Student leaders Sent to Central Jail; SC Show Cause to Govt Kathmandu, July 31-The six student leaders who were arrested on July 14 Under the Public Offence Act were today sent to Central jail at Tripureshwor after they refused to furnish the Rs 500 bail set by the Kathmandu District Administration Office (KDAO).Earlier today, the KDAO had fixed Rs 500 bail on Pradeep Poudel, vice-president of the Nepal Students' Union; Thakur Gaire, general secretary of All Nepal National Free Students Union; Saroj Thapa, chairman of Free Students Union, Tri-Chandra Multiple Campus; Narayan Bharati of NSU; BP Regmi of NSU unit of Baneshwor Campus and Pushpa Shahi, NSU Kailai district chairman.Meanwhile, the Supreme Court today issued show cause notices to the government authorities including the Home Ministry demanding the reasons for the student leaders' arrest.A single bench of justice Sharada Prasad Pundit issued the order responding to a habeas corpus petition filed by lawyer Buddhi Prasad Kharel representing the Nepal Bar Association. The bench also ordered the defendant-- The Home Ministry, the Police Headquarters, the Kathmandu District Police Office, the Kathmandu District Administration Office were arked to submit written replies within three days. Meanwhile, The Kathmandu District Government Attorney’s Office today started interrogating former general-secretary of the Nepal Students’ Union, Gagan Kumar Thapa, on the charge offence against state.According to an official, Thapa has been produced before the Attorney’s Office where he is being tried under the Offence Against State Act.He was arrested on Thursday for chanting “objectionable” slogans against the members of the royal family during a rally organized by civil society members last Monday. The Special Court had given authority to the police to detain him for seven days. Lawyers among Professionals to Hit Streets Kathmandu, July 31-The Confederation of Nepalese Professionals (CONEP) today announced programmes to protest the government’s latest decision to ban professional organisations.Professionals and workers associated with corporations and banks, including teachers, could join the movement waged against the latest instance of the government banning trade unions among civil servants.The decision was announced following an interaction in the capital today. The interaction session was addressed by representatives of the Nepal Bar Association (NBA) Tikaram Bhattarai, Nepal University Teachers Association (NUTA) General Secretary, Rameswor Upadhayay and Chairman of the Federation of Nepalese Journalists (FNJ) Bishnu Nisthuri among others.

Condolence to Nepalese constitution 1990 -Special editorial For the first time in the 15-year history of the constitutional practice, the constitution of the kingdom of Nepal 1990 has been effectively `amended' through executive order while appointing Chief Justice of the Supreme Court.The state-owned Radio Nepal in its 7 am news bulletin said that the king has, in accordance with the Article 127 of the Constitution, granted authority of a sitting prime minister to the chief justice. According to the amendment, the chief justice can now chair and call the meeting of the Constitutional Council (CC). If the Article 117 of the Constitution of Nepal 1990 is to be abide by, it is a sitting Prime minister who heads and calls the meeting of the CC. Now the authority of a sitting prime minister has been delegated to a chief justice, meaning amendment in the constitution through a royal executive decree. Article 117 reads thus : 117. Constitutional Council:(1) There shall be a Constitutional Council, for making recommendations in accordance with this Constitution for appointment of officials to Constitutional Bodies, which shall consist of the following as Chairman and members:(a) the Prime Minister Chairman;(b) the Chief Justice Member;© the Speaker of the House of Representatives Member;(d) the Chairman of the National Assembly Member; and(e) the Leader of the Oppositionin the House of Representatives Member. (2) For the purpose of recommendation of an appointment of the Chief Justice, the Constitutional Council shall include among its members the Minister of Justice and a Judge of the Supreme Court. (3) The functions, duties and powers of the Constitutional Council shall be as determined by this Constitution and other laws. (4) The Constitutional Council constituted pursuant to clause (1) shall have the power to regulate its working procedures on its own. Press Secretariat of His Majesty said Friday that His Majesty King Gyanendra has issued an order, as per Article 127 of the constitution, specifying Chief Justice to chair the meeting of Constitutional Council (CC) in order to recommend a person for the post of Chief Justice. Chief Justice is one of the members of the CC. The order had to be issued as His Majesty chairs the Council of Ministers and there is no Prime Minister in the country. Experts say this very situation has given rise to a 'grave constitutional crisis' as manifested in the appointment process of the Chief Justice of the country. Article 117 of the constitution has made provision of the Constitutional Council (CC), which is headed by Prime Minister. Other members of the CC include Chief Justice of the Supreme Court, Speaker of the House of Representatives, chairman of the National Assembly, leader of the main opposition in the House of Representatives and Minister for Law, Justice and Parliamentary Affairs. As positions of Prime Minister, chairman of the National Assembly and leader of the main opposition in the House of Representatives remain vacant, Speaker of the dissolved House Taranath Ranabhat and newly appointed Minister for Law, Justice and Parliamentary Affairs Niranjan Thapa took part in the meeting of the Constitutional Council Friday afternoon. Chief Justice Hari Prasad Sharma chaired the meeting a few hours before his tenure was due to expire. Nepal’s constitution cannot be amended? No it can be amended as provisioned in the Article 116:PART 19 AMENDMENT OF THE CONSTITUTION 116. Amendment of the Constitution:(1) A bill to amend or repeal any Article of this Constitution, without prejudicing the spirit of the Preamble of this Constitution, may be introduced in either House of Parliament:Provided that this Article shall not be subject to amendment. (2) If each House, with a two-thirds majority of its total membership attending, passes a Bill introduced pursuant to clause (1) by a majority of at least two-thirds of the members present, the Bill shall be submitted to His Majesty for assent; and His Majesty may, within thirty days from the date of submission, either grant assent to such Bill or send the Bill back for reconsideration with His message to the House where the Bill originated. (3) A Bill sent back by His Majesty pursuant to clause (2) above shall be reconsidered by both Houses of Parliament; and if both the Houses, upon following the procedures referred to in clause (2), resubmit the Bill in its original an amended form to His Majesty for assent, His Majesty shall grant assent to such Bill within thirty days of such submission. Experts say the act of `amending' the constitutional provision (in this case, the provision of Article 117) through an executive order is blatant violation of the letter and spirit of the present constitution. "Nowhere in the world can a constitutional provision be amended by invoking another Article of the same constitution," said exports. There is certain procedure to amend the constitution which must be fulfilled while amending the fundamental law of the land . Article 116 of the constitution of the kingdom of Nepal says, the constitution can be amended (except those described as non-amendable) by the two-third majority of the House of Representatives only. The House of Representatives remains dissolved for the last three years. For the first time in the 15-year history `amended' constitution through executive order while appointing Chief Justice of the Supreme Court, made the Constitution of Nepal totally dead .

Chief Justice appointed

Kathmandu july 30-His Majesty King Gyanendra has, upon the recommendation of the Constitutional Council, appointed seniormost Justice at the Supreme Court Dilip Kumar Poudel as Chief Justice of the apex court, an official announcement said.
On Friday, HM the King had specified outgoing CJ Hari Prasad Sharma to chair the meeting of CJ to recommend his successor generating fresh controversy. As per the constitution, Prime Minister heads the CC.
Commenting on the appointment, former Justice at the Supreme Court, Krishna Jung Rayamajhi, said the process of specifying CJ invoking article 127 of the constitution was not in conformity with the constitution. The outcome is right but the process is not, he added.
A graduate in law and post-graduate in political science, newly appointed CJ Dilip Kumar Poudel had joined the judicial service four decades ago. “He is one of the few judges in the judiciary who have never courted any kind of controversy,” commented Kantipur daily on Saturday.

CJ appointment controversy: Constitution 'amended' through executive order Kathmandu july 29-For the first time in the 15-year history of the constitutional practice, the constitution of the kingdom of Nepal 1990 has been effectively `amended' through executive order while appointing Chief Justice of the Supreme Court, experts said. A communiqué issued by the Press Secretariat of His Majesty said Friday that His Majesty King Gyanendra has issued an order, as per Article 127 of the constitution, specifying Chief Justice to chair the meeting of Constitutional Council (CC) in order to recommend a person for the post of Chief Justice. Chief Justice is one of the members of the CC. The order had to be issued as His Majesty chairs the Council of Ministers and there is no Prime Minister in the country. Experts say this very situation has given rise to a 'grave constitutional crisis' as manifested in the appointment process of the Chief Justice of the country. Article 117 of the constitution has made provision of the Constitutional Council (CC), which is headed by Prime Minister. Other members of the CC include Chief Justice of the Supreme Court, Speaker of the House of Representatives, chairman of the National Assembly, leader of the main opposition in the House of Representatives and Minister for Law, Justice and Parliamentary Affairs. As positions of Prime Minister, chairman of the National Assembly and leader of the main opposition in the House of Representatives remain vacant, Speaker of the dissolved House Taranath Ranabhat and newly appointed Minister for Law, Justice and Parliamentary Affairs Niranjan Thapa took part in the meeting of the Constitutional Council Friday afternoon. Chief Justice Hari Prasad Sharma chaired the meeting a few hours before his tenure was due to expire. Sources said the meeting of the CC has recommended the seniormost Justice at the apex court, Dilip Kumar Poudel, for the post of new Chief Justice of the country. Experts say the act of `amending' the constitutional provision (in this case, the provision of Article 117) through an executive order is blatant violation of the letter and spirit of the present constitution. "Nowhere in the world can a constitutional provision be amended by invoking another Article of the same constitution," said Bhimarjun Acharya, a constitutional lawyer. "There is certain procedure to amend the constitution which must be fulfilled while amending the fundamental law of the land," he added. Article 116 of the constitution of the kingdom of Nepal says, the constitution can be amended (except those described as non-amendable) by the two-third majority of the House of Representatives only. The House of Representatives remains dissolved for the last three years. "It's not possible to amend the constitution by the executive or through an executive order," Acharya told Nepalnews. In a landmark judgment in the much talked about Wadhwa vs State of Bihar case, the Supreme Court of India had said, "To change the provision of the constitution through an executive order and thereby violate its letter and spirit is fraud on the constitution." So, what could have been done when there is no functioning parliament and prime minister elected by the parliament? There could have been two options, says Acharya. "One, to go for national referendum (on who should be the new CJ, for example) as practiced by some developed, democratic countries which would be a costly initiative for a country like Nepal. The second option could be to apply `Doctrine of Necessity' to recommend the seniormost Justice of the Supreme Court as the new CJ by the existing members of the CC (without changing its composition as prescribed by the constitution)," he opined. Experts warn that amending a constitutional provision through an executive order could set bad precedent for the constitutional and democratic process in the country. One of the main responsibilities of the Constitutional Council is to recommend chief official of the constitutional bodies including Public Service Commission, Commission for the Investigation of Abuse of Authority, Auditor General, Attorney General and the Election Commission. The act of 'amending' the constitutionally prescribed provision of the Constitutional Council through an executive order could compromise the independence and neutrality of the existing constitutional bodies, experts warned. Courtesy:nepalnews.com

