CJ retirement decision today Kathmandu, June 30-The Judicial Council will decide the retirement date of Chief Justice Hari Prasad Sharma today, a council member said today.The Council, which is headed by the Chief Justice, is confused over the date of Sharma’s compulsory retirement, as the Civil Personnel Records (Nijamati Kitabkhana) informed the Supreme Court that Sharma should retire on July 19. But the Chief Justice is planning to take retirement on July 29.“There is a confusion about his date of birth; We will decide about it tomorrow and it will open door to initiate process for picking up next Chief Justice,” the member said. Acting Registrar of the Supreme Court, Dr Ram Krishna Timalsena, said it is the duty of the Judicial Council to decide the retirement date of the Chief Justice. “We are waiting for its decision.”

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News from national online Kathmandu june29- After the power grab by the king in Nepal , Nepal Bar association is the first independent professional organization ,who was against the royal movement . Nepal bar association also lunch attack to chief justice Hari prasad sharma to his speech supporting king movement. First time after the royal movement Gorkhapatra online published one news about NBA should not play into foreign hands: Lawyers-By Prakriti Adhikari. . here is the news, that is published in gorkhapatra online . Many lawyers blamed that Gorkhapatra online have never wrote even single word about lawyers protest for king movement. So they are surprise about this news .Why national online is playing game in this matter is unknown .and give thanks to gorkhapatra online for publishing such news. NBA should not play into foreign hands: Lawyers-By Prakriti Adhikari Kathmandu , June 28: Independent lawyers have stressed that Nepal Bar Association (NBA), an organisation of all the legal professionals from across the country, should not become a ploy of political parties and foreign forces.“The legal profession is very important from the standpoint of the nation and nationality. It is a matter of shame when lawyers forget their duties towards the nation and follow the corrupt politicians and serve as the stooges of foreigners,” they said. In their comments given to Gorkhapatra, sister publication of this daily, they also expressed the concern over the recent activities of office bearers of working committee of NBA saying that they had tarnished the prestige of legal profession.Those who are not satisfied with the government can raise their issue in the court, they said. Some lawyers have been demonstrating double standard; on the one hand they were enjoying monetary benefit from the government as legal advisors while on the other hand, they were protesting against the government in the streets.“The lawyers belong to the nation, not to any sister organisation of a political party,” said Chandra Kafle, member of central executive council of NBA.Advocate Kafle said that the activities of some lawyers had invited fraction within the NBA impeding it from achieving its set goals.“Those who have duty to work in delivering justice to the victims should not act under the instruction of others.”Regarding the Royal move, he said that His Majesty the King took the step in the capacity of the custodian of the state to bail the nation out of crisis. “It was a natural move anticipated by the people and the nation as well. So we all need to support the Royal initiative that reflects nationalism and vision to build the nation.”Member of Supreme Court Bar Association Juktijung Lamichhane said that with the infiltration of foreign elements into the NBA, its members were active to pull down the constitutional system. “Such activities are always discredited by the international community.” To go beyond the professional boundary is to make an attempt to create anarchy, said Lamichhane. He said that it was unfortunate that those who were demanding the rule of law and democracy, and exercising on these values had gone against these principles. He also lambasted the political parties for protesting the elections. “As election is the basic tent of democracy, no one should be surprised over the announcement of polls. Those who failed to take part in the elections were punished by the people and history as well.”Another member of Supreme Court Bar Ganesh Bahadur Dhungana said it was against the norm of bar to join hands with political parties on the streets.Krishna Bahadur Thapa, a member of Appellate Court Bar Association of Patan, said that bar association was an independent and autonomous body. “Thus, the activities being carried out under the inspiration of the political forces will ultimately undermine the fundamental principles of rule of law.”Thapa argued that as per the Legal Profession Code of Conduct—2053, the government should not hesitate to annul the license of advocates who violate the professional ethics.In a similar vein, Puskar Gajurel and Charendra Kumar KC, both the members at Supreme Court bar maintained that some lawyers had gone out of track and were doing politics under the guise of legal professionals.It is up to the people, not the lawyers to support or protest the political moves, they said.KC said that the nation had been reeling under crisis after crisis as the political leaders lacked positive thinking and vision. “We can achieve the development goals through consensus and alliance.”

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Supreme Court order released RC Poudel Kathmandu june 28- Following a Supreme Court order.The government Tuesday released Nepali Congress (NC) leader Ram Chandra Poudel, who had been in police custody since nearly five months. A joint bench of Justices Min Bahadur Rayamajhi and Arjun Prasad Singh issued the release order today afternoon, concluding that Poudel’s detention is illegal. A writ petition was filed at the Supreme Court on June 19 demanding his release. Last Tuesday, the court had issued a show-cause notice over Poudel’s detention. Poudel, a former deputy prime minister, who was arrested on February 2, was being detained in his hometown, Damauli, Tanahun district.

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SC seeks reply from Home Minister Kathmandu, June 27 - The Supreme Court (SC), on Monday, ordered Home Minister Dan Bahadur Shahi to furnish a written reply as to why action cannot be initiated against him over the re-arrest of General Secretary of People's Front Nepal Nawa Raj Subedi in defiance of the apex court's order. The minister is required to reply to the court within seven days, according to the order passed by Justice Min Bahadur Rayamajhi. The order was issued in response to an application filed by Nepal Bar Association President Shambhu Thapa seeking the court to initiate a contempt of court case against the minister and punish him accordingly. Thapa filed the application following the re-arrest of Subedi by plainclothes policemen on June 15, three hours after the SC released him from a month-long illegal detention. Thapa had claimed in the application that Home Minister Shahi defied the court order by re-arresting Subedi. Subedi had been released through a second order last week. There are altogether four such applications against Shahi in the apex court. The court has ordered its administration to present all the cases against Shahi together in the next hearing. The date of the next hearing will be fixed once the court receives a reply from Shahi.

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RCCC verdict -Clean chit to Deuba , ex-ministers and others

Kathmandu june 27-The Royal Commission for Corruption Control (RCCC) has cleared former prime minister Sher Bahadur Deuba and six ministers of his cabinet of the charge of “misappropriating” the Prime Minister’s Relief Fund.RCCC has also given clean chit to the 27 “beneficiaries” of the alleged misappropriation of the PM’s Relief Fund.
A three-member “bench” of the RCCC consisting of the commission’s chairman Bhakta Bahadur Koirala and members Shambhu Khanal and Hari Babu Chaudhari announced the “verdict” to that effect on Monday afternoon.“Though the decision was against the norms and modus operandi (of the government), they cannot be convicted as per the Section 17 of the Nepal Corruption Control Act 2050 BS,” the RCCC said in its decision today.
The RCCC, on May 5, had formally charged Deuba and six ministers of his cabinet- Yuvaraj Gyawali, Homnath Dahal, Mohammad Mohasin, Jog Mehar Shrestha, Purna Bahadur Khadka, and Badri Prasad Mandal- of misappropriating the Prime Minister’s Relief Fund in the name of doling out Dashain allowances to different individuals through cabinet decision.The commission had also charged 27 different individuals who had received the money.
Earlier, the RCCC investigation team in its charge sheet had demanded a jail term of up to three years against Deuba and all six ministers and a penalty sum equalling the “misappropriated” amount.While the six former ministers had furnished bail as demanded by the RCCC and were immediately released, Deuba had refused to do so, challenging the constitutionality of the commission.

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Law on torture must Amend Kathmandu, June 26 - Lawyers and human rights activists, on Sunday, urged the government to amend the Torture Compensation Act 1996 and criminalize perpetrators of torture, so as to provide increasing number of torture victims with proper justice and compensation. Speaking at a seminar on "Situation of victims of torture in the present state of conflict and responsibility of the state" organized jointly by Nepal Bar Association (NBA) and Center for Victims of Torture (CVICT), NBA president Shambhu Thapa said the present government has remained indifferent to the plight of torture victims. Asserting that the government is engaged in proving Nepal as a failed state, Thapa said, "It is useless to think of getting justice for victims of torture without restoring complete democracy." Speaking on the occasion, Bhoj Raj Acharya, coordinator of Patan Appellate Court Bar Association, said, "The (Torture Compensation) Act is incomplete and should be amended to ensure victims the right to justice." Acharya claimed that the present legal system was not sufficient to ensure justice for torture victims. "None of the victims who have filed cases seeking justice have yet been compensated." He also argued that courts should be allowed to implement its decisions on torture victims. He, however, said it was impossible for torture victims to get justice in the present structure of the state.

