The government has established a five-member judicial commission, chaired by former Supreme Court Justice Rajendra Singh Bhandari, to investigate the assets of individuals holding public office. This commission will be responsible for investigating the assets of principal political officeholders and senior officials in public service from 2048/49 to 2062/63 BS. The commission’s role is investigative only and it cannot impose penalties; any action must be recommended to the Commission for the Investigation of Abuse of Authority (CIAA). If illegal asset acquisition is confirmed, penalties include imprisonment from one to three years and fines.
On 2nd Baisakh in Kathmandu, the government decided to form a judicial commission to scrutinize the wealth of those holding public offices. In a Wednesday cabinet meeting, it was resolved to form a five-member commission headed by former Supreme Court Justice Rajendra Singh Bhandari. Other members include retired judges from the Appellate Court, Purushottam Parajuli and Chandiraj Dhakal, former Nepal Police Deputy Inspector General Ganesh KC, and Chartered Accountant Prakash Lamsal.
Although the government initially planned to create an asset inquiry committee under the Office of the Prime Minister and Council of Ministers, the cabinet chose instead to form a more powerful investigative commission similar to earlier ones. The commission will examine the asset details of those who held public positions during the period from 2048/49 to 2062/63 BS. According to the government’s 100-point action plan, the investigation will proceed in two phases; the first phase covers assets from 2048/49 to 2062/63 BS.
The second phase plans to examine asset declarations from the 2006 People’s Movement (Janandolan II) back to 1991 (2048 BS). The commission holds the authority to collect, analyze documents, records, and information required to make recommendations. Its jurisdiction will be comparable to the commission led by Gauri Bahadur Karki that investigated the suppression and destruction during the NGO movement.
The Prevention of Corruption Act, 2059 BS, prohibits individuals in public office from illegally accumulating assets. Those who acquire assets unlawfully or live beyond their known means can face prosecution. While the law does not apply to individuals outside public office, if their unnatural assets are found and proven alongside other crimes, they can be investigated for money laundering.
If illegal asset acquisition is confirmed, the accused faces imprisonment from one to three years, fines, and compensation payments. Confiscation of illegal assets is also mandated. The commission cannot investigate sitting judges or military personnel but can do so following their retirement, as the CIAA retains that authority.
Rajendra Singh Bhandari began his career as an Administrative Service Section Officer in 1965 (2022 BS) and retired as a Supreme Court justice in 2007 (2064 BS). While the commission formed by the government investigates public officials’ properties, it does not have authority to enforce penalties or conduct prosecutions and must instead refer such matters to proper authorities.
The last time such a commission was formed was on 20 Falgun 2058 BS by the then Deuba government to investigate the assets of those in public service after 1991 (2047 BS). That commission was chaired by sitting judge Bhairav Lamsal and included former Justices Uday Raj Upadhyay and Gyanendra Bahadur Shrestha as members. Based on its report, corruption cases were filed against many ministers and public officials involved during the restoration of democracy.
Rajendra Singh Bhandari joined the administrative service as a section officer in 1965 (2022 BS) and retired from the Supreme Court in 2007 (2064 BS). His judicial career spanned district, regional, special, and appellate courts before reaching the Supreme Court. From 2004 to 2007 (2061 to Magh 2064 BS), he served as a Supreme Court justice. After retirement, he has led five investigative commissions, including one probing the murder of businessman Ramhari Shrestha of Koteshwar during the Maoist peace process.
Other commissions led by Bhandari investigated the killing of Pradip Kumar Khadka by police firing, the murders of athletes Nirmal Pant and Pushkar Dangol, and the shooting incident at the Central Jail. He also headed the commission investigating the assassination of Faizan Ahmad, the General Secretary of the Islamic Federation. A former justice and active member of the Former Justices’ Forum, Bhandari also works as a conciliator and arbitrator at the Supreme Court.
