Friday, April 15, 2005


Indepandent judicary :Chief Justice must resign
Special Editoral on Law Day
Chief Justice Sharma, addressing a conference of the justices of Asia and the Pacific region held on March 20-24 in Australia, had defended the February 1 royal move and disparaged the political parties. He had also urged the international community not to criticize the royal move and support Nepal.Chief Justice Hari Prasad Sharma in his address ,said His Majesty the King took the 1 February initiative to teach political parties a lesson.Chief Justice Sharma also told a programme His Majesty enforced direct rule because the rule of political parties went beyond the rule of law.He said: ”When Maoists were conducting their activities in villages and remote places, political parties restricted their activities only to grabbing power and the prime minister’s chair. No effort was made to bring Maoists into the political mainstream.”Concentrating on political rather that judicial issues he said political parties were irresponsible and unrepresentative by dissolving parliament and local bodies and confined themselves only to making “ stable government” rpt “stable government”.The international community may be surprised by reports of the international media on recent developments in Nepal and added,” But the situation in Nepal is different. The efforts now are to eliminate terrorism, provide peace and security to the helpless, cleanse bad government and eliminate corruption.”Chief Justice Sharma said the King took over power and now people have some sense of peace. Many people in Nepal are watching what can be done to protect the people and the constitution at a time when the country was ablaze and unseen forces were, against the wishes of the state, playing games, he said.Former Supreme Court Justice Laxman Prasad Aryal warned of a big crisis ahead for the judiciary as it is trying to function as per the directives of the executive. "All the constitutional infrastructures have now been destroyed," he asserted."The speech is no less than that of a political leader. As the head of the judiciary, he should not have given such a speech," a senior Supreme Court justice said, "He had vowed to abide by the constitution while taking the oath of office, which means he has vowed to be impartial. So, by delivering the speech, he has breached the constitution."
The 19-point code of conduct of judges endorsed by the Supreme Court, the apex policy-making body of the judiciary, considers it unethical for justices to speak publicly on political issues.
An organaistion of Legal experts, Nepal Bar association (NBA) have demanded the resignations of Chief Justice Hari Prasad Sharma for that , respective stances at separate international fora on human rights, emergency and the meeting of NBA ,the exucative Member of NBA has demanded of chief Justice resignations.
"The political speech is extremely serious and objectionable. No Chief Justice should support emergency. He must step down," president of NBA Shambu Thapa said addressing a program organized by Nepal Bar Association. Thapa also expressed serious concern about the independence of the judiciary. "If CJ Sharma and other justices cannot defend the independence of the judiciary, they must resign." he told .
Most of the Legal experts have expressed serious concerns over declning supremacy of the constitution and the independence of the judiciary, and called on all to unite to preserve the 3rd estate of the country.
"Independence of the judiciary, rule of law and the very preamble of the constitution have been mocked in recent days," all of them said .
CJ Sharma, addressing an international conference of chief justices from Asia and the Pacific, had given a political speech, supporting the king's February 1 move as well as disparaging political parties. The speech has been criticized by all sections of society.
So that to make the independence of the judiciaryand free politices in courts , "CJ should resign for his remarks,"

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Friday, April 01, 2005


Non-suspended rights can be entertained: SC
Kathmandu march 31-In a landmark judgement, the Supreme Court (SC) on Thursday held that the apex court entertains writ petitions pertaining to the people’sfundamental rights that have not been suspended under the state of emergency.A five-member of Chief Justice Hari Prasad Sharma and Justices Bhairab Prasad Lamsal, Min Bahadur Rayamajho, Anupraj Sharma and Balaram KC special judicial bench of the SC held there were no legal or constitutional obstacles for the apex court to entertain writ petitions related to fundamental rights other than those that remain suspended as per the order of the State of Emergency imposed on February 1.People’s fundamental rights including the right to movement, right to peaceful assembly, right to press and publications, among others, remain suspended under the state of emergency.Earlier, the court’s administration had declined to register writ petitions produced before the court under not suspended rights.

Royal Commission arrests three govt officers on corruption charges
Kathmandu march 31-The Royal Commission for Control of Corruption (RCCC) Thursday arrested three government officials on corruption changes.According to the commission, director general of the Forest Department, Jamuna Krishna Tamrakar, and chief accountant of the department, Bhagiraj Ingnam, were arrested this afternoon while accepting bribes. They were arrested following a complaint, officials said.Similarly, Purusottam Shahi, a divisional engineer at the Bagmati Irrigation Project was arrested by the commission on corruption changes. He was arrested from Koteshwor in the afternoon.Meanwhile, the commission today issued arrest warrant against former minister Rajib Parajuli, alleging him of amassing huge amount of property without disclosing the sources.

RCCC submits report on judge Karna to King
Kathmandu March 30- Royal Commission for Corruption Control (RCCC) Wednesday presented its report to the King after completing its investigation on Pyuthan District Judge Birendra Kumar Karna, the Commission said.
Meanwhile, the commission said it will issue arrest warrants against the 21 persons who defy summons to explain accepting cash allowance on the eve of dasain festival from ministers of the Deuba government last year.

CIAA files cases against seven persons at Special Court
KATHMANDU, March, 29: The Commission for Investigation of the Abuse of Authority (CIAA) today filed separate cases at the Special Court against seven persons involved in misappropriation of about US$ 600,000.Four persons, including the then manager at the Rastriya Banijya Bank Bhotahiti branch Tirtha Prasad Neupane, were charged with misuse of US$ 487,750 by repeatedly altering an LC issued in the name of Singha Devi Enterprises to import computer parts.Likewise, the Commission also filed cases against three employees of Electricity Development Department under the Ministry of Water Resources for causing a loss of US$ 115,000 to the government.The then director at the Department, Khaman Singh Bhandari, and chief divisional engineers .

