Police defy court order, re-arrest five persons

Kathmandu Aug 31-Police on Tuesday have re-arrested five suspected Maoist cadres by defying order of the District Court of Morang to release them.
According to reports, plain-clothes security personnel took Badri Rai, Dipak Tamang and Narayan Shrestha of Khotang district, Pokhar Chand of Salyan and Bal Bahadur Singh Thakuri of Jajarkot district from the district court premises as soon as they were released in eastern twon of Biratnagar as per the court order.
They were arrested nearly one and half years ago on charge of being involved in Maoist activities. Chief Judge of the District Court, Thakur Prasad Sharma, had instructed security personnel not to arrest anybody from the court premises but the security personnel defied his instructions, Kantipur dialy reported.
Nepal Bar Association Morang district unit has protested the act of detaining people from court premises by defying the court order.

CIAA files cases against govt officials, businessmen

Kathmandu Aug 31-The Commission for the Investigation of Abuse of the Authority (CIAA) filed 10 separate corruption cases at the Special Court against 28 persons including senior government officials on Tuesday.
Completing its investigation into the report of the judicial Investigation on Property Commission, the CIAA filed charge-sheets against former joint secretary at the Finance Ministry, Sabitri Raj Bhandari, Former Myagdi CDO, Gyan Chandra Bhattrai, and officer at the Survey Department in Chabahil, Bam Dev Adhikari, for financial irregularities.
The anti-graft watchdog has demanded the court to recover over 50 million from the accused and seizure of the illegally earned property.
Cases were filed against 22 persons including some defaulters and managing director of the Maharajgunj branch of Agricultural Development Bank (ADB), Karan Singh Bhandari. Among them, 12 persons are in judicial custody, the CIAA said. ADB Manager Bhandari and section officers Govinda Prasad Joshi and Min Bahadur GC and accountant Madhusudan Mahat were booked on corruption charges. They have been alleged of over-evaluation of the low quality collateral and creating a false business firm in papers while issuing loans amounting Rs 10.5 million.
Similarly, those accused borrowers are proprietor of Everest Bag Industry, Sumitra Shah, partners of Sijapati Printing Press, Suman Maharjan and Uma Maharjan, proprietor of the Sadikshya Handicraft Nabaraj Khatri, Dipak Sapkota of Sagar Hotel and Lodge and Prithvi Singh of Saileshwori handicrafts.
The commission has also accused the survey officers of the survey offices of Kalanki and Dillibazaar of involving in corruption by presenting fake survey report with malicious intentions. They are Habendra Prasad Dev, Ramhari Khatri, Dev Narayan Thakur, Umakanta Yadav, Yubraj Dhungana and Bidur Kumar Bhandari.

RCCC probe continues Parajuli grilled

Kathmandu, Aug. 31 -Royal Commission for Control of Corruption (RCCC) continued interrogating former minister and central working committee member of the RPP, Rajib Parajuli on Tuesday.The Commission had filed a charge sheet against Parajuli and senior officer of the Survey Department Bamdev Deep Adhikary on Monday in connection with amassing property disproportionate to his earnings. Parajuli and Adhikary are in judicial custody. Meanwhile, RSS adds: a writ has been filed at the Supreme Court today on behalf of former minister Rajib Parajuli against whom a case has been filed at the Royal Commission for Corruption Control (RCCC) on the charge of amassing property through illegal means while holding public posts at different times.The writ filed by Sanjeev Parajuli, brother of the former minister, clams that the assets in former minister Parajuli and his family’s name was legal and as per the laws and that the Commission cannot take action as it would be against the fundamental rights provided by the Constitution of the Kingdom of Nepal-1990.

SC Orders Freed Rawal

Kathmandu, Aug 30-The Supreme Court today ordered the Royal Commission for Corruption Control (RCCC) not to arrest Bhim Rawal, former minister and central committee member of the Communist Party of Nepal (UML).
Responding to a writ petition filed in the apex court by Rawal yesterday against the RCCC's summons to him on Sunday to present himself before the commission within 24 hours, a single bench of justice Ram Prasad Shrestha ordered the commission not to arrest Rawal until further orders.
The court said the RCCC cannot arrest Rawal in connection with a case in which the Commission for Investigation of Abuse of Authority has already given a clean chit and until the court gives a decision on the case filed by Rawal. The court ordered the RCCC not to take any action against Rawal until the court issues another order in the case and until the defendents in the case filed by Rawal RCCC and the government furnish their reply to the court.
Rawal was arrested by the RCCC this morning in connection with corruption charges in a case related to hiring on lease of a China Southwest Airlines' aircraft by Royal Nepal Airlines Corporation some six years ago when Rawal was minister for tourism and civil aviation.
Rawal was arrested after he did not produce himself before the commission, which on Sunday summoned Rawal to produce himself before it within 24 hours, and instead moved the Supreme Court against the RCCC.
Mainwhile ,The Royal Commission for Corruption Control freed Bhim Rawal, whom the commission arrested this morning on charge of corruption in a six-year-old case related to the hire on lease of a China Southwest Airlines’ aircraft.
The commission freed Rawal after the Supreme Court this afternoon ordered it not to arrest Rawal in a case in which the Commission for Investigation of Abuse of Authority has already given a clean chit to Rawal.The court ordered the commission not to take any action against Rawal until the court gives decision on a case filed yesterday by Rawal against the RCCC and until the defendants in the case the government and the RCCC furnish replies to the court.

