SC strictures on citizens’ detention
KATHMANDU, Apr 1 - The Supreme Court has stated that it is "inappropriate" on the part of the state to arrest citizens in an arbitrary manner and strip them of their personal liberties in violation of the constitution and laws in the name of state of emergency.
"It is inappropriate and unconstitutional to strip citizens of their personal liberties, arrest and detain them in illegal and arbitrary manner; to deprive a detainee from his right to being informed of the reasons of his arrest at the earliest possible, and meeting a lawyer of his/her choice; to refrain a detainee from his right to be presented before a judicial authority," the apex court said in its full text verdict of a habeas corpus case.
The full text of the verdict was prepared Friday by Justices Anup Raj Sharma and Arjun Prasad Singh on the habeas corpus case of child rights activist Gauri Pradhan. Pradhan was released.
It also said the declaration of emergency, and any order issued during an emergency period by the king, which remain effective as law throughout the emergency stretch, cannot limit habeas corpus since habeas corpus is an independent constitutional provision.
The Supreme Court also ruled that only the chief district officer not the police can exercise the Public Security Act. Lawyers said that in many cases police have been found exercising the Public Security Act to detain supporters of democracy.
Judicary has not dicided yet Kathmandu
April 4 -As government has made decission to cut sunday holidays in Kathamndu from new year ,judicary has not dicided yet to cut sunday holidays in courts of kathmandu. The dicission of holiday in court of Kathmandu was made in 1995 by full courts .
Judicial Council start investigation over judge
Kathmandu April 4-Judicial Council (JC) has started investigation in alleged bribery by a sitting judge from today,after His Majesty King Gyanendra has sent the report to JC presented to him by the Royal Commission on Corruption
Secretary to the Judicial Council, Kashiraj Dahal said today , that the Council has meet to investigate and probe into the case of alleged corruption involving judge of the Pyuthan district court, Birendra Kumar Karna, and form one man investigation commitee under justice Min Bahadur Rayamajhi .and he have to submit report in one month and then take necessary action agianst Birendra Kumar Karna, accordance with the country’s constitution and existing laws.
Another contempt of court case
Kathmandu, April 4 - Another contempt of court plea against the Royal Commission for Corruption Control (RCCC) and its chairman and members has been filed in the Supreme Court accusing the royal anti-graft panel of taking up a case already in consideration of the Supreme Court.
A similar contempt of court case against the royal anti-graft panel was filed in the apex court last week regarding its action against the Pyuthan district court judge.
Advocates Madhav Kumar Basnet and Sudip Paudel filed the fresh contempt of court plea at the apex court on Monday.
Meanwhile, Basnet and Paudel also filed a writ petition in the Supreme Court today seeking the court to issue an interim order to stop the action initiated against six former ministers.
Royal Commission detains four corruption suspects
Kathmandu April 4-The Royal Commission for Control of Corruption (RCCC) Monday handed detention orders to four persons accused of embezzling government funds.
The commission interrogated the director general of the Forest Department, Jamuna Krishna Tamrakar and the department’s chief accountant, Bhagiraj Ingnam, who were arrested on March 31 on graft charges.
The commission sent both of them to custody following interrogation.
The anti-graft panel also interrogated Purusottam Shahi, a divisional engineer at the Bagmati Irrigation Project who is accused of financial irregularities. The commission officials said they have confiscated Rs.300,000 ‘graft money’ from his house at Koteshwor.
Shahi was arrested on March 31. He was sent to custody after interrogation.
The commission also quizzed Ashok Jha who was arrested a few days ago while extorting money posing as a RCCC officer. He, too, was sent to custody.
Similarly, Narayan Aryal, one of the 22 recipients of donation provided by some ministers of the ousted Sher Bahadur Deuba government during last Dashain festival, went to the commission to record his statement today.
Dr Mohammad Mohsin, a minister of then Deuba government who had offered cash to Aryal as ‘Dashain donation’ paid bail on the latter’s behalf.
Judicial Council investigates six judges
Kathmandu, 4 April- Discussion has started in the Judicial Council to initiate action against six judges, Pyuthan District Judge Birendra Kumar Karna, for corruption and acts unbecoming of their position. The Council has formed an inquiry committee to investigate Judge Karna. Discussion has started in the Judicial Council on Humla judge Kedar Pyakhurel, Solokhumbu judge Ramesh Pokhrel, Bajura district judge Ganesh Panjiyar and Khotang distict judge Muktinath Sharma.
