A high-level probe commission on gold smuggling has recommended departmental actions against officials including Additional Inspector General Kiran Bajracharya, chief of the Central Investigation Bureau, and then director general of the Department of Immigration Jhalakram Adhikari.

The commission recommended action against AIG Bajracharya for allegedly sparing former home minister and Maoist vice chairman Krishna Bahadur Mahara, then director general Adhikari and former Nepal Police chief and UML leader Sarbendra Khanal.

The government formed the commission on October 2 with a mandate to conduct a detailed investigation into the recent incidents of gold smuggling in the country after the UML and the Rastriya Swatantra Party obstructed the House proceedings for a month. The commission, led by Dilli Raj Acharya, a former High Court chief judge, was constituted after the major parties agreed on its jurisdiction.

The Commission has implicated then director general Adhikari stating that he was found to be in direct contact with gold smugglers. Likewise, the commission has proposed departmental action against CIB chief Bajracharya for alleged negligence in conducting the investigation, as well as against district attorneys Janak Prasad Ghimire and Basudev Sharma of Kathmandu for ‘mistakes’ made while preparing the charge sheet.

Officials from the Nepal Police, Ministry of Home Affairs, and the commission said the CIB failed to initiate investigations against Mahara and Khanal despite alleged smugglers accusing them in the racket.

The then opposition parties– the UML and Swatantra Party– demanded the formation of the commission saying that the gold smuggling racket was protected by the authorities. With the commission recommending action against senior police officers for not investigating some UML and Maoist leaders, it may pose a serious challenge for the government to conclude the case.
With the changes in the coalition earlier this month, the UML is now a major partner in the ruling coalition.

“Which leaders were protected by the CIB chief? If action is not taken against them, questions will inevitably be raised against the home minister,” said an official from the Ministry of Home Affairs.

CIB did not investigate former police chief Khanal despite clues indicating that Jeevan Chalaune, one of the accused in the 61-kg gold smuggling, and ex-IGP Khanal were in constant communication over the dealing of smuggled gold. Police officials say the statement by Chalaune was overlooked after he disclosed Khanal’s involvement in the smuggling. Subsequently, Chalaune was released and has been evading authorities since then.

Deputy Prime Minister and Home Minister Rabi Lamichhane is considering relieving Bajracharya of the duties after the commission reported that she aided the perpetrator in escaping.

The high-level commission on Thursday submitted its report to Home Minister Lamichhane. The commission stated that the 485-page report was compiled after conducting field inspections of nine customs checkpoints, interviews with 68 individuals, and consulting with 61 experts during the five-month-long investigation.

Meanwhile, Minister Lamichhane has briefed Prime Minister Pushpa Kamal Dahal about the case. He handed over the report to the prime minister on Friday.

“The Prime Minister has instructed me to take necessary actions,” said Minister Lamichhane. “The report has highlighted serious mistakes made by our agencies during the investigation. It appears that even evidence may have been destroyed.”

“I am in favour of making the report public. However, this falls under the purview of the Council of Ministers. I will endeavour to publicise this report and ensure that everyone is brought under investigation,” said Minister Lamichhane.

Meanwhile, the prime minister has summoned a Cabinet meeting on Friday evening to discuss the report.

Sources within the commission said the report has mentioned that former IGP Khanal is a close associate of Chalaune, suggesting their involvement in the smuggling.

“The investigation into a network beyond Chalaune was never conducted after he went into hiding. It remains unclear who facilitated the racket. The Commission has also not addressed this matter,” said the source.

Chair of the commission Acharya said the commission has recommended reinvestigating against some persons and taking departmental action against some police and government officials.

Acharya stated that they identified several other issues warranting further investigation but were unable to pursue them further due to time constraints.

“It is imperative to delve deeper into the issues that have emerged in recent days, and we have incorporated this matter into our recommendations,” he remarked.

He mentioned that they were unable to investigate the alleged involvement of former Vice President Nanda Bahadur Pun, his sons and his secretariat members in the gold smuggling case due to time constraints.

He said that the commission’s main responsibility was to examine the 61-kg gold smuggling case and the smuggling of nine kilogrammes of gold hidden in e-cigarettes.

“We were given the specific mandate to investigate the smuggling of gold concealed in e-cigarettes (vapes) and brake shoes. Furthermore, our investigation was confined to incidents prior to October 1,” said Acharya. “We were not able to explore other avenues. We have proposed that certain individuals who were previously excluded from police investigation be looked into.”