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Rs1.47 billion extra paid in Airbus A330s deal, probe shows
After five-year study, CIAA files cases against 32 including sitting and former officials, and foreign suppliers.
- SANGAM PRASAIN,BINOD GHIMIRE
KATHMANDU,
Nepal’s anti-graft body on Thursday completed its five-year-long probe into the $209.6-million Airbus deal, the largest ever in Nepal’s aviation history, concluding that the procurement of two wide-body Airbus A330 jets by Nepal Airlines Corporation has caused a loss of Rs1.47 billion ($13.38 million) to the government.
The loss was computed based on the exchange rate at the time of the payment of the last instalment in 2018.
On Thursday, the Commission for the Investigation of Abuse of Authority (CIAA) filed a case against 32 individuals at the Special Court for their alleged involvement in corruption in the April 2017 Airbus A330s deal, commonly known as the ‘wide-body scam’.
The first of the two wide-body aircraft—Annapurna—arrived at the Tribhuvan International Airport in June 2018. The second, named Makalu, arrived a month later.
In a statement, the commission said it has filed the case against a former minister, high-level sitting and retired government officials, private sector representatives, and aircraft suppliers.
The accused are former tourism minister Jeevan Bahadur Shahi, former managing director of Nepal Airlines Sugat Ratna Kansakar, former tourism secretary Shankar Adhikari and former finance secretary Shishir Kumar Dhungana.
At the time of the deal, Adhikari and Dhungana were on the board of the national flag carrier.
As per the charge sheet, the minister and the Nepali officials had gone against the procurement law and accepted the supplier’s escalation condition to purchase second-hand aircraft, a condition which came to $6.78 million (Rs74.58 million) of the $209.6 million valuation. Escalation condition is a rule in a contract that says if certain things change, like prices, then the terms of the contract can also change. Investigators suspect that the condition was included in the $209.6 million deal to covertly generate kickbacks for the officials involved.
The charge sheet reads that while finalising the major technical specifications, the maximum takeoff mass (MTOM) of the aircraft was decreased to 230 tonnes from 242 tonnes. Investigators suspect financial embezzlement here.
The maximum takeoff mass (weight) affects an aircraft’s takeoff distance, rate of climb, payload capacity, and range.
The probe found that the Nepali officials made payment for 242 tonnes, but ordered the aircraft with a capacity of only 230 tonnes, with a cost difference of $6.6 million (Rs72.5 million).
Kansakar, the former chief of Nepal Airlines, has been labelled as the kingpin of the scam.
In August 2015, under the leadership of Kansakar, Nepal Airlines began the process of acquiring two wide-body aircraft from the European plane maker. On September 11, 2016, the Finance Ministry agreed to act as a guarantor on a loan Nepal Airlines took to procure the two wide-body jets.
On September 24, 2016, the board of Nepal Airlines unanimously approved its management’s plan to procure two Airbus A330-200 wide-body jets. Subsequently, on September 26, 2016, the national flag carrier invited sealed requests for proposals (RFP) from aircraft manufacturing companies, airlines, aircraft leasing companies and bankers for the purchase of two A330-200 jets.
The bid documents said the minimum age of the proposed aircraft cannot be more than 1,000 flight hours and the date of manufacture should not be before January 2014.
It was informed that the board’s move to allow Nepal Airlines to buy the jets from the European aviation giant followed the management’s recommendation to switch from Boeing to Airbus as a one-family aircraft strategy would reduce maintenance and crew training costs.
But there was a catch.
The 55th annual report of the Office of Auditor General questioned the very procedure adopted by the Nepal Airlines and the prices of the aircraft.
It pointed out the mismatch in the manufacturer’s serial numbers assigned to Nepal Airlines jets. Initially, the numbers “1840” and “1842” had allegedly been issued. But Airbus later assigned “1845” and “1854” after receiving a commitment fee.
However, at the Airbus’ manufacturing plant in Toulouse, France, the aircraft serial numbers were “1872” and “1878”. The “1845” and “1854” that Nepal Airlines had claimed to be its own actually belonged to Tibet Airlines and Spain’s Iberia Airline, respectively, the audit report explained.
As per Clause 236(1) of Nepal Airlines’ financial bylaw, the national carrier is required to invite proposals only from aircraft manufacturers to purchase brand-new aircraft. However, the corporation went with Clause 236 (2) of the bylaw, which allows it to procure an old plane from a leasing agency, banker or airline operator besides manufacturers.
