Nepal | July 04, 2020

CIAA consults AG on Pathak investigation

Himalayan News Service
Share Now:

Those who are saying that Pathak cannot be investigated as he was not impeached are wrong — Bhimarjun Acharya, Constitutional expert

There is a reason why constitutional post holders cannot be investigated for corruption easily — Om Prakash Aryal, Advocate

Kathmandu, February 18

Attorney General Agni Prasad Kharel today wrote to the Commission for the Investigation of Abuse of Authority that the anti-graft body would be within its right to investigate allegation of corruption against former CIAA commissioner Raj Narayan Pathak.

According to a source in the Office of Attorney General, Kharel wrote to the CIAA after the latter sought his legal opinion on the matter. Kharel, however, refused to reveal what advice he offered to the CIAA, which sought legal opinion of the government’s chief legal adviser after media reports said the anti-graft body was dragging its feet on investigation against Pathak. CIAA Spokesperson Rameshwar Dangal said he was not aware of the opinion offered by the AG to CIAA.

Pathak, who was accused of receiving a bribe of Rs 7.8 million for settling corruption cases that were being investigated by the CIAA, resigned from his post on February 15 after ruling Nepal Communist Party (NCP) threatened to impeach him if he did not resign from his post. had posted a video shot in a sting operation in which Pathak admitted that he made a blunder by accepting bribe.

Constitutional expert Bhimarjun Acharya said there was no legal hurdle in starting an investigation against Pathak. “Those who are saying that Pathak cannot be investigated as he was not impeached are wrong because passage of impeachment motion only results in sacking of a constitutional post holder from his/her post. Once an impeachment motion is passed against somebody, the anti-graft body is free to investigate him/her if s/he has been involved in corruption,” he argued.

A senior advocate told THT on condition of anonymity that the argument that CIAA could not investigate Pathak was wrong because nobody was above the law.

Advocate Om Prakash Aryal, however, offered different opinion, saying constitution and the law did not allow the CIAA to initiate investigation against constitutional post holder without the Parliament passing an impeachment motion against the constitutional post holder.

“The president, who acts on the advice of the prime minister, should not have immediately accepted Pathak’s resignation and lawmakers should have initiated impeachment proceedings against Pathak,” he added. Aryal said the constitution and other prevailing laws had treated constitutional post holders differently because if the CIAA was allowed to investigate constitutional post holders so easily, then they, including justices, would not be able to discharge their duties impartially and fearlessly. “If constitutional post holders are investigated for corruption easily, they can become victims of revenge attacks and will not work impartially while serving a constitutional body,” he added.

He said constitutional bodies, such as CIAA, were oversight bodies and, therefore, the constitutional provisions required officers of high moral character to be appointed to the offices of such constitutional bodies.


A version of this article appears in print on February 19, 2019 of The Himalayan Times.

Follow The Himalayan Times on Twitter and Facebook

Recommended Stories:

More from The Himalayan Times:

City honour Liverpool - then hammer them 4-0

MANCHESTER: Manchester City generously applauded new champions Liverpool onto the field before their Premier League match on Thursday -- and promptly showed no mercy by thrashing them 4-0 at the Etihad stadium. With the title secured a week ago, there was little at stake for Juergen Klo Read More...

Real Madrid close on title as Ramos late show sinks Getafe

MADRID: Real Madrid captain Sergio Ramos kept his nerve to score a late penalty and secure a hard-fought 1-0 home win over Getafe on Thursday for a sixth consecutive La Liga victory to take his side one step closer to winning the title. Ramos coolly passed the ball into the net to brea Read More...

File photo of the headquarters of the World Health Organisation in Geneva

Pay attention to mental health, prevention of suicide: WHO

Kathmandu, July 2 With the COVID-19 pandemic still spreading and impacting people in multiple ways, World Health Organisation today called upon South-East Asia region countries, including Nepal, to pay greater attention to mental health and suicide prevention. “Hitting lives and livelihoods, Read More...

Government urged to make transport service effective

Workers in transportation sector face risk of losing their livelihood as the service is yet to resume KATHMANDU, JUNE 2 National Assembly lawmakers have drawn the attention of the government to the need of making transport service effective by adopting required health safety measures as life h Read More...

EU, UNICEF to prevent malnutrition in Nepal

KATHMANDU, JULY 2 European Union and UNICEF have expanded their partnership on nutrition to prevent malnutrition in children due to the socio-economic impact of the pandemic. Socio-economic impact of the COVID-19 crisis has pushed many vulnerable families across Nepal into deeper poverty and h Read More...

Bill proposing facilities for local reps tabled

POKHARA, JULY 2 Amid protest from the opposition party, a bill was tabled in the Provincial Assembly meeting of Gandaki Province proposing facilities for local level representatives today. Minister of Internal Affairs and Law Hari Bahadur Chuman tabled the bill which proposed facilities for me Read More...

Girls join hands to fight against drug abuse

KAPILVASTU, JUNE 2 Girls of Shivapur of Shivaraj Municipality in Kapilvastu district have joined hands against drug addiction. Girls associated with Gautam Kishori Sambad, Saraswoti Kishori Sambad and Nabadurga Kishori Sambad located in Shivapur have launched campaign to control drug addiction Read More...

Officer, Public Service Commission, Government officer,

Upset Nayab Subbas vow to continue protest

KATHMANDU, JULY 2 Nayab Subbas (non-gazetted first class officers) have threatened to continue nationwide protest until their demands are met. They have demanded revision in a few provisions proposed in the Federal Civil Service Bill, passed recently by the State Affairs and Good Governance Co Read More...