4 convicted by RCCC at large

Kathmandu, July 29 - Four of the six people convicted by the Royal Commission for Corruption Control (RCCC) on July 26 for "misappropriation" of funds in the adit access road construction contract of the Melamchi Water Supply Project are at large. The police has not been able to trace them even after receiving written orders to arrest them and hand them over to the commission.
Former secretary, Tika Dutta Niraula, former chief of the Melamchi project; Dhruba Bahadur Shrestha, former deputy executive director of the project; Dipak Kumar Jha; and one of the contractors of the Melamchi adit access road, Jeep Chiring Lama, have gone incommunicado after the RCCC passed the "guilty" verdict on July 26.
Niraula's daughter, Lena Chapagain, said, "We have no information about his whereabouts. He has been out of contact since Tuesday (July 26) afternoon." Similarly, Kalpana Jha, wife of Dipak Kumar Jha, said, "He left on Tuesday afternoon saying that he was going to the commission to hear the verdict. He didn't return home and has been out of contact since."
Courtesy:Kathmandu post

Back to Home

Good bye CJ Sharma in political way After the controversial in retirement date ,Chief Justice Hari Prasad Sharma's will retire on July 29 is today . In Nijamati Kitabkhana (Civil Personnel Records) data, he had to retired on July 19 , but he did not accept that . Chief Justice (CJ) Hari Prasad Sharma With Chief Justice (CJ) Hari Prasad Sharma retiring today, King Gyanendra has called on him to chair a meeting of the constitutional council Friday to make recommendations for the appointment of the new CJ. According to state run Radio Nepal, it was stated in a notice issued by the Press Secretariat of His Majesty the King Friday. Chief Justice Hari parsad Sharma became contovercial , 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. "When CJ start to give speech as a political person then what will be the left" all critices . 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 said most lawyers . 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. After holding the top post of the judiciary for seven months, CJ Sharma is retiring from his post owing to age. The age limit for chief justices is 65. Good bye CJ sharma in political way.

Back to Home

Paudel set to put on Chief Justice’s gown Kathmandu, July 28-With Chief Justice Hari Prasad Shrama set to retire tomorrow, and the government saying the process to appoint his successor has begun, speculation is rife whether the next CJ will be appointed under article 127 or under 87(4). Article 87 (5) of the Constitution states that the Chief Justice or any other judge of the Supreme Court shall hold office until he attains the age of 65. After Sharma’s retirement, seniormost justice of the Supreme Court, Dilip Kumar Paudel, will head the judiciary either as (Photo courtesy: legal news from nepal) acting Chief Justice or as CJ appointed under Article 127 of the Constitution by the King. Aricle 127 comes into play because the Constitutional Council failed to recommend to the King any name for appointment as CJ. Minister of Law, Justice and Parliamentary Affairs, Niranjan Kumar Thapa, told that the process has begun to appoint the next CJ.Thapa, however, did not say whether an acting Chief Justice or a full-fledged Chief Justice would be appointed. “I can’t disclose it, but we have already started the process to appoint the next Chief Justice or an Acting Chief Justice in the country,” Thapa said. A source, however, said Justice Paudel would be an Acting Chief Justice as per the Article 87(4) of the Constitution if the King does not invoke Article 127 to appoint the next Chief Justice. The Constitutional Council failed to name a successor to Shrama or even to hold a meeting because currently the country does not have a prime minister. The prime minister is the chairman of the Constitutional Council.

Back to Home

Compensation from the state after four years Kathmandu july 28-Chief District Officer Niranjan Baral handed over a cheque of Rs fifty thousand to Amar Narayan Loniya of Devgaun VDC-1 whose left ankle had been displaced following torture in police custody around five years back. (Photo courtesy: CVICT Nepal) Loniya, 30, was arrested on charges of holding a counterfeit citizenship certificate and was put behind the bars for almost a month and tortured. Following his release, Nawalparasi district chapter of the Centre for Victims of Torture (CVICT) had lodged a case at the District Court. According to CVICT, the court issued a verdict asking the government to provide compensation to Loniya and to initiate departmental action against perpetrators in June, 2001. In response, the police filed a case at Appellate Court in Butwal. However, the Appellate Court also ruled in Loniya's favor in December 2003. But, the battle was not over yet. Supported by CVICT, Loniya had to lobby at the Home and Finance ministries and the local administration for months before he actually received the compensation. According to CVICT, of 107 cases filed by it across the country for torture compensation, 68 cases have been settled so far. Of them, court has ruled in favour of 20 victims only. Loniya is the only torture victim to have been compensated by the state so far. Compensation Against Torture Act, passed by the parliament in 1996, makes it mandatory for the state to compensate victims of torture and initiate departmental action against the perpetrator. Nepal is a signatory to the UN Convention Against Torture, 1975, and the country’s constitution also bars use of torture for any purpose. But rights groups say incidences of torture as a means to punish the opponents have skyrocketed in the country since the launching of the Maoist ‘people’s war’ more than nine years ago. Of late, people have been facing difficulties to report incidences of torture and seek medical, legal and psycho-social counseling, they say.

Back to Home

Who will be next Chief Justice ? Kathmandu, July28- After the controversial in retirement date ,Chief Justice Hari Prasad Sharma's will retire on July 29 is tomorrow . In Nijamati Kitabkhana (Civil Personnel Records) data, he had to retired on July 19 , but he did not accept that . Speaker Tara Nath Ranabhat has categorically said that there is no alternative other than to appoint an acting chief justice after Chief Justice (CJ), Hari Prasad Sharma's, term ends on July 29.The recommendation of the Constitutional Council (CC) is required for the king while appointing a new chief justice. However, in the absence of the prime minister, who heads the Constitutional Council, no such recommendation can be made.When asked about the possibility of invoking Article 127 to appoint the new CJ, he said, "That option is not available till Article 87 (4) of the Constitution remains active." Confusion still prevails over how to appoint next chief justice, Minister for Law, Justice and Parliamentary Affairs Niranjan Kumar Thapa said."There is no clear-cut way for appointing next Chief Justice," Thapa told . The Constitutional Council (CC) has hit a virtual deadlock with the Speaker of the House of Representatives refusing to attend a CC meeting to recommend a name for the next chief justice (CJ) citing the absence of a sitting prime minister, who constitutionally chairs the meeting. According to sources, Speaker Taranath Ranabhat has rejected the government's suggestion that the CJ could chair the CC in the absence of a prime minister. To allow the CJ to chair the CC, the government had suggested invoking either Article 127 of the constitution or preparing working procedure of the CC under Article 117 (3) and (4). According to sources, the Speaker has rejected both options, terming them unconstitutional but suggested appointing an acting chief justice. Constitutionally, the recommendation of the CC is necessary for the king while appointing a CJ. The top judicial post becomes vacant on July 29 when the CJ Hari Prasad Sharma, retires on grounds of age.The CC is deadlocked due to the Speaker's stance; hence, the CC meeting has not been called as of Tuesday. The government's Chief Secretary, Dr Bimal Koirala, who is supposed to call the meeting of the CC after "consultation with prime minister", also confirmed that the CC meeting has not yet been called.Government sources said that the Speaker's stance has heightened the possibility of the king invoking Article 127 to give authority to the incumbent chief justice to call and head the CC meeting to recommend a name. There is still question arising who will be the next Chief Justice.

Back to Home

Deuba can move UN rights panel Kathmandu, July 28-Legal experts suggested the six accused, including former prime minister Sher Bahadur Deuba and former minister Prakash Man Singh, could directly appeal to the United Nations Human Rights Committee, challenging the Royal Commission for Corruption Control’s decision, which sentenced them and slapped a fine on each in connection with alleged corruption in the proposed Melamchi Drinking Water Project (MDWP).In an interaction programme organised by the National Concern Society, general secretary Gopal Siwakoti Chantan said the convicted had the right to directly appeal to the UN Human Rights Committee, as Nepal has already ratified the International Covenant on Civil and Political Rights, 1966 on May 14, 1991.“The defendants (Deuba and others) can appeal to the UN Human Rights Committee for legal remedy as Nepal has already ratified the covenant; the ruling of the committee is binding on the country,” he said, adding that domestic law automatically becomes null and void if it contradicts international law.The convicted have to appeal to the UN committee within six months from the date of the verdict, he said, adding that hundreds of lawyers would be ready to defend them.Others who were convicted yesterday included secretary Tika Datta Niraula, executive director of MDWP Dhruba Bahadur Shrestha, deputy executive director of the project Dipak Kumar Jha and local contractor Jip Chiring Lama.Another lawyer Bhimarjun Acharya said the UN Human Rights Committee could overrule the RCCC’s decision as the commission was extra-constitutional and it is not “efficient, independent or impartial” from the point of view of Article 14 of the International Covenant on Civil and Political Rights, 1966.They also advised the accused not to challenge RCCC’s decision in any other court of appeal as it would give legitimacy to the commission’s formation and procedures of investigation, prosecution and verdict. They also said the accused could not be jailed as the RCCC’s verdict was not final. Courtesy:Himalayan News Service

Back to Home

CIAA files care against police officer Kathmandu July 28: The Commission for Investigation of the Abuse of Authority (CIAA) has filed a case at the Special Court against inspector Balkrishna Thapa for making forged details and disclosing less amount of gold than was confiscated from Tibetans while he was chief at the area police office in Bahrabise of Sindhupalchowk.The CIAA has demanded to recover Rs. 963,130 that is equivalent to the misappropriated amount and to impose fine against Thapa, who is currently posted as Deputy Superintendent of Police at Sarlahi District Police Office.According to the CIAA, police had confiscated gold amounting 1303.75 grams about four-and-a-half-years ago from some smugglers and the police had let go the smugglers and the vehicle that was seized along with them.The CIAA said that the amount of gold was mentioned in the confiscation paper in different ink and the signatures of the witnesses were also faked. Thapa is also accused of releasing the foreigners entering into the country illegally without taking any action under the immigration law.The CIAA has also charged Thapa of creating fake informer and putting the name of his wife, sister and himself as informers for commission. RCCC actions fetch Rs. 1.21 bln revenue Kathmandu , July 28-The Royal Commission for Control of Corruption (RCCC) has collected revenue worth Rs. 1.21 billion in the five months, since it was formed Gorkhapatra reports .The Commission confiscated goods that were imported by evading customs, raided different distilleries, transport trucks, stores and depots of businessmen, and handed over them to the concerned authorities for auction and fine to recover the taxes evaded. Similarly, arrears amounting Rs. 1.20 billion have been settled after the Commission took initiatives to settle the accounts as per the report of the office of the Audit General of the fiscal year of 2003/04.There are lots of business companies, which have been found involved in evading taxes while importing goods, showing sub-standard quality and low amount than the actual goods, the RCCC said.The Commission has also finalized six cases among more than 4,000 cases filed and it has been investigating into 32 cases related to irregular contract, amassing property and wealth through illegal means, smuggling and tax evasion, the RCCC informed.The commission said that it has been receiving complaints directly from the people or by post and it has been instructing the concerned departments, zonal and districts offices for the necessary action according to the urgency of the complaints. The Commission said that it has felt the necessity of a separate unit to control revenue leakage and to regulate the system of reward and punishment.The concerned central offices should bears the responsibilities to control corruption, which is pervasive, instead of leaving everything for the RCCC and the Commission for the Investigation of the Abuse of the Authority (CIAA).Same as ,SC has issued show cause order to RCCC that it has given District Administration office lalitput to investigation on Ashma cooperative. the petition was filed by Dhana govinda shrestha asking RCCC has did it lack of jurisdiction and against natural justice system . DAO has taken action to Asma cooperative in tha case of corruption .

