KATHMANDU: The Commission for the Investigation of Abuse of Authority (CIAA) has filed a corruption case against two former ministers and five others in connection with the Pokhara Lychee Garden land bribery scandal, but controversially excluded former minister Balram Adhikari from prosecution — despite the existence of an audio tape allegedly implicating him.

Former Minister Balram Adhikari, who was also named in the audio evidence, was not investigated, raising serious questions about selective prosecution by the anti-graft body.

The CIAA said further investigation into Adhikari’s role “could be carried out later.”In criminal law, investigating and prosecuting only selected individuals while exempting others involved in the same offense is known as selective prosecution.

Legal observers say this case highlights the CIAA’s continued bias and lack of impartiality, a concern previously noted by the Special Court in several of its judgments.

Sources at the CIAA confirmed that Chief Commissioner Prem Kumar Rai decided not to indict Adhikari, despite clear indications from earlier evidence.

The decision was reportedly revised hastily after the Gen Z movement of September 08-09, which reignited public outrage over corruption and political protectionism.

Audio recordings that surfaced earlier revealed that former Minister Gupta received Rs 3.2 million in bribes, while then-Secretary Arjun Pokharel allegedly accepted Rs 500,000 along with expensive gifts, including liquor and poultry items.

The recordings also mention Adhikari and his son Manoj, who allegedly collected money from different sources after Adhikari became minister.

Despite these serious allegations, Adhikari was never charged, while the CIAA proceeded only against Gupta and Shrestha.

Gupta had resigned amid the scandal, but Adhikari — shielded by then-Prime Minister KP Sharma Oli — remained in office despite mounting pressure.

Meanwhile, Sujan Lama, the whistleblower who recorded and released the audio clips, has himself been charged by the CIAA with corruption, accused of giving bribes worth Rs 7.8 million. Lama reportedly fainted during questioning after being denied food for hours.

The CIAA’s decision to indict the whistleblower while sparing one of the key accused has intensified criticism of politically motivated and selective prosecution under Commissioner Prem Kumar Rai’s leadership.