9,600 Submit Asset Details to Investigation Commission; Deadline Extended

Kathmandu. In a period of one month, 9,600 people have submitted their asset details to the Asset Investigation Commission. According to the commission, former Chief Justices, former Prime Ministers, former Ministers, former Members of Parliament, government employees in service, and former officials of state-owned corporations have submitted their asset details. Commission Spokesperson Ganesh KC stated that the deadline for submitting asset details has been extended by one month, as many complained that it was difficult to submit within the original deadline of the end of Jestha. KC told Ratopati that more than 500 people submitted their asset details at once last Friday, stating it was the final deadline. According to him, about 200 people are coming daily to submit their asset details. The commission has received over 500 complaints of acquiring illicit assets. Among those against whom complaints have been filed, demands have been made for separate investigations into high-ranking officials, former justices, former administrators, officials appointed by the government to public corporations, former secretaries, and former ministers, citing illicit assets. Complaints regarding the assets of suspicious individuals have been submitted to the commission in person at the office and via email. The commission is preparing to bring approximately 50,000 employees, officials, and those associated with political parties who have received government appointments, former Prime Ministers, Ministers, and former Members of Parliament into the scope of investigation. Former Justices Who Protested Submitted Stealthily The Former Justices Forum had decided not to submit assets to the asset investigation commission formed by the government. They demanded a separate commission, stating that legally, asset details are only to be submitted to the Judicial Council and not other bodies. However, looking at the data of asset details submitted to the commission, more than 400 former justices have submitted their asset details so far. Among those who submitted asset details are former Chief Justices Ram Kumar Prasad Shah, Gopal Parajuli, and Om Prakash Mishra. Similarly, former Chief Justice Prakashman Singh Raut has taken the form to fill out his asset details. After the Asset Investigation Commission sought asset details, the Former Justices Forum called a meeting on Jestha 17. Former Chief Justices Mishra and Parajuli attended the meeting. In that meeting, former Supreme Court justices Top Bahadur Singh, Krishna Jung Rayamajhi, Baidyanath Upadhyay, Professor Pawan Ojha, former High Court justices, and district judges gathered for discussions. That discussion concluded that no former justice would submit asset details. However, at the Asset Investigation Commission, former justices are found in large numbers submitting their asset details. The reasons cited by the Judges Forum for not submitting asset details were based on Articles 101, 142(1)(c), 149(6)(c), 239(1) and (2), and Article 28 of the constitution. Article 101 of the constitution deals with the investigation and action against the Chief Justice and justices of the Supreme Court for impeachment. Article 142(1)(c) outlines the provisions for the vacancy of the post of Chief Justice or Justice. According to this, the Chief Justice can remove them from office upon the recommendation of the Judicial Council based on lack of work efficiency, misconduct, failure to perform duties honestly, malicious actions, or serious violation of the code of conduct. A similar provision exists for district judges under Article 149(6)(c). Likewise, Article 239(1) states that the Commission for the Investigation of Abuse of Authority can investigate or cause to be investigated, in accordance with the law, any person holding a public office who has committed corruption and abused authority. However, it states, 'This subsection shall not apply to officials for whom a separate arrangement is made in this constitution or for whom a special arrangement is made by other laws.' Article 239(2) states that individuals removed from office due to the passing of an impeachment motion, judges removed by the Judicial Council, and those punished under military law can be investigated or caused to be investigated after their removal from office in accordance with federal law. Article 28 pertains to the right to privacy, stating, 'The privacy of any person's life, residence, property, documents, data, correspondence, and character shall be protected except as provided by law.' Despite citing these legal grounds for not submitting asset details, a crowd of former justices has been submitting their asset details at the last moment. The commission is preparing to conduct separate investigations into those who do not submit asset details. A commission member stated that the commission will take the non-submission of asset details seriously and proceed with the process of investigating all details and bringing them under the legal purview. That member also said that the assets of those who do not submit asset details despite the deadline will be investigated from various sources. After preparing the list of those who submitted asset details within the deadline, all those who have not filled out their asset details will be identified, and their assets will be investigated separately. In that situation, the member told Ratopati that those who do not submit asset details will have to be responsible themselves. The commission's investigation indicates that there are 52 retired justices of the Supreme Court or above (up to Chief Justice) in the judiciary. Similarly, there are 48 Chief Justices of High, Appellate, and Regional Courts, and 173 retired justices of High, Appellate, and Regional Courts. The commission has stated that after investigating the assets of officials from the fiscal year 062/63 to Jestha 082, it will issue another notice for investigation from 048 onwards in the second phase. After the formation of the commission, a public notice was published in Gorkhapatra on Baishakh 31, calling on officials falling under the scope of investigation to submit asset details of themselves and their families within one month. Along with filling out the asset detail form, the commission also issued another notice inviting any complaints regarding officials falling under the scope of investigation. The commission is investigating assets for the period from the fiscal year 062/63 to Jestha 082 in the first phase. If someone joined government service in 2058 and is still in service, they will have to submit asset details from 2058, not just from 062/063. Who are the High-Ranking Officials Retired After 2062/063? According to the Pension Management Office under the Office of the Auditor General, the number of retired secretaries of the special category currently receiving pensions is 365. One retired additional secretary, 15 chief secretaries, and 1,771 undersecretaries are receiving pensions. Fifteen individuals who reached the post of constitutional body chief and seven from the Parliament Secretariat, including the Secretary-General and secretaries, are receiving pensions. Under the security agencies, there are 86 retired Senior Superintendents of Police, 48 Deputy Inspectors General of Police, 19 Additional Inspectors General of Police, and eight Inspectors General from the Armed Police Force. Similarly, in the Nepal Police, there are 152 Senior Superintendents of Police, 118 Deputy Inspectors General of Police, 102 Additional Inspectors General of Police, and 15 Inspectors General. 12-Page Asset Detail Form for Those Under Investigation The Asset Investigation Commission has provided a form for those under investigation to submit their details. The 12-page 'Asset Detail Form' requires disclosure of personal details, including assets held abroad. The asset detail form requires filling in personal and family details. Point No. 3 requires details of the remuneration and allowance of family members currently living together, including the number of times elected or appointed by nomination, details of current/retired employees and officials, including political appointments, details of foreign stays and earnings (study/visit/training/mission/participation in assemblies/ceremonies), details of any remittance income received from abroad, and details of amounts received from funds. Similarly, there is a format for filling in details of immovable property such as houses, land, agricultural and livestock, and investments in industries/businesses/partnerships/companies. Movable assets include details of balances in banks and financial institutions and cooperatives, details of shares/debentures/savings certificates/others, details of balances in foreign banks/financial institutions, details of gold/silver/other precious jewelry, details of vehicles and mechanical and electrical equipment, details of loans taken/given/repaid, and details of other assets must also be filled in.