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KATHMANDU: The Special Court today convicted three former inspectors general of police and sentenced them to two-year jail term for their role in purchasing sub-standard Armoured Personnel Carriers for the peacekeeping mission of Nepal Police in Darfur, Sudan.
The bench also slapped two-year jail sentence on London-based supplier Assured Risk Limited and one-year jail sentence on its local agent Shambhu Bharati but acquitted the remaining police officers charge-sheeted by the Commission for the Investigation of Abuse of Authority.
A three-member bench of judges Gauri Bahadur Karki, Om Prakash Mishra and Kedar Prasad Chalise convicted former IGPs Ramesh Chand Thakuri, Om Bikram Rana and Hem Bahadur Gurung for misusing their power while purchasing the APCs and their spare parts. They got one-year jail term each as per Section 8(1) of the Corruption Prevention Act, 2002, and an additional one year sentence as per Section 24 of the same Act.
The Special Court also slapped Rs 170 million fine on Rana, Rs 64 million on Gurung and Rs 48 million on Thakuri for their role in purchasing substandard APCs going against the existing legal norms despite holding important posts in the police force. The court also imposed a fine of Rs 284 million on Michael Rider of Assured Risk Limited and sought an additional Rs 284 million from him as compensation. Bharti was imposed a fine of Rs 142 million and Rs 142 million compensation was sought from him. On June 7, anti-graft constitutional body filed a case against 34 incumbent and retired police officials and three suppliers — Michael Rider, Assured Risk Limited and Bharati — in the Rs 288-million scam.
Court registrar Dhir Bahadur Chand, however, said the convicts can move the Supreme Court within 35 days.
Meanwhile, suspended officers who attended the court and were acquitted were a relieved lot. Suspended SP Gupta Bahadur Shrestha said, "Justice has finally been done." "We are proud of our judiciary," said Narendra Kumar Khaling, former SSP. Convicted former IGP Gurung, said, "I'll decide whether to move SC or not after analysing the judgment."
Who did what?
• Former IGP Rana embezzled Rs 170 million by approving the quotation and purchased APCs and spare parts without confirming the quality of goods while signing the deal on September 27, 2007. He approved additional expenses of Rs 53.6 million without justification on June 15, 2007, and August 23, 2007, besides expenses of Rs 137 million and $ 7,25,000 for the purchase of APCs and spare parts.
• Former IGP Gurung embezzled Rs 64 million by releasing fourth and fifth instalments to the Assured Risk Limited after the retirement of his predecessor IGP Rana. Despite doctrine of individual autonomy and capacity to seek alternatives he did not seek a valid one. He released two instalments amounting to $ 900,000 on October 26, 2008, and February 27, 2009, despite his juniors' report that the goods were sub-standard.
• Former IGP Thakuri embezzled Rs 48 million by releasing instalments for the purchase of APCs and the spare parts without making any effort to find out their quality, despite getting a negative report by his juniors
