"Study on Counter Corruption Legal Framework of Nepal"
Problem of Corruption in Nepal:
Good governance is a fundamental basis for practical implementation of rule of law and competent justice system, and to safeguard the basic human rights. No practical realization of these concepts can be achieved without a convivial circumstance for the good governance is established. The transparency of and accountability to actions provide a convivial circumstance for legitimacy of governance, which in turn guarantees the realization of the concepts of rule of law and competent justice. The illegal use of public office for private gains, which is defined as a crime of corruption, destroys the circumstance of transparency and accountability, and eventually the legitimacy of the governance.
In Nepal, the corruption is a serious problem affecting whole sphere of governance system in Nepal. While the corruption in the form of distortion of the government expenditures, pillaging of the State assets and bribery is widespread in the higher level of public offices, the "Grand Corruption in Politics" such as sale of party tickets, office posts and public contracts have been on the rise. As politics has become the most remunerative career, many qualified persons have left their technical and professional posts to join the politics. There is a "Petty Corruption" among the poor people who are inclined to sell their votes for money, jobs and undue favors. In all circumstances public offices or posts are illegally used and traded for private gains and long-term public interests are sacrificed. The petty corruption is also pervasive in government offices like revenue, income tax and custom departments, law enforcement agencies, public utility services, etc. Even within the same offices, bribes are reported to be taken by supervisors (senior level of officers) from subordinates for favors (1).
State of Corruption in Parliament: The media has often condemned the Members of Parliament for misappropriation of the benefits awarded to them by the law. Contrary to the provisions of the statute concerning salaries, allowance and other benefits of the House of Representatives that the members are entitled only to salary, allowances and benefits as specified in the Act, the members of House of Representatives, in the past, had drawn undue privilege of importing expensive vehicles free of custom duty.
Thus, a huge amount of foreign currency was used for illegal gains for importing the cars and sale in disguise to merchants with naked dishonesty to the post and obligations thereof. The scam of "car privilege" denounced as "Pajero Culture" (2) not only encouraged the excess pillaging of the State's property, but also created a serious setback to the confidence of people over their representatives, and ultimately to emerging democracy. In addition, the 36th report of the Auditor General of the Kingdom of Nepal has unveiled a series of embezzlements of the state funds by the ministers and the parliament members. A few instances are as follows:
* 3 officials and 74 members of Parliament received an aggregated amount of Rs. 7, 78,000,00 for medical treatment that is not permitted by the law.
* The secretariat of Parliament has a doctor of its own. The secretariat has provision of providing the medicines upon the prescription of its doctor. However, one of the members has been paid an amount of Rs. 15,800.00 in contrary to that law.
* 11 members have received an aggregate amount of Rs. 1, 13,000.00 medical expenditure without any check-up or recommendation of secretariat's doctor.
* An amount of Rs.16, 18,000.00, received by members of last parliament, for salary of the their assistants has not been accounted. The receipts of the salary are not submitted to the Parliament. There are no supporting documents to show that the amount was used to pay salary of the assistants.
* The air tickets used while travelling Delhi by 7 members for the purpose of observing the parliamentary election of India have not been submitted to the secretariat. Moreover, there are no documents to show that the amount was used to travel by air.
These are only few instances mentioned here to give reflection on dimension of embezzlement at the office, which has the responsibility of making laws and over-sighting the implementation thereof.
State of Corruption in the Office of Prime Minister (3): Even the Prime Minister's office is not an exception to embezzlement of the government fund.
* As revealed by the report of the Auditor General of the Kingdom of Nepal, the secretary and joint secretary of the Prime Minister's office draw, in contravention to the law, monthly additional amount of Rs.5000 and Rs 2000 respectively. The Auditor General's report states that the total amount of Rs. 60,000 thus taken by the secretary and joint secretary, is against the prevailing financial law (4).
* A secretary of the Prime Minister's office has illegally received an amount of Rs. 80,000 for medical treatment in India. Pursuant to prevailing law on this matter, one has to get the need of treatment abroad confirmed by a medical board constituted by the HMG, and approved by the committee, constituted for this purpose, headed by the Secretary of Ministry of the General Administration. The stated facility is however neither recommended by the Medical Board nor sanctioned by the said Committee.
* One of the several Prime Ministers in the past has misappropriated a state fund of Rs 38, 96,000.00 for paying the helicopter's fair while visiting to inaugurate Regional Administration Office, Drinking Water Project, Centenary of the School and General Convention of his political party. The prevailing law, however, does not permit the prime minister to use state's fund to pay helicopter's fair to attend party convention and inaugurate events that are not of national importance.
* Similarly, the ministers have embezzled the state treasury of Rs. 29,000 for the purpose of participating in the party convention. The personal secretary of the minister too is benefited out of State's fund to attend the party convention.
These are just a few instances as to how the State fund is embezzled by the Prime Ministers, ministers and their workers.
State of Corruption in Judiciary: Judiciary has been under constant attack of the media for miscarriage of justice due to corruption. The volume of pillaging of the state assets and distortion of expenditure is seemingly smaller compared to other branches of the State. As revealed by the 36th annual report of the Auditor General, the following incidents of embezzlement are found in the judiciary:
* The judges from Supreme Court, Appellate Courts and Districts Courts have received the amount of Rs. 3, 92, 000.00, Rs. 8, 84,000.00 and Rs. 5, 0 4000,00 respectively for salary of personnel attendant ( Ardali). However, the decision of the Cabinet, which enabled the judges to hire an personal attendant for their domestic disposal, is not published in the Nepal Gazette. Whether a judge can personally receive the salary on behalf of his/her attendant is a question seriously debated issue.
* As per the law, any judge privileged to reside in the state residence would be unable to receive house rent and the repair cost thereof. Against this provision, an Appellate Court and a District Court have misused an amount of Rs. 19,000.00 and Rs. 3, 430.00 respectively. Another District Court has misappropriated an amount of Rs. 41,160.00 as a rent while residing in state residence.
* Three former Chief Justices and a former Registrar have not returned vehicles they received for their use while in the active service.
Extortion of money during the process of administration of justice is something the judiciary is seriously alleged with. Owing to continuous coverage of the media of miscarriage of justice due to corruption, the judiciary has virtually come into the helm of distrust and lack of confidence people. The miscarriage of justice because of corruption cannot be denied (5). That the insidious hand of corruption has permeated the rank and file of the judiciary is borne out also by the fact that corruption was high on the agenda of the seventh conference of the Nepal Bar Association held in Janakpur. The declaration issued at the end of the conference took note of the "maligning" of "the sacred temple of justice" by the activities of "a few judges and few professionals" and recommended that the judicial council act and the law professionals act be implemented effectively
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