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Controversy over CJ -editorial Under the article 86.1 of the Constitution of the Kingdom of Nepal 1990, the Supreme Court shall be the highest court in the judicial hierarchy. All the other courts and judicial institutions of Nepal, other than Military Court, shall be under the Supreme Court. The Supreme Court may inspect, supervise and give directives to its subordinate courts and other judicial institutions. Article 88 confers upon the Supreme Court extraordinary jurisdiction commensurate with its status in the constitutional system, and to allow it to enforce fundamental rights and respond to the directive principles and policies of the state. Whatever the system may be, the judiciary is able to deliver the justice to the people defending fundamental rights of the people. From late B.P. Koirala to his many other colleagues have knocked the door of judiciary against the atrocities of state. Nepal's judiciary follows the practices like that of other democratic countries and it adheres to the principal and ideology of all democratic countries. US chief justice Marshall says, “The province and duty of the judicial department, to say what the law is.” All chief justices after 1990 are taking more facilities than they are entitled by the law. All chief justices from Biswonath Upadhyaya to the recently retired Mohan Prasad Sharma, who is to be retired in a couple of days time, are taking the vehicle facility against the law. According to reports, chief justice Sharma is using three more cars in addition to one official Mercedes Benz. According to the regulation any chief justice is entitled to only one vehicle. (Nepal Samacharpatra, December 12, Sunday 1999) Former Chief Justice of the Supreme Court Bishwa Nath Upadhayaya served the Supreme Court for 25 out of the 40 years which he devoted to the legal field. The chief of the drafting team which prepared the present Constitution in 1990, Upadhayaya also headed the eleven- member jury that delivered the landmark verdict of reviving the House of Representatives,dissolved by the first-ever communist PrimeMinister Manmohan Adhikary. former Chief Justice August 28 verdict reinstating the House of Representatives did in 1995. The Communist Party of Nepal (UML), which was in power then , still holds that as a black verdict. Former Chief Justice Mohan Prasad Sharma's period , was the worst period between court and NBA. Many lawyers think that time was a high rate of coruption in court . NBA announced one day pen down program agianst CJ mohan parasd sharma . Chief Justice Mohan Prasad Sharma has said that the court could do nothing to stop the lawyers from resorting to strike. Sharma was talking to BBC on the proposed strike by lawyers. The lawyers of the country have planned for a pen down strike next week to oppose corruption in justice sector. The strike has been called by Nepal Bar Association. (Sarathi, Friday, July 30,1999) Chief Justice Hari parsad 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. The chief justice found himself in hot water over those comments, as he was accused of making a “political speech,” something he as the chief justice should not have done. He was also accused of failing to preserve the independence of the judiciary and violating the code of conduct of judges. Defending his version about Australia CJ Hari prasad sharma quote "National security is the responsibility of the executive government, what action is needed to protect it’s interests is… a matter upon which those upon whom the responsibility rests, and not courts of justice, must have the last word. It is par excellence a non-justiciable question. The judicial process is totally inept to deal with the type of problems which it involves.” [Council of Civ. Service Unions v. Minister of the Civ. Service, AC 374 (1985)]" published in kantipur 2005-04-06 by talking with CJ sharma“Those who are responsible for the national security must be the sole judge of what national security requires. It would be obviously be undesirable that such matters be made the subject of evidence in a courty of law or otherwise discussed in public.” (The Zamora case, [1916] 2 AC 77, at 107)published in kantipur 2005-04-06 by talking with CJ sharma. But still he forget that this two precedent cannot support his view , because when CJ start to give speech as a political person then what will be the left . and how could he forget 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. Obviously when the Chief Justice of the apex court says something with a political connotation, it surely affects the very independence of the Judiciary.Chief Justice is the highly respected post and people regard the holder of that post no less than as the God. Court is the last resort for people if they couldn’t get justice from executives and legislative. Judges give their finest verdicts, even in adverse situation, which sometime can be against powerful state. "Justice without power is inefficient; power without justice is tyranny. Justice without power is opposed because there are always wicked men. Power without justice is soon questioned. Justice and power must therefore be brought together, so that whatever is just may be powerful and whatever is powerful may be just." Blaise Pascall. So question will be arise again and again to all, who will become the chief justice , if he will be free from Controversy . Next constitutional crisis Kathmandu june 26- chief justice Hari parsad sharma is retiring on next month after he turns 65, the age limit for Supreme Court chief justices, said news reports. Just as was the case of the committee that was to recommend new members for the national human rights commission , the Constitutional Council that recommends names for the post of chief justice is missing key members. The council is headed by the prime minister and also includes the leader of the opposition in the Parliament, both of whom are missing. In the case of the NHRC, the government amended the act that dictated how new members would be appointed, filling in for those missing from the recommendation committee. Though there are speculations that something similar might be done for the appointment of the chief justice as well, there are doubts over such a move. “There is a tough question as the country is already facing a grave constitutional crisis,” former Attorney General Motikaji Sthapit was quoted as saying by the Himalayan Times Saturday. “Most of the decisions have already been taken unconstitutionally and as such the people as well as the Supreme Court should think twice about such issues.” “The King may invoke Article 127 again to assign any vice chairman to head the Constitutional Council for the purpose, but that would be unconstitutional,” said Advocate Purna Man Shakya.

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‘Home Ministry lied’-SC Kathmandu, June 25 - Supreme Court Friday said the Home Ministry lied to it regarding Subedi's detention Ordering authorities to release the General Secretary of People's Front Nepal, Nawaraj Subedi. he was released in the presence of the court Registrar Dr Ram Krishna Timalsena. The court found Subedi's detention unlawful. "The Home Ministry itself concealed the information [of Subedi's arrest] as the ministry, which receives copies of such arrests from its subordinate offices, did not mention Subedi 's arrest in its reply to the court," said Justices Anupraj Sharma and Rajendra Kumar Bhandari while passing the written order. the Ministry had maintained that Subedi's arrest was not in its knowledge. But the National Human Rights Commission found him in Lalitpur Police Office on Thursday. Subedi was re-arrested on June 15, hours after he was released through a Supreme Court order. He was first arrested on May 14. The justices said they would speak more about the "ill-intention" of the authorities regarding the deception involved in relation to court orders, or making court orders ineffective, while preparing the full text of the judgment later . Bista files case against Drishti Kathmandu, June 24: Vice chairman of the Council of Ministers Kirtinidhi Bista has filed a case of defamation against the Drishti Media Publication Pvt. Ltd. for publishing unfounded and baseless news relating to him in the latest issue of the Drishti weekly.Vice Chairman Bista has stated that the publication of misleading and untrue news was an attack on the clean image, social dignity and selfless political life that he had earned in his long political career.Urging the respected court to seriously consider the fact that a baseless news published in the name of journalism could jeopardise the pride and honesty gained by an individual in his/her entire life, Vice Chairman Bista has also demanded for compensation in view of the damage that the news has inflicted upon his social pride and honour.

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Chief Justice Sharma to retire 19 july Kathmandu, june 24- Chief justice Hari parsad Sharma will retire july 19 after reaching superannuation age, source reports. Nejamati kitab khana (office of record holder of civil servent) send one letter to CJ about his date of retirement reports.He is retiring ten days before the retirement time fixed by the Judicial Council.The Council had fixed his retirement date 29 july . Same as , judges of supreme court , mostly in their late fifties or early sixties, are learning computer lession. This computer class arranged for apex court justices. All the 17 justices, are taking computer literacy course in the court everyday from 4:30 to 6:30 pm. Their efforts, to keep up with technology in this increasingly tech-savvy 21st century deserves praise. IT consultant, Dipak Timalsena has prepared a 50-hour course to enable judges to present papers through the computer at seminars; to operate e-mail and Internet; make them computer literate so that they can perform their day-to-day office work on the computer.

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Why wrong information to court?

Kathmandu june 23-Even as the government on Wednesday told the Supreme Court that it didn’t arrest Naba Raj Subedi, general secretary of the Janamorcha Nepal (People’s Front Nepal), the National Human Rights Commission (NHRC) officials Thursday revealed that Subedi has been kept at the Lalitpur District Police Office.