Thursday’s charge sheet reads: “The corruption was committed by Nepal Airlines former chief in collusion with other Nepali officials and Hi Fly X Ireland Limited appointed by a consortium of the aircraft suppliers, which includes AAR International Inc., German Aviation Capital GMBM and Hi Fly-Transporte Aeroes SA (Hi Fly Airlines).”
In 2019, Nepal’s parliamentary Public Accounts Committee also questioned the motive of Nepal Airlines and Hi Fly Portugal for forming a special purpose vehicle—Hi Fly X Ireland—to specifically handle the procurement process.
The committee has termed Hi Fly X as a “fictitious” company and has suspected “massive financial irregularities” in the deal. Stating that Ireland is the biggest tax haven in the world used by multinationals to shelter profits, the lawmakers suspected Nepal Airlines might have reached the deal with the company to evade taxes.
While advance payment was released to the Portugal-based Hi Fly Transporte Aeroes, the rest of the payment was released to an Ireland-based company, according to the report of the parliamentary committee at that time.
The anti-graft body has also implicated AAR International and its president and chief executive officer John M Holmes; German Aviation Capital and its managing director Ana Topa; Hi Fly Airlines Portugal and its president Paulo Mirpuri; Hifly X Ireland Limited and its directors Gerald Thornton and Christian Nuehlen and Markuss Radbruch, head of aviation.
Ralf Springer, senior consultant of Norton Rose Fulbright LLP Germany, has also been implicated.
Deepak Sharma, president of International Supply Chain at AAR Corp Inc. US, and Oleg Calistru, finance director of German Aviation Capital, Germany, have also been implicated in the corruption case.
In the charge sheet, the commission has sought to recover the embezzled amount and imposition of fines and imprisonment as per the Corruption Prevention Act.
Shahi, a provincial assembly member from Karnali, has been automatically suspended with the registration of the graft case at the Special Court. He is also a Central Working Committee member of the Nepali Congress.
Other officials who have been automatically suspended are Buddhi Sagar Lamichhane, sitting joint secretary of the tourism ministry; Janak Raj Kalakheti, deputy managing director at Nepal Airlines; and senior captains of Nepal Airlines—Subash Rijal, Rabindra Sherchan and Shrawan Rijal.
Similarly, other senior sitting officials of Nepal Airlines, Upendra Paudel, Paras Paudel and Brihat Man Tuladhar, have also been suspended.
The $209.6-million Airbus purchase deal had met with controversy even before the aircraft arrived in Nepal.
The parliamentary Public Accounts Committee took up the case and formed a subcommittee to investigate the matter.
The sub-committee submitted its report to the committee on January 3, 2019, concluding that the procurement of the two wide-body aircraft by Nepal Airlines had caused the government a loss of Rs4.35 billion.
It had recommended immediate suspension of three then secretaries, Prem Kumar Rai and Krishna Prasad Devkota, and Shankar Prasad Adhikari, who had acted as chairperson of the Nepal Airlines during their respective tenures as tourism secretary. The report had implicated then-tourism ministers Rabindra Adhikari and Shahi. Shahi was accused of sending the commitment fee to purchase the jets through a ministerial-level decision.
But on January 7, 2019, the committee endorsed the sub-committee’s report by making some changes that included giving a clean chit to Rai while legal action was recommended against former tourism ministers Rabindra Adhikari, Shahi and Jitendra Dev.
Rai was acquitted after it was found that he only formed a sub-committee to buy new aircraft and not initiated the process to purchase the old aircraft for Nepal Airlines.
Adhikari died in a helicopter crash on February 27, 2019.
Rai is the sitting CIAA chief commissioner who concluded the probe into the notorious procurement deal.
The corporation had deposited $79 million into the escrow account held by Norton Rose Fulbright as an advance payment for the two jets.
The audit report said that Nepal Airlines was required to invite proposals only from aircraft manufacturers to purchase brand-new aircraft as per Clause 236 (1) of its financial bylaw. Now the Special Court will conduct the hearing on the case and pass its verdict which could take at least a few months, according to the CIAA officials.
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As Covid lingers, Nepal asks Covax for 1.6 million vaccine doses
Shots are available at Sukraraj Hospital, Teku. Those in the risk group can get fresh jabs.
- Post Report
KATHMANDU,
Amid reports of an increase in the number of Covid cases, the Ministry of Health and Population has asked Covax to supply 1.6 million doses of coronavirus vaccine.
The vaccine doses are among the 2.5 million doses Covax, the United Nations-backed international vaccine sharing scheme, has committed to supply, officials say.
