The Special Court has raised serious concerns over the Commission for the Investigation of Abuse of Authority (CIAA)’s prosecution in the wide-body aircraft corruption case, calling it “selective.”
“It appears that charges were not filed against some officials who were also involved in the same procurement process,” read the full text of the verdict made public recently. “Such a selective approach—prosecuting some while excluding others involved in the same act—demonstrates a biased and discriminatory attitude.”
[Read: Special Court Convicts Top Nepali Officials in ‘Wide-Body Scam’ ]
“Selective prosecution is against the principle of equal justice. Such actions undermine the belief that the law is equal for all and erode public trust in justice,” it adds.
On December 5, 2024, the court convicted several senior Nepali officials, foreign nationals, and representatives of the aircraft supplier company for corruption in Nepal Airlines Corporation’s (NAC) purchase of two Airbus A330 aircraft.
A bench comprising Chair Tek Narayan Kunwar and members Tej Narayan Singh Rai and Ritendra Thapa ruled that irregularities worth Rs 1.47 billion occurred during the procurement.
Following a five-year investigation, the CIAA filed the case in April 2024 against 32 individuals, accusing them of corruption.
[Read: British-Nepali Confesses Bribery in NAC's Wide-Body Procurement Deal: Report ]
Among those found guilty were former Tourism Secretary and NAC Board Chair Shankar Prasad Adhikari; NAC General Manager Sugat Ratna Kansakar; former Secretary and NAC Board Member Shishir Kumar Dhungana; and Tourism Ministry Joint Secretary Buddhi Sagar Lamichhane.
Former Tourism Minister Jeevan Bahadur Shahi was acquitted.
The verdict notes that Prem Kumar Rai, the current CIAA Chief who chaired the board meeting that initiated the procurement, was not charged.
According to the verdict, the procurement process began on April 14, 2016, during a meeting of NAC’s Board of Directors chaired by then Tourism Secretary Prem Kumar Rai. The board decided to proceed with the purchase of two wide-body aircraft under Clause 236(1)(a) of Nepal Airlines’ Financial Bylaws, 2065, and formed a subcommittee to study and report on the proposal under Clause 236(1)(b).
The court notes that the CIAA did not challenge the legality of that board decision. Instead, it filed charges only against select individuals involved in implementing it.
“It seems the charge sheet alleges corruption and financial damage against select individuals based on that very decision, while others involved under the same decision have not been prosecuted,” the verdict states.
It adds that the procurement process appears to have proceeded according to the board’s mandate, with the subcommittee fulfilling its assigned role.
While the CIAA alleges that most stages of the procurement violated the Procurement Act and Regulations, the charge sheet does not demand the annulment of the process. Nor does it clearly state the total financial loss incurred, according to the full text of the verdict.
Nepal Airlines received the first aircraft on June 28, 2018, and the second on July 26, 2018.
