Smart Telecom Case Deepens Concerns Over Prosecutorial Independence
The Smart Telecom case has intensified concerns over prosecutorial independence in Nepal after the case was filed in court despite objections from government attorneys. Lawyers at the Kathmandu District Government Attorney’s Office reportedly questioned the legal basis and evidentiary strength of the Central Investigation Bureau’s investigation, which names 22 individuals and seeks damages of around Rs 96 billion over the auction of Smart Telecom assets worth about Rs 5 billion. Sources allege that officials from the Prime Minister’s Office pressured attorneys to proceed with the CIB’s findings without substantial changes, despite their authority to independently assess evidence and request further investigation or revise charges. The controversy has also led to changes in officials handling the case and reportedly prompted some government lawyers to seek transfers. Senior Advocate Prof Gandhi Pandit criticised the alleged pressure, saying government attorneys should not be compelled to file cases based solely on an investigating agency’s conclusions. He also questioned the legal basis for pursuing Nepal Investment Mega Bank over its auction of collateral, arguing that existing banking laws protected the lender’s recovery rights. The case has raised broader concerns among legal officials that political or investigative pressure could undermine fair prosecution and expose innocent individuals to unjustified charges. Despite these objections, prosecutors moved ahead and formally registered the case in court.
