August 15: The Department of Revenue Investigation seized approximately 61 kg from Tribhuvan International Airport in the evening of July 19.

Acting on a tip-off, the department intercepted the precious metal from a taxi about to exit the TIA customs area. The smuggling of a massive quantity of gold from the customs clearance without its detection has sent waves across the political and business circles.

This substantial seizure of gold underscores the prevalent belief that corruption is deeply rooted and financial irregularities are entrenched within the government mechanisms and bureaucrats.

The discovery of smuggled 61 kg of gold has led to a face-off between the main opposition party, CPN-UML, and the coalition government in the parliament.

The main opposition party, CPN-UML led by KP Oli has been demanding the formation of a high-level independent probe committee to investigate the 61 kg gold scam and disrupting the parliament for over two weeks.

Contrarily, the government has chosen to dismiss the opposition's call for the formation of an investigation committee to delve into the gold smuggling incident. The huge cache of the gold was captured by the Department of Revenue Investigation.

With the directive of the Prime Minister Pushpa Kamal Dahal, the department has handed over the all the files and evidences collected into the incident to the CIB to go deeper into the case and dig out the truth stating that the incident draws to the organized crime due to the complexities of the scandal and wide connection of the scam.

"Though the main opposition party, CPN-UML led by KP Oli has been demanding the formation of a high-level independent probe committee to investigate the 61 kg gold scam and disrupting the parliament for over two weeks, the governmnet has chosen to dismiss such calls". 

Home Minister Narayankaji Shrestha, addressing the House of Representatives, asserted the capability of existing government agencies like the Central Investigation Bureau (CIB) and Nepal Police to comprehensively investigate the incident and unveil the truth.

Minister Shrestha proposed that the opposition party grant a 35-day period for the government's CIB to conduct its inquiry into the 61 kg gold affair.

Amidst this backdrop, the question arises: Is it appropriate and necessary to establish a dedicated probe commission to investigate the gold scandal? Can not the Nepal Police and CIB, which are established to investigate and control the crimes, effectively delve into the depths of the incident and unearth the facts?

Before addressing these inquiries, it is crucial to examine the various government bodies that have been established to combat corruption and irregularities within the country.

During the era of the Panchayat regime, the creation of the Special Police Department (later known as the National Vigilance Centre) aimed to combat minor instances of corruption, while the Royal Palace established the Janch-buj Kendra to address major cases of corruption.

Subsequently, the CPAA was introduced in 1975 with extensive authority to investigate, prosecute, and adjudicate corruption-related crimes, evolving into the present-day CIAA after the restoration of democracy in 1990.

The Commission for the Investigation of Authority (CIAA) serves as the apex constitutional body responsible for combating corruption within the Government of Nepal.

Empowered by the Constitution of Nepal 2072, the CIAA is authorized to investigate cases involving public officials and their associates engaged in authority abuse through corrupt practices. Another anti-corruption entity, the National Vigilance Centre (NVC), was established in accordance with the Anti-Corruption Act, 2059 B.S., with the goal of promoting good governance, economic discipline, and transparency.

The Department of Money Laundering Investigation (DMLI), formed in 2011, focuses on combating money laundering, terrorist financing, and illicit earnings.  Furthermore, the Central Investigation Bureau (CIB), a division of Nepal Police, possesses the mandate to investigate severe crimes, including financial irregularities and smuggling.

A substantial fund from taxpayers is channeled into the remuneration and benefits of individuals working within government agencies dedicated to combating corruption, irregularities, and other illicit activities.

 These agencies have employed numerous professionals, each trained to combat corruption, address anomalies, and curb unlawful behaviors, including instances of financial irregularities and the smuggling of valuable metals such as gold within the nation.

In light of this, it becomes a matter of prudence for the government to strategically allocate the requisite and ample resources needed to empower these anti-graft bodies.

By doing so, these agencies can effectively and efficiently execute their responsibilities, contributing to a more transparent and accountable government functioning.

The question now arises: Would an independent body, as demanded by the opposition, be more adept at investigating the 61 kg gold smuggling incident through Tribhuvan International Airport (TIA)? Is it judicious to bypass existing government entities, designed to combat corruption and anomalies, in favor of establishing a separate investigative commission? Historical instances of independent commissions have not set an encouraging precedent.

A case in point is the wide-body aircraft scandal. A parliamentary sub-committee exposed irregularities worth Rs 4.35 billion in the procurement of wide-body aircraft deals, implicating the sitting tourism minister, the NAC managing director, and several government officials, including former tourism ministers.

"The demand to form a sepearte commission to investigate the gold arises from a lack of confidence in government bodies such as the Central Investigation Bureau (CIB), which fall directly under the jurisdiction of Prime Minister Pushpa Kamal Dahal."

However, the government formed an independent commission led by former chief judge Govinda Prasad Parajuli. The commission was given a 45-day timeline to submit its findings, seemingly to quell opposition voices.

The principal opposition party, CPN-UML, has persistently demanded the establishment of an independent commission or committee to investigate the issue at hand.

This demand arises from a lack of confidence in government bodies such as the Central Investigation Bureau (CIB), which fall directly under the jurisdiction of Prime Minister Pushpa Kamal Dahal.

Undoubtedly, CPN-UML's push for an independent commission serves a broader political agenda. It appears that the party is aiming to sow discord among the ruling coalition partners, particularly the Nepali Congress and CPN-UML.

"By the time the commission delivers its findings, those implicated might have found refuge elsewhere, ultimately rendering the commission's efforts and its subsequent report inconsequential."

The arrest of Nepali Congress lawmaker Sunil Sharma by the Central Investigation Bureau provided the opposition with a rallying point. The main opposition leveraged the arrest to fuel their sentiment, showcasing CPN-UML's efforts to create fractures within the coalition partners.

The overt praise and public hobnobbing of Sunil Sharma and KP Oli suggest that Oli is resolute and shrewd availing every opportunity to destabilize the coalition partnership and unseat the collation government at any cost.

Even if the government concedes and forms an independent commission, the commission's effectiveness could be marred by delays. Negotiations surrounding the commission's mandate, membership, and jurisdiction could lead to substantial time consumption.

 By the time the commission delivers its findings, those implicated might have found refuge elsewhere, ultimately rendering the commission's efforts and its subsequent report inconsequential.