SC Quashes Pandey’s Writ Petition

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SC Quashes Pandey’s Writ Petition

August 7: The Supreme Court today has dismissed the writ petition of Nepal Investment Bank Limited Chairman Prithivi Bahadur Pandey. Pandey and Upendra Keshari Poudel, former Chief Currency Officer of Nepal Rastra Bank (NRB) jointly filed a writ on Mangsir 2071 asking for the court’s order to stop the handover of bank details to Australian Federal Police (AFP) on the polymer note scandal. Citing a large scale corruption on the printing of polymer notes, the Australian government had requested the Government of Nepal to provide bank details and other related information of those involved through diplomatic channels earlier.   Issuing an order, the joint bench of Chief Justice Sushila Karki and Justice Ishwor Khatiwada stated that it is appropriate for Nepal to provide such information and details to Australia fulfilling the obligations of United Nations Convention Against Corruption, 2003 along with other international conventions for the prevention of organised crime as both countries are signatories of the convention. The Supreme Court in its order further stated that handover of such details do not violate the writ petitioner’s right to privacy and other rights guaranteed by the constitution.      

As per the investigation of the AFP, Note Printing Australia (NPA) through its agents Prithivi Bahadur Pandey and his brother Himalaya Pandey bribed high officials of NRB in order to get the contract of printing of Rs 10 polymer notes. The alleged former Australian officials of the NPA are facing court cases at present. The Australian government had asked for the bank account details of the involved Nepalis in this regard. 

Earlier, Kathmandu District Court had approved to handover the bank account details to the Australian Government. Following the approval, NRB issued a circular asking all banks to provide bank details of all the alleged individuals. After which, Pandey and Poudel jointly filed the writ against the District Court’s decision in the Supreme Court. The Supreme Court had initially ordered not to implement the district court’s decision for the time being. The writ applicants had mentioned that their bank account details are confidential matters claiming that handover of such details to another country would violate their fundamental rights.

As per the Supreme Court’s latest decision, the confidentiality of bank account details is not absolute but is subjected to regulation through legal processes and does not contradict Section 79 of Bank and Financial Institution Act, 2063.  The Court also concluded that Nepal should send the requested assistance due to the diplomatic relations of Australia with Nepal.

Meanwhile, experts believe that the decision will have long lasting significance as the issue is related with money laundering. According to the lawyers well known to the matter,the issue is not only related to Australia. As the high government officials of Nepal have taken bribes through Nepali citizens, Nepal should conduct the separate investigation on the matter, they say. Commission for the investigation of Abuse of Authority (CIAA) had already taken clarifications from the related individuals on the matter. However, CIAA stopped the investigation citing the issue was pending in the court. With the Supreme Court’s latest decision, CIAA and other investigation department related with corruption are opened to investigate the further on the issue.

 

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