Back to Home

Sobhraj knew of Deuba verdict before world did Kathmandu, July 27 - From behind bars, master criminal Charles Sobhraj came to know of the two-year jail term and Rs.90 million fine for deposed Nepalese prime minister Sher Bahadur Deuba perhaps much before most others.Sobhraj had apparently pieced it all together from the conversations of policemen.His lawyer Sanjeev Ghimire said he was aware of the verdict almost immediately though Deuba, his minister for physical planning and works Prakash Man Singh and four more people were sentenced to jail terms and fines late afternoon for corruption.Ghimire said Sobhraj could make out the verdict from the conversation of policemen in his prison, who were in a state of excitement, preparing to have Deuba and Singh transferred to one of the cells after the verdict.Sobhraj, who is a French national but is currently serving out a 20-year jail term in a Kathmandu prison, also told Ghimire: "I am amazed. I can make no head or tail of Nepalese politics."Dubbed "The Serpent" and "Bikini Killer" by the tabloids in the 1970s for a string of murders of young Western backpackers in several Asian countries, Sobhraj was arrested in Kathmandu in 2003 and charged with the double murder of American tourist Connie Jo Bronzich and her Canadian boyfriend Laurent Armand Carriere committed nearly three decades ago. A Kathmandu court found him guilty of Bronzich's murder last year and gave him life imprisonment.While his appeal is coming up for hearing next month, besides coordinating his defence with his lawyers, Sobhraj is also keenly studying the political changes in Nepal."Now that King Gyanendra has direct control of the government, he is taking action against people regarded as his men," he told Ghimire. Courtesy:Indo-Asian News Service

Back to Home

Gagan Thapa sent to seven-day custody Kathmandu july 27-The Special Court Wednesday gave permission to the police to detain student leader Gagan Thapa, who was arrested this morning in Kathmandu, for seven days until the case against is brought up against him under the Offence Against the State Act. A bench of Justices Govinda Prasad Parajuli, Rana Bahadur Bam, and Bhup Dhoj Adhikari passed the order. Police authorities had presented Thapa, a key leader of the Nepali Congress-affiliated Nepal Students Union (NSU) before the Special Court bench. Police also produced the tape of Thapa’s speech in a program a few days earlier in which he allegedly spoke against the institution of monarchy. Talking to reporters at the Special Court premises, Thapa said, “These developments are indications that the autocratic system in place is rupturing from inside.” “I call upon all the youths of the country to rise up against the autocratic system in a decisive way,” the firebrand leader said while being flanked towards the police vehicle after the court ruling. Thapa was arrested by plainclothes policemen from Maitidevi this morning while returning after meeting student leaders detained at Amam Nagar Police Post

Back to Home

After RCCC Verdict Kathmandu July 27-Within hours of the verdict by the Royal Commission on Corruption Control (RCCC), the Asian Development Bank (ADB) has said it is keen to study the Commission’s ruling. In a statement issued Tuesday, the Manila-based Bank said it has noted the RCCC’s announcement that found six persons guilty of irregularities with regard to awarding a contract under the Melamchi Water Supply Project (MWSP). At this stage, ADB does not know if the RCCC’s ruling relates to specific Government procedures, which may be outside the scope of the investigation that was recently carried out by the Integrity Division of the Office of the Auditor General (OAGI), an independent unit of ADB. “This investigation was to determine whether ADB procurement procedures had been correctly followed in the award of the contract,” the statement said. ADB is, therefore, keen to clarify whether the RCCC has additional information unknown to ADB that might be of relevance in determining possible violations of ADB’s policies or procedures, the Bank said. ADB will request a copy of the RCCC ruling, through authorities in the Government of Nepal, so that this matter may be further considered as appropriate, the statement added. A high-level ADB team, that visited Nepal from May 29 to June 2 this year, reported back to ADB headquarters saying that that the award of the said contract was in accordance with ADB’s guidelines for procurement and the loan documents. “Based on the assessment of the documents in its possession and the interviews carried out, OAGI (Integrity Division the Office of the Auditor General) has not found or received any evidence of collusion or other corrupt or fraudulent practice among those involved in the bidding process for the MDS/ AAR/ 02 contract (Contract of the access road),” the report said. The ADB had also submitted a copy of its findings to concerned government agencies days ahead of the RCCC verdict, according to newspaper reports. Interestingly, the RCCC rejected the report by the ADB, the main financer of the MWSP, in hearings on alleged corruption in the project. During the trial early this week, an RCCC member, Raghu Chandra Bahadur Singh—a former Army officer-- ordered defence attorneys not to cite the Bank’s report in defence of the accused. Reacting to the RCCC verdict on former prime minister Sher Bahadur Deuba and former minister Prakash Man Singh, the duo's lawyer today said they will move the Supreme Court challenging the formation of the Royal Commission for Corruption Control and its verdict.We will file a writ petition in the Supreme Court very soon and challenge the formation of the RCCC and todays decision, lawyer Prakash Raut told. The RCCC's formation is beyond the parameters of the Constitution of 1990 and as such we can file a plea challenging its verdict, Raut said. Police today barred Raut from meeting Deuba and Singh immediately after the verdict was pronounced. Chief legal advisor of the Nepali Congress (Democratic), senior Advocate Shree Hari Aryal, also said the decision by the royal anti-graft body is politically motivated and as such should be corrected legally and politically.If it is not corrected politically, we will have to go for a legal way,? he said. Aryal said the royal commission is not a regular court and the verdict is illegal. Same as,US Senator Tom Daschle has demanded that the controversial Royal Commission for Corruption Control (RCCC) be dissolved and all political prisoners including former premier Sher Bahadur Deuba and former minister Prakash Man Singh be released. Addressing a press meet in the capital, Kathmandu, this morning, Senator Daschle said corruption cases should be referred to the constitutionally-created Commission for the Investigation of the Abuse of Authority (CIAA) (after the RCCC is dissolved). Rape victims deprived of justice Morang, July 27- Rape, fear and social stigma. A 16-year-old girl surnamed Nepal, who was raped last April by a stranger is deprived of justice because she did not file the case at the court within 35-day time limit.Unmarried, she has now become the mother of an eight-month old daughter.“As I was returning home from the farm in the evening, someone shut up my mouth and forcefully raped,” she remembers the incident.As for the reason of not filing case on time, she said that her parents didn’t want to expose the case fearing that no one would marry her if they knew about it. “But when we rushed to file the case, it was already too late.”Nepal is not the only victim of rape who has been deprived of justice. A Magar girl of Barangi, Morang who was studying at class 9 was also raped by a stranger about 15 months ago. She also did not file case on time for fear of shame and losing social prestige. Now she is regretting over her indifference because she has become the mother of a six-month-old son.Similarly, last year a group of Indian robbers raped half a dozen teenage girls, nine married women including a 45-year-old widow identified as Safatan of Harchanagari, Morang, but only three of them are reported to have filed cases in the court.Safatan said the time duration was already over while they went to file the case after consultation with their husbands and parents. Thirty-three rape cases have been filed in the Morang District Court since May 2001. But court officials said that more than 33 cases could not be registered because the victims came to report only after 35 days.On the issue, lawyer Shyam Sundar Sutihar said it was necessary to extend 35-day time period with the amendment to the related law. Another lawyer Sushila Karki said that the 35-day time limit had benefited the criminals rather than the victims. “So, the time should be extended as soon as possible.”“In addition to the short duration, the victim’s responsibility to collect evidence has posed hindrances to the justice, making it ineffective and expensive,” said Sutihar.He said that victims were deprived of justice because of social exclusion and their ignorance about legal provision.The law has the provision of 10 to 15-year jail term for those found guilty of raping girls under 16 years of age while those found to have raped women over 16 years are handed down 5-7 years in prison.The victims also get half of the asset owned by the criminal as per law. Speaker refused to attend a CC meeting Kathmandu, July 27 - The Constitutional Council (CC) has hit a virtual deadlock with the Speaker of the House of Representatives refusing to attend a CC meeting to recommend a name for the next chief justice (CJ) citing the absence of a sitting prime minister, who constitutionally chairs the meeting. According to sources, Speaker Taranath Ranabhat has rejected the government's suggestion that the CJ could chair the CC in the absence of a prime minister. To allow the CJ to chair the CC, the government had suggested invoking either Article 127 of the constitution or preparing working procedure of the CC under Article 117 (3) and (4). According to sources, the Speaker has rejected both options, terming them unconstitutional but suggested appointing an acting chief justice. Constitutionally, the recommendation of the CC is necessary for the king while appointing a CJ. The top judicial post becomes vacant on July 29 when the CJ Hari Prasad Sharma, retires on grounds of age. The CC is deadlocked due to the Speaker's stance; hence, the CC meeting has not been called as of Tuesday. The government's Chief Secretary, Dr Bimal Koirala, who is supposed to call the meeting of the CC after "consultation with prime minister", also confirmed that the CC meeting has not yet been called. Government sources said that the Speaker's stance has heightened the possibility of the king invoking Article 127 to give authority to the incumbent chief justice to call and head the CC meeting to recommend a name.

