Former Minister Mohan Bahadur Basnet Acquitted in Terramax Purchase Corruption Case
Kathmandu. Former Minister of Communications and Information Technology Mohan Bahadur Basnet has been acquitted by the Special Court in the much-discussed 'Terramax' purchase corruption case. While the bench of Special Court judges Hemanta Rawal, Dilliratan Shrestha, and Umesh Koirala acquitted Basnet, it has convicted some other accused.
Although the Commission for Investigation of Abuse of Authority (CIAA) accused Basnet of 'exceeding jurisdiction and issuing directives for purchase,' the court interpreted it within the scope of a 'policy decision.'
The court considered the decision made at the ministerial level as a 'policy concept.' The verdict stated that the then Minister Basnet had raised a note stating that the Terramax system was necessary for the 'Digital Nepal' concept, the development of information technology, and the control of illegal voice calls. The court considered the minister's 'policy agreement' to install the system as a natural administrative process, which it determined could not be interpreted as corruption.
The court cited the responsibility of autonomous bodies as the second basis for acquitting Basnet. The Nepal Telecommunications Authority is an autonomous body. Although the ministry provided policy directives for system installation, the responsibility for processing and implementing it according to the prevailing laws (Public Procurement Act and Regulations) lies with the officials of the Authority. The court's argument is that the minister saying 'bring the system' cannot be interpreted as 'bring it by violating the law.'
The court cited the lack of evidence of personal gain and malice as the third basis.
The court noted that the prosecution (CIAA) could not present objective evidence that former minister Basnet obtained any 'personal gain' from this purchase process or colluded with the employees involved in the purchase process with malicious intent. The court determined that the minister's involvement was not seen in 'executive functions' such as technical evaluation, price determination, and bid selection for the purchase.
As a fourth basis for acquitting Basnet, the court cited the non-confirmation of the claimed amount (bigo) and damages. Although the CIAA claimed an amount of approximately 3.21 billion as bigo, the court relied on the technical report which stated that the equipment was as per specifications and in usable condition. Since economic loss was not proven, it appears legally difficult to hold a minister at the policy level guilty.
What is Terramax Technology?
It is a type of technology used to measure, monitor the quality of illegal activities in the telecommunications sector, voice and data services, and test the total volume of voice and data. This technology also handles traffic management and monitoring, networking monitoring, and management of illegal activities.
It closely monitors the services provided by telecom companies. Specifically, it fully monitors the bypass of unauthorized international phone calls by telecom companies. This technology will also test the volume of national and international voice data traffic. It will also analyze call detail records (CDR) and identify fraud and examine the status of voice traffic.
It identifies the malpractice of telecom companies that charge for a longer duration of service after providing a short duration, and provide substandard service for the fee taken. Terramax ensures the quality of telecommunications services, prevents malfunctions, and ensures revenue for the country by examining the actual income of service providers.
This specific news has been automatically translated by AI. As a result, there may be some inaccuracies or language errors.