NHRC member Sudeep Pathak who met Subedi at the DPO’s custody this afternoon told reporters that the government’s reply to the court was wrong. “The government statement that Subedi is not in custody is wrong. He has been kept at the Lalitpur DPO,” said Pathak. Two other NHRC members were also with Pathak.

According to Pathak, the Janamorcha leader expressed concern over the lack of rule of law and the systematic persecution of political workers by the royal administration.

Subedi was arrested from his party office at Sundhara, Kathmandu, with hours of his release following a Supreme Court order on June 15. Responding to a court order on Wednesday, the government denied knowledge of Subedi’s whereabouts, claiming that it had not arrested him.

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Another student leader re-arrest Kathmandu, June 23 -Voilating Supreme Court (SC) order, plainclothes security personnel, on Wednesday, re-arrested Govind Ghimire, who was released from detention at the Kathmandu District Court premises. Govind's relatives, lawyers and human rights defenders, who had gone there to receive him, were physically assaulted by the securitymen. In the incident, lawyers Binod Shrestha and Ramchandra Giri, and human rights defender Kulman Gurung are injured Responding to a habeas corpus writ petition filed by the Advocacy Forum, the SC, on June 17, had ruled that Govind was detained "illegally" and that he be immediately released in the presence of the District Judge. Meanwhile, Government authorities denied having rearrested Navaraj Subedi, who was released on June 15 following an order of the Supreme Court.Furnishing a written reply to the apex court, the Ministry of Home said it had not done anything that has infringed on Subedi’s personal liberty. “Since the Ministry did not do anything to infringe on his personal liberty, the case should be quashed,” Home Secretary, Chandi Prasad Shrestha, said in his written explanation.The SC had ordered the authorities to produce Subedi before the bench and clarify reasons for his rearrest in response to a habeas corpus petition filed by the president of the Nepal Bar Association, Shambhu Thapa, seeking his release.Thapa claimed that Subedi was rearrested from his party office in Sundhara on June 15 just a few hours after his release. Thapa also said Subedi was kept under detention in the Baudha Ward police office.The Police Headquarters also urged the SC to declare the petition void. Inspector Ganesh Regmi furnished explanation to the SC on behalf of the the Headquarters.

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SC fiat on Paudel issue Kathmandu june 22-The Supreme Court on Tuesday issued a show cause notice to the government asking for clarification over the detention of Nepali Congress leader Ram Chandra Poudel. Deciding on a writ petition filed on Sunday, a SC bench ordered the government to furnish a written reply within three days on Poudel’s detention. The writ petition filed on Sunday had argued that Poudel, a former deputy prime minister, was being detained illegally. Poudel is detained in his hometown Damauli, Tanahun district. Case filed against top Maoist leaders Kathmandu june 22-The government on Tuesday has filed cases at the Appellate Court, Lalitpur, against a dozen Maoist functionaries including Maoist chairman Prachanda and Ram Bahadur Thapa alias Badal. Badal is said to be one of the military strategists of the underground outfit that is waging an armed rebellion for the last nine years. According to reports, a government attorney has made top Maoist leaders defendants in nearly 18-months-old case in which two security personnel were killed in a landmine explosion at Fisling of Chitwan district. A Maoist activist, Ram Bahadur Kumal—said to be involved in the attack-- was also arrested. The government has demanded life sentence and seizure of property of Maoist leaders in the case filed under the Terrorist and Disruptive Activities (Control and Punishment) Act. Authorities say similar cases remain pending in various courts of the country. The government had withdrawn a number of cases against top Maoist leaders during the failed peace talks with the insurgents in early 2003. Petition on National Broadcasting Act filed Kathmandu june 22- A writ petition has been filed at the Supreme Court seeking scrapping of a clause in the National Broadcasting Act (NBA), which contradicts the spirit of the constitution on press freedom. According to the petition filed by advocate Narayan Dutta Kandel, clause 8 (1) of the National Broadcasting Act, which gives power to the authorities to cancel the operating license of broadcasters who air programs in contravention to this Act goes against Article 13 of the constitution. The article guarantees that no publication shall be closed or seized, and registration shall not be cancelled, merely for publishing any news item, article or other reading material. The writ petitioner has argued that though this provision is directly related to the press, it is also applicable to the electronic media since the apex court has already ruled that electronic media is entitled to enjoy the same freedom enjoyed by the print media. "Thus Clause 8 (1) of the Act is against Article 13 of the Constitution, and the court should issue an order scrapping the provision in the Act," the writ petitioner has argued. The writ petition has been filed in the court a week after the government issued a notice to FM operators warning that operating license of those FMs airing news would be cancelled. The news ban is effective since the February 1 royal takeover, causing economic loss to FM stations and many journalists who lost their jobs. The ban has drawn condemnation from journalists, lawyers and other sections of civil society. But the government has been turning a deaf ear to the growing demand to lift the news ban on FM radios.

CIAA files cases against bank officials, businessmen
Kathmandu, June 21 - In a biggest ever scam that the Commission for the Investigation of Abuse of Authority (CIAA) has initiated action against, the anti-corruption watchdog on Monday filed corruption cases at the Special Court against 10 persons-4 Rashtriya Banijya Bank (RBB) officials and six businessmen-accusing them of irregularities.
According to reports, the CIAA has accused them of being involved in a loan scam, which has caused a loss of Rs. 1.38 billion to the RBB.
The persons against whom action has been initiated are former RBB branch managers Radha Prasad Shah and Shiv Charan Mandal and deputy managers Chandra Lal Amatya and Bhairab Prasad Pokharel. Owner of the Mangaturam Group- Mangaturam Agrawal and his sons Subodh, Suresh, Krishna, Narayan and Damodar are also charge sheeted.
According to reports, RBB Rani branch had released Rs 867 million against a collateral worth Rs 168.64 million in 1998.

SC orders written reply from Home Minister
Kathmandu, June 21 - The Supreme Court (SC), on Monday, ordered Home Minister Dan Bahadur Shahi to furnish a written reply as to why a contempt of court case shouldn't be initiated against him over the re-arrest of Karna Bahadur Thapa Magar.
Some plainclothes policemen had arrested Thapa from Kathmandu District Court premises soon after his release through an apex court order on June 8. He was first arrested in October last year. The court had termed Magar's detention "illegal", and ordered his release.
Today's SC order was in response to an application filed by Mandira Sharma of Advocacy Forum seeking initiation of a contempt of court case against Shahi over the re-arrest.
She had argued that the minister defied the court by re-arresting Thapa.
Same as ,A habeas corpus writ petition was registered at the Supreme Court Monday saying NC leader Ram Chandra Paudel is being illegally detained, vernacular daily Kantipur reports.The writ says there aren’t adequate reasons and basis for his continued detention.

SC issues show cause order
Kathmandu, June 21 - The Supreme Court has issued show cause order to defendants, various agencies of the government, in response to a writ petition challenging the government’s order to declare certain areas as “restricted zones.”
In response to a writ petition filed by advocate Dinesh Tripathi, the apex court also decided to give priority to the hearings on the case.
In his public interest litigation (PIL), advocate Tripathi argued that the order issued by the government is unconstitutional and malafide, hence should be declared null and void.He has quoted Article 12.2 (b) of the constitution of the kingdom of Nepal, 1990, which says, “All citizens shall have the freedom to assemble peaceably and without arms.”
The same clause, however, says, “Nothing in sub-clause (b) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty, integrity or law and order situation of the Kingdom of Nepal.”
Advocate Tripathi has argued that the government’s latest order declaring a number of public places in Kathmandu as “restricted zones”—where people have been barred even to organize peaceful assembly or protests—is against the country’s constitution.