Back to Home

Deuba, Singh get 2 years jail, Rs 90 million each fine Kathmandu July 26-Delivering the verdict on the Melamchi case for alleged corruption against former premier and Nepali Congress (Democratic) president Sher Bahadur Deuba and former minister Prakash Man Singh, the Royal Commission for Corruption Control (RCCC) on Tuesday has awarded a jail sentence of two years and a fine of Rs 90 million each. The RCCC also convicted former secretary Tika Dutta Niraula, executive director of Melamchi Drinking Water Project Dhruba Bahadur Shrestha, deputy executive director of the project Dipak Kumar Jha and contractor Jep Chhring Lama of Lama Constructions of corruption in the drinking water project. According to the verdict, the commission awarded a jail sentence of two years and a fine of Rs 90 million - 45 million as fine and Rs 45 million as repayment- to Deuba, Singh, Niraula and Shrestha. The commission moreover slapped one year's jail term, Rs 45 million (fine and repayment) each on Jha and Lama. A three-member panel comprising RCCC chairman Bhakta Bahadur Koirala, and members Raghu Chandra Bahadur Singh and Haribabu Chaudhary gave the verdict concluding much-awaited hearings on the Melamchi case

Back to Home

Supreme Court issued a stay order Kathmandu, July 26-The Supreme Court on monday issued a stay order to the government and the Lumbini Development Trust (LDT), directing them not to impose entry fee at the Mayadevi Temple in Lumbini, Kapilvastu. A single bench of Justice Balram KC issued the directive to the Ministry of Culture Tourism and Civil Aviation, the Lumbini Development Trust, its contact office in Kathmandu and its board of directors, as well as priest Ganga Prasad Pandey not to impose the entry fee. Allow devotees to enter the temple without payment of any fee and let them have unfettered opportunities to pray,the bench ordered. The bench issued the order in response to a public interest litigation (PIL) filed by a group of seven persons, including a local, Bijaya Kumar Baniya.The petitioners had challenged the decision of the LDT board of directors on December 24 imposing a Rs 10 entry fee for every person coming to the temple. The petitioners also pleaded that local people in Kapilvastu were unable to pay Rs 10 each time while seeking entry to the temple. Hence, it was impractical to impose the entry fee. The petitioners also claimed the entry fee provision was against Articles 11(1), 19 and 18 of the Constitution.It was also against the Lumbini Development Trust Act of 2042 BS, they said. Main drug peddlers released Kathmandu July 26-In one controversy case ,The supreme court has given order to released Dil Bahadur gurung ,Who was in jail from six month for drug Business. He was arrested by police in connection sending drugs to Canada . He is know as 'Don' of Drug business reports .Justice paramanad jha of supreme court has issued bail order to release him. In primary hearing ,Kathmandu District court has order to send him in jail and same did by appellate court . This another Robinson case said lawyer . If such thing happen again and again we are not able to bring any drug peddlers infront the court told government attorney . Lamsal stresses need to fight corruption in judiciary Kathmandu, July 26-recently nominated member of the Judicial Council, Bhairav Prasad Lamsal, said there is an urgent need to fight corruption in the judiciary. The King has appointed me as a member of the Judicial Council and as such I will have to work to combat corruption in the judiciary, Lamsal, who retired as a Supreme Court Justice just three months ago, said.Complete justice cannot be provided unless an honest person is appointed to the post of a Supreme Court justice, he said while talking to journalists after taking the oath of office administered to him by Chief Justice Hari Prasad Sharma, today. The King appointed him on Friday. Lack of regular inspection and monitoring in the courts has resulted in rampant corruption in several courts, he said, adding, If not regularly inspected, the courts will not be free from corruption, irregularities and maladministration.A good team work in the Judicial Council is very important to fight corruption, he said stressing the need to work without any personal interest.

Back to Home

Verdict on Melamchi case on Tuesday Kathmandu July 25-The Royal Commission on Control of Corruption (RCCC) has said it will deliver its verdict on the much-talked about Melamchi case on Tuesday. The announcement was made after the hearings on the Melamchi case concluded Monday. "The verdict on the case will be announced at 2 pm tomorrow," RCCC chairman Bhakta Bahadur Koirala, who was heading a three-member bench said immediately after the government attorney finished his pleading in today's hearing.A three-member panel comprising RCCC chairman Bhakta Bahadur Koirala, and members Raghu Chandra Bahadur Singh and Haribabu Chaudhary have been hearing cases of alleged corruption against former premier and Nepali Congress (Democratic) president Sher Bahadur Deuba, former minister Prakash Man Singh, senior government officials and a contractor. The Commission had taken Deuba and Singh into custody some three months ago and continues to detain them after they refused to recognize the legal and constitutional status of the Commission and post the bail demanded by it. The defense attorneys have referred to an Asian Development Bank (ADB) report that ruled out any irregularity while awarding the contract. The Commission, however, said it doesn’t recognize reports prepared by a third party.

Back to Home

RCCC rejects ADB report on Melamchi. Kathmandu july 24-The Royal Commission for Corruption Control (RCCC) Sunday rejected the recent report made public by the Asian Development Bank (ADB), the main financer of the Melamchi Drinking Water Project, which ruled out wrongdoings in the selection of contractors for the construction of access road. During the trial today, members of the RCCC bench ruled that the ADB report could not be taken into consideration while deciding the case. RCCC member Raghu Chandra Singh ordered defence attorneys not to cite the bank’s report in defence of the accused, it is learnt. The ADB last week published a report after a probe, declaring that there had been no irregularities while finalising the contract. Including Deuba and Singh, the RCCC has charged four others with misappropriations worth Rs.380 billion each in the project. The two NC (D) leaders have been facing custody since nearly three months while four other suspects are out after paying Rs.5 million bail each. Meanwhile, talking to media persons after the trial at the RCCC office, Deuba and Singh strongly deplored the RCCC’s ruling not to recognise the ADB report. Another trial, probably the final one, will be on Monday.

Back to Home

Next hearing on Sunday Kathmandu, July 23-The hearing on the Melamchi Drinking Water Project (MDWP) has been scheduled for Sunday after the defending lawyers demanded that they be allowed to question all the three senior government engineers “according to the judicial practice”. The royal commission bench on July 10 had directed the Ministry of Physical Planning and Works to form a committee of senior government engineers to calculate the cost of the Melamchi Drinking Water Project (MDWP) by studying its geographical situation and related documents. The committee had onlast submitted the report to the Commission. The lawyers, who took the statement of one of the engineers, Shiva Raj Sharma, on Friday, demanded that they would take the statement of the other two engineers, Kamal Raj Pandey and Keshav Bahadur Thapa, who were summoned by the royal commission, but did not appear in RCCC. Same as ,In investigation conducted by the Asian Development Bank has concluded that there was no evidence of irregularities and corruption in the contract awarding process of Melamchi Water Supply Project, according to reports.“Based on the assessment of the documents in its possession and the interviews carried out, OAGI (Integrity Division Investigation of the Office of the Auditor General) has not found or received any evidence of collusion or other corrupt or fraudulent practice among those involved in the bidding process for the MDS/ AAR/ 02 contract (Contract of the access road),” leading newspapers on Thursday quoted the internal ADB report – that has already been submitted to the Nepal government-- as saying.

Back to Home

RCCC Slaps Jail Term on CIT Director Kathmandu, July 22-The Royal Commission for Corruption Control (RCCC) today slapped a two-month jail term on Nandan Hari Sharma, executive director of Civil Investment Trust (CIT), for "allocating loan to a private company" without following proper procedures and investigation.The commission also slapped a jail term of one month to Sushil Aryal, senior official at CIT, for what the commission said "his involvement" in the loan process.The bench also slapped a jail term of one month to Nisha Thapa, receipient of the loan of Rs 49,620,000 from the CIT. The RCCC bench convicted her of keeping the same land as collateral in three different financial institutions, including the CIT.Thapa denied any irregularity in the whole loan-taking process.Sharma said he accepted the jail term as a "prize" for his honesty in the service life. "If corruption can be rooted out by sending a person like me to jail, I am glad to face it," he told reporters. Sharma tried to prove his innocence saying that the CIT board had made the decision in his absence.The hearing on the Melamchi Drinking Water Project (MDWP) has been scheduled for Sunday after the defending lawyers demanded that they be allowed to question all the three senior government engineers "according to the judicial practice".

Back to Home

HM designates Lamsal Judicial Council member

Kathmandu, July 22: His Majesty the King has, in accordance with the Constitution of the Kingdom of Nepal-1990, designated Bhairab Prasad Lamsal to the post of member of the Judicial Council for two years with salary and other facilities commensurate to the one of the Supreme Court judge.This is stated in a notice issued today by the Press Secretariat of His Majesty the King.

Not to move in apex court

Kathmandu, July 22 - Gopal Man Shrestha, the acting president of Nepal Congress (Democratic), said Thursday that his party would not knock on the doors of the Supreme Court to appeal against the illegal activities of the Royal Commission for Corruption Control (RCCC).
Speaking at a function organized at the partly office Thursday, Shrestha termed the detention of former prime minister Sher Bahadur Deuba and Prakash Man Singh "illegal".
"The duo has been illegally detained for three months. RCCC was formed with political motives and they are political detainees. The seven-party alliance will fight to provide them justice," he said.
Shrestha also said that Melamchi Water Supply Project is one of the accomplishments of People's Movement of 1990. "A mafia is active to close down the project and deprive people of drinking water," he said. "The palace receives incessant supply of water from Panipokharai. Their Majesties cannot understand the problems and diseases resulting from water scarcity," Shrestha said satirically.

Free civil service from politics-lawyers says?

Kathmandu, July 22- Every civil servant should be dedicated to their jobs and endeavour to provide prompt service to the people without being involved in politics, some noted lawyers said,report the Rising nepal.Their works should be oriented towards enhancing their efficiency by staying away from all kinds of political biases, they said. The recent amendment in the Civil Service Act is practical as well as timely and it has removed a lot of inconsistencies that were prevalent in the Act and practices in the bureaucratic history, they added.Senior advocate Krishna Prasad Bhandary said that the civil servants should not remain detached from the people and nation while performing their jobs. They should not be involved in practices that were against the ethics of bureaucracy, but were seen in the last 14 years, he said. He appreciated the present amendment in the Civil Service Act, which has prohibited unions in the civil service. “They should be concerned about their profession and about enhancement of their capabilities.” The Rising Nepal reportsAdvocate Prakash Wasti said that the recent amendment had addressed lots of issues related to the norms and values of independent bureaucracy.No country in the world allows the opening of sister organisations of the political parties in the civil service. Civil service has only one organisation, which is professional. “What the government did in the field of civil service is appreciable,” he added.There were lots of bitter experiences when the civil servants were divided in line with the political parties. There are many examples of those in power victimising the other group, he said. “They failed to deliver because of deep divisions.” Wasti said it was sorry to see the civil servants not hesitating to hoist the flags of the political parties ignoring their duties.The organisation should be formed for professional interest and wellbeing but not to play the role of an activist, he said. Overall, the present amendment in the act has endorsed a lot of transparent policies regarding their professional security including promotion, he said. “It’s not necessary to oppose everything just for the sake of opposing; we should develop a positive attitude and do not hesitate to say what is right and what is wrong”.Former officer at the office of Attorney General and advocate Lav Mainali said that what the government had done to desist the civil servants, who received their salaries from people’s taxes, from partisan politics deserved appreciation. “Any organisation of the civil servants should remain devoted to their professional welfare alone,” he said