Appellate Courts Can Now Hear TADO Cases

Kathmandu, Aug 30-The government today empowered all the 16 Appellate Courts across the country to hear the cases against Maoists who have been tagged by the government as terrorists under the Terrorists and Disruptive Activities Control and Punishment Ordinance 2005 (TADO).
Publishing a notice in the Nepal Gazette, the government empowered all the appellate courts to look the cases under the Terrorists and Disruptive Activities Control and Punishment Ordinance 2005 (TADO).The council of ministers has the authority to empower any appellate court look into cases related with the Maoists.
Earlier, only five appellate courts Patan, Biratnagar, Pokhara, Nepalgunj, and Mahendranagar have the authority to hear cases under TADO.

RCCC takes formal minister Rawal into custody

Kathmandu Aug 30-Royal Commission for Corruption Control (RCCC) has taken former minister and UML leader, Bhim Rawal, into custody Tuesday morning.
As per the order of the Commission, police arrested Rawal from his residence at Ghattekulo at around 9:45 a. m. He has been taken at the Commission’s office at Pulchowk and RCCC officials are said to be inquiring him about his role
On Sunday, the controversial Commission had summoned Rawal to be present before it in connection with the investigation on leasing of a China South West Airlines plane by the state-run Royal Nepal Airlines Corporation in the mid-nineties.
Instead of obliging the RCCC, Rawal filed a petition at the Supreme Court on Monday challenging the Commission’s authority (to summon him) and urging the apex court to issue an interim order.
Preliminary hearings on Rawal’s petition is scheduled to take place at the apex court this afternoon.
Meanwhile, legal community in the country were dismayed at the RCCC’s act of `detaining’ Rawal after he had approached the Supreme Court for protection against ‘illegal detention.’
The constitution of the kingdom of Nepal, 1990, guarantees the citizen’s right against illegal detention.
Rawal instead yesterday choose to go to Supreme Court against the commission saying the summon was unconstitutional. Rawal had argued that the summon was extra-constitutional as the constitutionally-formed anti-graft body — the Commission for Investigation of Abuse of Authority — has already given him clean chit in the case.
The commission has accused Rawal of corruption in the hiring on lease of the aircraft by the Royal Nepal Airlines Corporation during his tanure at the minister for tourism and civil aviation.

SC show cause on civil servant's case

Katthmandu, Aug 30 - The Supreme Court, on Monday, ordered the government to be present before it on September 7 to discuss the issuing of an interim order regarding the government ban on union of civil servants. Besides, the court also ordered the government to furnish written reply regarding its ban on civil servants' union through amendment in the Civil Service Act last month. Meanwhile, the court deferred for the eighth time, hearing on a writ petition questioning the constitutionality of the controversial Royal Commission for Corruption Control.

Rawal Moves SC against RCCC Summon

Kathmandu, Aug 29-In a bid to defy the 24-hour summon notice from the Royal Commission For Corruption Control (RCCC),Former minister and CPN (UML) leader Bhim Rawal Monday filed a writ petition at the Supreme Court against the summon order of the Royal Commission for Corruption Control (RCCC) over alleged corruption in a leasing deal of a China South West Airlines (CSWA) aircraft some right years back.
Filing a writ petition in the apex court, Rawal said the RCCC summon was illegal as the constitutionally formed anti-graft body — the Commission for the investigation of Abuse of Authority (CIAA) — has already given him a clean chit in the case.
Rawal in his petition said the ‘unconstitutional’ Royal Commission had summoned him for interrogation without clear legal grounds on a case in which he has already been given clean-chit by the Commission for Investigation of Abuse of Authority (CIAA).
Receiving the RCCC notice yesterday, Rawal had pledged to appear before the anti-corruption body to record his statement but today he opted to knock the Supreme Court doors after consultation with his legal advisors, UML sources said.
Rawal has been accused of irregularity by fixing the daily fare of USD 3150 while leasing the CSWA aircraft instead of USD 2800 as mentioned in the lease agreement.

SC Fiat on Petro Price Hike

Kathmandu, Aug 29-The Supreme Court on Monday ordered the government to attend before the apex court to participate in a hearing to decide whether or not to issue a stay order against the government's recent decision to hike the price of petroleum products.
A single bench of justice Arjun Prasad Singh issued the order following a hearing on the writ petition filed by advocate Chandra Kanta Gyawali against the price hike. Gyawali had claimed that the government has hiked the price without properly analysing the economic situation in the country.
The bench also ordered the Cabinet Secretariat, the Ministry of Industry, Commerce and Supply and the Nepal Oil Corporation to appear before the apex court within seven days.

RCCC Vs CIAA

The controversial Royal Commission for Corruption Control (RCCC) has summoned former minister and CPN-UML leader Bhim Rawal in connection with eight-year-old case of leasing of China South West Airlines (CSWA).
In a letter handed over to Rawal on Sunday, the Commission asked Rawal to report to the commission within 24 hours.
Reports say the RCCC is looking into the case of alleged irregularities while leasing the CSWA aircraft for the national flag carrier, Royal Nepalese Airlines Corporation (RNAC). Rawal was the Minister for Tourism and Civil Aviation when the deal was made.
Rawal has been accused of irregularity by fixing the daily fare of USD 3150 while leasing the CSWA aircraft instead of USD 2800 as mentioned in the lease agreement.
This is the first time RCCC has summoned a UML leader on corruption charge. Interestingly, the RCCC reopened the case, in which the committee for investigation of abuse of authority (CIAA), after a thorough investigation, had also given a clean chit to him. The CIAA had investigated the case after the Public Account Committee of the House of Representatives had referred the case to the constitutional anti-graft body. Rawal could not be contacted for comment. The UML’s central committee meeting today condemned the RCCC action against Rawal. The meeting said this was a blatant attack on the constitutionalism by intervening in a case settled by the constitutional body.
RCCC has been empowered to investigate, prosecute and hand out judgment on cases of corruption. Legal experts say such a mandate is simply against the natural law of justice.

