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‘Joshi’s arrest overt encroachment of SC’
KATHMANDU, OCT 21 - Senior Advocate Ganesh Raj Sharma has alleged that the Commission for the Investigation of Abuse of Authority (CIAA) "encroached upon the Supreme Court overtly" by detaining Nepali Congress leader Govind Raj Joshi at a time when his case was already sub judice at the Supreme Court.
Stating that the CIAA detained Joshi at a time when the question of whether legal actions should be taken against him on the basis of the unpublicised report of the judicial probe committee on property was under the SC’s consideration, Sharma added, "It is an overt encroachment of the court."
Sharma was pleading before the single bench of Justice Khila Raj Regmi today on the habeas corpus petition filed by Joshi following his arrest on charge of corruption on October 13 by the CIAA. Joshi is now under a 20-day detention and his case is in the Special Court. Another of Joshi’s petition, filed at the apex court following an issuance of the CIAA summon to him to appear before it for interrogations four months ago, is also under consideration of the court. In this petition, he had claimed that the warrant against him was illegal and demanded report of the judicial probe committee on property be made public before taking any action against him.
The SC on May 29 had issued an order to the constitutional anti-graft body to furnish affidavits concerning the warrant against Joshi within 15 days. However, the latter did not forward the sought document ~ ~ but merely a casual and belated reply.
"Instead of forwarding the requisitioned affidavits, the CIAA arrested Joshi, disobeying the order," Sharma said, "If officials are involved in this type of conspiracy, then what is the meaning of the Constitution?"
He complained of being deprived of court hearing on the plea at the court concerning whether the actions should be taken against anyone on the basis of a confidential report, meaning the unpublicised report of the judicial probe committee on property or not.
"As the move of the CIAA does not abide by the law, Joshi should be released immediately," Sharma pleaded before the sitting Justice.
Another advocate, Yagya Murti Banjade, pleading on behalf of Joshi, alleged the CIAA of ignoring the order of the Supreme Court, and maintained that the CIAA did not have authority to detain Joshi, as the case was under sub judice of the Court. He alleged that the action of the CIAA was guided by "ill intention", and he labelled the move as "illegal". Advocate Upendra Keshari Neupane pleaded that Joshi’s detention was carried out as per the directive of the CIAA investigation officer. He said that the CIAA itself should have sought the detention from the Special Court.
After the hearing of the advocates, Justice Khila Raj Regmi handed an order to the CIAA to furnish a reply within three days over the petitioners’ allegation of Joshi’s illegal detention. The Justice also ordered the CIAA to forward the "original affidavits" of Joshi’s case within three days.Posted on: 2003-10-20 11:15
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