Will Home Minister Sudhan Gurung’s Investigation Report Be Made Public or Not? Should It Be?
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More than a week has passed since the committee formed to investigate the asset declaration of Home Minister Sudhan Gurung submitted its report, but the government has yet to make it public.
Due to questions about his asset declarations and involvement in various sectors, Gurung resigned to the Prime Minister within 27 days of taking office.
However, on Tuesday morning—the same day the government decided to accept the investigation report—Sudhan Gurung was reappointed to the same post.
On Baisakh 9 (April 21), Gurung wrote on social media: “I have taken seriously the questions, comments, and public interest raised by citizens regarding the matters of my shares. Ethics are higher than position, and public trust is the greatest power. Therefore, I resigned from the position of Home Minister to ensure a fair investigation into the matters concerning me, to avoid any perception of vested interest while holding office.”
Although the 43-page report prepared by the investigation committee was submitted to the Prime Minister’s Office, the details regarding what was discovered about Gurung’s involvement have not been made public.
According to some experts, making the investigation report public would demonstrate the government’s transparency since the committee was formed in response to public interest.
No Decision Yet
When asked when the report might be published, the Prime Minister and Council of Ministers Office only said that the government has decided to accept the report, providing no further details.
“The government of Nepal has already decided to accept the report. The current situation remains the same,” said Hemraj Aryal, the office spokesperson, in a brief conversation.
What progress has been made on the question of whether to make the report public?
According to spokesperson Aryal, “No decision has been made on that yet.”
Repeated attempts to get a response from government spokesperson Sasmit Pokharel on the matter were unsuccessful. Pokharel had stated on the day of Gurung’s reappointment that the government had decided to accept the investigation committee’s report.
Could the Report Remain Unpublished?
The government formed the investigation committee according to the Nepal Government Work Division Regulations.
Former law secretary Madhav Prasad Paudel explains that while the government is not legally obliged to publish the report from a committee established under these regulations, political responsibility is certainly involved.
“Since the mandate of the committee and its conclusions have not been made public, the government is morally and politically responsible to share what the report contains and whether it has been implemented after accepting it,” he said.
“Publishing such reports facilitates implementation and helps the public understand the situation. Without making the report accessible, transparency in implementation cannot be achieved.”
Because it concerns public interest, Paudel also points out that the report can be accessed by the general public or individuals through the courts.
What Does the Committee Chairman Say?
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After Home Minister Gurung resigned, the council of ministers decided on Baisakh 28 (May 11) to form an investigation committee chaired by former High Court judge Achyutman Prasad Bhandari, with Controller General of Accounts Shobhakant Paudel and Assistant Attorney General Achyutmani Neupane as members.
Chairman Bhandari told the BBC on the day the report was submitted: “It was our responsibility to find the truth regarding public interest issues related to former Home Minister and Member of the House of Representatives Sudhan Gurung and submit a report.”
The committee submitted a report including a 17-page affidavit, letters, and remittance details to the Prime Minister’s Office.
According to former judge Bhandari, all three members provided their opinions in the report.
“In the nearly 43-page report, we have presented all matters published in newspapers about assets, shares, land, connections with Deepak Bhatt, purchased businesses, the Nepal institution, and vehicles, all supported by factual evidence,” he said.
“As sources, we have transparently included letters and origins of the shares in the report so that it may be published soon.”
The public has already urged the government to release the investigative report soon so that they can understand the matter clearly.
The committee chairman and members have stated that after submitting the report, they are no longer authorized to discuss the matter further.