Wednesday, June 29, 2005
Tuesday, June 28, 2005
Monday, June 27, 2005
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.
Sunday, June 26, 2005
Saturday, June 25, 2005
Friday, June 24, 2005
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 .
Thursday, June 23, 2005
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.
Wednesday, June 22, 2005
Tuesday, June 21, 2005
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.
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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Saturday, June 18, 2005
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.
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.
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.
Friday, June 17, 2005
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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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.
Thursday, June 16, 2005
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.
Wednesday, June 15, 2005
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.
Tuesday, June 14, 2005
Friday, June 10, 2005
Tuesday, June 07, 2005
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.
Sunday, June 05, 2005
Wednesday, June 01, 2005
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.