“We will administer the vaccine to the risk groups including the elderly and those having comorbidities,” said Dr Abhiyan Gautam, chief of the Immunisation Section at the Family Welfare Division of the Department of Health Services. “Further requests for vaccine doses will be made based on the demand in the country.”
The facility supplied millions of doses of coronavirus vaccine, which were used to inoculate the majority of the population of the country. Of late, major hospitals in the country have reported coronavirus infections.
Doctors say elderly people and those with underlying conditions have been getting severe from Covid. Some infected people, whose health conditions were severe, are being treated in intensive care.
Health authorities across Nepal have stopped active case findings including contact tracing and free testing for all after the second wave of the pandemic subsided in 2021. Hospitals have been carrying out tests only on those seeking polymerase chain reaction (PCR) testing to go abroad or seriously ailing patients with respiratory illness. Those seeking test reports are healthy people and even some healthy people are getting tested positive for the coronavirus.Some people with fever and flu are also testing positive for the coronavirus.
Doctors say many people infected with Covid could be asymptomatic and they can pass the virus to others. Infected elderly and those with compromised immunity get severe from Covid. They ask people of the risk groups to get inoculated as soon as possible.
Currently Covid vaccine is being provided from the Teku-based Sukraraj Tropical and Infectious Disease Hospital. The hospital administration said that anyone from risk groups or those, who have not taken the first dose, second dose or booster shots can visit for inoculation.
“We have been administering the coronavirus vaccine from our hospital,” said Dr Yuba Nidhi Basaula, director at the hospital. “But the uptake has been very low. Only around 20 people have been coming for Covid vaccination daily.”
The hospital administration said Pfizer-BioNTech’s bivalent Covid vaccine is being administered between 10 am and 3 pm every day.
The Pfizer-BioNTech’s vaccine is the only bivalent jab that has got an emergency use approval from the drug advisory committee in Nepal.
The bivalent Covid vaccine includes a component of the original virus strain as well as a part of the Omicron variant to provide a broad protection against Covid.
Nepal had confirmed the spread of the JN.1 sub-variant of the coronavirus in the country in January. The World Health Organisation classifies JN.1 as a separate ‘variant of interest’ given its rapid spread around
the globe. The UN health body, however, said that based on available data, “the additional public health risk posed by JN.1 is currently evaluated as low”.
Officials at the Ministry of Health and Population said of late people mostly returning from India have been testing positive for Covid.
Thousands of people from both countries enter each other’s territories every day on top of the large number of those who use unregulated points along the porous border.
Though health authorities have not carried out whole-genome sequencing, experts say the sudden rise in infection rate and severity in the elderly and comorbid people could be the reason for the change in virus variant of seasonal flu and coronavirus.
Public health experts have urged authorities concerned to carry out whole-genome sequencing , which is a comprehensive method of analysing the entire DNA sequence of an organism’s genes. Researchers believe that whole-genome sequencing of the coronavirus can help track the virus’s severity and properties.
As cases in the hospitals keep rising, doctors suggest the public to avoid crowds and follow public health measures—washing hands and wearing face masks, among other things.
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How religions have responded to total solar eclipses over the centuries
The Muslim wisdom for eclipse is for the individual to seek refuge in God, requesting the lifting of the affliction.
- ASSOCIATED PRESS
Los Angeles,
Throughout history, solar eclipses have had profound impact on adherents of various religions around the world. They were viewed as messages from God or spiritual forces, inducing emotions ranging from dread to wonder.
Ahead of the total solar eclipse that will follow a long path over North America on Monday, here’s a look at how several of the world’s major religions have responded to such eclipses over the centuries and in modern times.
Buddhism:
In the Tibetan Buddhist tradition, it is believed that the energy of positive and negative actions is multiplied during major astronomical events such as a solar eclipse.
According to the late Lama Zopa Rinpoche with the Foundation for the Preservation of the Mahayana Tradition, both lunar and solar eclipses are auspicious days for spiritual practice. He has said that the merit—which represents the positive karmic results of good intentions and actions—generated on lunar eclipses is multiplied by 700,000 and on solar eclipses by 100 million. Some of the recommended spiritual activities on these days include chanting mantras and sutras.
Christianity:
Some Christians have believed that an eclipse portends the coming of the “end times” that will precede Christ’s return to Earth as prophesised at various points in the Bible. One such passage is in the second chapter of Acts: “The sun will be turned to darkness and the moon to blood before the coming of the great and glorious day of the Lord.”
