• LALITA NIWAS LAND GRAB SCAM
KATHMANDU, AUGUST 6
The Supreme Court has directed investigating agencies probing forgery and organised crime charges in Lalita Niwas land grab case to immediately bring the higher ups (Cabinet decision makers) or people on the top of the pyramid that decided to transfer government land plots to private ownership within the scope of their investigation.
A Division bench of Justices Anil Kumar Sinha and Kumar Chudal issued the order in response to a habeas corpus writ petition filed on behalf of Yograj Paudel against the home ministry and others.
The bench expressed dissatisfaction with the ongoing investigation, saying it was mainly focused on lower rank government employees who only performed the assigned tasks and those who had invested money to buy land.
The court ordered investigating agencies to probe all the higher ups, including those office bearers or decision makers that were involved in the Cabinet decision taken on 11 April 2010, 14 May 2010, 13 August 2010, and 4 October 2012 and those that certified the decisions and executed them, and those that prepared the notings on behalf of the concerned ministry about the transfer of Lalita Niwas land.
The court observed there were allegations that Lalita Niwas land plots were fraudulently transferred to individuals on the basis of the Cabinet decisions taken on 11 April 2010, 14 May 2010, 13 August 2010 and 4 October 2012. The CIB is investigating the role of office bearers, different ministries, government employees and some private individuals.
Stating that the Lalita Niwas land grab case was an issue of public importance, the SC said that investigation of such issues must be conducted independently and competently in a neutral manner so that the investigation can win people's confidence. "Otherwise, people will lose faith in the judiciary and the multi-dimensional heritage of social life may crumble," the court said.
The court observed that investigators had quizzed the defendants about the pyramid style collusion to transfer government land to private ownership, yet the investigators had not brought the decision makers who were at the top of the pyramid within the purview of the investigation.
The bench observed that in matters of public interest, the SC has the power to take Suo motu actions and issue directives and guidelines and it has been doing these things.
The court must fulfil the responsibility of assuring the public that the right to equality, equal protection of law, impartial and just use of law shall be guaranteed, the court observed.
The Central Investigation Bureau had, on February 10, 2020, launched its investigation against people allegedly involved in land grab case, particularly those individuals that were accused of forging documents to facilitate transfer of public land into private property.
The current investigation against the defendant was being carried out under both anti-forgery and organised crime act.
The court observed that the investigation was aimed at lower rank employees such as clerks, junior clerks, surveyors, and section officers who were responsible for preparing notings, initiating legal processes, adopting process to rectify mistakes, signing as witness and facilitating the buying or selling processes.
It is desirable that whoever was involved in the land grab case should be investigated, the top court stated in its order.
The court said it had no reason to believe at the moment that the investigating authorities were not probing the issues independently and in a competent manner.
The bench observed that the court does not prepare a blueprint for investigation, interfering in the detectives' work, their competence, dutifulness, impartiality and activeness, and the court should maintain restraint limiting its action.
However, national and international practices allow the court to issue rational guidance (to detectives) in exceptional situations and on issues of public interest in order to ensure justice in fair, impartial, credible, equal and result-oriented manner.
The court observed that the SC had ruled in the Suntali Dhami versus Prime Minister and Council of Ministers case that it can review any government bodies' action to ensure full justice.
The police have accused some of the defendants in Lalita Niwas land grab case of creating fake government documents to transfer ownership of government owned land of Lalita Niwas (the complex that houses the prime minister's residence, Nepal Rastra Bank's central office, and VIP residences) to private ownership.
Earlier the Commission for the Investigation of the Abuse of Authority that first probed the Lalita Niwas land grab case, had filed corruption case against 175 individuals on 6 February 2020.
The 175 people accused by the CIAA include four former ministers, former head of the CIAA Deep Basnyat, and two former secretaries.
The court ruled that Paudel's arrest was not illegal as his statement was being recorded at investigating agencies.
A version of this article appears in the print on August 7, 2023, of The Himalayan Times.