Show cause agianst government
Kathmandu, April 5- Today SC has ordered government to submit reason for stoping mobile telephone . The writ petition was filed by advocate Dinesh tripathi agianst government for stop mobile comunication after feb1,2005 .
Advocate Dinesh tripathi argued that the government has acted ‘unconstitutionally’ and beyond stop mobile telephone
SC order on RCCC case
Kathmandu, April 5 - The Supreme Court Tuesday ordered its administration to present the case against Royal Commission for Corruption Control (RCCC) with the subjudice writ petition relating to the distribution of Dashain allowances by six ministers during the tenure of the last Sher Bahadur Deuba government.
The SC's order was in response to a writ petition questioning the constitutionality of the actions initiated by RCCC against the six former ministers. A single bench of Justice Ram Prasad Shrestha passed the order in response to a writ petition that accused the RCCC of taking up a case that is being considered by the Supreme Court.
Chief Justice lashes out at political parties
Kathmandu, 7 April-Chief Justice Hari Prasad Sharma in his recent 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.He said the judiciary should be the nation’s secure center at a time when it is encountering difficulties.
SC issues interim order on Dhaunga’s petition
The Supreme Court Thursday issued an interim order on a writ petition filed by Daman Nath Dhungana, former speaker of the House of Representatives, challenging the government restriction on him from going abroad.Dhungana, a senior advocate and one of the architects of the constitution of 1990, had moved the court last month after he was barred from boarding a flight for the United States where he was to participate in a conference on invitation.
A single bench of Justice Min Bahadur Rayamajhi issued the interim order asking the government not to impose travel restriction on Dhungana and other human rights workers. Advocates Radheshyam Adhikari and Dinesh Tripathi had debated from Dhaungana’s side.
His case remained stuck at the apex court as the debate whether to entertain writ petitions seeking legal remedy on non-suspended rights in the context of the state of emergency went on. The court had opened debate on the case following a ruling last week to accept writs concerning non-suspended civil rights.
Yesterday in SC
Kathmandu, April 7 - The Supreme Court on Thursday ordered the Royal Commission for Corruption Control (RCCC) to furnish a written reply on its probe into the alleged irregularities in the distribution of Dashain allowance, despite the fact that the case was being considered by the Supreme Court.
As per the apex court order, the royal anti-graft body and its office bearers are required to send a written reply within 15 days through the Office of the Attorney General.
Justice Min Bahadur Rayamajhi passed the order in response to a writ petition blaming the RCCC of taking up a sub-judice case, an act which is subject to contempt of court. Though an interim order was sought on the writ petition, the court did not pass any order to stay the probe in the distribution of Dashain allowances from the Prime Minister's Assistance Fund. The Fund is originally meant for the poor and helpless.
Same as, SC has order to released for Kundan Raj Regmi ,President of Pasupati Bahumukhe Campus .Justice Kedar prasad Giri and JusticeKhil Raj Regmi has order in response to a writ petition.Kundan Raj Regmi was arrested by nepalese police few week ago.
CJ Sharma under fire
"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."
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.
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.
Same as President of Nepal Bar Association (NBA) Shambhu Thapa, on Friday, demanded resignation of Chief Justice Hari Prasad Sharma for the latter's political speech in Australia.
"The political speech is extremely serious and objectionable. No Chief Justice should support emergency. He must step down," Thapa said addressing a program organized by Nepal Bar Association. On the occasion, Thapa 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." Kathmandu, April 8 - Chief Justice (CJ) Hari Prasad Sharma is under fire from jurists for "breaching" the constitution and violating the code of conduct of judges by delivering a "political speech" at an international conference held recently in Australia.
RCCC receives nearly 1800 complaints
Kathmandu April 9-The Commission for Control of Corruption (RCCC) has received a total of 17,74 complaints until Friday. Investigation on these complaints is underway, according to officials.Commission spokesman Prem Raj Karki told the media Friday that The commission will soon investigate into these complaints and investigators will be sent to fields to obtain evidences.