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Chief Justice Sharma inaugurating a newly-constructed building

Sunsari, June 20-The Chief Justice Hari Prasad Sharma has said that the task of dispensation of justice was moving ahead in accordance with the needs of the country, time and the situation.Chief Justice Sharma made this remark while inaugurating a newly-constructed building at the premises of the Sunsari District Court here yesterday.Stating the prestige and the very existence of the judiciary would be called into question if the judiciary fails to perform as per its duty and responsibility, Chief Justice Sharma said all those working in the judicial sector should make justice dispensation more effective and also enhance their working efficiency to win the hearts and minds of the general public.The Chief Justice also said that the judiciary was pursuing works regarding the promotion of alternative ways of settling disputes. At the programme presided over by Chief Judge at the Biratnagar Appellate Court Damodar Prasad Dhakal, Koshi Zonal Administrator Rana Bahadur Chand said that the judiciary should ensure the right of the people to get justice.At the programme, senior advocate Bipulendra Chakravarty, central vice-president of Nepal Bar Association Kedar Bhandari among other speakers underlined the need for the judiciary to uphold the rule of law.Presenting a report on the construction of the building on the occasion, District Court Judge Phanindra Datta Sharma said that the one-storied building with four chambers was constructed at the total cost of Rs. 2,800,193.Judges of various district courts of the eastern region and chiefs of offices were present at the programme.
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CJ Sharma refuses to provide copy of speech

Kathmandu, June 18-Chief Justice, Hari Prasad Sharma, friday refused to provide a copy of his speech which he had delivered at the Chief Justices’ Conference in Paro, Bhutan, recently, to journalists who report on legal issues. Sharma refused to give the text of his speech even after the journalists

forwarded a written application to him. “The CJ could not provide a copy of his speech to journalists,” said Sharma’s personal secretary, Shree Krishna Bhattarai. However, Bhattarai produced the journalists’ joint application before the CJ. The CJ had delivered a speech during the three-day conference held from June 11 to 13 in Bhutan. The journalists filed the application only after the Supreme Court spokes-person, Dr Ram Krishna Timalsena, could not provide the text of the CJ’s speech.

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SC to home minister: Furnish written reply

Kathmandu, June 18 - The Supreme Court (SC), on Friday, ordered Home Minister Dan Bahadur Shahi to furnish a written reply as to why a contempt of court case cannot be initiated against him over his May 18 remark.

On that day, the minister, replying to a query on the defiance of the SC order, (detainees who were released by the court were re-arrested), had told journalists at the apex court premises, "The court has not ordered us not to re-arrest released detainees."

The remarks had prompted Advocate Dinesh Tripathi to move the court with a contempt of court application.

Tripathi has argued that the minister "disrespected" the apex court by such an objectionable remark, which is tantamount to contempt of court.

According to the order passed by Justice Min Bahadur Rayamajhi today, the minister is required to furnish a written reply within 15 days. The court has also assigned priority to the case in view of the seriousness of the matter.

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Produce Subedi in court: SC

Kathmandu june 18-The Supreme Court (SC) Friday ordered the authorities to produce People’s Front Nepal (PFN) general secretary, Naba Raj Subedi, before it on the day of the hearing of Subedi’s habeas corpus petition.

A single bench of justice Ram Nagina Singh ordered the Home Minister and the Kathmandu District Administration Office to furnish explanations within three days as to why Subedi was re-arrested.

Within hours after his release following a court order on June 15, plainclothes security personnel had re-arrested Subedi from the party’s central office at kathmand.

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SC quashes petition against ordinances
Kathmandu, June 17 - The Supreme Court (SC) on Thursday, pronounced that promulgation of an ordinance time and again is "constitutional" in the absence of a functioning parliament.
The pronouncement came when it quashed a writ petition that sought the court to issue an order to the government to stop promulgating ordinances repeatedly to end the present rule through ordinances. The writ petition had also sought nullification of all the ordinances in existence.
The court said that promulgation of ordinances is unconstitutional if it is done by cheating the parliament or at a time when there is parliament.
A special Bench of Justices Dilip Kumar Paudel, Chandra Prasad Parajuli and Min Bahadur Rayamajhi quashed the writ petition filed by advocates Gopal Krishna Ghimire and Raja Ram Dhakal.
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Contempt of court again



Kathmandu, June 17 - Another contempt of court application has been filed at the Supreme Court (SC)against Home Minister Dan Bahadur Shahi over defiance of the apex court's order.
This is the fourth contempt of court case filed against the minister. Three cases, which are pending in the SC, are related to re-arrest of political and student leaders in defiance of the court order, while one case pertains to Shahi's remarks over the order of the apex court.
This time, Shahi has been accused of defying the SC by re-arresting General Secretary of People's Front Nepal Nawaraj Subedi. He was re-arrested a few hours after he was released by the SC, Wednesday.
"The arrest is against the constitution and the Supreme Court Act," said the application filed by Nepal Bar Association President Shambhu Thapa.
Meanwhile, Thapa also filed a habeas corpus petition in the court seeking Subedi's release. Subedi has been "locked" in a room at Bouddha Police Office, according to the petition.

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Violation of the court orders isn't a good sign Kathmandu june 17-Speaking in an interaction program on "International Cooperation for Rule of Law and Peace Building" organized by Kathmandu School of Law,British Ambassador to Nepal Keith Bloomfield has said that rule of law and democracy is the key issue for a peaceful solution of conflicts. the British envoy said, "When authorities challenge the order of the Supreme Court, it is not a good sign for the country."On Nepal, Bloomfield said the deliberate attack on the judicial system by undermining its authority and impartiality, corruption, and criminality and terrorism are the major obstacles for the rule of law in Nepal. Maoists violated the Geneva Convention -NBA Kathmandu, June 16 - Maoists violated the Geneva Convention and national and international humanitarian laws in the Madi massacre in which 37 civilians and three security personnel were killed and 72 people injured when a passenger bus hit a land mine according to the Nepal Bar Association (NBA).The report was made public on Wednesday. It has also condemned the Maoists for the tragic incident. According to the report, security forces, too, are responsible for the massacre as armed security forces were on board the passenger bus. "Though the Maoists have apologized and regretted the incident, it is not sufficient; they should carry out their own investigation and book the culprits," said Senior Advocate Bishwa Kant Mainali, who led the NBA team to Madi to report on the tragedy. Similarly, the NBA has demanded that the government provide compensation to the families of the deceased, and free treatment for the injured. The NBA has also urged the government and Maoists to fully observe the Geneva Convention and international humanitarian laws. Meanwhile, the NBA has condemned the killings of the families of Armed Police Force personnel in Dhangadi, Tuesday.

SC issues show cause notice

Kathmandu june 14-The Supreme Court Tuesday issued a show cause notice over the preventive orders issued by the Kathmandu District Administration Office in parts of the capital city.
writ petition filed by advocate Dinesh Tripathi. Tripathi in his writ argued that the preventive orders were in violation of the right of the general public to assemble in public places peacefully.The court also summoned the Home Ministry and the Kathmandu DAO at a hearing on June 20, which will decide whether to issue an interim order against the DAO’s decree.
The DAO had in a decree last month banned rallies and gatherings in some places in the city including the Royal Palace area and around Singh Durbar.