Back to Home

Knockning the door of SC Kathmandu, July 21- Nepal Government Employees' Organisation (NGEO) is preparing to file a case in the Supreme Court challenging the recent amendment to the Civil Service Act of 2049 BS that has banned employees' unions."We will file a petition in the Supreme Court soon," general-secretary of the NGEO, said Bhola Pokhrel, the himalaya times reports.According to him, senior advocate Shree Hari Aryal, advocates Subash Chandra Nembang, Hari Prasad Uprety, Chandeshwor Shrestha, Hari Krishna Karki, Bhimarjun Acharya, Tikaram Bhattarai and Ramesh Badal suggested them to move the Supreme Court to restore their right to form unions.The lawyers said the ordinance was issued against the spirit of the 1990 Constitution and several international rights laws. No corruption in Melamchi: ADB says in Reports Kathmandu, July 21- Investigation conducted by the Asian Development Bank has concluded that there was no evidence of irregularities and corruption in the contract awarding process of Melamchi Water Supply Project, according to reports. “Based on the assessment of the documents in its possession and the interviews carried out, OAGI (Integrity Division Investigation of the Office of the Auditor General) has not found or received any evidence of collusion or other corrupt or fraudulent practice among those involved in the bidding process for the MDS/ AAR/ 02 contract (Contract of the access road),” leading newspapers on Thursday quoted the internal ADB report – that has already been submitted to the Nepal government-- as saying. The Manila-based Bank had dispatched a mission to Nepal from May 29 to June 2 this year weeks after a controversial anti-corruption watchdog in Nepal arrested former Prime Minister Sher Bahadur Deuba, former minister Prakash Man Singh and other officials on charge of their involvement in alleged corruption while awarding the contract. The mission, in its report, said that the award of the contract was in accordance with ADB’s guidelines for procurement and the loan documents. The OAGI also considered the relevance of the engineer’s estimation in the context of the procurement process leading to the contract in question and did not find any type of irregularity to indicate that the particular component was in any violation of ADB’s anti-corruption policy, reports said. Officials at the Nepal Resident Mission of the ADB in Kathmandu said they were not in a position to comment on the issue. They said they would forward queries, if any, to the ADB headquarters in Manila. ADB is one of the major financiers and coordinator of the multi-million dollar project. The Manila-based Bank had okayed US$ 120 million loan for the biggest drinking water project in the country in December 2000. Upon its completion, the project aims to initially pipe in 170 million litres of water every day into the capital valley from the snow-fed Melamchi River in Sindhupalchowk district to the northeast of Kathmandu. The latest `revelation’ has come only days ahead of the scheduled verdict by the controversial Royal Commission on Corruption Control (RCCC) against six defendants including former premier and Nepali Congress (Democratic) president Deuba. The Commission had arrested Deuba and Singh some three months ago and is still keeping them in its custody after they challenged its legal and constitutional status and refused to post bail demanded by it. had approved the contract. The duo are still being held on the charge. The report has come out at a time when the royal anti-graft panel is preparing to finalize the case and has scheduled Friday for hearing.

Back to Home

Confusion Prevails Over CJ Appointment Kathmandu, July 21-Though incumbent Chief Justice Hari Prasad Sharma is retiring on July 29, confusion still prevails over how to appoint next chief justice, Minister for Law, Justice and Parliamentary Affairs Niranjan Kumar Thapa said today."There is no clear-cut way for appointing next Chief Justice," Thapa told this daily. "Though I am an ex-officio member of the Constitutional Council (that has to select the Chief Justice), nobody has informed me about the meeting," he said.Speaker of the House of Representatives Tara Nath Ranabhat has already said that there is no way but to designate an acting Chief Justice as per Article 87(4) of the Constitution.Rababhat, another ex-officio member of the Constitutional Council, also said neither the King can activate Article 127 nor the Constitutional Council can hold a meeting without its Chairman (Prime Minister) to recommend CJ's name to the King.

Back to Home

Communication Corner illegal: written answer by Ministry

Kathmandu, July 21-The Ministry of Information and Communication wednesday reiterated its claim that Communication Corner Pvt Ltd, a producer and supplier of radio programmes, has been operating illegally.Furnishing explanations to the SC on why the government ordered to close the Corner, Lokman Singh Karki, secretary at the ministry, claimed that the Corner should be shut down as it has been operating illegally. He sought the SC’s order to ultimately shut down the Corner. The ministry also claimed that the Corner has been illegally using the radio machine beyond the limitation of its licence. It said the ministry had given licence to the Corner only to produce and supply radio programmes, not to broadcast them. Meanwhile, responding to another SC show cause notice, the ministry said it has not ordered anyone to suspend the mobile phone services.

Back to Home

Hearing on Melamchi Case Rescheduled Kathmandu, July 20-Hearing on the Melamchi Drinking Water Project (MDWP) case has been rescheduled for Friday after the defending lawyers asked the Royal Commission for Corruption Control (RCCC) bench that they should be allowed to debate on the report of the senior government engineers that was submitted to RCCC on Sunday.Meanwhile, vehicles that had gone to pick up former prime minister Sher Bahadur Deuba and former minister Prakash Man Singh for the scheduled hearing today returned from half way without bringing them after the security personnel were informed about the reschedule.

Back to Home

Civil servants challenge ban on unions Kathmandu, July 20 - Nepal Civil Employees’ Organization Chairman Murari Bhattarai said Tuesday that they would knock the doors of the Supreme Court to challenge government’s ban on civil servant unions. He also claimed that the right to form unions did not fall under the CSA’s jurisdiction. “We are registered under the National Directives Act 1961, not under the CSA. So we will challenge the government’s decision in the apex court,” Bhattarai said at a program yesterday. He also said that the civil servants are planning to launch protest programmes against the government’s ban on their unions as per the new amendment to the Civil Service Act 2049 B.S. “The government has forced civil servants to protest by snatching their right to form unions,” he said. “We did our best to avoid strikes and protests, abiding by a serious sense of responsibility, but the government has forced us to reverse our decisions,” Bhattarai also criticized the government for ignoring the International Labour Organization’s suggestion to hold consultations with the civil servants before changing such laws pertaining to them.

Back to Home

Smugglers arrested
Kathmandu, July 20 - Security personnel deployed in Royal National Chitwan Park have arrested three smugglers including leader Pemba Lama alias Yakche who were involved in illegal trade of rhino horn, Tuesday.
All three were arrested a month ago in Chitwan and were made public only yesterday after necessary investigations, reported our correspondent, quoting security forces.
Police suspect Lama is the top gun involved in illegal trade of rhino horn.
Lama, hailing from Kathmandu, confessed he has sold at least 20 rhino horns to businessmen from Tibet. He has reportedly collected assets worth over Rs.250 million by smuggling rhino horn.
“Lama was found to be the most dangerous rhino horn smuggler from the investigation,” said Kamaljung Kunwar, assistant conservation officer at the Royal National Chitwan Park. “This is a big step for us in controlling the poaching of rhinos.”
Twenty-six rhinos died in Chitwan in the fiscal year 2061-62 BS, out of which 15 were killed by the poachers.
Considered the endangered species, rhinos have depleted in number in the national park from 544 to 372 in the past five years. Their population further declined to 360 by the end of May 2005.
Wildlife experts say that poaching has been the greatest threat to rhino population. Poachers kill rhinos for their horn, which has high medicinal value and fetches from around Rs.2.5 million to Rs.4 million per kilogram in the international black market

Back to Home

Verdict on CIT cases today Kathmandu, July 20- At the end of a weeklong interrogations into a case of alleged irregularities in the Citizen Investment Trust (CIT), the Royal Commission for Control of Corruption (RCCC) will issue its verdict on whether to remand the accused in custody on Wednesday.The investigation team of the RCCC has filed cases, as per Clause 17 of the Corruption Control Act 2059, against three persons—the executive director of the Trust Nandahari Sharma, deputy manager Sushil Kumar Aryal and debtor Nisha Thapa —on charges of irregularities while approving and taking loans from the organisation, the RCCC said.The CIT had issued about Rs. 50 million loans to Nisha Thapa last fiscal year when she already was in the defaulters’ list of the Standard Finance Company and Sidhhartha Bank from where she had taken loans amounting to Rs. 40 million and Rs. 20 million respectively.The land at Putali Sadak that was shown as the collateral had already been used to get loans from Standard Finance Company and the Company was about to auction the land to recoup its loan. The investigation also found that Thapa had even taken Rs. 4 million loans from Harati Cooperative with the same land as security and the money was used to pay the interest to another finance company, the Commission said.The creditor found that she had taken loans by setting up a pseudo company named BN Supermarket. The CIT officials are accused of providing loans to Thapa despite knowing that the land was used as collateral in another finance company. They are charged of misusing the deposits of the civil servants, the Commission said. The issuance of the loan was also against the criteria of the CIT Act 2047, the RCCC said. All the defendants are under judicial custody.Meanwhile, the Commission said that it had finished seeking explanations from the witnesses of the Melamchi Drinking Water Project scam and the hearings on the case would start from Wednesday.Former Prime Minister Sher Bahadur Deuba and former minister Prakash Man Singh are in judicial custody after they refused to deposit the amount of Rs. 5 million demanded by the RCCC bench in connection with the alleged irregularities while awarding contract of the main access road of the Project. Firing in Siraha court Siraha, July 20-Irate villagers surrounded Siraha district court and stoned it after the release of two persons charged for murder Tuesday, Nepal Samacharpatra reports.Security forces fired dozens on rounds in the air while dozens of persons were injured in a clash. No alternative to acting CJ’ Kathmandu, July 20 - Speaker Tara Nath Ranabhat has categorically said that there is no alternative other than to appoint an acting chief justice after the present Chief Justice (CJ), Hari Prasad Sharma's, term ends on July 29. The recommendation of the Constitutional Council (CC) is required for the king while appointing a new chief justice. However, in the absence of the prime minister, who heads the Constitutional Council, no such recommendation can be made. Besides, the Speaker has also ruled out the possibility of using Article 127 by the king to appoint the new chief justice. "If the Constitution is to be abided by, there is no alternative [for the king] than to designate the senior-most justice of the Supreme Court to act as acting chief justice [when the incumbent CJ retires], " Ranbhat said. The Speaker, who is also a CC member, made the remarks when the Post inquired about how the next chief justice would be appointed by the king in the absence of a prime minister." When asked about the possibility of invoking Article 127 to appoint the new CJ, he said, "That option is not available till Article 87 (4) of the Constitution remains active." The Article gives authority to the king to designate the senior-most judge to act as the acting chief justice when the office of the CJ becomes vacant, or the latter is unable to carry out the duties of his office due to illness or any other reasons. In an inquiry relating to the possibility of calling a CC meeting to recommend a name as the new CJ, he emphasized, "Nobody except the prime minister, has the authority to call the CC meeting." When asked whether he had talked with the king on the issue, he replied, "No, not yet." However, newly appointed Law Minister, Niranjan Thapa, said that the issue of appointing the next CJ is being mulled over. SC Upholds WLL Stay Order Kathmandu, July 20 - The Supreme Court (SC), on Tuesday, upheld its July 11 order to Nepal Telecom (NT) to stay all ongoing work of CDMA-based basic telephone services. The state-owned company was carrying out preparations on a war footing to make the service available in the capital by November this year. The state-owned telecom company is required to halt all preparations related to CDMA-based telephone services until the court finalizes the case. Justices Chandra Prasad Parajuli and Rajendra Kumar Bhandari upheld the July 11 stay order, which was effective until Tuesday, stating that the writ petition challenging the operation of CDMA telephone services would be "meaningless if the court does not uphold its earlier stay order". The judges ordered its administration to assign priority to the case. According to lawyers of Nepal Telecom, the company has already spent 750 million rupees for the preparation of the proposed telephone services and has plans to spend 1.83 billion rupees to make available one million lines throughout the country in three phases by 2008. As the judges pronounced the judgement today, officials of Nepal Telecom became shell shocked, and some were even seen with tears in their eyes. The CDMA telephone service is based on the latest wireless technology. Besides, the technology is expected to make telephone network expansion cost effective and time- saving. The technology is said be suitable for Nepal's geographical terrain where wire telephone services is a difficult proposition.

