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Special Court’s Ruling
By KTM Metro Reporter in Kathmandu
On Wednesday, January 02, 2008, the Special Court postponed its ruling on the case filed by the Commission on Investigation into Abuse of Authority (CIAA) against the suspended-Governor Bijaya Nath Bhattarai and Executive Director Surendra Man Pradhan saying that one of justices, Cholendra Shumsher JBR was on leave.
On Friday, December 28, 2007, Members of the Special Court, Komal Nath Sharma and Cholendra Shumsher JBR ordered Nepal Rastra Bank to ask the KPMG Company to furnish the Special Court with the authenticity of the letter the Company wrote to the Bank on June 18, 2007, through the digital media within three days. The Nepal Rastra Bank took the stand that the CIAA should furnish the Special Court with the authenticity of the letter, as it obtained the letter from the KPMG and used it for filing the case against the governor. In the letter of June 18, 2007, the Sri Lanka-based firm called KPMG stated that it had not authorized its officials S.V. Bhardhoj and A.N Fernando to sign an agreement with the Nepal Rastra Bank - central bank of Nepal on February 6, 2006.
The judges of the Special Court are divided on the need for establishing the authenticity of the letter. Chairman Bhup Dhoj Adhikari is of the opinion that there is no need to verify the letter for making decision on the case while two members of the court - Komal Nath Sharma and Cholendra SJB Rana - say that the authenticity of the document is required before handing down the verdict.
In January 2007, the Special Court had acquitted Nepali Congress leaders Govinda Raj Joshi and Khum Bahadur Khadka, and the leader of the Rastriya Prajatantra Party, Rabindra Nath Sharma of the corruption charges based on the technicalities of the cases filed by the CIAA. Allegedly it was done after the then-chief Justice of the Supreme Court of Nepal met these guys. It was just before the promulgation of the Interim Legislature.
