INSUBCONTINENT EXCLUSIVE:
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.
This post very first appeared/also appeared in https://thehimalayantimes.com