Back to Home

New Civil Service Act 2062 provisions on scientific basis ? Kathmandu, July 19- Government has brought Civil Service Act 2062 through Ordinance to make the civil service sector more competent and service oriented, said Minister for Information and Communication Tanka Dhakal Monday.Speaking at a programme organised at the Department of Information, he said that civil service mechanism should be pro-people and result-oriented but the erstwhile governments had manipulated civil service for political gains. He said, “Civil service is like a permanent government but frequent changes in governments and unethical political interference affected the civil service.”He said that the government has tried to correct the past mistakes in other sectors besides the reform in the civil service act. In this connection, a high level committee has been formed to study the problems of bonded labors, landless and squatters. Another separate high level committee has been formed to study and to eliminate the problems surfaced in supply process in the Kathmandu Valley.The new act has made new provisions including promotion, vacancies, new recruitment, transference, succession, punishment, perks and benefits, retirement and voluntary retirements , new provision of positive discrimination to promote women, indigenous people, dalits and differently able people claim the Minister for General Administration Krishna Lal Thakali . This act has made these changes • Right to form union goes By this new Act, made a provision for the operation of no association or union of the civil servants in the country other than as specified, no matter whatever is written in the existing law of the Kingdom.• Throwback to Panchayat days There was a ban on unions during the Panchayat regime. • Low-level staff to be on contract The new ordinance has envisaged to take in staffers like peons, drivers and sweepers on a contract basis. This new act has also Take pension entitlement from those joining government service from now on away. However, this does not apply for the time being to the army and the police. The ordinance also authorises a committee to recommend names for the post of secretaries three times more than vacancies. Any civil servant acquiring a permanent citizenship in a foreign land would be automatically removed from service, the ordinance states.Most of the civil servent has made their deep concern agianst this act reports.

Back to Home

Robber arrested Kathmandu july 18- Police has arrested Lila Bahadur Lama who robbed Everest Bank and other financial institutions, reports said .He went on a looting spree as Gaurab, Valley convener of CPN (Maoists).Police picked him from Jaya Nepal Chitraghar while he was watching a movie.Police said, during investigations, it came to light Lama also looted Rs one million from Kantipur Finance and Rs 300,000 from Golcha Organization.Lama was absconding after looting three million rupees from Everest Bank. Same as, The Valley Police has launched a campaign to apprehend suspicious persons walking during the night. Deputy Inspector General of Police, Krishna Basnet, at the Valley Police Office said the campaign is aimed at making the Valley free from crimes. In the last two days, police have taken 90 persons into custody.In Sorakhutte Ward Police Office, has 45 persons in its custody and that, they would be freed after necessary interrogation finishes in three or four dayssaid the officer. Meanwhile, Kamal-pokhari Ward Police Office arrested two persons of a gang, which was involved in a series of looting incidents in Kathmandu. Police said Binod Rai (27) of Bhojpur and Prem Poudel (22) of Banke were arrested from Kumarigalli while they were fleeing with some looted money. They both were living in Maitidevi. Police seized four gold chains, a nickel chain, one gold necklace, one earring, one silver ring, US $300 and Rs 700 from them. During the interrogation they admitted that the property in their possession was looted from a person at Kalopul.

Back to Home

Chief Justice Opens Pilot Court

Kathmandu, July 17-Chief Justice Hari Prasad Sharma yesterday inaugurated the Pilot Court in the capital as part judicial reforms financed by the United Nations Development Programme (UNDP).Under the latest step, the Kathmandu District Court (KDC) has been turned into a pilot court.Present on the occasion were UNDP Resident Representative Mathew Kahane and the Chief of Office of High Commissioner for Human Rights (OHCHR) Ian Martin.

Back to Home

10-day jail-term Kathmandu, July 15-The Kathmandu District Administration Office today gave the go-ahead to Kathmandu District Police Office to keep the six student leaders, who were arrested yesterday, in custody for 10 days under the Public Offence Act. The six — NSU’s Pradip Poudel, Narayan Bharati, BP Regmi, Pushpa Shahi and Saroj Thapa and ANNFSU’s Thakur Gaire — were arrested during a protest rally at Baneshwor yesterday and are kept at Singha Durbar Ward Police Office, Anamnagar. Meanwhile, a meeting of eight student unions gave a three-day ultimatum to the government to release the six. The unions have said they would take strong measures if the six leaders were not freed by Monday. Police helps conwoman flee from courthouse Kathmandu, July 15-Goma KC who was produced before the Kathmandu District Court yesterday by Maharajgunj Ward Police Office, fled from the court with the help of the same policeman who had brought her to the court. Goma, who stood to face a yearlong jail-term, was produced before the KDC for cheating Devendra Shrestha. Immediately after she was produced in court, constable Chandra Bahadur Bhugel helped her slip out before formal proceedings could begin. “She fled with the help of police constable Bhugel before the court proceeding could start,” Devendra’s lawyer Tara Bahadur Shrestha told repoters. “After fleeing from the court, she telephoned from her mobile phone and threatened me,” Devendra said. “On her mobile, she told me that she was ready to pay back Rs 1 lakh and asked me to settle the case out of court,” he added. Registrar of the KDC, Balabhadra Banstola, confirmed that Goma had fled from the court but added that the court was not responsible for her flight. “The police did not formally produce Goma nor was the letter of the Ward Police Office submitted to us. Thus, we are not responsible,” he added. A contrite constable Bhugel turned up at the Ward Police Office this morning, apologising for his mistake and pleading that Goma had cheated him. “He reported that Goma took him to her room yesterday and fled this morning,” said Inspector at the Ward Police Office, Basanta Kumar Thapa, adding that action against Bhugel has been initiated.The KDC and Patan Appellate Court had convicted Goma for her not returning the Rs 3 lakh that she had taken from Devendra. A defiant Goma had crowed even after the conviction that no one could send her to jail as she was the sister of former minister Bal Bahadur KC.

Back to Home

RCCC grilling on CIT cases Kathmandu, July 15-The Royal Commission for Corruption Control (RCCC) Thursday started seeking explanations from the executive director of the Citizen Investment Trust (CIT) Nandahari Sharma, deputy manager Shushil Kumar Sharma and debtor Nisha Thapa.The investigation team of the Commission has filed cases, as per the Clause 17 of the Corruption Control Act 2059, against the three on charges of being involved in irregularities while issuing and taking loans from the Trust, the RCCC said.The CIT had issued about Rs. 50 million to debtor Nisha Thapa four months ago when she already was in the list of defaulter of the Standard Finance Company and Siddhartha Bank from where she had taken loan amounting Rs. 40 million and Rs.20 million respectively.The collateral, a piece of land at Putali Sadak, that was used for the CIT loan had already been deposited in the Standard Finance Company and Siddhartha Bank and the land was about to be auctioned by the finance company to recoup its loans.The investigation also found that Thapa had even taken Rs. 4 million loan from Harati Cooperatives with the same land as surety and the money was used to pay the interest to the finance company. The debtor has found that she has taken loan by creating shadow company named B N Supermarket and the CIT officials were found guilty of providing her the loan knowing that the land was used as collateral in another company. They are charged of misusing the deposits of the civil servants, the Commission said.The issuance of the loan was also against the criteria of the CIT Act 2047, the RCCC said. All three are under judicial custody.

Back to Home

Three arrested including chief of Lagani Kosh

Lalitpur, 14 July- RCCC Wednesday arrested three persons, including Executive Director of Nagarik Lagani Kosh, for misappropriating Rs 50 million, Kantipur reports.Executive Director Nandahari Sharma, Investment Department Chief Sushil Prasad Aryal and creditor Nisha Thapa were arrested.

KDC to be a pilot court
Kathmandu, July 14- The Kathmandu District Court (KDC) will turn into a pilot court , with assistance from the United Nations Development Programme (UNDP) to strengthen the rule of law in the country.According to the KDC registrar, Balabhadra Banstola, all necessary infrastructure has been developed to announce the KDC as a pilot court.According to him, the KDC would be the seventh pilot court in the country and the first pilot court in Kathmandu Valley.

Back to Home

KDAO warned against defiance Kathmandu july 13-Saying the Kathamndu District Administration Office (KDAO) defied its order while furnishing details in regard to a habeas corpus, the Supreme Court (SC) has sought clarification from Sushil Ghimire, Chief District Officer (CDO) of Kathamndu, within 24 hours. “Clarify why action should not be taken against officials who have been defying orders of the apex court,” stated the SC letter dispatched to the KDAO on Tuesday. On June 15, the SC had questioned KDAO’s process to prosecute a Maoist suspect Chin Bahadur Gurung. SC has alleged the KDAO of violating Article 95 of the constitution by not furnishing the details as demanded by the SC in connection with a habeas corpus seeking the release of Gurung. Producing details on Gurung, the KDAO had claimed that he had been taken under preventive detention on charge of his involvement in terrorist activities

Back to Home

SC stays RCCC order to slap VAT on Birgunj medical college Kathmandu July 13 - The Supreme Court (SC), on Tuesday, ordered the Royal Commission for Corruption Control (RCCC) and the tax office based in Birgunj to stay its order to National Medical College Pvt Ltd for payment of value added tax (VAT) till the court settles the case. On June 21, the RCCC had ordered the Inland Revenue Office, Birgunj, to collect Rs 3.7 million rupees from the medical college, alleging that the college had not cleared its VAT for the last five fiscal years. Justice Sharada Prasad Pandit passed the stay order in response to a writ petition filed by Basaruddin Ansari, managing director of the medical college. The court also ordered the RCCC and Birgunj Inland Revenue Office to furnish their respective written replies regarding the order to the medical college.