Meanwhile, according to Karki, the commission is preparing to summon Dhruba Bahadur Shrestha, executive director of the Melamchi Drinking Water Project, for further explanation over financial irregularities while awarding contracts for the construction of the access road. Then secretary of the Ministry of Physical Planning and Works, Tika Dutta Niraula, and incumbent deputy executive director of the project have already been quizzed in connection with corruption.On Friday, the commission interrogated Shanta Muni Tamrakar, district forest officer (DFO) of Kavre, on suspicion of corruption during his stint at the Department of Forest.The Commission has already interrogated the director of the department, Jamuna Krishna Tamrakar, chief accountant Bhagi Raj Ingnam and Kathmandu DFO, Kamal Bhakta Shrestha on bribery charges. Jamuna Krishna and Ingnam are now out on bail. CJ Sharma ignores call to quit
Kathmandu April 10- Chief Justice (CJ) Hari Prasad Sharma has said he was not disturbed by the demand for his resignation by some legal experts who have accused the CJ of failing to preserve the independence and dignity of the judiciary.
CJ Sharma was in controversy over his speech in Australia where he defended the February 1 royal move.
Responding to the recent reports on his speech in Australia, the CJ said what he spoke there was for the ‘sake of honesty.’
Sharma said this amid a program organized to felicitate him by Gautam Samaj in the capital on Saturday.
Cases being registered against eight Maoists
Kathmandu, April 11 -Government presented cases against three senior Maoist leaders and five workers demanding life-terms with confiscation of their property at the Patan Appellate Court Monday; the cases are being registered Tuesday.The charges are being filed against senior leaders Ram Bahadur Thapa alias Badal, Agni Sapkota and Prabha Kiran, Prakash Aditya, Ram Kumar Karki, Debi Prakash Dhakal, Nabaraj Dhakal and Ramesh Kumar Shrestha.Cases are being registered for their involvement in the murder of Jaya Bahadur Rawal.But legal sources said a case is not being filed against Drinking Water and Sewerage Dept Director General Hareram Koirala; investigation revealed he was not involved in the conspiracy to murder Rawal. RCCC again summons defiant six Kathmandu, April 12 -RCCC Monday again issued seven day notices to six persons who accepted dasain largesse from six ministers in the government of Prime Minister Sher Bahadur Deuba in 2004 to present themselves before the Commission. The Commission said Tulsi Khanal, Chetraj Bajal, Kumar Rai, Indramani Adhikari, Deepak Kumar Bista , Bhikari Mansur, Harkha Bahadur Bista and Dutta Bahadur Rokaya had disregarded summons.The Commission Monday again questioned six ministers.
His Majesty appoints judgeKathmandu,
April 12- His Majesty the King has, in accordance with the Constitution of the Kingdom of Nepal-1990 and on recommendation of the Judicial Council, appointed Additional Judge at the Appellate Court, Surkhet Cholendra Shumsher JB Rana the judge of the same court.This is stated in a notice issued today by the press secretariat of His Majesty the King
Concern over independence of judiciary
Kathmandu, April 12 - 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.
Speaking at an interaction on Tuesday, they blamed the orders and decisions taken by the government after February 1, the arrest of a judge by a non-judicial body, and Chief Justice Hair Prasad Sharma for bringing the judiciary to a state of questionable repute. They also accused the chief justice of violating the constitution and code of conduct of judges by giving a political speech in support of the king, at an international conference on March 20. They were speaking at an interaction entitled "Independence of the Judiciary and Supremacy of the Constitution" organized by all bar units of Kathmandu valley.
"Independence of the judiciary, rule of law and the very preamble of the constitution have been mocked in recent days," former law minister Subash Nemwang, who is also a CPN-UML leader, concluded.
He asked the chief justice to tell the people which article, in his opinion, allows the king to assume executive powers. Besides, he asked, "He must explain to the people on which constitutional ground he supported the king's move." Nemwang also claimed that people cannot get justice now in cases questioning the legality and the constitutionality of the government's post-February 1decisions and orders.
He further questioned, "Why can't the same code of conduct that applies for the Syangja district judge be applied for the chief justice?" He was referring to the case of Syangja district court judge Chitra Dev Joshi against whom a probe has already been begun. Judge Joshi has been accused of misconduct for his alleged "political" speech in a public program in Syangja three months ago.
