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Petitioners have actually demanded to ditch Section 4 (b) of the Commission for the Investigation of Abuse of Authority Act, arguing that the arrangement reduces the CIAAs authority to investigate decisions made collectively by the Cabinet and Cabinet committees.Petitioners have stated that while it was logical to keep judicial and parliamentary actions out of the purview of the anti-graft body, keeping the Cabinet and its committees decisions out of the ambit of CIAA investigation was approximate and contrary to the idea of ombudsman.They argued that Section 4 (b) of the CIAA Act promoted corruption, as high-level workplace bearers might indulge in corruption with impunity on the basis of immunity offered by this arrangement of the CIAA Act.They said Section 4 (b) was integrated in the CIAA Act by breaching legislative boundaries and was against the spirit of the constitution.Petitioners said that rather of attempting to remove Section 4 (b) which was a major difficulty in the effort to keep great governance, the federal government signed up the CIAA (Third Amendment) Bill on 20 January 2020, proposing to expand immunity enjoyed by the Cabinet and its committees to provincial cabinets and their committees as well.They stated in their writ petition that the UN Convention against Corruption-2003, which Nepal has ratified, doesnt permit difference between policy and non-policy to keep any act of any organization or individual out of the ambit of the anti-corruption body.
It is required to repeal Section 4 (b) of the CIAA Act to satisfy Nepals obligation under the UN Convention against Corruption, which proposes zero tolerance versus corruption.Writ petitioners argued that all institutions, and not only the Cabinet, took policy decisions and if such decisions were stayed out of the ambit of CIAA, that would not remain in consonance with the rule of law.
In Democracy, laws use equally and no person or institution is above the law.
Chapagai told THT that Section 4 (b) of the CIAA Act was at the root of corruption and needed to be removed.Some political celebrations and civil society members have actually likewise raised their voice versus this arrangement, saying that they understood of instances where Cabinet ministers, who were supposed to take choices by themselves, took specific questionable offers to the Cabinet so regarding prevent any probe by the CIAA.The other members of the constitutional bench that released the program cause notice to the government are Justice Ishwar Prasad Khatiwada, Ananada Mohan Bhattarai, Prakash Man Singh Raut, and Sapana Pradhan Malla.The bench, nevertheless, refused to release interim order as looked for by petitioners.A variation of this post appears in the print on January 5, 2023, of The Himalayan Times.
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The show cause notification was released by the five-member constitutional bench led by Acting Chief Justice Hari Krishna Karki in response to a public interest lawsuits submitted by 8 individuals and organisations, consisting of Advocate Raju Prasad Chapagai on behalf of the Justice and Rights Institute of Nepal (JuRI-Nepal) and Ghanshyam Khadka on behalf of the Human Rights Journalists Association.
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This post very first appeared/also appeared in https://thehimalayantimes.com
Nepal
Why can -# 039; t CIAA probe Cabinet choices, asks peak court
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