Warning to open file, dishonesty to constitutional body

Deuba and Dahal cannot oppose it now, but even if they remain silent on the matter, it is a harmful arrangement for good governance. There should be arrangements for the responsible body to perform independently, if the power is concentrated in the prime minister, then there will be a situation where those in power will abuse it and go to the opposition.

माघ ३०, २०८१

सम्पादकीय

Warning to open file, dishonesty to constitutional body

Leaders who are out of office have started to have the same language - 'We were about to open a file, that's why we were fired.'

The speech of 'opening the file' also excites some groups of our society, who are frustrated with the growing unrest in the government. However, the reality is that opening, investigating and punishing corruption files is not done by any leader or government.

There are established methods and bodies for this, which should not have any pressure or influence from the government. However, if someone says that 'I will open the file, I will fix everything', it is the bargain of the power, or the mentality of the constitutional body is nothing. Such threats, expressed by whatever mentality and motive, should be discouraged under the rule of law. The established policies, methods and institutions to prevent corruption should be strengthened. This chain of misleading the society and devaluing the law should be stopped.

The state has more than a dozen agencies that are responsible for regulating, controlling, investigating, filing lawsuits, making judgments, and executing those who act against the constitution and laws. For example, there is a Commission for Investigation of Abuse of Authority to investigate corruption and file cases. There is a National Vigilance Center and a Public Procurement Monitoring Office to monitor the status/irregularity of public procurement.

There is a revenue investigation department to investigate and file cases related to revenue leakage and fraud. Similarly, Nepal Rastra Bank regulates the banking sector. The Social Welfare Council monitors NGOs. The Money Laundering Investigation Department investigates any form of illegal earnings and contributions that contribute to money laundering, financial investment in terrorist activities and proliferation of other weapons of destruction.

These and other agencies conduct investigations through complaints or information received based on their analysis/monitoring/regulation. The court will do a judicial review of it. The guilty get the punishment. The innocent are acquitted. This is the legal way to open or close a file.

Any investigative agency should fulfill its responsibility based on legal arrangements, not under the influence of the minister or prime minister. But the ex-prime minister and minister repeated that they were opening the file, it is understood that they did not want the investigating agency under their fingers, misused it, used it for revenge and now someone else has done that work. Whatever they are saying in the speech, if they did it, it is illegal. From that, it is clear that they have created pressure on the work of the concerned agency or influenced the defined work. It is understood that they made weapons of interference and request/prejudice without allowing the concerned agencies to do the work prescribed by the law.

In order to strive for good governance and the establishment of a legal state, the government officials should allow the established relevant agencies to work within the prescribed jurisdiction. They should be empowered and empowered. Manpower and technical management should be done. Being neutral on the subject being investigated can lead to smooth and effective investigation. When the leader is active in the investigation, the facts are overshadowed. 

It seems that our leaders intend to make the political leadership unnecessarily powerful. After KP Sharma Oli became the Prime Minister in 2074, he brought agencies like National Investigation Department, Money Laundering Investigation Department, and Revenue Investigation Department directly under the Prime Minister to concentrate more power on himself.

This step of Oli was opposed by his then ally Pushpa Kamal Dahal and opposition leader Sher Bahadur Deuba. However, Deuba and Dahal, who became the Prime Minister, considered it their right to keep these bodies under the Prime Minister. Therefore, even when Oli is the Prime Minister, these bodies with sensitive responsibilities are directly under the Prime Minister.

Deuba and Dahal cannot oppose it now, but even if they remain silent on this issue, it is a harmful arrangement for good governance. There should be arrangements for the responsible body to perform independently, if the power is concentrated in the prime minister, then there is a situation where those in power will abuse it and go to the opposition. Such a practice is unacceptable under the rule of law, so Parliament should also debate this issue.

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