Is it the rule of law or a stunt that files are opened and closed when someone says it?

According to administrative expert Umesh Mainali, the statement that political party leaders are going to open corruption files is nothing but a 'stunt'.

माघ २८, २०८१

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Is it the rule of law or a stunt that files are opened and closed when someone says it?

Since coming out of power, the leaders of Maoist and RSVP have created a 'myth' - when corruption files started to be opened, Congress and UML together brought down the government. While the Congress and UML are advancing the constitution amendment agenda to justify the rare power equation of the two big parties, the opposition Maoists and the small parties including the RSVP are accusing the two parties of forming a power alliance after the investigation of corruption began to focus on them.

Maoist Chairman Pushpa Kamal Dahal, who is also the leader of the main opposition party, strongly raised the issue of corruption in the first address of the winter session last Thursday. About a dozen corruption and irregularity scandals and questioned - Where did the investigation go?

'Today I ask the government, where did the investigation of government land embezzlement scandals go? Where did the action on the corruption of orphan children's land (Baal Mandir)? I will answer . Matched . Refined . saved . I ask, what happened to the fake audit scandal in Spinning Mill's IPO? I give the answer - the securities were arranged in the board. What happened to the inquiry into the misuse of billions of loans of the then Century Bank ? Samsum Pario,'' Dahal went further and said, 'What happened to Bechan Jha's statement in the fake Bhutanese refugee scandal? The entire fake refugee scandal is now confined to Bechan Jham. What happened to the land scandal of the bamboo leather shoe factory ? He also raised the issue of investigation of Giribandhu, Omni and Sheradarbar of Nuwakot which was exposed recently.

On June 28th, the same day as he left the government, Raswap President Ravi Lamichhane said in the parliament, "When the needle of the investigation reached to knock on someone's door, then you (Congress and UML leaders) remembered the constitution . The government was brought down within 24 hours of opening the file.'

When the Prime Minister and the Home Minister said they would open the file while they were in government, and the leaders of the opposition parties were asking questions about whether the file had been opened, recently there have been issues both in Parliament and on the streets. The opposition parties are questioning the government regarding the issue of corruption scandal in the Parliament session which started from January 18. However, experts in the administrative sector commented that the leaders mocked the rule of law by making cheap propaganda about opening the file and not opening it.

According to them, this issue is nothing but a political 'stunt' and cheap propaganda. Suryanath Upadhyay, the former chief commissioner of the Commission for Investigation of Abuse of Authority, says that when such issues are raised to put psychological pressure on the opposition while in the government, it is ultimately making a mockery of the rule of law. He says that the rule of law is mocked by the political culture of raising questions on others by sitting on the foundation of corruption.

'A file should not be opened or not opened by one person.  Where does the prime minister or the home minister open when he says to open, and when does he not open when he says to not open? After the authority completes its procedures and procedures, if it has to be opened, it will be opened, if it is not to be opened, it will not be opened,' says Upadhyay, 'now who is deeply immersed in corruption, does anyone believe that he was the one who started opening the file ? It's a cheap stunt to make yourself look good and blame others. This is not the language of method and process.'

After the Maoist chairman Dahal started making the issue of corruption scandal's 'file' a political issue, Prime Minister KP Oli has expressed strong comments on this political issue presented at the recently concluded party central committee meeting.

He said that the opening of the file is flawed. There are constitutional bodies such as the Abuse of Authority Investigation Commission and agencies such as the Nepal Police, the Asset Laundering Department, the Central Investigation Bureau and the Vigilance Center to investigate corruption cases. There are public prosecutor's offices for prosecution. There are judicial bodies including special courts for delivering justice. In a democracy, the job of the government and ruling parties is not to open or close corruption files as they see fit,  "Good governance is to be promoted," Oli said in a political document, "in case of abuse of authority or irregularities, it is to assist in investigation, investigation and prosecution and justice." It is to equip such bodies with resources and help them to carry out their work independently. That's why the statement that they are going to open the files of big corruption is mischievous.''

Since Maoist Chairman Dahal started making this issue more and more an issue, Congress General Minister Gagan Thapale put forward a proposal in the state order and good governance committee meeting on 18th of January saying that we should sit together and open them. In the meeting attended by Dahal, Thapa said that the propaganda that "we opened your file after leaving the government and the government changed overnight because you were going to open the file after you joined the government" is wrong.

'Let's openly discuss which files to open, the issue of opening files has become a weapon to be used to accuse corruption,' he said. Didn't . However, in the party meeting, he was of the opinion that the government was lost when the government started opening the corruption file.

'File' is a symbolic thing . The file doesn't get stuck . The file will be created after the case is raised. The president also got hurt while working in the field of good governance. It will attract its people. We didn't mind . After the arrest of Bechan Jha, the Congress and UMLs were shocked. It has been said that Congress and UML had to form an alliance overnight,' said Maoist leader Devendra Paudel.

According to Umesh Mainali, another administrative expert who has also been the Home Secretary, political party leaders say that expressing that they are going to open corruption files is nothing but a 'stunt'.

'It is not the prime minister and home minister who opened the file . Investigating bodies open any case after it has been established . Who gave them the right to say I open the file, I close it ? "According to the law, the one who conducts the investigation will open it after completing the necessary process," he said, "There can't be a case of opening a file in revenge like in the communist regime and the military regime." Are files being made in the Ministry of Home Affairs? What you are saying is ridiculous . The file will be opened by the investigating officer. That too after the case is established . It is wrong to do such a thing to attract public opinion through political panic, propaganda and noise.' 

Why is the prime minister so powerful?

Administrative experts believe that such expressions come from the prime minister and home minister because the important and powerful bodies of the state are subordinate to them. 8 years ago, Prime Minister Oli did the work of making the office of the Prime Minister and Council of Ministers more powerful in the administration of the state.

By amending the work division regulations of the government, agencies such as asset laundering, revenue investigation department, attorney general's office, and national investigation department were brought under the prime minister . As now, Oli, who led nearly two-thirds of the party, brought the agencies under the Ministry of Home Affairs, Finance, and Social Welfare under the Prime Minister .

by bringing all the powerful state bodies under the Prime Minister  The Congress and Maoists, who have been accused of becoming 'autocratic', will make those bodies autonomous even while leading the government. Or did not try to keep it under the relevant ministry . Instead, it seems that following Oli's path, all the Prime Ministers who have been made after that want to exercise power .

According to finance officials, the Revenue Research Department has been complaining that it is not being able to work according to the purpose of the department while working separately from the Ministry of Finance. It has been accused that the Prime Minister is not ready sometimes when the Finance Minister tries to put the Revenue Research Department under the Finance .

Other powerful agencies under the Prime Minister include the Planning Commission, National Development Council, Statistics Department, National Vigilance Center, Secretariat of the Constitutional Council, Poverty Alleviation Fund, Social Welfare Council and others. Which was brought under the office of the Prime Minister and Council of Ministers after 78 years.

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