Case against the RCCC
Kathmandu, March 29-A petition challenging the act of Royal Commission on Corruption Control (RCCC) to arrest and try a sitting judge was filed at the Supreme Court Monday .
Advocate Purna Chandra Poudel argued that the RCCC has acted ‘unconstitutionally’ and beyond its jurisdiction by detaining judge at the district court of Pyuthan, Birendra Lal Karna, on charges of corruption
The apex court is to hear on the writ petition on Tuesday.
As per the country’s constitution, only the Judicial Council—led by the Chief Justice of the Supreme Court-- can investigate into cases of corruption or other allegations against the judges.

Corruption in judiciary: Chief Justice
Kathmandu March 28-Chief Justice Hari Prasad Sharma has said the arrest of the judge of the Pyuthan District Court on corruption charges might be a hint that the judiciary is not free from corruption.
“The incident has created an impression that corruption does exist in the judiciary,” the Chief Justice who returned to the capital after participating in a conference of the chief justices of Asia and the Asia Pacific nations in Australia told reporters at the Tribhuvan Airport Monday afternoon.
Commenting on the judge’s arrest, Sharma said, “If there is a rotten fish in a pond. We must remove it.” When asked whether the RCCC’s action against the judge was justifiable, Sharma counter-questioned: “Are you not supposed to face action when you indulge in corruption?”
Responding to another question, he said he would first study the matter before asserting whether the RCCC action amounted to interference into the authority of the Judicial Council.
Sharma claimed that the Judicial Council was keeping a close eye against corrupt persons within the judiciary.
In another news,Nepal Bar Association (NBA )said that initiated against the Pyuthan District Court Judge Birendra Kumar Karna by the Royal Commission for Corruption Control (RCCC)is againest rule of law and assault on the independence of the judiciary .

Same as , A spokesman of the Royal Commission said that the Commission has started taking deposition from the judge at its office in Kathmandu. Prem Raj Karki said the deposition will continue till Tuesday.

Court orders release
Kathmandu, March 28-Supreme Court on Monday has ordered release of two students and a youth activist affiliated to opposition political parties,In response to separate haebus corpus petitions.
Upon hearing on the petition filed on behalf of student leader, Medini Sitaula, a division bench of the apex court, comprising Justices Ram Nagina Singh and Rajendra Kumar Bhandari, held that Sitaula had been detained illegally and ordered his immediate release.
Advocate Radheshyam Adhikary and advocate Dinesh Tripathi pleaded on behalf of Sitaula in the apex court.
Meanwhile, the apex court has also ordered release of student activists, Lochan KC, and Mahesh Devkota—affiliated to ANNFSU, the student wing of the CPN (Marxist-Leninist) .

SC order on conditional polygamy law
Kathmansu, March 24 -The Supreme Court said Number 9 of the Marriage Section of the Civil Code (11th amendment) which recognizes conditional polygamy is "contradictory" as far as the spirit of equality enshrined in Article 11 of the Constitution, 1990 is concerned. In other words, conditional polyandry is not allowed.
"Make the provision in the Civil Code compatible with Article 11 of the Constitution," a Special Bench comprising acting Chief Justice Bhairav Prasad Lamsal, Justices Min Bahadur Rayamajhi and Bal Ram KC said passing a directive order to the government.
As per the directive order, the government is required to make the provision in the Civil Code compatible with Article 11 with the help of studies and in consideration of the social context.
The apex court’s conclusion was that the Civil Code does not allow women to practice polyandry, which men can resort to on certain conditions.The provision in the Civil Code has set the conditions under which men can marry for a second time without divorcing the first wife. (It is legal for men and women to get married after divorce but illegal to marry the second time without getting divorced). According to conditions, men can practice polygamy if the first wife becomes physically and mentally disabled or contracts an incurable sexually transmitted disease. Similarly, polygamy is legally acceptable for a man if his first wife becomes blind; or a government medical board proves her infertility. This however, does not apply to women.
According to the Civil Code a woman convicted of (conditional) polyandry can be slapped with 1-2 months of jail and Rs 10,000-20,000 fine. A woman can marry for the second time only after getting divorced.
Writ petition was filed by advocates Chandra Kant Gyawali, Shyam Narayan Shrestha and Yashoda Banjade.

Titles are legal: SC
Kathmandu March 19-The Supreme Court has said that the titles of petty kings (rajautas) in the country were in accordance with the law.The verdict was issued in response to a public interest litigation filed in March 2002 by advocate Om Prakash Aryal, challenging the titles and facilities being enjoyed by petty kings.“(As per the constitution), the titles, honors or decorations to be conferred on behalf of the state shall be conferred by His Majesty. Since they have lost their states it is not unreasonable to confer such titles on them,” a three-judge special bench issued the verdict, on Thursday, saying that His Majesty King, as per Article 123 of the constitution, could confer such titles and nobody had right to challenge His Majesty’s action.
The bench, comprising justices Min Bahadur Rayamajhi, Sharada Prasad Pundit and Paramananda Jha, also made it clear that such entitlement did not violate the right to equality of any citizen.

Jailed for abusing blind girl For 10 years
BAGLUNG, March 16-District judge Karunanidhi Sharma delivered the verdict Monday aginest Teacher Kamal GC, in custody for one year, has been sentenced to a 10-year jail term for sexually harassing a blind girl student at a hostel of which he was in-charge ,kamal is a teacher at Janata Higher Secondary School in Balewa.