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.
Speaking on the same occasion, Senior Advocate Radhe Shyam Adhikari predicted that attacks on the judiciary would increase if the judiciary keeps on showing its incompetence to resist such attacks.
Justice Lamsal to retire 20 April
Kathmandu, 14 April- Supreme Court Senior Justice Bhairab Prasad Lamsal will retire 20 April after reaching superannuation age, vernacular daily Nepal Samacharpatra reports.He is retiring one and a half months before the retirement time fixed by the Judicial Council.The Council had fixed his retirement date 31 May.
Movement of Dhungana restricted
Though the Supreme Court (SC) had issued notice not to bar former speaker of the House of Representatives and rights activist Daman Nath Dhungana to fly anywhere within the country, security forces stationed at the Tribhuvan International Airport (TIA) Thursday barred Dhungana from flying to Pokhara.
According to a statement issued by the Human Rights Organization of Nepal (HURON), Dhungana was stopped at the TIA from flying to Pokhara.
On April 7, the SC had ordered the authorities not to bar Dhungana from going abroad or anywhere within the country.
RCCC officials not to take pension
Kathmandu, Apr. 15: The office-bearers of the Royal Commission for Control of Corruption (RCCC) have decided not to take pension from the government since the date they assumed office.The decision was taken after concluding that it would not be proper to continue receiving the pension amount as a monthly remuneration and other allowances is provided for the office-bearers working for the Commission, it is learnt.The Commission chairperson Bhakta Bahadur Koirala and members Shambhu Prasad Khanal, Raghu Chandra Bahadur Singh and Haribabu Chaudhary are pensioners of His Majesty’s Government.The office-bearers had joined the Commission on February 21. The Commission was constituted on February 16, 2005.
Same as, Jamuna Krishna Tamrakar, director general of the department of forest and Bhagirat Ingnam, chief accountant of the department reported to the Royal Commission for Control of Corruption (RCCC) Friday.The commission had released them on bail on April 6 after seeking explanation in connection with the alleged corruption at the department.Similarly, Purushottam Shahi, divisional engineer of the Bagmati Irrigation Project reported to the commission who was also released on bail on the same date after seeking explanation on charges of alleged corruption, the commission said.
Investigations of two judges start
Kathamndu, April.16-The one-man committee headed by Supreme Court Justice Min Bahadur Rayamajhi formed to investigate into the cases related to Syangja district judge Chitra Dev Joshi and Pyuthan district judge Birendra Kumar Karna has started its work.According to the Royal Gazette of April 11, Joshi has been accused of failing to uphold the code of conduct of a judge. Joshi had resorted to impropriety and indecency while speaking at a public meeting organised on the occasion of Prithvi Jayanti and National Unity Day on January 11.Similarly, judge Karna was caught red handed by the Royal Commission for Control of Corruption while accepting Rs. 20,000 to set free two persons convicted of robbery in Pyuthan district.The Judicial Council had formed the committee on April 4 to investigate into the cases, Kashi Raj Dhal, secretary of the council, said.
Former minister refuses to appear before RCCC
Former minister and leader of Nepali Congress (Democratic), Prakash Man Singh, has refused to appear before the Royal Commission for Control of Corruption (RCCC) questioning its constitutionality.
In a statement issued on Monday, the former minister said "since the unconstitutional RCCC came into being with an ill-intention of character assassination of pro-democracy leaders and is completely directed by political biasness, I have decided not to appear before the RCCC." Singh further said, "There had been no irregularities and international norms had been fulfilled while awarding the contract."
The RCCC on Monday had called Singh to appear before it for interrogation in connection with alleged corruption whhile awarding contract for the construction of the multi-billion rupee Melamchi Drinking Water Project.
It is the first such incident when a political leader has refused to appear before the RCCC since it was set up on 16 February this year.
The Commission enjoys powers equivalent to a special court.
Critics, however, say empowering the Commission with the authority to investigate, prosecute and punish a culprit on charges of corruption is against the basic norms of rule of law.
Legal professionals across the country decried the Commission last month for arresting a sitting judge at the District Court of Pyuthan on charge of corruption. As per the country's constitution, only a judicial council can probe into alleged irregularities committed.