Back to Home

SC issued stay order Kathmandu July 12-The Supreme Court on Monday issued stay order to the government and Nepal Telecom (NT), state owned telecommunications Company, not to carry out work relating to CDMA telephone service till July 18. Responding to public interest litigation, SC Justice Paramananda Jha issued the order. The SC said it would decide whether or not to extend its stay order on July 18. The NT has launched CDMA based basic telephone (C-phone) services in Kathmandu valley, on the occasion of His Majesty’s birthday. The service is to begin in Kathmandu by November. According to NT officials, the NT has planned to distribute a total of one million C-phone lines throughout the country by 2008. In the first phase, it would distribute 100,000 lines in Kathmandu and 75,000 lines each in Bhairahawa and Biratnagar. Same as, SC issued show cause order in the case of jurisdiction and opening district and appellate court .Advocate rajeeb bastola has filed the case saying opening district and appellate court in justice administration act 2048 is contradictory to the constitution .justice parmandan jha issued the order.

Back to Home

Nepali seeks justice in Malaysia Kathmandu, July 11 - A Nepali man, wrongfully jailed for 51 days and whipped on "baseless" charges in Malaysia, is seeking justice in Kuala Lumpur, the Malaysian capital. Mangal Bahadur Gurung, 30, of Arughat (Gorkha district,) was wrongfully detained on March 15 during an Ops Tegas operation by Rela personnel and sent to Semenyih Detention Center, despite producing valid passport and other supporting documents proving his status as legal, according to Sunday Mail newspaper, published from Kuala Lumpur. At the time of his arrest, Gurung was fighting a legal battle for unpaid wages from Deen Café and Restoran Raya, both owned by the same employer, for whom he had worked for some 16 months since he reached Malaysia on September 3, 2003. Later, he was sentenced by the Petaling Jaya magistrate's court on March 23 to 10 months' jail and ordered to be given one stroke of the rotan (punishment by whipping) for entering the country "illegally". However, his conviction was subsequently set aside on May 12 when it was proven that he was innocent of all charges. He was assisted by a human rights NGO named Tenaganita in fighting the legal battle. At a press conference on July 5 in the Malaysian capital, Tenaganita director Dr Irene Fernandez urged the Malaysian government to make a public apology to Gurung. Gurung told journalists at the press conference that the 51 days he had spent in prison was tortuous. "It was a nightmare," he said. "I want the Malaysian Government to compensate me for all the pain I went through. "It's not about money. It is about justice. I don't want anyone else to suffer the same ordeal. If I were to just let the matter rest, more migrant workers would be taken advantage of," he added. Anyway, Gurung was given RM 13,000 (about Rs 247,000) plus plane tickets to travel home, by his employers as unpaid wages on June 14.

Back to Home

RCCC Asks Govt to Form Panel Kathmandu, July 10-The Royal Commission for Corruption Control (RCCC) today directed the Ministry of Physical Planning and Works to form a committee to calculate the cost of access road to the Melamchi Drinking Water Project (MDWP) by studying its geographical situation and related documents.A three-member bench of RCCC members Hari B Chaudhary, Prem Bahadur Khati and Raghu Chandra B Singh ordered that the committee will comprise three senior government engineers and it will submit its report within seven days.Former prime minister Sher Bahadur Deuba, former minister Prakash Man Singh and officials of the MDWP have been accused of irregularities while awarding contract to the CCENC-Sharma and Lama JV for Rs 950 million.The RCCC officials arrested Deuba on April 27. Deuba and Singh are still in custody for refusing to submit the bail amount while MDWP officials were released on bail on May 31.The committee has also been asked to compare the contract procedures of the MDWP with the International Contract Bidding.

Back to Home

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.

Back to Home

Civil service act amended Kathmandu, 8 July-The council of ministers has approved the controversial draft of a civil service act 2049 to be promulgated by ordinance, Nepal Samacharpatra reports.A meeting of the council of ministers approved the draft Wednesday; it was prepared by the Ministry of General Administration, a source at the Ministry said Thursday.The provision for a professional organization for civil servants has been suspended in the controversial draft; officials can be sent to a reserve pool indefinitely. Order made before writ Kathmandu July 8- Supreme court had made order before writ petition was inter the court, daily Kantipur reports. Justice Ram nagina singh and Sharada shrestha has issued such order in the case of one cooperative Ltd On the case of the Shahara saving and investment co operative society Ltd, Sarlahi, the writ was came in the court on June 9 but the disision was made one week before the writ came in the court, on 1 June . the petition was about the legality of the working committee of that cooperative Ltd . it was know ,Former law minister nagendra kumar ray was made working president by that order of the SC said in the reports.

Back to Home

France asks Nepal to expedite Sobhraj’s trial
Kathmandu, July 7 - Concerned at the Nepali court's inordinate delay in hearing the appeal of criminal Charles Sobhraj, France has asked Nepal government to expedite the trial of Sobhraj, news reports .
The French embassy in Kathmandu sent a letter to Ministry of Foreign Affairs, requesting the government to ask the judicial authorities to conclude the appeal hearing "within a reasonable period of time," The Himalayan Times daily reported on July 5.
The letter dated June 20 also said since according to Sobhraj's lawyers "doubts could be expressed" regarding some of the documents produced to charge him with the double murder, the case should be examined accordingly, according to reports.
Charles Sobhraj, 62, a notorious criminal accused in a string of murders of young Western tourists, was arrested on September 19, 2003 in Kathmandu.Sobhraj, nicknamed "The Serpent" for his cunning escapes from the law, has been in the wanted list in Nepal for the 1975 murders of a young American and a Canadian.Sobhraj is believed to have committed the murders of Laurant Armant Carierr of Canada on December 21, 1975 and that of Conijo Broniz of the United States on December 23, 1975, before absconding from Nepal.
The Kathmandu District Court convicted Sobhraj of murder and slapped a life sentence of 20 years after nearly a year-long trial.Sobhraj is in prison in Kathmandu since his arrest in September 2003.

Appeal court with out judge
-by reporters
Dipayal July 7- From three month, there is no case hearing in the appellate court Dipayal, absence of the judges . Only judge Jageswhor sudedi on duty and for hearing the judges have to be two .More than 100 cases been effected .Appellate court Dipayal hear appeal of Bajhang , Acham ,Bajura ,Kailali and Doti .
This cost a lot to the people to came court and have to return empty with out hearing their cases says local people .Not more cases have been registered and people use to came Supreme court for the writ .This also makes local advocate jobless said .

Back to Home

Chief Justice appointment row : Nation may see an Acting CJ
Kathmandu, July 6- High-ranking officials in the government and the judiciary are mulling appointing an Acting Chief Justice, as chances of selecting the next Chief Justice seem remote under the circumstances. A high-ranking government official told this daily that if the Constitutional Council cannot conduct any meeting in the absence of a prime minister in the country, an Acting Chief Justice might be selected. “If there is no way to select a Chief Justice, there might be an Acting Chief Justice,” he added. Speaker of the House of Representatives, Tara Nath Ranabhat, has said it would be unconstitutional to hold a meeting of the Constitutional Council in the absence of the Prime Minister. Government officials and some in the judiciary have started homework to appoint an Acting Chief Justice, an official close to the incumbent Chief Justice Hari Prasad Sharma said today.According to him, Sharma today held a meeting with the chairman of the Nepal Law Reform Commission, Niranjan Thapa, who advised the CJ to suggest any senior justice at the Supreme Court as the Acting Chief Justice. Thapa today met Sharma in the CJ’s chamber this afternoon and advised him to activate Article 87 (4) of the 1990 Constitution which provides authority to the King to designate an Acting Chief Justice. “If the office of the Chief Justice becomes vacant, or the Chief Justice is unable to carry out the duties of his office due to illness or any other reason, or his being outside of Nepal, His Majesty may designate the senior most Judge to act as the Acting Chief Justice,” the article states.When contacted, Thapa said he did not want to say anything. However, senior most justice of the Supreme Court Dilip Kumar Paudel said: “Officials the Constitutional Council should work properly while selecting the next Chief Justice. Nobody has contacted me on the issue”. If seniority is given priority to select the next CJ, according to the Constitution, Paudel should be the CJ. Speaker Ranabhat, who is the ex-officio member of the Council, however, said today there would not be any Acting Chief Justice for a long time. He also said there is no option but to appoint a Prime Minister to activate the Constitutional Council.
Courtesy : Himalayan Times

Back to Home

Jailed for abusing girl by reporters Hetauda july 6--District judge Bishnu prasad paudel delivered the verdict against 25 years old Navaraj Bk Residence of Hadikhola VDC 5, sentenced to a 7-year jail term for raping a girl .Half of his property has also given to the victim girl. Navaraj found guilty in raping 13 years old sister in law.

Back to Home

All detentions after the royal takeover were illegal: Experts Referring to court verdicts over the last five months, leading lawyers and legal experts have said all the political arrests after the royal takeover of February 1 were “illegal.” In response to habeas corpus petitions filed by hundreds of political activists, students and professionals around the country since the imposition of the state of emergency on February 1 this year, the Supreme Court and Appellate Courts have held such detentions as illegal and have ordered immediate release of the detainee. The government has failed to justify even a single case of preventive detention during this period, experts said. “The Supreme Court, responding to habeas corpus writ petitions filed on behalf of the detainees, has made it clear that putting people under house arrest or behind bars after seizure of power by the king were pure violations of the rue of law in the Kingdom,” senior advocate Radheshyam Adhikary, who is also a member of the National Assembly, told Nepalnews. “The release of Narahari Acharya, Krishna Pahadi and Basu Koirala is the government’s self-realization of its past mistakes,” he said. Saying that civil liberties were still under siege, Adhikary urged the government to lift all restrictions on civil liberties suspended even after withdrawal of the state of emergency in late April this year. What is noteworthy is that Nepali Congress central member Narahari Acharya, leading human rights activist Krishna Pahadi and student leader Basu Koirala were freed Monday despite their public statements that they would not move the court seeking their release. Security forces had detained thousands of political prisoners across the Kingdom following king’s assumption of power in February and some of them were allegedly tortured. Advocate Agni Kharel, former general secretary of the Nepal Bar Association, suspected if the government’s move to release politicians and rights activists on Monday was an outcome of international pressure. “If this act is the government’s self realization of its past mistakes, it is positive. However, it will be too early to judge its action right now.” Kharel also termed all detentions after royal takeover as ‘illegal and violation of the rule of the law’ He said, ” Before being optimist on governments’ performances, we will have to wait and see its future actions.” Advocate Bal Krishna Neupane, well-known for his royalist views, however, said, “It would be wrong to describe the government’s actions as legal or illegal. It’s the work of the state to detain or release any of its citizens as per the need and as specified by prevailing law.” “Government performed its duty while court also carried out its constitutional duty. They are both carrying out their responsibilities,” he said adding, “If the state feels the need to arrest someone, it can and I see all the activities (after the royal move) as part of a regular process. “ (Nepalnews special ) Courtesy:www.nepalnews.com

