KATHMANDU: The Supreme Court has ruled that the Commission for Investigation of Abuse of Authority (CIAA) cannot conduct a sting operation.
The Supreme Court has ordered that the court cannot accept the evidence collected from the sting operation by the Commission to arrest the bribe taker.
The order was issued by a Constitutional Bench comprising Chief Justice Cholendra Shamsher JBR, Justices Deep Kumar Karki, Mira Khadka, Hari Krishna Karki and Ishwar Prasad Khatiwada while hearing the case filed by advocate Bishnu Prasad Ghimire seeking annulment of the law.
Earlier, the Commission had been conducting sting operation by using it’s own money. The Supreme Court also states that the investigation officer has been encouraged to be arbitrary while conducting the investigation by paying the money himself and that the Rule 30 of the CIAA Rule is in conflict with the Constitution of Nepal. Rule 30 states that the investigating officer can give money to arrest a person who gives bribe.
The rule provided, “The Commission may, in connection with the investigation of a complaint lodged with the Commission alleging that a person holding a public office may solicit a bribe for the payment of a bribe. Money can be made available to individuals through bribery. (2) No action or punishment shall be taken against the employee or person providing bribe as per sub-rule (1).
With the order of the Supreme Court, the provision in Rule 30 of the Commission for Investigation of Abuse of Authority Rules 2059 BS has become invalid from today.