Royal Commission summons ex-PM Deuba Kathmandu April 19 -The Royal Commission for Control of Corruption (RCCC) Tuesday issued summon order to ousted prime minister Sher Bahadur Deuba for interrogation in connection with ‘arbitrary distribution of Dashain expenses’ during his tenure.According to media reports, Deuba has been asked to appear before the commission within 24-hours. Deuba, according to commission officials, is also likely to be interrogated for irregularities in selecting the contractor for the construction of the access road of Melamchi Drinking water Project. but Deuba reject that summon order to recive.
Deuba is the most senior political figure to be summoned by the anti-graft body since its formation two-and-half months ago. The commission has already interrogated six ministers of then government led by Deuba for disbursing ‘Dashain expenses’ to their party cadres and relatives from the Prime Minister’s Relief Fund. The six former ministers – Purna Bahadur Khadka, Dr Mohammad Mohsin, Yuba Raj Gyawali, Hom Nath Dahal, Badri Mandal and Jog Mehar Shreshta - and the beneficiaries of Dashain were released on bail after several rounds of questioning.
On Monday, the commission had summoned then physical planning minister Prakash Man Singh, a leader of Deuba’s party, the Nepali Congress (Democratic), for interrogation on suspicion of irregularities in the Melamchi project. Singh, however, refused to appear before the commission, insisting that the commission was up to harassing political opponents.
Former minister Gupta freedKathmandu, 19 April- Former minister Jayaprakash Prasad Gupta was freed Tuesday evening after a Supreme Court order earlier in the day, vernacular daily Nepal Samacharpatra reports. A two-man bench of the Court ordered Gupta’s release. Gupta was arrested 12 February after a public security offence notice was served on him
Experts for resignation of CJ Sharma, NHRC chief Khatri
Kathmandu, April 19 - Legal experts here have demanded the resignations of Chief Justice Hari Prasad Sharma, and chairman of National Human Rights Commission (NHRC) Nayan Bahadur Khatri, for their respective stances at separate international fora on human rights, emergency and politics.
Chief Justice Sharma, addressing an international conference in Australia, defended the king's move of February 1. Likewise, NHRC chairman Khatri, addressing the ongoing UN conference on human rights in Geneva, defended the poor human rights records of the country, and supported the emergency in which most of the fundamental rights stand curtailed. The remarks of the chief justice and NHRC chairman have drawn severe flak from pro-democratic forces.
"Both should resign for their remarks," Shambhu Thapa, president of Nepal Bar Association (NBA), said Tuesday. He was addressing a talk program on "Emergency and Human Rights", organized by NBA branch at Patan Appellate Court.
Former Supreme Court Justice Laxman Prasad Aryal said that the human rights situation has deteriorated since February 1.
Human rights activist and Senior Advocate Bishwa Kant Mainali, accused the government of violating the constitution. "The present rule is not guided by the constitution. It is a rule of decrees," he said. The Supreme Court and NHRC have become committee institutions of the government.
Another Senior Advocate Radhe Shyam Adhikari questioned the constitutionality of the ongoing emergency.
Human rights activist Subodh Raj Pyakurel, informed the gathering that killings had increased by 67 percent after February 1.
CPN-UML leader Subash Chandra Nemwang, urged the Supreme Court to punish those authorities who have disobeyed the apex court's orders. He was referring to the case of Senior Advocate Daman Nath Dhungana, who was prevented from leaving the country despite a Supreme Court order to authorities not to enforce travel restriction on Dhungana.
Writ against the ban on FM news broadcasts
Kathamandu April 20- writ petition has been filed at the Supreme Court challenging the government’s decision to impose ban on the news broadcasts over the FM radio stations in the country.
In his petition registered at the apex court on Tuesday, central committee member of the Federation of Nepalese Journalists (FNJ), Binod Dhungel, has questioned the constitutionality and legality of the government’s ban on broadcasting news, interviews and discussion programmes etc. for a period of six months after the imposition of the state of emergency on February 1.
Dhungel, a radio journalist, argued that the said order was in contravention of the National Broadcast Act 2049 B. S. and regulations and right to equality and right to life (livelihood) guaranteed by the country’s constitution.
He ahs also demanded that the court declare null and void the said order.
Preliminary hearings on the case are to take place on Wednesday.
