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Kathmandu Saturday October 06, 2001 Ashwin 20, 2058.
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Controversial bill
The ongoing debate on second amendment to the
CIAA Bill has rocked the Parliamentary State Affairs Committee. The Bill is supposed to
empower CIAA for investigating the abuse of authority by higher personalities. Most of the
lawmakers, both ruling and opposition parties, have been pleading for maximum power and
authority to CIAA, and for this they want the Bill to be enacted into law. Belatedly
though, our parliamentarians MPs felt it necessary to bring the prime minister, chief
justice, judges and other judicial employees to justice.
Meanwhile, many scholars including justices
have bitterly criticised the Bill. According to them, provisions in the new Act, like
giving authority to the CIAA for investigating and prosecuting all constitutional
dignitaries, including justices of the Supreme Court, on the ground of misusing power and
wrongdoing, might affect their fair and impartial decision-making. In their views, there
is a special provision in the Constitution for their impeachment in case of any
wrongdoing. Therefore, the proposed amendment conflicts with the Constitution.
This controversial Bill has raised many
questions. If constitutional dignitaries hate corruption and find themselves free of
corruption, then why should they be worried regarding this amendment? Why it has been a
great headache to them at now? Have they spoken against this amendment being worried that
it may spoil the spirit of Constitution or anticipating possible legal action? Is there
any guarantee that the CIAA Commissioner and other members will always remain honest and
uncorrupt? If they commit crime and misuse their power who will take the legal action?
Manoj Acharya
via e-mail |