RCCC Summons UML Leader Bhim Rawal

Kathmandu, August 28-The Royal Commission for Corruption Control (RCCC) today summoned Bhim Rawal, former minister and CPN-UML leader, for investigation on charges of irregularities while taking South West China Airlines’ aircraft on lease some six years ago.
According to a RCCC source, the anti-graft royal commission has ordered Rawal to be present before the commission within 24 hours to face the charge.Rawal had been charged for irregularities in the deal to lease the aircraft while he was Minister for Tourism and Civil Aviation in May 2001.
The RCCC source also claimed that Rawal, after receiving the notice, reportedly said he would face the commission tomorrow. This is the first time the RCCC has summoned any UML leader on corruption charge.
The Commission for Investigation of Abuse of Authority had also investigated the issue.
Likewise, the royal anti-graft body is filing a case against former minister Rajiv Parajuli

Writ challenges RCCC verdict against Deuba, Singh

Kathmandu Aug 28-A writ petition was filed at the Supreme Court Sunday on behalf of former Prime Minister and Nepali Congress (Democratic) president Sher Bahadur Deuba and former minister Prakash Man Singh, challenging the verdict of the Royal Commission for Control of Corruption (RCCC) that slapped them two-year jail term and Rs 90 million fine each.

Almost one month after the commission convicted them for corruption in Melamchi Drinking Water Project, Deuba and Singh have appealed to the apex court against the RCCC verdict. They have also challenged the constitutionality of the commission.

According to their lawyer, Prakash Raut, the detained leaders filed appeals in the apex court through jail administration. The jail administration forwarded their documents to the apex court and apex court registered their appeals shortly before the office time ended today.

Writ petition was brought to the apex court demanding that the ‘unjustifiable’ verdict of the ‘unconstitutional royal commission’ be nullified.The RCCC had on July 26 announced its sentence against Deuba, Singh and four others convicting them for corruption in the selection of the construction contractor of the access road of the multi-billion rupees Melamchi Drinking Water Project.
“We are not ready to recognise the RCCC as a court and the verdicts passed by it,” they claimed in the appeals.
The leaders also claimed that the formation of the RCCC and its extension as per the Article 127 of the Constitution was unconstitutional. They also claimed that neither the Constitution authorised the King to from such a commission as per Article 115 (7) nor can its tenure be extended as per the Article 127.
The constitution does not authorise any body to exercise the rights to investigate, prosecute and decide on any matter, they have said in the appeals.
Deuba and Singh, who have dubbed the RCCC verdict as being politically motivated, are currently facing detention.

Legal experts welcomed reopen House revival case

Kathmandu, Aug27-Legal experts welcomed the Supreme Court’s endeavour to reopen the review petition, which was pending since the last three years, seeking reinstatement of the dissolved House of Representatives. “Though the apex court reopened it late, it is a positive move,” former Law Minister Subash Chandra Nemwang told reports himalaya times. “We cannot discuss the pros and cons of any sub-judice case. Hence, all I want to say is the apex court has to think seriously,” Nemwang, a prominent lawyer, said. “Since the apex court has said the case will be scheduled for the bench soon, the case ought to be settled properly,” he added. “There is sufficient ground to review the judgement passed while upholding Sher Bahadur Deuba’s recommendation to the King to dissolve the lower chamber of parliament three years ago,” he added.
“Since the government failed to hold elections in the last three years, the apex court is the only platform to settle the present constitutional and political crisis,” he added. Former Attorney General Mahadev Yadav said the apex court can review any case as per the Judicial Administration Act 1991 if there are any grounds as required by the 1991 Act. As per the Act, the Surpeme Court can review its previous verdict if such doubtful verdict violates precedents established by the apex court, or if new evidence is found even after issuing a verdict.
“Nobody can question the wisdom of the apex court if it entitles such a situation of absence of the parliament as evidence to decide the case,” Yadav added. Former President of Nepal Bar Association, Harihar Dahal, said since the apex court had reopened the case now everyone could hope that the constitutional deadlock would end. “Being lawyers, we have no authority to predict judgement on any sub-judice matter. I can just say that it is a positive move of the Supreme Court as it has seriously taken up the issue,” Dahal added.

Man taken into custody for bank fraud

Kathmandu, Aug 27 Giriraj Neupane of Parohi-Rupandehi has been taken into custody for allegedly taking out money from the account of his house owner Giri Raj Pant by using fake signature. Neupane lives in Pant’s house in Butwal municipality as tenant.The Rupandehi district court ordered him to be taken into custody on August 21, according to a press statement of the Nepal Police. Giri, 22, had drawn Rs. 263,165 from the saving account No. 7201 of the Nepal Bank Limited’s Manigram branch at different times. The account was even found closed after withdrawal of all the money, police said. The money was taken out in connivance of assistant manager of the bank Rajendra Bahadur Sinha, store keeper Top Raj Pandey and peon Krishna Prasad Pandey, the police said. But the bank staffs have been released on bail.

