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The sub-committee formed by the Public Order and Good Governance Committee to seek consensus on the bill to amend the Prevention of Corruption Act 2059 has also reached consensus on the provision that the Abuse of Authority Investigation Commission should not enter the private sector.
The National Assembly, in the Prevention of Corruption Act, authorizes the Authority to obtain grants from banks, financial institutions, insurance companies, medical colleges and affiliated hospitals, other colleges or colleges, public limited companies providing public services, or the government of Nepal, the state government, or the local level. A legal provision was made that the authority can investigate projects, bodies or projects run by national or international organizations. The State System Committee of the House of Representatives has removed it.
The authority demanded that the private sector come under its jurisdiction. The authority, in writing and by attending the committee, had taken the position that the private sector should also be brought under its purview. But the State Administration Committee has removed the private sector from the investigation scope of the authority. Hridayram Thani, the coordinator of the sub-committee and Congress MP Hridayram Thani, informed that in the scope of the authority's investigation, 'if any organization conducts a program or project after receiving a grant from the Nepal government, state government or local level, such organization will be considered as such organization to the extent of the activities related to such program or project'.
Law Secretary of the Prime Minister and Cabinet Office Phaninder Gautam, Secretary of the Ministry of Law, Justice and Parliamentary Affairs Udayraj Sapkota, Secretary of the Abuse of Authority Investigation Commission Ghanshyam Upadhyay, former Law Minister and legal expert in the discussion on the Anti-Corruption Act and the Commission for Investigation of Abuse of Authority (Third Amendment) Bill pending in the sub-committee Madhav Prasad Poudel and others have been participating. The Act has also added a provision that procurement of machines, devices and equipment without approving the
procurement plan is considered corruption. The act also mentions that if the tender is called without ensuring the source, the corruption case should be investigated. Canceling the procurement process or re-inviting bids, except in accordance with the existing law, has been made a legal provision that will come under the scope of corruption from now on. The report of the bill passed by the sub-committee will be submitted in the meeting of the State Affairs Committee on January 3. If this meeting also passes this arrangement, the report prepared by the committee regarding the bill will be submitted to the House of Representatives.
Meanwhile, the authority will have access to the structure or system of a private person's computer or other electronic device without the permission of the court. The sub-committee has agreed that if a government official is suspected to be involved in corruption, he can 'intercept' the telephone of such person with the permission of the court and that the computer or other electronic devices can be accessed without the permission of the court. If the report prepared by the
sub-committee is passed by the committee and approved by the House of Representatives and the National Assembly, with the permission of the court, the "Investigating Officer" can obtain (intercept) the details of the telephone or media of the person suspected of corruption. A new provision has been added to the Prevention of Corruption Act, which can adopt special investigation methods and innovative technologies. In this report passed by the
sub-committee, a provision has been added to the provision that 'Investigating officers may use the following special investigation methods and innovative technologies while investigating offenses in accordance with this Act'. In which it is mentioned that controlled investigation method, covert investigation action can be taken. A new legal arrangement is to be made to allow 'obtaining details of telephone or communication media with the permission of the court' and 'access to the structure or system of computers or other electronic devices'.
Experts have said that obtaining permission from the court to obtain (interception) details of telephone or communication media will remain confidential. It is going to be arranged that the court and the authority will keep secret the fact that the government official has obtained permission from the court to listen to his phone and access his details. There is no provision to obtain permission from the court for a government official to access the computer or other electronic device structure or system of a suspect. According to the advice given by the government officials and legal experts present during the
discussion, a legal arrangement for interception and access to the structure or system of computers or electronic devices has been proposed, said Subcommittee Coordinator Thani. Thani said that since there are such provisions in other laws including asset laundering, it should be kept in this law as well.
Paudel, a legal expert who is also a former minister, said that since the corruption business is not in Nepal but abroad and the evidence is in the computer, the investigation officer is about to make a legal arrangement to give access to it.
