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KATHMANDU, July 24: The Special Court has raised serious concerns over the failure to investigate the then-Tourism Secretary and current Chief of the Commission for the Investigation of Abuse of Authority (CIAA), Prem Kumar Rai, in the controversial wide-body aircraft procurement case. While announcing the verdict in the corruption case against former Minister for Tourism Jeevan Kumar Shahi and others, the court questioned why only selective individuals involved in the procurement process were prosecuted.

“The decision to indict some while sparing others involved in the same decision-making process reflects a selective approach, which violates the principle of equal justice,” reads the full text of the court’s ruling. “Such selective prosecution undermines the rule of law and erodes public confidence in the justice system.”

On April 14, 2016, the Nepal Airlines Corporation (NAC) board, chaired by then-Secretary Rai, decided to purchase two wide-body aircraft. The board invoked Clause 236(1) of the 2008 Financial Regulation, which pertains to the procurement of new aircraft. However, instead of purchasing directly from manufacturers—as required when buying new aircraft—the board adopted a process intended for used aircraft, allowing the purchase of planes that had already flown up to 1,000 hours.

Rai, who now heads the anti-graft body CIAA, was not investigated by his own office despite leading the very decision-making process in question. The court noted that Rai’s role in initiating and endorsing key procurement decisions was overlooked entirely. “The charges target only some officials involved in the same decision, while others were spared without justification,” the court said in its ruling.

Critics argue that the deviation from procurement norms—particularly the failure to buy new aircraft directly from manufacturers—was designed to ensure kickbacks, since direct deals with manufacturers don’t involve middlemen commissions. The board’s policy shift allowed procurement of nearly-new planes, paving the way for commissions and irregularities.

Although both the Employees Provident Fund and the Citizen Investment Trust provided loans for the purchase, which they were not legally allowed to do for second-hand aircraft, neither the CIAA nor the court addressed this violation. Notably, the Provident Fund approved the loan when Rai was chair of its board.

The court further observed that while the procurement violated legal procedures, the total payment was not even considered financial loss. “There is contradiction in charging some officials with illegal procurement while ignoring the reduction in maximum take-off weight (MTOW), cost inflation, and other irregularities,” it remarked.

Ultimately, the court termed the entire probe into the wide-body purchase as a case of selective prosecution, warning that such actions damage public trust in justice.

People’s News Monitoring Service