CIAA crossed curb: SC

Kathmandu, 12 Jan, 2016:  Supreme Court (SC) of Nepal has ruled Commission for Investigation of Abuse of Authority (CIAA) and Department of Revenue Investigation (DRI) not to cross its constitutional curb of jurisdiction.

Taking a hearing of a writ filed by senior advocate Shambhu Thapa against the investigation made by CIAA and (DRI), The SC has also phrased their conduct as illegal.

Shambhu Thapa

Lokman Singh Karki

SC also has ruled CIAA to investigate within the limitation of jurisdiction.

CIAA had filed a case against senior advocate Thapa accusing him of evading the taxes at the Special Court.  In response, Thapa had also registered the writ petition of certiorari and mandamus September 6, 2013.  During the raid conducted by CIA A and  the Department had taken most the documents related to clients and other articles from the law firm, Legal Advisers’ Forum.

In the writ petition Thapa had argued that the action conducted by CIAA was  a violation of constitutional right to privacy.

‘This verdict has guaranteed the privilege of lawyers and secrecy of the professional procedurals’ Nahakul Subedi, spokesperson for the  Supreme Court said.

The SC also has raised the question why the raid was conducted without any appropriate investigations.  Most of the lawyers have made their response on the verdict that this precedent has established a mile stone for right to privacy and dignity of the legal practitioners.

Senior Advocate Shambhu Thapa has also said to this online on phone that this case was not only because of accusing him of evading taxes but also for the protection of clients interest and privacy right.

He added that there was no complaints by the government about his tax clearance, I have paid all of the revenues.

Finally the SC has also made it clear that CIAA has not adequate investigation on it that’s why the writ is issued affirmatively with the verdict for ruling CIAA to stay within the limitation of jurisdiction and not to cross it.

The case was widely discussed as the issue of ego between Thapa and Lok Man Singh Karki, Chief Commissioner of CIAA.