It's time for fifth verdict

Kathmandu, August 26-The Supreme Court reopened the review petition seeking the reinstatement of the dissolved House of Representatives which has been pending for the last three years. Chief Justice Dilip Kumar Paudel Paudel formed an 11-member bench this morning to decide whether or not to have a full hearing on the petition.
However,The Supreme Court had issued different verdicts in the past 15 years while deciding dissolution cases after 1990 Constitution came into effect. The SC had upheld the House dissolution on the recommendation of the then prime minister, Girija Prasad Koirala, in 1994. It had reasoned it was discretionary power of the prime minister to dissolve lower chamber of parliament and to seek people’s mandate as per Article 53 (4) of the Constitution.
In the case challenging Manamohan Adhikary’s dissolution recommendation after a no-confidence motion was moved against him in 1996, the apex court had said a prime minister cannot escape no confidence proceedings and should be ready to face such a move by reviving the House. The SC had added that a PM heading a minority government cannot exercise discretionary powers to dissolve the House.
In 1998, Surya Bahdur Thapa had resigned as PM when the King rejected his recommendation to dissolve the House after the SC opined if there were alternatives to form government, PM heading minority government cannot dissolve the House.
While upholding Deuba’s recommendation to dissolve the House in 2002, the SC had said it was the discretionary power of a PM to seek new mandate as per Article 53 (4) of the Constitution. The bench had opined that elections can be held even during the state of Emergency, as the Constitution did not bar the holding of polls during the Emergency.
Whatever the verdict comes in front ,that makes again the courts in controversial.

Student leader to face sedition charges

Kathmandu, Aug 26 - The government is preparing to file a sedition charge against another student leader for shouting ant-monarchy slogan in a protest demonstration in Baglung.
The Special Court (SC) on Thursday extended the judicial remand of central member of CPN-UML aligned All Nepal National Free Students Union, Govinda Nepali by 10 days.
The authorities arrested Nepali from a protest demonstration staged against the recent price hike in petroleum products in Baglung on Tuesday.
Eariler on Aug. 14, the government had filed the same charge sheet against prominent student leader Gagan Thapa for chanting ant-monarchy slogan during a protest rally in Kathmandu.
The SC on Aug.14 decision orderd the government authorities to release Thapa saying that the charges against him were not clear.

CIAA files corruption case against Koirala’s ex secretary

Kathmandu Aug 25-The Commission for Investigation of Abuse of Authority (CIAA) Thursday filed a case against Gokarna Poudel, former secretary of Nepali Congress president Girija Prasad Koirala, at the Special Court for corruption worth Rs 26.3 million.
The anti-graft body in the charge sheet accused Poudel of amassing huge amount of property through illegal means when he worked as the personal secretary of then Prime Minister Koirala. Poudel who hails from Bhurtung-6, Gulmi district, remained Koirala’s secretary for more than five years since 2048 B.S.
Currently, Poudel who lives at Chundevi, Kathmandu, is at large, state-owned Radio Nepal said quoting CIAA officials.

SC order released Journalist Ghimire

Kathmandu Aug 25-Journalist Bhaikaji Ghimire has been released on Thursday afternoon from Nakkhu jail in Lalitpur as per Supreme Court’s order.
Affiliated to Samadristi vernacular monthly, journalist Ghimire was arrested in Kathmandu on December 2003. Facing long-term security custody, Ghimire was transferred to Nakkhu jail only early this year.
He was released in the presence of HURON president, Charan Prasain and central member of the Federation of Nepalese Journalists (FNJ) Narayan Amrit.
Ghimire was facing jail term for long, on a number of charges.

Bangladesh Court Jails 3 Nepalis for Life

Dhaka, August 25-A Bangladesh court has sentenced three Nepali nationals, two of them women, to life for trying to smuggle nine kilograms of hasish out of the country, prosecutors said today.
Sunita Pune Magar, 30, Bindu Maya Tamang, 28, and Lal Bahadur Tamang, 40, were impassive as the judge of the additional metropolitan session court announced the verdict yesterday, additional public prosecutor Golam Mostofa said.
Sentencing the Nepali trio to life, Judge Nazrul Islam said the prosecution had proved they were part of an international drug trafficking gang.
Magar and Maya Tamang were arrested by customs officials at Dhaka's Zia International Airport on May 6, 2001 after hashish was found in their bags.Lal Bahadur Tamang was later arrested by immigration police in the northern landport of Burimari, about 300 km from Dhaka, as he was trying to reach India without a passport."The prosecution has proved that he is the leader of the gang," Mostafa said.

SC Starts Hearing on House Revival Plea

Kathmandu, Aug 25-The Supreme Court is to start hearing on a review plea filed seeking reinstatement of the dissolved House of Representatives this afternoon.news reports
An eleven-member special bench, comprising Chief Justice Dilip Kumar Paudel and justices Kedar Prasad Giri, Min Bahadur Rayamajhi, Ram Nagina Singh, Anup Raj Sharma, Ram Prasad Shrestha, Khil Raj Regmi, Sharada Prasad Pundit, Sharada Shrestha, Arjun Prasad Singh and Hari Jung Sijapati will look into the case. According to the Supreme Court Registrar, Dr Ram Krishna Timalsena, the bench will look into the case in the afternoon.
The bench will decide whether or not to schedule a full hearing on the case. Advocate Dhruba Koirala had filed the review plea seeking reinstatement of the House of Representatives, which was dissolved by the King on may 22, 2002 as per the recommendation of the then Prime Minister Sher Bahadur Deuba. The apex court had upheld the House dissolution on July 6, 2002.
An 11-member bench, including the then Chief Justice Keshav Prasad Upadhayaya, had said that it was the prerogative of the Prime Minister to dissolve the House.

