Kathmandu, August 14
The Supreme Court today issued an interim order to Department of Revenue Investigation and Ministry of Land Reform in response to a writ of certiorari filed by Kanak Mani Dixit and others.
A division bench of Justice Hari Krishna Karki and Anand Mohan Bhattarai stayed the defendants’ action against the petitioners. Recently DRI, which has been investigating allegation of tax evasion against Kanak Mani Dixit, had ordered him to appear before it.
The SC observed that the May 2 decision of the Commission for the Investigation of Abuse of Authority to write to land reform ministry with regard to the investigation into the petitioner’s property was not supported by the constitution and law.
On May 2, the CIAA had written to the government telling it to attach some above-the-ceiling land owned by the Dixit family.
The court stated that as per Article 239 (4) of the constitution, the CIAA can write to government bodies but the phrase ‘appears to be of such nature as to be falling under the jurisdiction of another official or body’ means that CIAA can invoke the provision only when concludes investigation against the petitioners (Dixits).
A version of this article appears in print on August 15, 2016 of The Himalayan Times.