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 Gajjab Chha
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Posted on 11-16-06 12:39 PM     Reply [Subscribe]
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Govinda Raj Joshi acquitted on technicality



Kantipur Report


KATHMANDU, Nov 16 - The Special Court on Thursday gave a clean chit to former minister and Nepali Congress leader Govinda Raj Joshi, who had been charged with corruption.
The Commission for Investigation of the Abuse of Authority (CIAA) had filed a graft case against Joshi accusing him of amassing property worth over Rs 39.3 million through illegal means.

SC members Bhupadhwaj Adhikari, Komal Nath Sharma and Cholendra Shumsher Rana in their ruling said that the case filed against Joshi did not even draw the attention of the court to enter the "facts" to make a verdict.

The clean chit issued by the SC stated: CIAA filed the case against Joshi as per the Prevention of Corruption Act 2059, following the dissolution of the House of Representatives, which does not have a "specified time limit" provision. According to the Prevention of Corruption Act 2048, a case must be filed within one year of the initiation of action. The petition was quashed since Joshi's case did not fall within the timeframe stipulated by the Act, and at the time when Prevention of Corruption Control Act 2059 was in effect, Joshi was not holding any government post, hence, he was acquitted of all the charges filed against him, even without entering the "facts".

The CIAA had filed a case against Joshi seeking a 13-year imprisonment, seizure of all illegal property and a penalty equal to the property he had amassed.
 


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