RCCC releases two govt officials on bail

Kathmandu Aug 25-The Royal Commission for Corruption Control (RCCC) on Wednesday released two senior government officials on Rs 5 million bail each on a corruption charge while two others accused in the same case were taken into custody after they failed to deposit the bail amount.
Joint secretary of the Finance Ministry, Deep Basnyat, and Abanidra Kumar Shrestha, director general of Inland Revenue Department, who, along with revenue officer Sharada Prasad Dahal and Jaya Prakash Shrestha, proprietor of Basundhara Plywood Industries, have been accused of evading tax worth Rs 30.4 million, were freed later this afternoon after they deposited the demanded amounts.
Dhahal and Jaya Prakash were arrested after they failed to furnish their bail.
RCCC spokesman Prem Karki told reporters that a bench of commission members Raghuchandra Bahadur Singh, Haribabu Chaudhari and Prem Bahadur Khati passed the decision. “Proceeding on their case will start tomorrow or the day after tomorrow,” informed he.

Court issues order over FM station case

Kathmandu, Aug 25: The Supreme Court (SC) Wednesday issued orders to both the government and the defendant to be present before the court within a week in the case related with the government’s petition that the stay order related to the Rainbow FM be quashed. The government had filed a writ petition demanding to quash the stay order not to ban the operation of Rainbow FM Pvt. Ltd. on Tuesday.
A division bench of justices Khil Raj Regmi and Paramanda Jha issued the order following today’s hearing. Saying that it would be better to arrive at a decision on the issue after listening to both the parties, the bench said: “The petitioner (Nepal FM) should be invited for the discussion.”The apex court ordered the managing director of the Nepal FM, Bishnu Hari Dhakal, to attend the bench within seven days. Challenging the stay order, the Ministry of Information and Communications had moved SC on Sunday, saying the government had authority to monitor the FM stations. Issuing the stay order, a division bench of justice Anup Raj Sharma had ordered the government not to take any action against the FM for broadcasting news.Lok Man Singh Karki, Secretary at the Ministry of Information and Communications had filed the writ petition through the office of the Attorney General (AG), stating that the stay order should be quashed which was against the existing provisions of the laws to regulate the FM radio stations.

Building code comes into implementation

Kathmandu, Aug 25- Kathmandu Metropolitan City (KMC) has started implementing building code-2060 from August 21 for the construction of buildings within the city.Head of the Urban Development Department of the KMC, Devendra Dangol told that people who wish to construct buildings within the city now would have to fill the forms of both building bi-laws and building codes before they can get their building elevations endorsed,the Rising nepal reports.“The designer should be the guarantor that the codes have been strictly followed and should bear responsibility of unexpected damage to be caused by the earthquake,” he added.KMC is the second local body to implement the codes. Lalitpur Sub-Metropolitan City has already implemented it. The government had implemented the codes two years back in the construction of government buildings. KMC had focussed on the codes related to earthquake proof design of building, sanitary, electrical, fire safety, architectural and quality of concrete. “There are 17 codes but we are focussing on six important codes at the moment,” Dangol said.The major aspects to be monitored under the code include whether the building is earthquake proof, appropriate capacity of water tank, size of cable and pipe and how the pipe with cables has been set as per codes, according to the KMC.Dangol said that placing pipe inside the beam was unsafe but such practice was being carried out.The code has made setting up of lift an imperative provision for six or more storied buildings. “Both business or public buildings and residential buildings should abide by this rule.The codes for professionally engineered buildings that consist important business complexes, hospitals and government offices will have seismic design, fire safety measures, standard quality of concrete, architectural, electrical and sanitary, according to the KMC.The buildings that have 1000 square feet plint area, 4.4-meter structure span and above three storied fall under this category which are made with the use of professional people.The codes are highly technical matters and it cannot be implemented without the use of engineers.

Challenged in SC

Kathmandu, Aug 25 - Physically challenged Rukmangat Neupane, filed an application in the Supreme Court Wednesday, demanding that contempt of court be initiated against two ministers and eight ministries.
In the application, Neupane alleged that Minister for Women and Social Welfare Durga Shrestha, and Finance Minister Madhukar Shumsher JB Rana had not respected an eight-month old court order to make arrangements for enforcement of the Disabled Protection and Welfare Act 1984.
Same as ,Advocate Chandra kanta Gawali has move SC against recent price hike in petroleum (POL) products.In the Writ petition filed by hem has said that the govermnet is voilating Constitutional and fundamantel Rights .

Police raid manpower agency.

Kathmandu, Aug 24 - Police arrested three persons and confiscated 437 passports after raiding the office of Pashupati Manpower Agency in Chabahil, Tuesday.
The proprietor of the agency Dhurba Bahadur Dahal, Sher Bahadur Thapa and B.P. Poudyal were taken into custody from the office, police said.
Police claim that the manpower agency was involved in recruiting labourers in Iraq and Afghanistan.
Most of the passports recovered belonged to former and incumbent security personnel, police say.
The agency is reported to have collected Rs.300, 000 to Rs.500, 000 from each person aspiring to work in Dayen Corp in Iraq and in WSI, an American project, in Afghanistan.
The police raided the agency after receiving complaints against it.
Police also said that the manpower agency had already sent 335 workers in Iraq and Afghanistan and was in the process of sending 80 others.
Meanwhile, Lok Bahadur Dahal, manager of the agency, said that the passports seized by the police belonged to workers to be recruited in Dubai, and claimed that they were being framed.
Police handed over the arrested three to the Labour Department along with all the seized passports, Wednesday.

