Consensus eludes Special Court judges

Kathmandu, February 17:

For the first time in the judicial history of Nepal, a lower court, upon failing to reach a verdict on a case, has referred a case to the Supreme Court.

Presiding Judge of the Special Court Bhoopdhoj Adhikary and member judges Komal Nath Sharma and Cholendra Sumshere Jung Bahadur Rana differed in their opinions in the corruption case against Governor of Nepal Rastra Bank (NRB), Bijaya Nath Bhattarai and Executive Director Surendra Man Pradhan and referred the case to the apex court today.

While judge Adhikary said the top officials should be acquitted because

the CIAA failed to establish the case, judge Sharma was of the view that the

case needed further investigation and judge Rana was for convicting them and slapping a one-year jail term on them.

As per the Special Court Act 2002 Clause 6(5), the court needs either an unanimous or a majority opinion to issue a verdict on any case and if it fails to do so, shall refer the case to the Supreme Court.

The Financial Sector Reform Project had been endorsed by the NRB board of directors and the World Bank had also consented breaching of the contract so there is no need to confirm about termination of the contract on hiring the consultant, chairing judge Adhikary said, claiming that the duo should be acquitted.

Judge Sharma, however, stated that it would be improper to believe on the role of AN Franando of KPMG Sri Lanka since he has not verified the same in the letter sent on June 18, 2007. “Although the court has authority to further verify the letter, it is running out of time so the court can assign the CIAA to verify the issue,” he said.

Judge Rana said that the duo should be convicted and given a a jail term of one year each as per Clause 8 (3) of the 2002 Act for causing the NRB a loss of Rs 30 million by terminating the consultation agreement signed with the IEF INC.