Back to Home

Big drama in SC premises Kathmandu, July 5 - There was high drama on the Supreme Court premises yesterday, though not of a very edifying type. The apex court ordered the release of alleged Maoist Karna Bahadur Thapa Magar, who was rearrested three weeks ago by the security forces after the SC ordered his release. Thapa Magar, however, refused to leave the premises. He told a gathering of journalists, human rights activists and UN observers that security forces might kill him if he left the premises exulting over his freedom. Considering the past cases of security forces rearresting those granted freedom by the SC and the SC not doing anything about such brazen contempt or disdain shown to it, people who had gathered there thought Thapa Magar had a strong case!Some plainclothes securitymen--two of whom were wearing masks--were waiting for him in the court premises to rearrest him from the time the court released him in the presence of the Supreme Court acting Registrar Durga Prasad Duwadi. As Magar's vehicle emerged from the court premises, some plainclothes securitymen on motorcycles followed the vehicle. This was the second time the court had to order the authorities to release Magar. On June 8, the court had ordered the authorities to release him in the presence of a judge of the Kathmandu District Court. He was however re-arrested from the premises of Kathmandu District Court soon after he emerged from the court gates. While passing the order to the authorities, Justices Khilraj Regmi and Balram KC drew the attention of the authorities not to re-arrest Magar since such a situation is against Article 12 of the Constitution - right to freedom - and international humanitarian laws. The court also reminded the authorities not to repeat such acts [re-arrest in defiance of court orders]. The court’s business ended at 5 pm, the officials of the court waited till 8 pm. Human rights activist Mandira Sharma said that after getting to his friend’s house, Thapa Magar is now “safe.” Obviously, those who had watched the unfolding of the drama asked questions like “how safe” and “for how long”. But none had any answer. Officiating SC Registrar Durga Prasad Dawadi said: “It was against the constitution and the rule of law to have tried to rearrest anyone freed by the SC”. “I will give a report to the CJ on the drama played by the security forces on the court premises,” Dawadi said. In their order, the justices told the government to follow the statute and international human rights conventions to which Nepal is a signatory. The 32-year old had to finally flee in a vehicle escorted by two UN vehicles at 8:55 pm, three hours after the court set him free. Four UN human rights monitors escorted him to a safe place. Meanwhile, the army has given "a false" statement to the Supreme Court regarding the arrest of Magar. According to a written reply from the Royal Nepalese Army Headquarters, Magar was arrested in Bhaktapur by patrolling security forces on June 9 with socket bombs and "terrorist related documents".

Back to Home

Surprise over writ petition Kathmandu July 3-Former minister and Nepali Congress central member, Narahari Acharya, has expressed surprise over the filing of a habeas corpus petition seeking an order to release him without his consent. Advocates Suman Khanal and Rajan Adhikari had filed a petition, on behalf of Acharya, questioning the constitutionality and legality of Acharya’s detention. “Every citizen has the right to file a petition on issues of public interest. Acharya has been detained so I filed the petition,” reports quoted advocate Khanal as saying. Acharya, in a press statement issued from security custody where he has been detained said Saturday, “I am saddened over the filing of the petition which is against what I have stated.” In the statement, Acharya also appealed all to struggle for the restoration of complete democracy in the country. He was arrested soon after the royal takeover of February 1.Last week, Acharya had told the media that he would not move the court seeking his release, as his fight was political and not a legal one.

Back to Home

Law is the superior than others: Aryal Kathmandu July 3-A former justice of the Supreme Court, Laxman Prasad Aryal, Addressing a programme organised by the Centre for Human Rights and Democratic Studies (CEHURDES) at Lalitpur Saturday , said he was dismayed to see that former (retired) General’s of the Army were explaining the country’s constitution. Former justice Aryal, who is also one of the framers of the country’s constitution—said what could be more ironical than to see four-star General explaining about the country’s constitution and rule of law. Commenting on recent remarks by former Royal Nepalese ambassador to UK and president of World Hindu Federation, General Bharat Keshar Simha that a Hindu king was not supposed to be confined within (the written) constitution, Aryal said do’s and don’ts for a king are well defined in Hindu scriptures. He quoted ancient Rig Veda as saying that law is the king of kings. Aryal said problems being seen in the county were not due to the constitution but due to lack of adherence to the constitution. “Gone are the days when an individual would run the country through a decree,” he said. Quoting Napoleon’s famous saying “He who thinks is my enemy,” former Justice Aryal said rulers of the day in Nepal were afraid of all those who could think and decide what was right and what was wrong. Aryal further said the state of emergency imposed on February 1, this year was a false one. The emergency was imposed only to avoid protests from the political parties.

Back to Home

Valley courts will re open on sunday from July 16 Kathmandu, July 2 - The Supreme Court on Thursday decided to scrap the Sunday holiday being observed since 1994 in the courts of the Kathmandu Valley with effect from July 16. The decision taken by the Full Bench on Friday has ended the decade-long Sunday holiday practice exercised by the courts in the three districts of the Valley - Kathmandu, Lalitpur and Bhaktapur. In July 1994, a Full Bench had set Sunday as holiday for Valley-based courts "as a symbol of judicial independence". The decision is learned to have been taken "to bring uniformity in holidays" among courts in the country, and to accommodate the "frequent urgings" from government officials to remove the Sunday holiday so as to bring about uniformity in the holiday system between the judiciary and the executive. The executive had taken a similar decision some three months ago, ending the Sunday holiday practice in government offices based in the Valley. Debate over Sunday holiday in Valley-based courts had surfaced at the time the executive scrapped the holiday. A proposal was presented then before the Full Court, the apex policy making body of the judiciary, but was "put on hold" as some judges sought for the logic behind the change. A justice talking to the Post said, "We passed the removal of the Sunday holiday as Chief Justice Hari Prasad Sharma told the Full Court that government secretaries and lawyers had frequently complained to him about the inconveniences so caused." Supreme Court spokesperson, Dr Ram Krishna Timalsena, however, said that the decision was taken as per the judiciary authority to set its holiday on its own according to the need of the time. He rejected the notion of government influence in the decision. The Supreme Court Regulations give authority to the Full Court to change its holiday

Back to Home

The RCCC member terrorizes businessmen in Birgunj Kathmandu July 1-Businessmen in southern town of Birgunj—a major business hub of the country—have been terrorized due to haphazard raids being carried out by a team of the controversial Royal Commission on Corruption Control (RCCC), a leading newsmagazine reported. According to Himal khabarpatrika, a seven-member RCCC team led by Commission member Prem Bahadur Khati has already raided over two dozen business firms in Birgunj. He has also visited government offices like land revenue, transport, electricity and asked for documents the staff were dealing. Local officials said the Commission had asked with them details of those who had become millionaire overnight. Khati’s `childish’ behavior has been exposed with his contradictory statements. At one occasion, he said he would be investigating into the cases related to ‘fly-by-night millionaires.’ On the very next occasion, he said he would also be investigating into transfer of school teachers as well as VDC secretaries who had not completed their projects. Said Bijay Sarabagi, president of the Birgunj Chamber of Commerce and Industry (BCCI), “Agencies like customs, internal revenue and revenue investigation department are already operating in Birgunj. Now RCCC is here. (We don’t know) towards how many agencies do we need to be accountable. If the situation persists, we will have no option but to give up businesses.” Said another businessmen, “It is not appropriate to harass the businessmen who are already suffering from Maoist extortion and constant inspection by various agencies.” Located at Nepal-India border, Birgunj is a major trading and industrial town and the major import hub of the country. Inland Container Depot (ICD), also known as `Dry Port’ has already been set up and is in operation in this city. Khati had led an anti-corruption rally in Birgunj some one and half years ago with the help of controversial businessmen like Bhola Shah, Rajnish Sindhi and Dipak Manange.’ During his latest trip, the RCCC took into custody, Umesh Tibrewala--business partner of former minister and Rastriya Prajatantra Party leader Rajiv Parajuli—overnight and released him the next day. Tibrewala said a police inspector asked him if he had Parajuli’s property in his name. “They repeatedly asked me about details of my property,” he added. An official with the Commission for Investigation of Abuse of Authority (CIAA) said, “When you don’t have to follow rules and regulations then you are free to do whatever you like.” Talking to Himal khabarpatrika, Khati said the RCCC had to be constituted as the CIAA and special court had failed to discharge their duties. He also refuted reports that he was harassing the businessmen. “Those who have personal grudges against me are talking like that,” he added. Khati further said through his investigation he had found that smuggling and bribery were rampant in Birgunj. “In the land revenue office, I found that the employees were taking bribe between Rs 5 to 35. Ever since I arrived here, offices have become active, smugglers have become alert and revenue collection has gone up,” he claimed. Khati has said he will open an ‘ijlas’ (a trial court) of the Commission in Birgunj and will send all the corrupt people to jail. He, however, clarified that whatever he was doing now was `only an investigation.’ RCCC was constituted after the royal takeover of February 1. It has been authorized to investigate, prosecute and hand out verdict on cases of corruption. Critics say to vest all these powers into a single agency is against basic norms of natural law. Opposition parties have even alleged the Commission of working out of political vendetta. RCCC officials deny such allegations. (Nepalnews/Himal special) Courtesy: www.nepalnews.com

Back to Home

CJ Sharma retireson July 29 ? Kathmandu, July1-Chief Justice Hari Prasad Sharma will retire on July 29, according to the Supreme Court (SC) and the Judicial Council (JC), which is headed by the chief justice. He would not retire on July 19 as required by Nijamati Kitabkhana (Civil Personnel Records) data. The SC and JC informed Attorney General Pawan Kumar Ojha yesterday that Sharma would not abide by the records at the Nijamati Kitabkhana (Civil Personnel Records). The CJ would instead retire on July 29 , the date of birth furnished by him at the SC and JC, the AG was told by acting Registrar of SC Dr Ram Krishna Timalsena and JC secretary Kashi Raj Dahal. According to a high-ranking official at the Law Service, AG Ojha lobbied for following the Kitabkhana date, but Dr Timalsena and Dahal begged to differ. During the meeting, the AG had suggested placing the issue before the Constitutional Council meeting for a decision. According to the official, Ojha cited examples of former chief justice Kedar Nath Upadhayaya, justices Bhairav Prasad Lamsal and Gopal Prasad Khatri, who had retired on the Kitabkhana dates. However, Dr Timalsena and Dahal did not agree with him. They said there was no ground for Sharma to retire on the basis of the Kitabkhana record as they claimed the record was incorrect. When contacted, Dahal failed to justify their claim saying that he cannot comment on the issue. However, there is a precedent that whenever there is a controversy regarding retirement dates, a person retires on the earlier date.

Back to Home