RCCC starts hearing on tax evasion

Kathmandu, Aug 24- The Royal Commission for Control of Corruption (RCCC) started hearing from the lawyers on whether to remand in judicial custody those implicated in the tax evasion case Tuesday. Government Attorney Laxmi Ram Dhungana pleaded on behalf of the government and advocate Anil Kumar Sinha argued on behalf of the defendants today.The Commission started seeking explanation from the accused in the case after taking them into custody last Thursday. Those accused including three government officials—joint secretary at the Ministry of Finance Deep Basnet, director general of the Revenue Investigation Department Abanindra Kumar Shrestha, tax officer Sharada Prasad Dahal and proprietor of the Plywood Store Basundhara, Jaya Prakash Shrestha have been charge-sheeted in connection to the evasion of value added tax (VAT) to the tune of Rs. 34.1 million.The prosecutor has accused them of misappropriating the said amount by undervaluing VAT worth Rs. 34.1 million to Rs. 800 thousand. Those implicated are in police custody.

SC Warns Foreign Ministry

Kathmandu, Aug 23-The Supreme Court today warned the Ministry of Foreign Affairs to face contempt of court action on charges of defying the apex court rulings, unless it produced the copies of the government’s agreement with the UN on deployment of RNA personnel in UN peacekeeping missions within 15 days
“If it does not submit the copies of the agreements between the UN and the Nepal government regarding the deployment of the Royal Nepalese Army personnel for peace keeping missions abroad before the apex court within fifteen days, the case would be produced before the bench to take action against the Ministry as per Clause 29 of Judicial Administration Act 1991,” the Supreme Court warned.
A division bench of Justices Anup Raj Sharma and Sharada Prasad Pundit today gave the order. The bench observed that the Ministry has been defying the apex court orders for the last few years on the issue due to which the apex court could not decide on a writ petition regarding the alleged misuse of RNA welfare fund and not providing facilities to the personnel as per the agreement between the government and the UN.
The chairman of Ex-Army Welfare Council, Ambar Bahadur Thapa Magar, had filed the writ petition four years ago against the Cabinet Secretariat and the RNA seeking facilities as per the agreement between the RNA and the UN.

Hearing on FM from today

Kathmandu, Aug 23-The Supreme Court (SC) will conduct the hearing on the government’s writ petition , demanding the quashing of SC’s stay order not to ban the operation of Rainbow FM Pvt. Ltd. from today.Lok Man Singh Karki, Secretary at the Ministry of Information and Communications, filed the writ petition through the office of the Attorney General (AG), stating that the stay order should be quashed which was against the existing provisions of the laws to regulate the FM radio stations.The government has claimed that the order of the single bench of the Court has created lots of controversies, which is against the existing laws of the country regarding the broadcasting of news. The ruling was against the principles of natural justice, as it did not provide opportunity to the defendants to clarify. As per the provision of the Clause 6 of the National Broadcasting Act 2049, the FM should be run under the criteria provisioned under the Act.As per the existing laws, the government has rights to determine the criteria of FM stations and the order of the Court was against the Clause 8 of the National Broadcasting Regulation 2052, it has stated.The exercise of freedom in a reckless manner and the lack of provision to curb such things would only serve to ruin the very foundation of democracy, the petition said.The government has also submitted the written reply at the Court as per its order in connection to the case. In the reply the ministry has claimed that the writ petition of the petitioner should be dismissed.

RCCC to start hearing from lawyers

Kathmandu, Aug 23- The bench of the Royal Commission for Control of Corruption is expected to start hearing from the lawyers on whether to remand in judicial custody those implicated in the tax evasion case from todayThe Commission started seeking explanation from the accused in the case after taking them into custody last Thursday. Those accused including three government officials—joint secretary at the Ministry of Finance Deep Basnet, director general of the Revenue Investigation Department Abanindra Kumar Shrestha, tax officer Sharada Prasad Dahal and proprietor of the Plywood Store Basundhara, Jaya Prakash Shrestha have been charge-sheeted in connection to the evasion of value added tax (VAT) to the tune of Rs 34.1 million.The prosecutor has accused them of misappropriating the said amount by undervaluing VAT worth Rs 34.1 million to Rs 800 thousand.Those implicated are in judicial custody, as the RCCC could not finish interrogating Deep Basnet.

Complaints against manpower agencies on decline, says DLEP

Kathmandu, Aug 23: Department of Labour and Employment Promotion (DLEP) claimed that the number of complaints filed against individual agents and foreign employment agencies on charges of forgery has declined by around 19 per cent in the first six months of 2005.According to the department, they received 456 complaints in the first six months of 2005 as against the 570 during the same period last year despite the fact that there has been 25 per cent increase in the number of workers going abroad.The complaints were lodged against individual agents and manpower companies demanding compensations for either leaving them stranded in the country or abroad, or for recruiting them by violating the terms and conditions of the contract paper during the period between mid-January till date.DLEP statistics have revealed that of the total compensation of Rs 95.9 million demanded by victims in 2005, the government had recovered Rs 21.3 million, which is 22 percent of the total amount.When comparing these figures with that of 25.5 per cent recovered last year, the recovery percentage has gone down.The department managed to get back a total of Rs. 106.8 million that had been swindled by private manpower companies last year and compensated Rs 27.2 million to the victims.Statistics of DLEP shows that of the total amount of Rs 30.7 million misappropriated by the manpower agencies, the government has compensated Rs 11.7 million to the victims this year - almost 38 percent of the claimed amount.Most of the complaints are against the violation of the initial contract agreements where private companies were found to have cheated the prospective workers."We cannot curb this without creating general awareness among those seeking overseas employment, as unlike manpower companies, it is hard to pin down individual agents and bring them to book. They do not have permanent offices and leave very little evidence to implicate them,” the DLEP official said.

