Legal Development in Nepal

Governor Convicted!!!!

Nepalnews reports this recent development here that fomer Nepal Rashtra Bank Governor has been found guilty of financial irregularities by Supreme Court of Nepal and punishment has been imposed on him. We were tracking this news constantly and you can read rest of the stories here. I have no comment on this news as I am not able to read the text of judgments but express my solidarity withdreams of corruption free society. And this is the end of constant following on this corruption case as I have decided to be a bit selective while publishing blog. This issue has been touched in my next entry.

The Supreme Court (SC), Tuesday, decided that governor of Nepal Rastra Bank (NRB) Bijaya Nath Bhattarai and director Surendra Pradhan are guilty of irregularities.

The single bench of judge Tahir Ali Ansari decided that they are guilty of irregularities worth Rs 3.3 million since they did not initiate steps to obtain compensation from a consulting firm after terminating contract with them in a financial sector reforms programme.

The SC decided that the two should be fined the same amount as penalty.

The Commission for Investigation of Abuse of Authority (CIAA) had filed a case against the two for committing irregularities worth around Rs 20 million.

Since the CIAA filed the case against them eight months ago, the two had remained suspended.

Last month, the Special Court had delivered a fractured verdict on the case – with each of the three judges giving different opinions regarding their guilt. Consequently, the case had been referred to the apex court.

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NRB Governor Case Hearing in Supreme Court

We are constantly following the corruption case of NRB Governor. We have a news today that SC has fixed the date for hearing on the case.
Here is a report by Kantipur and another report is here by Nepalnews.
The Supreme Court on Wednesday decided to hold a hearing on the corruption case against Governor of Nepal Rastra Bank (NRB) Bijaya Nath Bhattarai and another NRB official Surendra Man Pradhan, on March 11.
The apex court is going to take up the case after Special Court judges could not pass a unanimous verdict on the case on February 17. All three judges of the court had passed different verdicts on the case. Now, a single bench of the apex court will decide the case.

As ordered by the Special Court on February 17, Governor Bhattarai and Pradhan presented themselves in person before the apex court on Wednesday for a general date. The Commission for the Investigation of Abuse of Authority (CIAA) has accused Bhattarai and Pradhan of causing loss worth Rs 24.5 million to public property by not claiming compensation after terminating a consulting agreement unilaterally with KPMG, a Sri Lanka-based consulting firm.

 

 

And the Nepalnews Report:

The Supreme Court (SC) on Wednesday set March 11 as the date to conduct a hearing on charges of financial irregularities lodged against governor of Nepal Rastra Bank (NRB) Bijay Nath Bhattarai and director of the bank Surendra Man Pradhan.

Both Bhattarai and Pradhan had reached the Supreme Court as per the court’s summon orders.

After remaining pending at the special court for six months, the case had been referred to the apex court after three of the presiding judges of the special court gave three different verdicts on the case.

The case against governor Bhattarai, who remains suspended since last seven months after the Commission for Investigation of Abuse of Authority (CIAA) slapped him with charges of financial irregularities, has attracted even the attention of donors with some of them publicly expressing disenchantment over the delay in settling of such a ‘sensitive case involving the governor of the central bank.’

The Special Court had been pending its verdict on the case on various grounds for the last many months.

Bhattarai and Pradhan face charges of committing financial irregularities worth nearly Rs 20 million in a financial sector reform programme.

Special Court gives fractured verdict on governor’s case

As You know that We are constantly following this case in our blog-This is the case relating to corruption charges against NRB Governor.

Nepalnews today reports here that a verdict has been awarded by Special Court but the verdict seems to be an incomplete one and the case will be further decided by Supreme Court in Nepal.

The protracted case against the governor of Nepal Rastra Bank (NRB) Bijaya Nath Bhattarai witnessed a new twist on Sunday with three of the presiding judges of the Special Court (SC) giving three different verdicts on a case of corruption they were hearing in the court against him.

Consequently, the matter will now be heard in the apex court.

On Friday, the three-member Special Court bench had heard the case the whole day. They delivered the fractured verdict just after office hours in the evening.

The chief judge of the Special Court Bhoop Dhoj Adhikary concluded that the case did not have enough strength and suggested the accused be given a clean chit. A judge of the court, Komal Nath Sharma pointed at the need for further evidence to proceed with the case while the third judge, Cholendra SJB Rana saw enough evidence to sentence him as guilty.

The divided verdict was informed to the press by sub-registrar of the Special Court, Ritendra Thapa.

The case against governor Bhattarai, who remains suspended since last seven months after the Commission for Investigation of Abuse of Authority (CIAA) slapped him with charges of financial irregularities, has attracted even the attention of donors with some of them publicly expressing disenchantment over the delay in settling of such a ‘sensitive case involving the governor of the central bank.’

The Special Court had been deferring delivering its verdict on the case on various grounds for the last many months.
Along with Bhattarai, a director of NRB Surendra Pradhan is also facing charges of irregularities worth nearly Rs 20 million in a financial sector reform programme.

Governor’s case decision deferred, yet again

In this Blog, We are constantly updating any development that takes place about this case-the corruption case against NRB Governor Bijayanath Bhattarai. You can see here for earlier developments. Nepalnews here reports the latest development on this case.

The Special Court, on Friday, repeated the scene seen seven times before.

It deferred the decision on the case against governor of Nepal Rastra Bank (NRB) Bijaya Nath Bhattarai citing lack of time.

The case of suspended governor of the central bank has been deferred till Sunday (February 17).

