Basnet Acquitted in High-Stakes TERAMOCS Scandal: What the Court Decided

In a decisive move that reshapes the legal landscape of Nepal's telecommunications sector, the Special Court acquitted former Minister for Communication and Information Technology Mohan Bahadur Basnet in the high-profile TERAMOCS corruption case. The three-judge bench, consisting of Hemanta Rawal, Dilliratna Shrestha, and Umesh Koirala, ruled that the charges against Basnet could not be sustained, effectively clearing him of the alleged irregularities in procuring the telecommunications traffic monitoring system.

While Basnet was cleared, the court did not let the entire case go unpunished. The same bench convicted three former officials of the Nepal Telecommunications Authority (NTA): Chairman Digambar Jha and board members Dhanraj Gyawali and Tika Prasad Upreti. The convictions stem from a collective conspiracy with malicious intent to implement the TERAMOCS system without proper consultation or approval from relevant officials, as uncovered by the Commission for the Investigation of Abuse of Authority (CIAA).

The CIAA had originally filed the corruption case against 16 individuals, accusing Basnet of breaching his jurisdiction by issuing unilateral directives to include the TERAMOCS system, which was not part of the NTA's annual program for fiscal year 2017-18. The commission had demanded damages of Rs 3.21 billion and imprisonment ranging up to 17 years for Basnet, Jha, and Khanal, while Gyawali and Upreti faced a maximum of 14 years if convicted.

Basnet, a prominent Nepali Congress leader, had been suspended from the lower house upon the case's registration. He maintained throughout the process that he acted in good faith, without malicious intent or involvement in corruption. The court's acquittal suggests that the evidence presented did not meet the threshold for proving criminal liability against him, even as the officials directly involved in the procurement process were found guilty.

The Bigger Picture: Political Pressure and Misuse of Authority

The TERAMOCS scandal has highlighted deep concerns about political pressure and the misuse of authority within Nepal's telecommunications regulatory framework. The case underscores the risks of unilateral decisions made by high-ranking officials without consulting technical experts or following established procurement protocols. As the court's ruling stands, it sets a precedent for accountability in public sector projects, emphasizing that while political leaders may face scrutiny, the individuals directly executing questionable decisions are held to stricter standards.

With Basnet cleared and three NTA officials convicted, the TERAMOCS case now serves as a critical reference point for future anti-corruption efforts in Nepal's tech and telecommunications sectors. The Special Court's decision balances the need for justice with the principle of due process, ensuring that only those with proven culpability face the full weight of the law.