Corruption case filed against Joint Secretary

Kathmandu, Aug 21 - The Commission for Investigation of Abuse of Authority (CIAA) Sunday filed a charge-sheet at Special Court against Narendraman Shrestha, joint secretary at the Ministry of Finance for amassing property incommensurate to his earnings while holding the public post.
Concluding that Shrestha owned property worth Rs.14.18 million illegally, the commission has, in the charge-sheet, demanded jail sentence along with a fine worth the amount he has embezzled.
After assuming the public post, Shrestha is known to have purchased land worth millions of rupees in various parts of Kathmandu, built four houses in Kathmandu, invested more than Rs.1.4 million educating his sons at Nepal Medical College in Kathmandu, holds accounts in different banks with large amounts of cash and jewellery.
The CIAA has also named Shrestha's wife Rita Devi Shrestha also defendant in the case for the purpose of confiscating the properties.

Govt Moves SC Against its Order on FM Stations

Kathmandu, August 21-The government today moved the Supreme Court against the court’s 11-day-old order that allowed FM radio stations to broadcast news.
Filing a petition in the SC, secretary of the Ministry of Information and Communication, Lokman Singh Karki urged the apex court to scrap its stay order. He claimed that the government has discretionary power to monitor FM news. He also claimed that the government has authority to monitor FM radio stations.
The apex court, responding to a writ petition filed by the Rainbow FM Private Limited, the management of Nepal FM, had stayed the government order to the FM station seeking its clarification why it broadcasted news on August 10. The government had threatened the FM station to cancel its licence for broadcasting news violating the government directives and beyond the rights given by the licence.
After the SC stay order, most of the FM stations had started broadcasting news.

Judges’ cases hang fire in SC

Kathmandu, August 19-The Judicial Council (JC) headed by the Chief Justice is still undecided on the cases of four district judges who have been facing corruption and sedition charges since the last six months. One judge Birendra Kumar Karna was caught red-handed by the Royal Commission for Corruption Control (RCCC) in Pyuthan district court. Two judges of the Kathmandu district court, Kedar Pyakurel and Ganesh Panjiyar, were allegedly involved in deciding cases after taking bribes. The fourth judge of Syangja district court, Chitra Dev Joshi, allegedly criticized the King from a public forum. Though separate investigation panels have already suggested the Judicial Council to sack Karna and take action against the others, the Judicial Council is still undecided.
A member of the panel of the Supreme Court, Justice Min Bahadur Rayamajhi, after completing his investigation into the charges against judges Karna and Joshi recommended their sacking and disciplinary action against Joshi. Supreme Court Judge Anup Raj Sharma’s committee recommended disciplinary action against Panjiyar and Pyakurel. According to a Supreme Court source, judges Panjiyar and Pyakurel were also caught while taking bribes from clients in a case. According to a member of the Judicial Council, the council is wavering on certain counts. “We are thinking of deciding the cases soon,” the member added. He also added due to the vacanct slot of the royal nominee in the Judicial Council during Chief Justice Hari Prasad Sharma’s tenure, the Council did not take any decision. “We may take a stand soon before Chief Justice’s visit in China to participate a conference there,” he added. The four judges are in the reserve pool and without any job as there are charges pending against them. When contacted, secretary of the Judicial Council, Kashi Raj Dahal, said the Council was considering the matter.

Courtesy: The himalaya times

Violation of humanitarian laws: OHCHR chief

Kathamndu Aug 19-The Nepal representative of the United Nations Office of the High Commissioner for Human Rights (OHCHR), Ian Martin, has said the Maoists are responsible for the attack on public transportation in Chitwan and Kavrepalanchowk districts.
Talking to journalists in a press briefing on their investigation report on the above incidents, Martin emphasized the Maoists were responsible for the killing of passengers in both cases, and that it was a grave violation of international humanitarian laws.
Both civilians and security personnel were traveling in the ill-fated buses.
The reports blamed the state for failing to take precaution in protecting the civilians thereby breaching its international humanitarian law responsibilities “in the context of the Royal Nepal Army's repeated use of public transport facilities.”
Thirty-nine passengers including three RNA soldiers died while 72 including four RNA personnel were injured in a bus explosion in Bandarmude Khola in Kalyanpur, Madi. An improvised explosive device — a bucket bomb had caused the explosion. Approximately, 150 passengers including 12 security forces of Bagahi Security Post were on the bus.
Going by the reports, a group of “unidentified” assailants are said to be behind the abduction, abuse and brutal killing of three women, two men and a one-year-old child in Banbehda, Kailali on June 14. It further called on the rebels to conduct an inquiry if the cadres were involved in the incident.
Ian Martin, chief of OHCHR, at the press meet, said that the OHCHR teams in their recent visit to detention centres in army barracks also met high-ranking Maoists. However, he said the RNA needs a register of detainees and that “its lists of detainees are not complete.” Although the OHCHR is yet to have access to those held by the Maoists, the rebels, according to him, “have agreed in principle to allow us to visit those under their captivity.”

