Wednesday, June 01, 2005

Tracleer


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.

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