Tuesday, June 07, 2005

Tracleer

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.

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