Saturday, July 09, 2005

Tracleer


RCCC’s Melamchi scam hearing from Sunday

Kathmandu , July 9- The Royal Commission for Corruption Control (RCCC) has stated that investigations regarding the scam concerning the approach road to the tunnel of the Melamchi Drinking Water Project and testimony in that connection have been completed.Spokesman of the Commission Prem Raj Karki said that the accused would be presented before the Commission hearings on Sunday and a decision on the case might be expected the same day.Former Prime Minister Sher Bahadur Deuba, the main accused in the case, and then Minister for Physical Planning and Works Prakash Man Singh are currently in police custody while the remaining persons accused in the case have each been released on a bail of Rs. 5 million.The Commission has stated in its preliminary investigation report that approximately Rs. 380 million has been misappropriated in the awarding of the contract for the construction of the Projects’ tunnel approach road.Similarly, the Commission has stated that the 20 high-ranking administrators who are facing corruption cases have been asked to submit their property particulars to the Commission for investigation into the cases.


SC warns govt against unlawful and arbitrary arrests


Kathmandu, July 9 - The Supreme Court (SC) has "warned" the government against unlawful and arbitrary preventive detention and arrest of citizens, reminding the latter of its commitment to national and international laws guaranteeing people's civil and political rights.Justices Min Bahadur Rayamajhi and Balram K C passed the warning-cum-order in response to a habeas corpus petition filed by Legal Aid Project of Nepal Bar Association on behalf of Sonam Tamang and Radip Lama, both from Ramechhap.
SC has also ordered the government to abide by the procedures established by the law while arresting a person to be kept in preventive detention under clause 9 of the Preventive and Destructive Activities (Control and Punishment) Ordinance - TADO. It means that authorities cannot detain anyone unless there are "believable, justified and sufficient grounds".
"Such acts [detention of citizens] in violation of the constitution, the government's international commitment and strictures on detention set by the SC will be taken seriously by this court," the apex court said in its full text judgment prepared recently.
SC has also reminded the Home Ministry not to arrest and re-arrest anybody in defiance of the court order, reminding the government of its duty vis-à-vis the fundamental rights of citizens.
"The Supreme Court is the guardian of the fundamental rights of citizens, while the government is the protector of those fundamental rights. To see the protector of people's rights [government] violating fundamental rights of a citizen by detaining him repeatedly is inexcusable," the court said in its judgment.

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