Offered Rs 2 crore bribe to free accused on bail in leaked tape
KATHMANDU, JUNE 22
An audio tape has been leaked to the media in which a lawyer, Rudra Pokharel, is heard offering a bribe of Rs 20 million to Kathmandu District Court Judge Raj Kumar Koirala for securing the release of Founder of Civil Savings and Credit Cooperatives Society Ltd Ichha Raj Tamang. The audio tape was broadcast by news24 yesterday, but its authenticity is yet to be verified.
Koirala says he has done nothing illegal, whereas Pokharel has claimed that the voice heard in the tape is not his.
In the audio tape of the alleged phone conversation between Pokharel and Koirala, Pokharel is heard offering Rs 20 million to Koirala for bailing out Tamang for Rs 100 million. Koirala appears hesitant initially, but when Pokharel assures him that he would have the chief justice talk to him Koirala agrees to consider the deal.
The said conversation seems to have occurred before 29 December 2021- the day Kathmandu District Court heard the case - but the alleged bribery deal is unlikely to have materialised, as Koirala sent the accused to judicial custody.
Pokharel is also heard saying that he would get Koirala's order validated by a higher court.
He also tries to convince Koirala that it would be a safe deal because the case was weak and chances of conviction were remote.
Pokharel is heard saying, "I will receive the amount and let's go for a good deal. You may not get such a good opportunity again," Pokharel is heard telling Koirala.
He said he would be responsible for taking higher authorities into confidence. Koirala is heard asking Pokharel, "Will the chief justice okay this?" At this, Pokharel said, "I take the responsibility of getting the chief justice agree to it."
Koirala feared that media would raise the issue and people would take to the streets if he released Tamang on bail. However, Pokharel allayed his fears.
He told Koirala that if his bench did not release Tamang, the higher court would grant him bail. Koirala is heard telling Pokharel that if he released Tamang on bail, his job would be at stake.
Neither Koirala nor Pokharel could be contacted for comments as their phones were switched off. They, however, wrote on Facebook claiming innocence.
Koirala wrote, "...I have not done anything inappropriate. I played a neutral role despite different influences and pressure.
Let the Judicial Council investigate the matter. I express my full commitment to cooperate in the investigation."
Pokharel, on the other hand, said he was not party to the conversation. "Let the audio tape be investigated. I am not involved in this kind of conversation," he wrote.
He said he was ready to cooperate in the investigation of the case by Nepal Bar Council.
Pokharel said he would remain suspended as member of the Nepal Bar Association till the investigation was over and would not take part in any activity as a lawyer. "I am looking for a legal remedy against this conspiracy," he added.
Tamang, who was arrested on the charge of defrauding Rs 8 billion, was sent to judicial custody on 29 December 2021.
Pokharel, a former treasurer of the Nepal Bar Association, is close to the CPN-UML and is a member of the party's legal department.
The Nepal Bar Association has condemned "such irrational, undignified, and inappropriate acts by lawyers, judges, and employees."
The Supreme Court Bar Association said all the people involved in the said deal should be prevented from performing their official duty.
Judicial Council forms probe team
The Judicial Council held its meeting on Wednesday and discussed the leaked audio tape where Kathmandu District Court Judge Raj Kumar Koirala is heard negotiating a bribery deal with Advocate Rudra Pokharel. The JC has formed a three-member probe committee under JC member Ram Prasad Shrestha to look into the matter. Two other members of the probe panel are the Acting Chief Judge of Patan High Court Mahesh Pudashaini and Judge of the same court Mahesh Sharma Paudel.
Spokesperson for JC Man Bahadur Karki said the probe committee was given 45 days to submit its investigation report. The committee will record statements of all concerned during the investigation.
A version of this article appears in the print on June 23, 2022, of The Himalayan Times.