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Royal Commission initiates action on 3,400 cases Kathmandu, June 11- The Royal Commission for Control of Corruption (RCCC) has initiated action into 3,400 cases among 3,679 complaints that were filed at the Commission. The Commission was seriously looking into the cases of tax evasion, delay in government offices, irregular contracts, owning massive property through illegal means, negligence of responsibility and irregularities done by high level government officials, spokesman of the Commission Prem Raj Karki said. The RCCC has found that the bureaucrats are working with sincerity in account settlement following the initiative of the Commission, Karki said. The Commission is investigating on the alleged irregularities in CTEVT, as per the complaints filed. The Revenue Department recently raided three business stores at the instruction of the RCCC that were suspected of tax evasion, Karki said. It has also cautioned the Customs Office at the Trivbhuvan International Airport to work according to the law and order. Among others shoes factory, tobacco factory, different distilleries including Tribeni distillery and Karnali distillery are under investigation on charges of tax evasion, the commission said. Supreme Court nod to govt to slap taxes Kathmandu, June 11-The Supreme Court on friday authorised the government to impose taxes on any sector even without getting a nod from the parliament. “If here is no parliament to promulgate law, the government has the authority to slap taxes if needed by issuing ordinances,” the apex court said today while settling a Public Interest Litigation (PIL). A three-member full bench of justices Min Bahadur Rayamajhi, Sharada Shrestha and Rajendra Kumar Bhandari, issued the verdict. “Since the imposition of tax is for meeting the government’s expenditure, the government has the right to impose and fix the level of taxes, if and when necessary,” the bench observed. The bench also said that the 1990 Constitution has adopted the principle of imposition of tax only after the parliament gives the nod. “The Constitution has said that tax can only be imposed only after discussion in the House of Representatives. However, any tax can be imposed on the basis of the necessity of the country,” the bench observed. The bench was responding to a PIL filed 10 months ago by advocates Binod Karki and Rajiv Banstola, challenging the government’s increment of taxes through ordinances frequently during the government of Sher Bahadur Deuba. Legal eagles had questioned the government’s action to increase taxes frequently. The advocates had challenged the imposition of taxes accusing the government of crossing the limits of the 1990 Constitution and claimed that the increment in taxes should be scraped by the apex court. The Cabinet Secretariat and the Ministries of Finance and Law, Justice and Parliamentary Affairs were the defendants in the PIL. CJ leaves for Bhutan Kathmandu june 10-Chief Justice Hari Prasad Sharma left for Bhutan on Thursday to take part in the Eighth Conference of Chief Justices of South Asian Countries and the 11th SAARC legal conference. The conference is scheduled to begin in Paro, Bhutan, from today. Earlier, speaking to journalists at Tribhuvan International Airport before departure, Chief Justice Sharma said the three day conference will discuss how to make law useful to the people and for development. He also said mutual exchange of experience will take place on how take enhance the faith of the people in the judiciary and on legal problems in development work and their resolution. Meanwhile, the King has designated Dilip Kumar Poudel, senior-most judge at the Supreme Court, to work as officiating chief justice during his (Sharma’s) absence. DAO act illegal: NBA president Thapa Kathmandu june 10-President of the Nepal Bar Association, in a reply sent to the Kathamndu District Administration Office (DAO), said the DAO’s letter to summon him was illegal. Shambhu Thapa has, moreover, suggested the DAO not to repeat such an illegal action. Urging him to reply within three days on why action shouldn’t be taken against him, the Kathandu DAO had Tuesday ordered the NBA president to furnish his statement as to why he led a rally in a restricted area on June 4. In the reply, Thapa said the march was held for the sake of democracy and people’s rights. The letter sent to Thapa by Kathamndu Chief District Officer (CDO) Sushil Ghimire stated that Thapa violated clause 6(3) of the Local Administration Act, 2028 BS by leading a rally in the zone restricted by the DAO for meetings, rallies, strikes and hunger strikes. Lawyers to stage protests Kathmandu, June 9 - The extended meeting of Nepal Bar Association (NBA) and its Advisory Committee on Wednesday decided to stage nationwide protests this coming Monday to denounce the act of the authorities asking for written clarification from NBA President, Shambhu Thapa over Sunday's peaceful rally in the capital. The meeting termed the act of seeking clarification from Thapa by the authorities as "unconstitutional and illegal", according to Tika Ram Bhattarai, an NBA member. The Kathmandu District Administration Office (DAO), on Tuesday, sought written clarification from Thapa over the peaceful rally staged by lawyers in "restricted areas" on Sunday. The meeting also termed the DAO move as being against the constitution, the prevailing laws of the land and international humanitarian laws. According to Bhattarai, all 83 NBA branches across the country will organize protest meetings on Monday afternoon. Court orders compensation for the victim of torture Kathmandu june 8-The District Court of Kathmandu has ordered the government to compensate a victim of torture in response to a case filed by the Centre for Victims of Torture (CVICT) on behalf of Arjun Raj Puri, a junior staff at the central jail in Kathmandu. This is the first court verdict to compensate torture victims after the royal move of February 1. Kathmandu district Court judge, Shambhu Bahadur Karki, ordered a compensation of Rs 35,000 to Puri. With legal assistance from CVICT, Puri had filed a case at the court against then Police Inspector at the Central Jail Bashudev Sharma Pandit for detaining him in his quarter and torturing him. According to Puri, Pundit detained him and gave physical and mental torture as he foiled Pundit’s efforts to rape a woman. The Court said it was not necessary to take departmental action against Inspector Pundit as he was already dismissed from the job for providing cellular mobile phone facility to notorious criminal, Charles Shovraj. In a statement, CVICT—a pioneer non-governmental organization that provides rehabilitation and legal services to torture victims—said though the tendency to torture people was on the rise after the onset of the Maoist insurgency, the tendency to seek legal treatment was still low. The organisation said various courts had ordered the authorities to provide compensation in 19 cases among 106 cases filed at the court demanding compensation to the victims of torture after the enforcement of the 'Torture Compensation Act eight years ago

Supreme Court order released Pokharel
Kathmandu june 8-In response to habeas corpus petition filed on his behalf Former minister and UML standing committee member, Ishwar Pokharel was released. The apex court had established Pokharel’s detention as 'illegal' and ordered his release.
Following the court’s order, authorities brought Pokharel to Kathmandu from Rajbiraj by a helicopter on Wednesday morning.
Pokharel was arrested in eastern Saptari district soon after the royal proclamation of February 1 and detained in Rajbiraj jail.
Police had re-arrested Pokharel as soon as he was released as per the court’s order in Rajbiraj.

Dr Giri’s must resign-NBA Kathmandu june 14-Lawyers have demanded immediate resignation of the vice-chairman of Council of Ministers Dr Tulsi Giri, alleging him of being a willful defaulter of a bank loan. According to the NBA, all 80 of its branches denounced Monday the ‘unconstitutional’ government and the ‘blacklisted’ vice-chairman of the Council of Ministers Dr Tulsi Giri and ‘unjust’ restrictions on mass meetings and rallies in certain areas of the capital. Nepal Bank Limited has blacklisted Dr Giri for not paying back the Rs 17.4 million loan. he had taken some 20 years ago. Lawyers take to streets Kathmandu, June 14 - Lawyers on Monday staged protests across the country to denounce the authorities asking for a written clarification from Nepal Bar Association (NBA) President Shambhu Thapa over the June-4 peace rally of lawyers in the capital. According to NBA General Secretary Madhav Banskota, all 80 NBA branches organized protest meetings. The protests were staged as the Kathmandu District Administration Office had asked Thapa for clarification over the peace rally in a prohibited area on June 4 when some 1,000 men in black coats marched through downtown Kathmandu, defying government prohibition and demanding peace and supremacy of the constitution. Police were present outside NBA premises in the capital when lawyers denounced the "unconstitutional" government, especially the "blacklisted" vice-chairman of the council of ministers Dr Tulsi Giri, and the "unjust" restriction on mass meetings and rallying in certain areas of the capital. Human rights activists and journalists participated in the protests. "We will not obey the unjust law imposed by a blacklisted person [Vice Chairman Giri]. We will keep on defying such bans and laws," Yogendra Bahadur Adhikari, Kathmandu District Court Bar president said. Advocate Hari Har Dahal dismissed the accusation against lawyers that they were acting as per the wishes of political parties. "We are not being guided by political parties, rather, political parties are following our footsteps," he said. Former NBA Secretary Subash Nemwang termed the act of the authorities as a cowardly attempt of "the autocracy" to attack lawyers. "He [Dr Giri] is accusing us of looking at the government with jaundiced eyes; in fact, he himself is suffering from black fever and has been blacklisted for not paying back a bank loan," he said. Govt are not cooperating SC Kathmandu, June 13 -The Supreme Court (SC) is launching its anti-backlog drive from May 22.Government agencies are not cooperating SC to deliver justice to the people. About 1,838 writ petitions filed before April 2004 have remained unheard in the court as different ministries, organizations and offices have not responded to the apex court orders issued in the preliminary hearing of the petitions. Altogether, 2,768 writ petitions are pending at the SC. The SC has set a one-year period for the settlement of all such petitions. However, at least six of the pending writ petitions are 10 years old. The SC administration is seriously monitoring the long-pending petitions and writing to concerned government ministries and offices for cooperation, 10 to 15 letters are being sent daily. But still government agencies not responding to repeated requests by the court for the required documents include the Secretariat of Cabinet and Council of Ministers ("the most uncooperative of the lot"), Ministry of Land Reform and Management, Ministry of Finance, Home Ministry, Police Headquarters, tax collection offices, Guthi Sansthan, municipal offices and district administration offices. SC can slap a paltry fine of Rs 50 each time the concerned offices fail to respond to each letter asking for the necessary documents. Similarly, existing laws authorizes the apex court to ask for clarification for "non-cooperation".

