Wednesday, September 13, 2006

JICP report to stay under wraps: SC

The Supreme Court on tuesday declined to direct the government to make public the report of the Judicial Investigation Commission on Property (JICP) that was prepared four years ago, saying it would create a law and order problem in the country.

A division bench comprising Chief Justice Dilip Kumar Paudel and Justice Khil Raj Regmi, while issuing the verdict in response to a public interest litigation filed by advocate Tikadhoj Khadka three years ago, observed that the right to information guaranteed by Article 16 of the 1990 Constitution could not be activated on this issue.

The bench held that the Probe Commission Act 2026 BS did not allow making public the report. The bench also pointed out the precedent set by the SC by declining to make public the property details in the Girija Prasad Koirala vs CIAA case.

The advocate had demanded the Supreme Court’s mandamus order to the government seeking public access to the report. Immediately after receiving the report, the government had handed it over to the Commission for the Investigation of Abuse of Authority for its implementation.The petitioner had pointed out the urgent need to publicise the report, as those found guilty should face action.

“Since it is an issue of public concern, the government should make public the property details,” the petitioner had claimed. The Office of the Prime Minister and Cabinet, Ministry of Law, Justice and Parliamentary Affairs and the JICP were defendants in the case.

The petitioner had claimed that those holding public posts should make public their property details and that they could not hide their property details, as they were answerable to the taxpayers.

Former Supreme Court Justice Bhairav Prasad Lamsal, who headed the JICP, had submitted the report to the government investigating the property details of about 5,000 politicians and public officials.

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