Former Minister Mohan Bahadur Basnet Acquitted in Terramax 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. The bench of Special Court judges Hemanta Rawal, Dilliratan Shrestha, and Umesh Koirala acquitted Basnet, but convicted some other accused. The Commission for Investigation of Abuse of Authority (CIAA) accused Basnet of 'exceeding jurisdiction and directing the purchase', but the court interpreted this as falling within the scope of 'policy decision'. The court considered the decision made at the ministerial level as a 'policy concept'. The verdict stated that 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 consent' for system installation as a normal administrative process, which cannot be interpreted as corruption. The court cited the responsibility of autonomous bodies as a second basis for acquitting Basnet. The Nepal Telecommunications Authority is an autonomous body. Although the ministry provided policy direction for system installation, the responsibility for implementing it by completing the process according to the prevailing law (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 breaking the law'. The court cited the lack of evidence of personal gain and malice as a 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 employees involved in the purchase process with malicious intent. The court found no ministerial involvement in 'executive functions' such as technical evaluation, price determination, and bid selection for the purchase. The court made the lack of proof of restitution and damages as a fourth basis for acquitting Basnet. Although the CIAA claimed a restitution of approximately 3.21 billion, the court relied on technical reports indicating that the equipment was as per specifications and in usable condition. When economic loss is not proven, it appears legally difficult to convict a minister at the policy level. What is Terramax technology? It is a type of technology used to measure, monitor, and test the quality of voice and data services, and the total volume of voice and data in illegal activities in the telecommunications sector. 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 and analyze call records (CDR) to detect fraud and examine the status of voice traffic. It identifies the malpractices of telecom companies that charge for a long time after providing a short period of service, and provide substandard service for the charged fee. Terramax checks and ensures the quality of telecommunications services, prevents malfunctions, and ensures revenue for the country by examining the actual income of service providers.