NBA boycotts CJ Sharma Kathmandu, June 4- Nepal Bar Association boycotted Chief Justice Hari Prasad Sharma while inviting Supreme Court justices to attend the national conference of its councilors. An infuriated Sharma took revenge by issuing a whip to all apex court justices to abstain from the conference, according to a court source. Following the whip, no justice from the Supreme Court attended the conference. But Dr Ram Krishna Timalsena, acting registrar and spokesperson of the court, however, denied that such a whip was issued. Timalsena attended the program. According to a NBA member, NBA, which has been demanding Sharma's resignation for the latter's political stance at an international forum in March, decided not to invite the chief justice deliberately.A national conference of over 600 lawyers, expressed serious concern over the eroding supremacy of the constitution, rule of law and the independence of the judiciary in Nepal in the post-February 1 period. The gathering also condemned the crackdown on independent media and curb on civil liberties. "Article 127 has been misused to curtail human rights, to destroy the constitution, and to derail the democratic and political process in the country," Senior Advocate Basanta Ram Bhandari said. Presenting an evaluation of the king's direct rule, advocate and former lawmaker, Subash Nembwang said, "Rule of decrees has replaced rule of law and autocracy has taken the place of the supremacy of the constitution." Nembwang asked, "If one terms this type of regime as rule of law, what then is the rule of the jungle?" Most lawyers who addressed the gathering lambasted the February 1 move, formation of the Royal Commission for Corruption Control and its functioning, violation of Supreme Court orders, arbitrary arrests, and rejection of writ petitions of public interest by the Supreme Court administration, among others. "Does the king assume legislative power to formulate laws according to this Constitution? Can the king and the Attorney General enact laws in absence of the parliament? I request the Attorney General to tell what is in the constitution to the king? Nepal Bar Association (NBA) President Shambhu Thapa argued. Attorney General Pawan Kumar Ojha was present at the gathering. Referring to the King's assumption of absolute power, Thapa said, "If the king likes to be a prime minister, I urge him to form a new political party and solicit the mandate of the people." Mocking the appointments of former administrator and army general in the RCCC, Thapa further sharpened his criticism and said, " Since the king has been doing anything he wishes by invoking Article 127, I urged him to appoint former army majors at the Supreme Court". Ojha, however, said "There is gap between national capacity and the democracy we have, which has caused problems. Our democracy faced this fate as we could not wear the coat of our size." "If one gives political color to our movement for the supremacy of the Constitution, rule of law and independence of the judiciary, let them do so. We will launch this type of movement come whatever may," former NBA President Harihar Dahal said. SC asks for documents on the Communication Corner case Kathmandu June 4-The Supreme Court on Friday has asked the government to present the letter said to have been written to the Ministry of Information and Communications (MoIC) asking it to close down the operations of a private radio programme production company.In a letter written to Communications Corner Pvt. Ltd.—a leading private company that produces and distributes radio programmes to over a dozen FM radio stations across the country—last Friday, the MoIC asked the Company to close down without citing any law."We have been informed in writing that your company is being operated illegally. Hence, you are asked to close down your operations," the Ministry said. It did not specify which agency had informed it about the company.Interestingly, the Ministry sent the copy of its letter addressed to the Communications Corner Pvt. Ltd. to the Ministry of Defense and District Administration Office, Lalitpur asking them to take necessary action (against the Company).A division bench comprising justices Ram Prasad Shrestha and Badri Kumar Basnet asked the government to produce the said letter to the apex court on Tuesday. Pleading on behalf of the Communications Corner, over half a dozen senior lawyers argued that closing down the company without any valid reason would be against the very notion of rule of law.The apex court is expected to decide whether to issue stay order or not on the case on Tuesday. RCCC written replies to SC Kathmandu, June 2-The Royal Commission for Corruption Control has told the Supreme Court that it is working as a trial court with special court powers.Submitting written replies before the apex court individually and collectively, chairman of the RCCC Bhakta Bahadur Koirala and its members Shambhu Prasad Khanal, Hari Babu Chaudhari, Raghuchandra Bir Singh, Prem Bahadur Khati and secretary Shambhu Bahadur Khadka claimed the RCCC is a court of law constituted by the monarch and has has the right to investigate corruption cases.Their written replies came in connection with a contempt of court case filed by advocates Madhav Kumar Basnet and Sudip Paudel, challenging the action taken by RCCC against Deuba and ministers of the dismissed cabinet regarding the PM’s relief fund misuse case which they claimed was subjudice when the RCCC interfered.Same as, the Supreme Court Bar Association Labeling the Royal Commission for Corruption Control (RCCC) as an "unconstitutional entity", has appealed to all its members to boycott pleadings before the "royal anti-graft" panel. NBA has already declared the formation of RCCC as "unconstitutional." SC issued show cause order Kathmandu, June 2 - The Supreme Court on Wednesday, ordered the government to furnish written reply regarding its closure order to Communication Corner (CC) Pvt Ltd, an independent producer and distributor of radio programs, to a network of commercial and community radios across the country. According to the order, the defendants - Ministry of Information and Communications, Ministry of Defense, and Lalitpur District Administration Office are required to furnish their replies within 15 days. Similarly, the court ordered the defendants to be present before the court on June 3 (Friday) to discuss why a stay order should not be issued against the government order to the radio program company. Last Friday, Ministry of Information and Communication, ordered CC to close down the office, alleging that the company is "being run illegally", a move that prompted the company's Managing Director Gopal Guragain to move the apex court over the legality of the order. Justice Khil Raj Regmi passed the order following pleas by 13 lawyers including Senior Advocates Basu Dev Dhungana, Radhe Shyam Adhikari, Shree Hari Aryal, Sindhu Nath Pyakurel, advocates Shambhu Thapa, Harihar Dahal, Subash Nemwang and Agni Kharel. Supreme Court bar asks lawyers to boycott RCCC Kathmandu, june 1 -A meeting of SCBA working committee, took a decision to this effect on Tuesday that Labeling the Royal Commission for Corruption Control (RCCC) as an "unconstitutional entity", the Supreme Court Bar Association (SCBA) has appealed to all its members to boycott pleadings before the "royal anti-graft" panel. The decision has come at a time when lawyers, civil society and political parties have been questioning the constitutionality and legality of RCCC, whichwas first formed during the state of emergency post-February 1. "The SCBA, since its inception, has seen it as detrimental to the prestige and honor of its members, who have been raising their voice for rule of law and human rights, to take part in pleadings before an entity already declared unconstitutional by SCBA itself," the SCBA said in a statement. The SCBA said this was against the inherent sprit and principles of the constitution, and laws relating to justice administration in the country.ormed a seven-party alliance to restore democracy and civil liberties. The statement signed by SCBA Secretary Indra Lohani further said, "We plead to all our members to boycott the so-called anti-graft commission." Nepal Bar Association (NBA) President Shambhu Thapa welcomed the decision and said, "I fully support the SCBA decision." NBA has already declared the formation of RCCC as "unconstitutional." According to the SCBA statement, the formation of RCCC is against Articles 84 and 85 of the Constitution. According to Article 84, powers relating to justice in the country shall be exercised by courts and other judicial institutions, in accordance with the provisions of this constitution, the laws and the recognized principles of justice. Similarly, Article 85 says that courts shall consist of three tiers - Supreme Court, Appellate Court and District Court. Besides, the Article has provision for establishment of special types of courts or tribunals for the purpose of hearing special cases, provided that no special court or tribunal shall be constituted for the purpose of hearing a particular case.