FM radio station operators say the government’s ban has had adverse impact upon over 50 private and community radio stations around the country. They say hundreds of journalists have lost their jobs following the government ban.
SC issues show-cause notice on ban on FM newscasts
The Supreme Court issued show-cause notice to the government, asking for clarification on the ban on news programs on F.M radios Wednesday.
A single bench of Justice Arjun Prasad Singh passed the decision based on a writ petition filed by Binod Dhungel, a journalist. The court asked the government to come up with an explanation before Monday. The court also summoned the defence attorney for consultation regarding the further proceedings of the case.
Dhungel in his writ filed on Tuesday had argued that the a directive of the Ministry of Information and Communication issued on February 2, banning the F.M stations from airing news and opinion programs, was against the provisions of the constitution, the National Broadcasting Act (2049 B.S) and the Broadcasting Regulation 2052 (B.S). The petitioner had demanded an interim order to end the ban.
Over 1000 radio journalists have been rendered jobless following the government ban on news programs on F.M radios.
Boycott courts till Chief Justice quits: Lawyers
Kathmandu, April 21-Senior advocates and former presidents of the Nepal Bar Association (NBA) yesterday urged the lawyers’ umbrella organisation to launch protest programmes, including boycotting of courts, demanding the resignation of Chief Justice Hari Prasad Sharma.Speaking at a programme organised by the NBA seeking the lawyers’ suggestions on the steps to be taken regarding the CJ’s actions, the legal eagles urged the NBA to take stern action against the CJ and demand his resignation for failing to protect the independence of the judiciary.“The NBA should launch programmes to boycott the courts till he is ready to step down,” former NBA president Harihar Dahal said. He suggested launching of other protest programmes, too.One of the drafters of the 1990 Constitution and former speaker of the House of Representatives, Daman Nath Dhungana, said, “Our president has already sought his resignation, now we have to launch other protest programmes to put pressure on him.”Former minister of law, justice and parliamentary affairs Subash Chandra Nembang said, “Unless we boycott the courts, he will not be ready to resign.” Senior advocate Shreehari Aryal suggested boycotting the CJ but not the entire judiciary. Senior advocates Sindhu Nath Pyakurel and Khem Narayan Dhungana were firm there should be no compromise saying they cannot accept a CJ who had lost the public’s confidence. Senior advocate Ratanlal Kanaudiya said the CJ’s speech in Australia was objectionable.Senior advocate Bishow Kanta Mainali, who was with the CJ in Australia, said the CJ did not give him a copy of the text of his speech even after several requests.At the end, NBA president Sha-mbhu Thapa said the NBA would set a deadline for Chief Justice Sh-arma to resign. “After it expires, we will be compelled to launch pro-test programmes.”
Same as ,Supreme Court Justice Bhairab Prasad Lamsal was superannuated Wednesday.Lamsal prepared a dossier on the assets of politicians and officials as head of a high-level judicial commission; the dossier is the basis of action for unaccountable wealth of politicians and officials.Justice Lamsal retired after a 43-year service on reaching 65 years.Justice Kedar Giri has been appointed member of Judicial Council, the Supreme Court said. Ex-Minister Prakash Man Singh arrested Kathmandu, April 21-An influential minister o, Prakash Man Singh, is arrested today from his residence in the aftermath of defiance to the warrant of Anti-Corruption Royal Commission.Policemen from nearby Sorakhutte post raided Singh's residence at Chaksibari at 10:20 A.M and arrested him. Right after his rigorous defiance, he had been kept under close watch. Cops led by an inspector took Singh, central member of Nepali Congress (Democratic), in a van and submitted to the Commission. Singh would be interrogated this afternoon and led to the custody, Commission sources say.Meanwhile, Royal Commission has been making fleeting preparations to arrest dethroned Primeminister Sher Bahadur Deuba, doing the same as to Singh. Deuba, likewise, defied the warrant. Both had been called for interrogation into the issue of Melamchi Project.Elsewhere, Congress (Democratic) is holding its central Committee meeting from the early morning.The meeting, primarily fixed on the agenda of sturdy movement for democracy, is known to take a feverish mood after Sing's arrest.
