Several accused in the controversial wide-body aircraft procurement case have raised concerns about selective prosecution by the Commission for the Investigation of Abuse of Authority (CIAA), particularly questioning why no charges were filed against Yubaraj Adhikari, despite his involvement in the decision-making process.
Adhikari, who has been the executive chairperson of Nepal Airlines Corporation (NAC) for the past three years, was part of the financial department when the corporation initiated the purchase of two wide-body aircraft eight years ago. Despite evidence suggesting his involvement, the CIAA did not prosecute him, raising questions about the impartiality of the investigation.
During their statements to the Special Court, the accused claimed that evidence was manipulated to favor Adhikari, allowing him to avoid prosecution. They argued that the CIAA created evidence favorable to Adhikari while prosecuting others for the same decisions.
Shankar Adhikari, former chairperson of the NAC and Secretary of the Ministry of Tourism, along with other former employees, questioned Yubaraj Adhikari’s role in the procurement process. They pointed out that Adhikari, who was the head of NAC’s finance department at the time, played a key role in negotiating the purchase agreement and managing financial documentation, yet he was not charged.
According to the court documents, Adhikari was part of a negotiation subcommittee that, in January 2017, agreed to purchase aircraft with a maximum takeoff weight (MTOW) of 230 tons instead of 242 tons. Adhikari also managed documentation related to the loan and payment processes. The other members of the subcommittee have all faced corruption charges, but Adhikari has not.
The accusations have gained traction, with the accused arguing that Adhikari’s selective exclusion is unjust. They also questioned the legitimacy of the email correspondence Adhikari had with Airbus headquarters, which the CIAA cited as crucial evidence in their case. They claimed that the email was designed to create proof that would shield Adhikari from prosecution while implicating others.
Further accusations were made by Buddhi Sagar Lamichhane, a former director of NAC and a technical joint secretary at the Ministry of Tourism, who is among those facing charges. He questioned the CIAA’s decision not to prosecute Adhikari while prosecuting him for the same decision-making process.
Yubaraj Adhikari was appointed executive chairperson of Nepal Airlines in 2021. The CIAA launched its investigation into the wide-body procurement case after his appointment. While Adhikari has testified before the Special Court, his role remains a point of contention, particularly regarding his decisions related to the aircraft’s reduced weight capacity and the subsequent financial agreements.
The accused have alleged collusion between the CIAA and Adhikari, suggesting that there was a hidden agreement to protect him from prosecution while using his correspondence with Airbus as evidence against others.
The wide-body aircraft procurement scandal, which is claimed to have caused a loss of NPR 1.47 billion to the state, involves charges against 32 individuals. The case was filed with the Special Court on March 22, 2024, and the testimonies of the accused and witnesses have been completed. The court has ordered both the defense and the prosecution to submit their arguments, with the next hearing scheduled for Sunday, September 8, 2024.
The controversy surrounding Yubaraj Adhikari’s exclusion from prosecution continues to cast a shadow over the fairness of the investigation as the case progresses toward its final stages.