SC isKathmandu DAO summons NBA president over Saturday's rally Kathmandu june 7-The District Administration Office (DAO) of Kathmandu Tuesday sent a letter to Nepal Bar Association (NBA) president Shambhu Thapa asking him to appear before it with a written clarification, within three days, over the “violation of prohibitory orders” during a rally on Saturday. In the letter, Chief District Officer, Sushil Ghimire, said: “As the district administration has learnt that the group led by you carried out a rally in prohibited areas which goes against the Local Administration Act 2028 B.S on the basis of which the prohibitory orders were issued.” Alleging that the NBA chairman, instead of complying with the law and making others do the same, led his ‘group’ in defying legal orders, the DAO asked that why it should not take action against him. The Local Administration Act says the violators of prohibitory orders could be fined up to Rs.50. Although the NBA has not said anything officially over summon order yet, its vice-president Sher Bahadur K.C told Nepalnews that the NBA had taken it very seriously. “We have taken seriously the summon order from the district administration. There will be a meeting of central members and advisors on Wednesday will react to it.” Demanding supremacy of law, restoration of civil liberties and withdrawal of prohibitory orders enforced in parts of Kathmandu, over 2000 lawyers had marched the streets of Kathmandu Saturday morning. sues stay order against govt ban on Communication Corner Kathmandu june 7-The Supreme Court Tuesday issued a stay order asking the government not to implement its decree to close down the Communication Corner, a private radio program producer. A bench of justices Ram Prasad Shrestha and Rajendra Kumar Bhandari issued the order on a writ petition filed by company’s director Gopal Guragain on May 30. The court ruled that the letter of the Ministry of Information and Communication, signed by a section officer, ordering the closure of the Communication Corner appeared not to be in line with the law. The court asked the government not to go with its decree. Alleging that the company had been producing and distributing radio programs illegally, the ministry had on May 27 ordered its closure. National and international media groups had denounced the government order. US starts teaching RNA law lessons Kathmandu, June 7-Two instructors from the US Army monday began imparting a two-week-long course on International Law of Armed Conflict to officers of the Royal Nepalese Army (RNA) at the RNA Headquarters. Twenty-six local commanders of the RNA, officials from the army’s Human Rights Cell and chief of RNA’s local-level Human Rights Task Force are taking part in the course. Select media representatives had been invited to take part in today’s programme, but scribes who reached the venue had to return as the Army later decided to cancel their participation. Two instructors from the United States Defence Institute of International Legal Studies are conducting the programme, according to an army official participating in the course. “The course will focus on the international humanitarian law, including soldiers’ Rules of Engagement and other related human rights issues,” the official said. The group will also discuss cases of rights abuse allegations to understand them in the context of the international law of armed conflict.

Lawyers challenge Dr Tulsi Giri

Kathmandu June 6, Lawyers are angry with Cabinet vice-chairman Dr Tulsi Giri in his comments from the authorities regarding the resolutions adopted by the country’s professional lawyers demanded immediate dissolution of the Council of Ministers (CoM) headed by His Majesty King Gyanendra terming it as `unconstitutional.’
In one programme organise by reporters club most of the lawyers condemn today at Dr Giri in his version Cabinet vice-chairman Dr Giri has suggested lawyers to knock court doors to have their demands met, rather than taking to the streets addressing the annul assembly of district court attorneys of Mid-zone and Far-western regions in Kathmandu on Sunday
Advocate Harihar dahal said “To revive the dead parliament from the Supreme Court is impossible".
Advocate Radhaeshyam Adhikari told in the program that by which articles of the law that Dr giri become Cabinet vice-chairman .
President of NBA Shambu Thapa told that Cabinet vice-chairman Dr Tulsi Giri had not learn about rule of law in his life but still NBA can teach what is law if he came to study.

Government is unconstitutional: NBA

Kathmandu june 5- Nepal Bar Association (NBA) has demanded immediate dissolution of the Council of Ministers (CoM) headed by His Majesty King Gyanendra terming it as `unconstitutional.’
The annual general meeting of the Association – that concluded in the capital Kathmandu Saturday—held that HM King’s act of constituting the CoM under his own chairmanship and controlling executive powers through the royal takeover of February 1 “was completely unconstitutional.” Expressing regrets towards the continuation of such a government, the Association has demanded immediate dissolution of the incumbent government.
Over 1,000 delegates of the NBA from all over the country also extended their support to the major demand of the seven-party opposition alliance for the reinstatement of the House of Representatives that was dissolved three years ago.
“Since elections to the House of Representatives could not be held immediately due to the situation of insecurity in view of armed conflict in the country, there is a need to immediately reinstate the dissolved House in order to secure people’s rights,” the Association said.
The Association also demanded immediate dissolution of Royal Commission on Corruption Control (RCCC) terming it as ‘unconstitutional and against the principle of natural justice.’ The Commission also condemned the act of creating positions like zonal and regional administrators through ordinance ‘terming it as ‘unconstitutional.’
In its 17-point resolutions, the Association has demanded immediate release of all the political detainees, journalists and human rights activists, and has expressed its solidarity towards press freedom in the country.
The Association has also protested recent amendment in the National Human Rights Act through ordinance and proposed amendment in the laws governing country’s civil service.
The Association has also called upon both the state and Maoist insurgents to express their commitment towards minimum humanitarian laws and stop all forms of atrocities against civilians.
There have been no comments from the authorities as yet regarding the resolutions adopted by the country’s professional lawyers.

NBA boycotts CJ Sharma Kathmandu, June 4- Nepal Bar Association boycotted Chief Justice Hari Prasad Sharma while inviting Supreme Court justices to attend the national conference of its councilors. An infuriated Sharma took revenge by issuing a whip to all apex court justices to abstain from the conference, according to a court source. Following the whip, no justice from the Supreme Court attended the conference. But Dr Ram Krishna Timalsena, acting registrar and spokesperson of the court, however, denied that such a whip was issued. Timalsena attended the program. According to a NBA member, NBA, which has been demanding Sharma's resignation for the latter's political stance at an international forum in March, decided not to invite the chief justice deliberately.A national conference of over 600 lawyers, expressed serious concern over the eroding supremacy of the constitution, rule of law and the independence of the judiciary in Nepal in the post-February 1 period. The gathering also condemned the crackdown on independent media and curb on civil liberties. "Article 127 has been misused to curtail human rights, to destroy the constitution, and to derail the democratic and political process in the country," Senior Advocate Basanta Ram Bhandari said. Presenting an evaluation of the king's direct rule, advocate and former lawmaker, Subash Nembwang said, "Rule of decrees has replaced rule of law and autocracy has taken the place of the supremacy of the constitution." Nembwang asked, "If one terms this type of regime as rule of law, what then is the rule of the jungle?" Most lawyers who addressed the gathering lambasted the February 1 move, formation of the Royal Commission for Corruption Control and its functioning, violation of Supreme Court orders, arbitrary arrests, and rejection of writ petitions of public interest by the Supreme Court administration, among others. "Does the king assume legislative power to formulate laws according to this Constitution? Can the king and the Attorney General enact laws in absence of the parliament? I request the Attorney General to tell what is in the constitution to the king? Nepal Bar Association (NBA) President Shambhu Thapa argued. Attorney General Pawan Kumar Ojha was present at the gathering. Referring to the King's assumption of absolute power, Thapa said, "If the king likes to be a prime minister, I urge him to form a new political party and solicit the mandate of the people." Mocking the appointments of former administrator and army general in the RCCC, Thapa further sharpened his criticism and said, " Since the king has been doing anything he wishes by invoking Article 127, I urged him to appoint former army majors at the Supreme Court". Ojha, however, said "There is gap between national capacity and the democracy we have, which has caused problems. Our democracy faced this fate as we could not wear the coat of our size." "If one gives political color to our movement for the supremacy of the Constitution, rule of law and independence of the judiciary, let them do so. We will launch this type of movement come whatever may," former NBA President Harihar Dahal said. SC asks for documents on the Communication Corner case Kathmandu June 4-The Supreme Court on Friday has asked the government to present the letter said to have been written to the Ministry of Information and Communications (MoIC) asking it to close down the operations of a private radio programme production company.In a letter written to Communications Corner Pvt. Ltd.—a leading private company that produces and distributes radio programmes to over a dozen FM radio stations across the country—last Friday, the MoIC asked the Company to close down without citing any law."We have been informed in writing that your company is being operated illegally. Hence, you are asked to close down your operations," the Ministry said. It did not specify which agency had informed it about the company.Interestingly, the Ministry sent the copy of its letter addressed to the Communications Corner Pvt. Ltd. to the Ministry of Defense and District Administration Office, Lalitpur asking them to take necessary action (against the Company).A division bench comprising justices Ram Prasad Shrestha and Badri Kumar Basnet asked the government to produce the said letter to the apex court on Tuesday. Pleading on behalf of the Communications Corner, over half a dozen senior lawyers argued that closing down the company without any valid reason would be against the very notion of rule of law.The apex court is expected to decide whether to issue stay order or not on the case on Tuesday. RCCC written replies to SC Kathmandu, June 2-The Royal Commission for Corruption Control has told the Supreme Court that it is working as a trial court with special court powers.Submitting written replies before the apex court individually and collectively, chairman of the RCCC Bhakta Bahadur Koirala and its members Shambhu Prasad Khanal, Hari Babu Chaudhari, Raghuchandra Bir Singh, Prem Bahadur Khati and secretary Shambhu Bahadur Khadka claimed the RCCC is a court of law constituted by the monarch and has has the right to investigate corruption cases.Their written replies came in connection with a contempt of court case filed by advocates Madhav Kumar Basnet and Sudip Paudel, challenging the action taken by RCCC against Deuba and ministers of the dismissed cabinet regarding the PM’s relief fund misuse case which they claimed was subjudice when the RCCC interfered.Same as, the Supreme Court Bar Association Labeling the Royal Commission for Corruption Control (RCCC) as an "unconstitutional entity", has appealed to all its members to boycott pleadings before the "royal anti-graft" panel. NBA has already declared the formation of RCCC as "unconstitutional." SC issued show cause order Kathmandu, June 2 - The Supreme Court on Wednesday, ordered the government to furnish written reply regarding its closure order to Communication Corner (CC) Pvt Ltd, an independent producer and distributor of radio programs, to a network of commercial and community radios across the country. According to the order, the defendants - Ministry of Information and Communications, Ministry of Defense, and Lalitpur District Administration Office are required to furnish their replies within 15 days. Similarly, the court ordered the defendants to be present before the court on June 3 (Friday) to discuss why a stay order should not be issued against the government order to the radio program company. Last Friday, Ministry of Information and Communication, ordered CC to close down the office, alleging that the company is "being run illegally", a move that prompted the company's Managing Director Gopal Guragain to move the apex court over the legality of the order. Justice Khil Raj Regmi passed the order following pleas by 13 lawyers including Senior Advocates Basu Dev Dhungana, Radhe Shyam Adhikari, Shree Hari Aryal, Sindhu Nath Pyakurel, advocates Shambhu Thapa, Harihar Dahal, Subash Nemwang and Agni Kharel. Supreme Court bar asks lawyers to boycott RCCC Kathmandu, june 1 -A meeting of SCBA working committee, took a decision to this effect on Tuesday that Labeling the Royal Commission for Corruption Control (RCCC) as an "unconstitutional entity", the Supreme Court Bar Association (SCBA) has appealed to all its members to boycott pleadings before the "royal anti-graft" panel. The decision has come at a time when lawyers, civil society and political parties have been questioning the constitutionality and legality of RCCC, whichwas first formed during the state of emergency post-February 1. "The SCBA, since its inception, has seen it as detrimental to the prestige and honor of its members, who have been raising their voice for rule of law and human rights, to take part in pleadings before an entity already declared unconstitutional by SCBA itself," the SCBA said in a statement. The SCBA said this was against the inherent sprit and principles of the constitution, and laws relating to justice administration in the country.ormed a seven-party alliance to restore democracy and civil liberties. The statement signed by SCBA Secretary Indra Lohani further said, "We plead to all our members to boycott the so-called anti-graft commission." Nepal Bar Association (NBA) President Shambhu Thapa welcomed the decision and said, "I fully support the SCBA decision." NBA has already declared the formation of RCCC as "unconstitutional." According to the SCBA statement, the formation of RCCC is against Articles 84 and 85 of the Constitution. According to Article 84, powers relating to justice in the country shall be exercised by courts and other judicial institutions, in accordance with the provisions of this constitution, the laws and the recognized principles of justice. Similarly, Article 85 says that courts shall consist of three tiers - Supreme Court, Appellate Court and District Court. Besides, the Article has provision for establishment of special types of courts or tribunals for the purpose of hearing special cases, provided that no special court or tribunal shall be constituted for the purpose of hearing a particular case.