SC directs govt to enact laws on untouchability
Kathmandu April. 21: The Supreme Court directed the government to enact the relevant laws that would address the problems of the so-called lower caste people (dalits) as per Article 11(4) of the Constitution of Nepal 1990.The government has been instructed to enact the laws after considering different national and international treaties.The court issued the instructions after responding to the public interest litigation (PIL) filed by the Lawyers National Campaign Against Untouchability, which has sought court orders to formulate suitable laws and regulations to abolish caste discrimination and untouchability.A special bench comprising of Justice Min Bahadur Rayamajhi, Khil Raj Regmi and Balaram K. C. issued the order today.
SC provide Compensate flood victims
Kathmandu, April 22 - The Supreme Court on Thursday ordered the Royal Chitwan National Park (RCNP) to provide compensation to 685 families living in the buffer zone who were affected by floods in the Rapti River.
The Rapti River has affected about 2445 bighas of land yet the people have not been provided compensation though the park requires RCNP to rehabilitate the victims
of any natural disaster within the park area from the buffer zone
fund. The park's income sustains the fund. But the park has not done so for the last one decade, the court observed.
A division bench of Justices Dilip Kumar Paudel and Badri Kumar Basnet passed the order.
Former Bar president barred from flying internal
Kathmandu April 23- Former Bar president hariharDahal Barred from flying to pokhara today.Security personnel stationed at the internal airport, Kathmandu , barred Advocate Harihar dahal ,who was going to pokhara in one progamme .
Same as yesterday Three legal professionals including a drafter of the country’s constitution from flying to New Delhi on Friday.
Security personnel stationed at the country’s only international airport, TIA, barred former Justice at the Supreme Court, Laxman Prasad Aryal, president of Nepal Bar Association Shambhu Thapa and constitutional lawyer, Bhimarjun Acharya, from flying to New Delhi.
According to Acharya, the trio were scheduled to fly to Delhi aboard Cosmic Air at 7:35 a. m. Friday. Security personnel inquired them for about an hour and allowed them to board the aircraft. But without explaining any reasons, the aircraft was denied leaving the Tribhuvan International Airport for nearly an hour. It was only after Aryal, Thapa and Acharya were off-loaded from the aircraft that the plane was allowed to fly.
This is the first such incident when eminent professionals have been off-loaded from the plane unceremoniously.Show cause notice on pre-marital blood-testKathmandu, April.22-The Supreme Court issued a show cause notice on Friday to the government including Ministry of Health on the case demanding the enacting of laws to allow people marry only after they presented a blood- test certificate testifying that they were free from HIV/AIDS.A single bench of Justice Anup Raj Sharma issued the notice in response to a public interest litigation (PIL) filed on April 13 by Januka Bhaittrai, Chairman of Divyshwori Society today.The PIL was filed seeking the court’s order to formulate law and provision as per the Marriage Chapter of the Civil Code 1963 where the bride and groom have right to know the health and hygiene of each other in detail before their marriage. But the chapter was not effective due to lack of suitable law, the writ has stated.
NBA for resignation of CJ Sharma,
Kathmandu, April 25 - An organaistion of Legal experts, Nepal Bar association (NBA) have demanded indirectly the resignations of Chief Justice Hari Prasad Sharma yesterday , respective stances at separate international fora on human rights, emergency and politics.in the meeting of NBA ,the exucative Member of NBA has demanded of chief Justiceresignations
Chief Justice Sharma, addressing an international conference in Australia, defended the king's move of February 1.
"He should resign for their remarks," Shambhu Thapa, president of Nepal Bar Association (NBA). 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.
looted in judge house
Kathmandu April-26, Some unindetinfied person in mask with armed weapen has looted judge Ramji tirpathi's house in Tanglafat, Kirtipur yesterday night.
Around 8 pm they came to judge's house and put all the people of the house in one room and took all the money and jwellery.
Judge Ramji thipathi was in surkhet with his family .No detial has geven about the looted amount.
Maskey gets prison term of six monthsBHARATPUR, April. 26: The Internal Revenue Office Bharatpur yesterday reached a verdict on the case brought against Sri Distillery which has been accused of non payment of tens of millions of rupees in revenue.According to the verdict, a total of Rs 872,979,200 is payable by the distillery in excise and other duties.Similarly, first manager of the distillery Mathura Prasad Maskey has been fined Rs. 5,000 and given a prison term of six months as per the Excise Act 2015.If the revenue payable is not paid within 15 days, it will be raised from the distillery’s frozen assets.
