to review it and expedite the submission. We did that, and the case was duly registered. The prosecution has already been filed and can be viewed on the website. Anyone can look into whether the prosecution was sound or if there were any irregularities," Rai said, declining to elaborate further.
LAWMAKERS SLAM EXECUTIVE OVERREACH
Despite Rai's explanation, lawmakers voiced deep concern over the appearance of executive pressure on an independent constitutional body.
Amaresh Kumar Singh, a Rastriya Swatantra Party (RSP) lawmaker, sharply criticised the executive branch and demanded clarity on the CIAA's constitutional status.
"Clarify whether the CIAA is an independent constitutional organ or merely a branch of the Office of the Prime Minister and Council of Ministers," Singh said, arguing that since the CIAA has authority to investigate the prime minister, it should demand formal written communications rather than respond to informal summons. "The CIAA's dignity is being eroded. Being prime minister does not make a person a king, nor does it make legislators subjects."
Singh also accused the CIAA of fostering middlemen and overlooking major corruption scandals, citing alleged irregularities at Gautam Buddha International Airport in Bhairahawa.
Harka Sampang, president of Shram Sanskriti Party, questioned the legality of the prime minister's actions during the alleged seven-hour meeting.
"I have heard that the prime minister summoned and held you captive. Please inform us what you were compelled to do there," he said, adding that if the prime minister had held constitutional officials captive, it would constitute a severe abuse of authority warranting action. He also raised concern about frivolous and anonymous complaints draining local government resources.
Arjun Narsingh KC, a senior Nepali Congress leader, expressed disappointment that the anti-graft body had been reduced to what he called an executive shadow.
"The CIAA has been kept under control. Officials were allegedly detained for seven hours in order to force a prosecution. I am saddened by actions that turn a constitutional institution into a helpless shadow of the government," he said, urging the CIAA to work with Nepal Rastra Bank to track corruption-related capital flight abroad.
Padma Aryal of the CPNUML emphasised that commissioners must assert their independence and avoid viewing themselves as extensions of the executive branch.
"Today, the CIAA operates in fear and under political influence. While some claim it has become an impediment to development, what is the actual truth?" she asked, calling for the immediate dismissal of unsubstantiated complaints filed for political vendetta.
RSP President Rabi Lamichhane described the combination of reported death threats against the chief commissioner and executive pressure at the PMO as a severe crisis for the rule of law.
"This is not about Prem Rai as an individual, but about the CIAA's chief commissioner. A sitting chief commissioner receiving death threats - even after financial transactions have been verified - is an extremely serious matter," he said, questioning how the commission could make impartial decisions while subjected to what he described as psychological pressure.
Clarifying his party's position, Lamichhane added, "As president of a ruling party, I can clearly state that the CIAA is not a shadow of the government, and the government should not treat it favourably. We have no biases or prejudices." He assured the commission there would be no political interference in the pursuit of good governance.