It has been revealed that Attorney General Ramesh Badal had decided not to pursue the case a few days before Sher Bahadur Deuba became the Prime Minister. A source in the Attorney General's Office said, "We have already found out that the case has been returned due to the decision not to proceed with the case."
Spokesperson of the Attorney General's Office Sanjiv Regmi, however, said that he could only respond as he did not know about it.
The Kathmandu Metropolitan Police had submitted a report to the Public Prosecutor's Office three years ago with the opinion that a case should be filed against Silwal for preparing counterfeit documents.
Silwal had gone to the Supreme Court after the then Deuba government appointed DIG Jaya Bahadur Chand as Inspector General of Police. After the Supreme Court ordered the promotion of the Inspector General based on the performance appraisal, the government appointed Prakash Aryal as the Inspector General for the second time.
Against that, Silval filed a writ petition in the Supreme Court on March 3, 2008. The government had started an investigation against him, alleging that the copy of the performance appraisal report submitted with the petition was forged.
A full bench comprising Chief Justice Gopal Parajuli, Justices Omprakash Mishra, Kedar Prasad Chalise, Sharda Prasad Ghimire, Meera Khadka, Prakash Man Singh Raut and Purushottam Bhandari ordered an inquiry into the misrepresentation of the performance appraisal report. . But after the Oli government was formed, the investigation was abandoned.
The Attorney General has the final say on whether or not to prosecute any pro-government case.
The Prime Minister's Office and the Office of the Council of Ministers had submitted a report to the Supreme Court through the Office of the Attorney General stating that the documents submitted by Silval were fake. The government investigation had pointed out that the size and type of letters, exact match and style of numbers were also found in the performance schedule.
The government has demanded to test the veracity of the performance appraisal report of the competing police officers in the dispute over the appointment of Inspector General of Police.
"Since the marks in the performance appraisal form submitted by Silval and the marks obtained from bodies including the Public Service Commission are different, it was said in the order of the apex court at that time. To send a letter to the concerned body to investigate and take action against those found guilty.
The then Attorney General Basant Ram Bhandari had said that the court had proved that Silwal's documents were stolen. He accused Silval of not cooperating in the investigation. At that time, Silwal had even gone underground to avoid arrest for some time.