NATIONAL 5 (Spotlight Weekly)]

Legal Angle

Establishing of cases against those who misused the diplomatic passport requires further investigation

By KESHAB POUDEL

As usual the report regarding the misuse of diplomatic passport presented by the judicial inquiry commission was released a few days ago to the public. But the government is yet to announce formal investigation procedures to establish the facts to initiate legal prosecution against the guilty parties.

According to the legal procedure, cases can not be filed simply on the basis of commission's report although the report can be used as evidence to initiate investigation.

The report gives adequate evidences to establish cases against those who misused the diplomatic passport. Unfortunately, the government seems to be happy just at making the inquiry report public rather than start investigation for the prosecution.

The report was prepared by the judicial commission formed five months ago under the chairmanship of former justice Jhulendra Chhatkulli. This is the second inquiry commission constituted by different governments in the past two and a half years.

According to the commission's report, the misuse of passport seems to be so rampant that even those who were not allowed to use the diplomatic passport were carrying it.

More than 8000 diplomatic passports were issued by the Ministry of Foreign Affairs during the last forty years and some of those passport were misused by different persons. Even the peons were issued the diplomatic passport.

"If the further investigations are made, many hidden facts will come out publicly," said one of the member of the commission headed by then special secretary Shreekanta Regmi.

According to the Passport Act 2023, there are clear provisions regarding whom to provide the diplomatic privilege and whom not to.

Legal experts argue that the government institutions which are constituted to start the investigations must act promptly to establish the case before it is too late.

Others say that the commission report is not in itself a prime facie but can be used to collect evidences. The report showed that there are adequate evidences to prove the misuse of diplomatic passport.

The government constituted high level inquiry commission after several news were leaked regarding the misuse of passport by different individuals belonging to high political strata.

Chhatkuli commission members are surprised why the government is delaying to start the investigation to establish the case. The commission has recommended different ways to initiate the investigation and to collect further evidences.

Although the misuse of diplomatic passport is rampant, the parliament has not passed any law to this regard in the last 10 years to punish the culprits.

"We have handed over the decision. Now, how to proceed with the investigation and prosecution is the duty of particular department. If the legally established duty is not exercised by concerned authorities, then how it is possible to prosecute the guilty ones. The law has clearly set up institutions to take actions against the guilty individuals," said Chhatkuli.

One of the significant findings of the commission is that it has pointed to the involvement of some powerful political persons in the misuse of diplomatic passport. That some people want to make money by hook or by crook is one part but why should they be defended, as it seems, by responsible authorities in the government is the matter of serious question.

Present government has done a good job by finally releasing the report on the misuse of diplomatic passport presented by the inquiry commission but the real test lies on whether the government will pursue the case to its logical end. The government as yet has not made its position clear on what actions it is going to take against those who misused the privilege.

According to the commission report, around one dozen MPs of different political parties including ruling Nepali Congress, main opposition UML, RPP and ML are found involved in the misuse of the diplomatic passport. Some were found to have even sold their passport to others.

The inquiry commission was set up by Krishna Prasad Bhattarai's government after intense pressure from different sections.

Others see the commission report is not adequate to initiate the prosecution and argue that this is not a criminal investigation report but just a fact finding one's.

"The evidence pointed out in the report can be taken as evidence to proceed with criminal investigation. As an issue of public importance, the government had formulated the fact finding commission," said a lawyer.

In Nepalese context many see the formation of the commission as government's move to respect the public opinion. For the actual prosecution to take place, first the investigation officer should examine the case and recommend for prosecution to district attorney (prosecutor).

"Any report by a commission of inquiry of this nature is not a criminal investigation and also not a criminal trial. As such you cannot hold them liable for any punishment on the basis of these findings. Criminal investigating officer or agency may initiate criminal investigation and commission of crime if established by evidences collected by them. Then, they may forward their criminal investigation report to the prosecuting authority for criminal trial before the competent court," said Attorney General Badri Bahadur Karki.

The incident of misuse of diplomatic passport was widely publicized following the detention of former Minister of State and Congress leader Hasta Bahadur Malla in New Delhi airport two years ago when he was trying to fly to London along with two other ladies.

Likewise, former assistant minister Ram Chandra Adhikary's diplomatic passport was said to be used to carry contraband goods to third countries.

The former MPs who misused the passport includes Hast Bahadur Malla (Mugu), Ram Chandra Adhikary(Lamjung), Bhakta Bahadur Rokaya (Jumla), Naresh Bahadur Singh, Chakra Bahadur Shahi (Humla), Hem Raj Rai, Deb Shankar Poudel, Hikmat Bahadur Shahi, Deep Jung Shaha, Jyotendra Mohan Chaudhari, Yagya Prasad Acharya and Man Bahadur Bishwokarma.

As the issue of the misuse of diplomatic passport is a very sensitive one related with the nation's prestige, the government has to further investigate this affair and punish the culprits. The sooner it does so, the better.

Kantipur Publications
Singh Resigns

By A CORRESPONDENT

Although he was simply an executive marketing officer at the Kantipur Publication House, the resignation by S.P. Singh carries a meaningful story.

Singh, whose contribution to the newspaper marketing in Nepal is very significant, had joined the publication in 1993 when the government-owned newspaper had their monopoly.

In his about eight-year career with Kantipur Publication, Singh pushed Kantipur as one of the most successful private media business houses in the country.

Before the publication of the Kantipur, the media sector was regarded as unprofitable venture and only a small and medium level investors were in the fray. In a way, it is because of Kantipur Publication's success that from Himal Media group to Space Time Network, all major media houses are now eying the market in the country.

After the successful launching of the Kantipur Publication, many broad-sheet dailies started to publish. Nepal Samacharpatra and the Himalaya Times are among the few which are still coming out.

The daily papers like Everest Herald, Sagarmatha and Lokpatra folded only a few years after their publication.

Although Singh has recently resigned, he has already brought out a dummy copy of Young Herald, a fortnightly for the youths.

"We have accepted marketing advisor Singh's resignation recently," said Hem Raj Gyawali, Chairman of the Publications. However, Singh could not be contacted for his comments.

After the resignation of S.P. Singh, it seems that the publication is now searching for marketing executive like Singh. After July, Kantipur Publication will have journalist Yubaraj Ghimire in their team.

"In a big media house like Kantipur Publication, any one can come and go. It will not make any difference," said Gyawali.

Although Singh has not disclosed his future plan, it is rumored that he will join Himal Media House. Singh, an Indian citizen, came along with Shyam Goenka to start the Kantipur and The Kathmandu Post daily newspapers.