12 August, Kathmandu: The Supreme Court has ordered the Commission for Investigation of Abuse of Authority (CIAA) to release suspended Director General of Inland Revenue Department on general date.
A full bench comprising Justices Dipakraj Joshi, Dipak Kumar Karki, Kedar Prasad Chalise, Sharada Prasad Ghimire and Anil Kumar Sinha issued the order after long hearing on Friday.
The order has stated, “The order on habeas corpus is issued citing that the law and the bases argued were not convincing to keep Sharma in detention any more. So, the police office needs to be written for the release of Sharma.”
The order on habeas corpus further said the bail amount claimed by the CIAA from Sharma was too much to conform to the spirit and intention of the CIAA’s Act.
With this, Sharma’s case would be dealt by the Special Court. It would finalize whether it was in the jurisdiction of the CIAA’s investigation on exemption of tax.
Accused Sharma’s spouse Kalpana Uprety on July 11 had filed a petition at Supreme Court, demanding Sharma’s release, stating that his detention was illegal.
Earlier, the Special Court had ordered for Sharma’s custody for further investigation. The Supreme Court later ordered for his judicial custody while he was in detention.
The division bench of Justice Cholendra Shumsher JBR and Prakash Raut on June 18 had ruled to send Sharma’s case to full bench keeping the case of Special Court as it is.
The suspended DG of the Inland Revenue Department is charged of assisting in exemption of tax worth Rs 21 billion for Ncell while he was the Member-Secretary of Tax Settlement Commission. RSS