"Initially, most of them declined to accept our summons notices, under various pretexts," said Special Court Registrar Dhir Bahadur Chand, adding, "However, as of Friday, 25 officials accused in the scam have accepted the 15-day summons."
According to him, those who received the summons notices have to appear before the court within this week if they want to defend themselves against the charge filed against them. [break]
Chand informed that the three former police chiefs---Om Bikram Rana, Hem Bahadur Gurung and Ramesh Chand Thakuri -- have already received the summons notices.
Former AIG Dipendra Bahadur Bista, former DIG Niraj Pun and other police brass have received the summons. AIG Arjun Jung Shahi and former DIG Surendra Pal are among nine other police officers who have still not accepted the summons notices.
Former police chief Gurung and former AIG Bista are likely to appear before the Special Court this week, Chand said.
"An accused has to appear before the court if he wants to defend himself against charges filed against him," Chand added. "However, the court won´t have any problem initiating hearings and other procedures even in the absence of the accused."
With the filing of corruption cases against 34 police officers and two contractors, accusing them of embezzling about Rs 290 million while planning, procuring and supplying armored personnel carriers (APCs) and other logistics for Nepali peacekeepers deployed in Darfur, Sudan, the Special Court had issued 15-day summons in the names of the accused. All the accused were summoned to the court to defend themselves against corruption charges filed by the Commission for Investigation of Abuse of Authority (CIAA).
Notice servers from Kathmandu and Lalitpur district courts tried to serve the summons but the accused in the scam including former police chief Rana, suspended AIG Madan Khadka and others flatly refused to accept the summons. Finally, the notice servers pasted the summons notices at the gates of Rana and Khadka and other accused.
Rana had initially declined to accept the summons letter, citing inadequate consultations with his lawyers.
"As per our notice, the accused must appear before the court within 15 days," said Chand. "If they submit applications showing genuine reasons for their failure to be present before the court within 15 days, they can get another 15 days´ time to make their appearance before the court."
"If someone does not defend himself against a charge filed against him, he will obviously lose the case. And the same thing can happen to the Sudan scam accused,´" said an official.
Private lawyers trying to plead on behalf of the accused won´t be allowed to do so if the accused themselves are not present at court.
The Special Court will then issue its verdict on the basis of pleadings by government lawyers and the available evidence.
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