Deuba, Singh were sent to custodyKathmandu

May 31-Former prime minister and Nepali Congress (Democratic) president Sher Bahadur Deuba and former minister Prakashman Singh have refused to deposit bail as demanded by the Royal Commission for Corruption Control (RCCC) on corruption charges,were sent to custody .A RCCC bench today ordered Deuba, Singh and four others accused of corruption in the construction contract of the Melamchi Drinking Water Project to deposit Rs.5 million each as bail.Talking to reporters immediately after the commission’s verdict, the two leaders said there was no question depositing the bail demanded by the “unconstitutional body”.Deuba, Singh and four others - Tika Dutta Niraula, then secretary of the Ministry of Physical Planning, Dhruba Bahadur Shreshta, the director of the Melamchi Drinking Water Development Broad, deputy director Deepak Kumar Jha and Jip Chhiring Lama of Lama & Sharma Company, the contractor of the multi-million dollar project – were sent to custody after failing to deposit the bail.Dozens of supporters had staged demonstration in front of the RCCC office in Baneshwor when the commission was handing out the verdict this evening.

Communication Corner moves court against govt ban

Kathmandu May 31-Communication Corner Pvt. Ltd, a private radio program producer, Monday filed a case at the Supreme Court challenging the recent government order for its closedown.In the writ petition, Gopal Guragain, the director of the company, contended that the government order was against the law and that it came with an intention to curtail the media freedom. He demanded that the court issue an interim order against the government decree.Hearing on the case will begin from Tuesday.Saying that the company in question had been producing programs illegally, the Ministry of Information and Communication had on Friday ordered for its closure.The ban immediately drew widespread criticism from national and international media organisations from the human right groups to the civil societyQuestion on

constitutionality of RCCC

Kathmandu, May 29 - Chief of the Royal Commission for Corruption Control (RCCC) Bhakta Bahadur Koirala, on Sunday challenged lawyers to examine the constitutional legitimacy of the commission by going to the Supreme Court. As lawyer Matrika Niraula raised question over the constitutional basis of the commission, while pleading on behalf of four defendants on Melamchi Water Supply Project (MWSP) scam, Koirala retorted by telling Niraula not to waste time by talking about its constitutional base. "If you want to find the constitutional ground this is not the place to talk about it. You may go to the Supreme Court," he challenged. However, lawyers Niraula, Ishwori Chandra Sharma and Krishna Sapkota pleaded that it would be prejudicial to take action against the accused on the basis of an "inauthentic and inaccurate" report prepared by Harish Chandra Shah, an expert at RCCC. They also asked the commission to look into the reasons why the previous contracting company dismissed the construction contract during the time of the Surya Bahadur Thapa led government. At least eight legal practitioners are supposed to plead on behalf of the defendants.

Govt lawyers plead on Melamchi cases

Kathmandu, May 27- Two government lawyers from the Attorney General’s Office pleaded thrusday in support of the charge-sheet prepared by the Royal Commission for Control of Corruption (RCCC) against those indicted in the Melamchi corruption case.Rajendra Subedi and Tek Bahadur Ghimire pleaded on behalf of the RCCC today. Supporting the charge sheet of the RCCC investigation team, they pleaded before the bench to punish the accused as per the Clause 17 and 24 of the Corruption Control Act 2059.The lawyers demanded that the accused be kept under judicial custody till the case was finalised. The RCCC completed seeking explanation from former Prime Minister Sher Bahadur Deuba who has been implicated in the case.The lawyers argued that the denial on the part of the accused to furnish clarifications before the RCCC could be used as circumstantial evidence against them. They said that denying giving explanation on the charges by questioning the legality of RCCC did not hold any rationale because the leaders had earlier accepted the formation of governments under Article 127 of the Constitution. They must accept the fact that the RCCC has also been formed under the same Article, the lawyers said. RCCC investigationThe RCCC announced that the court proceedings had been declared open and those charge-sheeted in the case could seek the help of their lawyers to defend themselves. The lawyers hired by the defendants could not proceed with the preliminary hearing due to the lack of time. They will plead on behalf of their defendants Friday. As per the provision of open bench process of the Special Court according to Corruption Control Act 2059, the RCCC declared open the court proceedings today. The investigation team of the Commission had filed corruption cases against six persons including Deuba last week on charges of misappropriating Rs 376.1 million while awarding and receiving contract of the adit access road of the MDWP site. Other accused are former minister for physical planning and works Prakash Man Singh, the then secretary of the same ministry Tika Dutta Niraula, executive director of the MDWP Dhurba Bahadur Shrestha, deputy executive director Deepak Jha and Jip Tshering Lama, one of the contractors of the MDWP.The RCCC will decide on the cases at the end of the hearings that would probably last for another week.