Former PM Deuba presented at the RCCC
Kathamandu April 27-Former PM Deuba has been taken to the Royal Commission on Corruption Control (RCCC) office at Naya Baneswore at 11:15 a.m.
Source said former PM Deuba was brought in vehicle plated Ba 1 Jha 6758, with police escort to the RCCC office. There were a few Deuba supporters chanting slogans against the RCCC who dispersed when the police arrived.
Deuba was arrested early Wednesday morning around 2 from his house by plainclothes security personnel.
The Commission on Tuesday had summoned the former premier to appear before them within 24 hours to inquire about a contract regarding the construction of a tunnel of the multi-billion rupee Melamchi Drinking Water Supply Project during his tenure. Deuba, however, refused to appear before the Commission challenging its constitutional and legal status.
Last Thursday, the Commission detained Deuba’s colleague and a former minister, Prakash Man Singh, who also refused to appear before it in the same case. The Commission has since sent Singh into a week-long custody.
Same As,A week after his release, security personnel, Tuesday, took into custody former minister Jaya Prakash Prasad Gupta from his residence in Sinamangal, Kathmandu.
Gupta was released following a Supreme Court order on April 19.
Reports citing his family sources said plainclothes security personnel arrested Gupta from his residence at Sinamangal at 6:30 p.m. citing 'highlevel -orders.'
The reasons for his arrests are not known.
A former minister and NC leader, Gupta has formed a separate party representing the Terai people.
SC Bar’s memo to CJ
Kathmandu, April 28 - The Supreme Court Bar Association submitted a letter of memorandum to Chief Justice Hari Prasad Sharma at the latter's office Wednesday, expressing concern over the independence of the judiciary due to Sharma's political stance in Australia last month.
In the memorandum, the SCBA has stated that Sharma's speech in Australia in March 20 violated the principle of the independence of the judiciary, supremacy of the constitution, and principle of the rule of law.
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. Nepal Bar Association (NBA) has already demanded that CJ Sharma step down. According to NBA, the CJ's political stance has questioned the independence of the judiciary.
Deuba refused to answer the questions
Former prime minister Sher Bahadur Deuba refused to answer the questions asked by the Commission for Corruption Control (RCCC) Thursday.
Deuba who was arrested in a raid early Monday was presented before the RCCC investigators this afternoon but he refused to speak to them, challenging the constitutionality of the anti-graft panel. Sources said RCCC officers Prem Raj Karki and Rajendra Pokhrel had tried to interrogate Deuba. He even refused to have tea and launch at the RCCC office.
After failed attempts to make him answer the questions over the purported corruption while selecting contractors for the Melamchi Drinking Water Project during his tenure and the alleged misappropriation of government funds while distributing ‘Dashain allowances’ to party cadres, the commission today sent him to 7-day judicial custody.
Deuba’s health is said to be deteriorating as he has been boycotting food provided by the RCCC at the detention centre at Police Academy, Maharajganj.
Writ for Upper House meeting presented
Kathmandu, April 29 - A writ petition has been presented before the Supreme Court, seeking an order for calling a meeting of the National Assembly (Upper House) to decide the extension of the state of Emergency.
According to the Constitution, extension of the state of Emergency is possible only with the approval of either the House of Representatives (HoR) or, in its absence, by the Upper House of parliament.
It means that if the government wants to extend the ongoing emergency, approval of the Upper House is required as per the constitutional provision. But the Upper House has not been given any role since 2002.
Advocate Dinesh Tripathi, writ petitioner, claimed that he was told that the petition would be rejected Thursday.
SC seeks reply on Thapa's arrest
kathmandu, April 30 - The Supreme Court on Thursday ordered the Home Ministry to furnish written reply within 48 hours on the arrest of student leader Gagan Kumar Thapa. Thapa was arrested in a pre-dawn raid at his hideout at Sorhakhutte on Tuesday while he was asleep. Two other student leaders were also arrested along with Thapa.
Justice Balram KC passed the order in response to a habeas corpus writ petition seeking Thapa's release. He was hiding in a friend's house to evade the possible arrest.
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