Bhattarai and a director of Nepal Rastra Bank (NRB) Surendra Pradhan are facing charges of irregularities worth nearly Rs 20 million in a financial sector reform programme.

The Commission for Investigation of Abuse of Authority (CIAA) had slapped the charges against the duo seven months ago.

The donors have expressed concern over the lingering and delay in the settlement of the case against the governor of the central bank.

Corruption Case of NRB Governor

In this post, in our earlier blog post, We had written that we will be updating you with the recent development on this case- case related to Governor Bijaya Nath Bhattarai as this case assumes a great significance among public. Here is a report published in Kantipur about the authenticity of letters presented by CIAA. If this is true, I think, the case is weak one and seems to tilt in favour of the accused.

KPMG official was never in Nepal for RB deal

KPMG, a Sri Lanka-based consulting firm dragged into the corruption case against Nepal Rastra Bank Governor, has finally replied to the Special Court, saying that it did not authorize A.N. Fernando to sign a consulting agreement with the central bank on February 6, 2006.Fernando is currently at the center of the controversy that has surrounded the case after the court raised doubts about the authenticity of the agreement bearing his signature. The court has not been able to finalize the case against Governor Bijaya Nath Bhattarai because of the questionable nature of the document.

“Mr. A. N. Fernando who was supposed to have signed said agreement with the Central Bank of Nepal on behalf of our firm has never been to Nepal and the signature appearing on page 3 of the agreement sent by you is not his signature,” KPMG said in a reply sent to the court on Monday.

KPMG was replying to a court letter sent on January 16. The court has asked the firm to clarify the authenticity of the document.

The question of the authenticity of the document arose after lawyers for Governor Bhattarai doubted the authenticity of a letter dated June 18, 2007. In the letter sent to Ranjan Krishna Aryal, investigation officer of the Commission for the Investigation of Abuse of Authority (CIAA), KPMG said the signature appearing on the agreement was not Fernando’s.

Like the lawyers for the CIAA and those for the Governor, the judges of the court have also remained divided over the documents. Chairman of the court Bhoop Dhoj Adhikari has maintained that there was no need to verify the authenticity of the documents to pass a verdict in the case. However, two other members of the courts, Komal Nath Sharma and Cholendra SJB Rana, have been seeking to verify the authenticity of the documents. As the members are in a majority, their stance is prevailing.

The court is holding yet another hearing in the case on February 15.

Verdict on suspended central bank governor’s case

This Blog will be constantly tracking the news related to corruption case of Nepal Rastra Bank (NRB) governor Bijay Nath Bhattarai. The case has been deferred again and verdict is unlikely to be out any time soon if this is the way courts move on. There seems to be incompetency on the part of Investigating Authority to collect all the evidence with proper caution. We would like to see that the case is decided soon and if the accused is found guilty, a maximum punishment as per nepalese law be imposed on him. This should send clear message to the corrupt officials in our country that corruption is no more tolerated. For this to happen, the investigations must be complete on all fronts and the designated court must decide it soon. Justice delayed is of course, justice denied. You can read some of the developments in near and distant past on this case in this post.
Here is a Report from Kantipur that the case is deferred again.
The much-awaited verdict on the corruption case filed against the suspended Nepal Rastra Bank (NRB) governor Bijay Nath Bhattarai was deferred for the sixth time on Monday.At the end of the office hour today, the Special Court stated that it could not give the verdict due to time constraint and added that the case will resume on February 15.On January 13, the court had put off the verdict for the fifth consecutive time, citing lack of evidence after the central bank failed to furnish proof relating to the authenticity of a letter from Sri Lanka-based consulting firm KPMG in a corruption case against suspended Governor Bhattarai and another NRB official, Surendra Man Pradhan.

According to sources, the court has not been able to give its verdict on the case since the NRB is yet to provide proof relating to the letter’s authenticity.

Bhattarai, along with Pradhan, are facing a corruption charge filed by the Commission for Investigation of Abuse of Authority (CIAA), the constitutional anti-graft body, on June 29 last year.

CIAA has accused Bhattarai and Pradhan of causing a loss amounting Rs 24.5 million to the public by not claiming compensations after terminating a consulting agreement unilaterally.

Division bench of judges Cholendra SJB Rana and Komal Nath Sharma are carrying out the hearing.

Before Above News was out, We had published that the case will be decided on January 28. Our Previous Report was taken from Kantipur whose exact link could not be found now. The Report was:

    The Special Court Monday is due to give much-awaited verdict on the corruption case filed against the suspended Nepal Rastra Bank (NRB) governor Bijay Nath Bhattarai.The court had earlier deferred the hearing on the Central Bank governor for the fifth consecutive time citing different reasons.

The court had put off the verdict on 13 January for today citing reasons of lack of evidence after the central bank failed to furnish proof relating to the authenticity of a letter from Sri Lanka-based consulting firm KPMG in a corruption case against suspended Governor Bhattarai and another NRB official, Surendra Man Pradhan.

Bhattarai, along with Pradhan, are facing a corruption charge filed by the Commission for Investigation of Abuse of Authority (CIAA), the constitutional anti-graft body, on June 29 last year.

CIAA has accused Bhattarai and Pradhan of causing a loss amounting Rs 24.5 million to the public by not claiming compensations after terminating a consulting agreement unilaterally.

Division bench of judges Cholendra SJB Rana and Komal Nath Sharma are carrying out the hearing.

Some other Reports related to this case can be read in following Links:
Court gets Lanka firm papers : twist in case of RBB Governor

NRB guv case verdict rescheduled for Feb 15