There also has been a persisting belief among some Christians that an eclipse occurred during the crucifixion because three of the Bible’s four Gospels mention a three-hour period of darkness as Jesus died.
“It was now about noon, and darkness came over the whole land until three in the afternoon, for the sun stopped shining,” says Luke 23:44.
It’s been noted that a three-hour period of darkness doesn’t suggest a solar eclipse, which produces only a few minutes of darkness.
But a recent commentary on ChurchLeaders.com—a website supported by numerous prominent evangelical pastors—said the darkness depicted in the three Gospels “represents a profound spiritual transition.”
“The temporary obscuring of the sun, juxtaposed with the ultimate sacrifice of Jesus, offers a powerful metaphor for the transient nature of despair and the eternal promise of salvation and rebirth,” the commentary says.
Hinduism
The origin of eclipses in Hinduism is explained in ancient legends known as puranas. In one legend, the devas and asuras, who symbolised good and evil respectively, churned the ocean to receive the nectar of eternal life. As one of the asuras, Svarbhanu, posed as a deva to receive the nectar, the Sun god (Surya) and Moon god (Chandra) alerted Mohini, an incarnation of Lord Vishnu, who then used a discus to behead Svarbhanu.
But because the asura had already consumed a portion of the nectar, his immortal but detached head and body lived on under the names Rahu and Ketu. Legend has it that Rahu occasionally swallows the sun and the moon because of the gods’ part in his misery, causing solar and lunar eclipses. Hindus generally regard a solar or lunar eclipse as a bad omen. Some observe fasts before and many do not eat during the period of the eclipse. Observant Hindus ritually bathe to cleanse themselves during the first and final phases of an eclipse. Some also offer prayers to ancestors. Most temples are closed for the duration of the eclipse. Devotees gather for prayers along pilgrimage sites near holy rivers during the onset of an eclipse. The event is considered to be a good time for prayer, meditation and chanting of mantras—all believed to ward off evil.
Islam
In Islam, a solar eclipse is a time to turn to God and pray. The eclipse prayer is based on narrations of sayings and actions of Prophet Muhammad.
Kaiser Aslam, Muslim chaplain at the Center for Islamic Life at Rutgers University, said one narration cited the prophet as saying: “The sun and the moon are two signs amongst the signs of Allah and they do not eclipse because of the death of someone. ... Whenever you see these eclipses pray and invoke [Allah].”
The story was that “after the death of the Prophet Muhammad’s son, Ibrahim, his companions tried to comfort him by saying that the sun eclipsed due to the greatness of the loss,” Aslam said. “The Prophet corrected them by reminding them that the sun and moon are signs of God and to not add any superstitions as to why an eclipse happens.”
On April 8, Aslam will lead the “kusuf” prayer on campus. Customarily, there’s a brief sermon after the prayer to explain the lessons behind it and dispel any superstitions around it, he added.
“It is a beautiful and meaningful prayer that emphasizes our relationship with God’s creation, making sure to give our devotion to God, instead of incidental occurrences in God’s creation,” Aslam said.
Mahmoud Alhawary, an official with Al-Azhar’s Islamic Research Academy in Cairo, said it’s better for the eclipse prayer to be performed in congregation at the mosque, but that Muslims may also pray individually elsewhere.
The wisdom “is for the individual to seek refuge in God, requesting the lifting of this affliction,” Alhawary said. “People should know that the occurrences of the whole universe are in God’s hands.”
Judaism
The Talmud—the collection of writings compiled more than 1,500 years ago that constitute Jewish religious law—offers specific blessings for many natural phenomena, but not for eclipses. Instead, it depicts an eclipse as “an ill omen for the world.”
On Chabad.org—a website serving an Orthodox Jewish audience—Chicago-based Rabbi Menachem Posner sought to view the Talmud passage in a modern context, given the consensus that eclipses are natural events that can be predicted centuries in advance. “Eclipses should be opportunities to increase in prayer and introspection—as opposed to prompting joyous blessings,” Posner wrote. “It is a sign that we really could and should be doing better.”
Writing in early March for the Orthodox Jewish education organisation Aish, Rabbi Mordechai Becher noted that Judaism has longstanding interconnections with astronomy. He said there are three craters on the moon named after medieval rabbis with expertise in astronomy. As for eclipses, Becher—an instructor at Yeshiva University—suggested they were made possible by God for a profound reason.
“He created a system that would remind us regularly that our choices can create darkness, even at times when there should be light,” he wrote. “Our free will choices can create a barrier between us and the Divine light, but can also allow Divine light to be seen here.”