RCCC probe team charge-sheets four

Kathmandu, Aug. 19- The investigation team of the Royal Commission for Control of Corruption (RCCC) has charge-sheeted four persons, including director general of the Internal Revenue Department, Abanindra Kumar Shrestha at the RCCC bench on Thursday in connection to the alleged irregularities while collecting Value Added Tax (VAT).Three others who are also implicated in tax evasion are joint secretary at the Ministry of Finance Deep Basnet, tax officer Sharada Prasad Dahal and Jaya Prasad Shrestha, proprietor of Kathmandu Plywood at Basundhara.They were accused of misappropriating Rs. 34.1 million by under invoicing the goods imported by Jaya Prasad Shrestha. That had undervalued the tax amount to Rs. 800,000, which should have been Rs. 34.1 million, the Commission said.Three of them, except Basnet, are kept in judicial custody as the interrogation is on. Joint secretary Basnet failed to report at the Commission today. But, Basnet issuing a statement today said that he was in Om Hospital for treatment and said that he would present himself at the RCCC on Sunday.The investigating team has demanded Rs. 34.1 million from them and forfeit equal amount from them as fine. The RCCC had been investigating on them for the last two months.

Related news
RCCC Arrests Top Revenue Official

SC Asked to Let Telecom Launch Phone Service

Kathmandu, Aug 19-The Ministry of Information and Communications on Thursday urged the Supreme Court to allow the Nepal Telecom to launch wireless local loop (WLL) service under Code Division Multiple Access (CDMA) system in the country. Five weeks ago, the court had stayed the NTC’s bid to launch the telephone lines through WLL system.
Furnishing a written reply before the apex court, the secretary at the ministry, Lok Man Singh Karki, said the Telecom has been planning to launch the CDMA system for the expansion of the telephone network in the nation. Stating the government had allowed the NTC to launch the new system, Karki said the NTC planned to distribute one million WLL lines across the country.
The ministry said there is an urgent need to provide telephone service to at least four per cent of the entire population. Currently, the service is available to 2.75 per cent of the population.
The secretary added that the ministry was planning to provide telephone lines to 15 per cent of the entire population. “As the National Planning Commission has also approved of the plan, it would be better to allow the Nepal Telecom to launch the service.” Furnishing a reply, the chairman of the Nepal Telecommunication Authority, Suresh Kumar Pudashaini, said the revenue collection would go up if the Telecom were allowed to launch the CDMA system because the demand for it is increasing.

RCCC Arrests Top Revenue Official

Kathmandu, August 18-The Royal Commission for Corruption Control (RCCC) today arrested three persons, including the director general of the Inland Revenue Department Abanindra Kumar Shrestha, on charges of corruption.
The anti-graft body arrested tax officer at the Finance Ministry and also Sharada Prasad Dahal and businessman Jaya Prakash Shrestha.
Joint-secretary at the Finance Ministry, Deep Basnyat, who is also accused of corruption, is still at large.The RCCC has accused them of embezzling Rs 34.3 million.

NBA, FNJ refuse to sit on govt panel

Kathmandu Aug-18-The president of Nepal Bar Association (NBA), Shambhu Thapa, and chairman of the Federation of Nepalis Journalists (FNJ), Bishnu Nisthuri, have refused to represent their professional organizations on a rights panel of the government under the chairmanship of the Attorney General.
Thapa and Nisthuri said that they would not sit on the rights panel formed by the ‘autocratic regime’, according to reports.
The government last week had formed a committee under the Attorney General with representatives from the cabinet secretariat, presidents of Nepal Press Council, FNJ, NBA and other three members representing organizations of civil society.
Dissolving existing human rights committees functioning under different ministries, the government formed the National Coordination Committee for Protection and Promotion of Human Rights (NCCPPHR).

National consensus needed to resolve current crisis

Kathmandu, Aug 18-: Minister for Law, Justice and Parliamentary Affairs Niranjan Thapa said Wednesday said that a national consensus among all nationalistic forces including His Majesty the King would be the proper solution to the present crisis of the country. Thapa said that the political parties during the last 14 years of democratic practices had breached the norms and values of the Constitution, adding that the present crisis emerged due to the violation of rule of law.Some people in the guise of civil society were creating agitation by playing the role of sister organisation of certain political parties, he aregued. “The role of civil societies should be independent, as they represent intellectual community.”Every year, the nation observes august 17 as the Civil Code Day. The laws were first drafted in 1910 B S and the new and progressive amendment was made in 2020 B S.Former justice of the Supreme Court Krishna Jung Rayamajhi said that the Civil Code has a significant role to lead the country towards the rule of law and social justice.All the political parties should come together to settle the present crisis before the situation goes beyond control, he added. “Nobody is above the rule of law.”Senior advocate Krishna Prasad Bhandary said that formulation of the Civil Code was a courageous task, as the earlier civil laws were based on social discriminations and injustice. Legal expert Prof. Dr. Dharma Bahadur Thapa said that the country’s situation was deteriorating due to the pervasive corruption.

Call to amend Civil Code

Kathmandu, Aug 18 - Legal experts and indigenous leaders have underlined the need to amend the Civil Code to make it progressive as it still has some discriminatory provisions.
"The Civil Code is still narrow-minded and discriminatory against non-Hindu people. These provisions should be amended," said Dr Om Gurung, an indigenous leader.
Gurung was speaking at a discussion program on the Civil Code and Human Rights organized by Human Rights Committee of Nepal Bar Association to mark the 43rd Civil Code Day.
The Civil Code day has been celebrated since 1963, the year when racial and caste discrimination was eliminated in the law by amending the Civil Code of 1853.
Addressing the program, Supreme Court Justice Anup Raj Sharma said the apex court was conscious about safeguarding the rights of the people and has been working in this direction. He was of the opinion that the apex court had passed a number of orders to amend discriminatory provisions in the Civil Code.
He also stressed that efforts should be made toward making the provisions in the Civil Code progressive if the present ones are found to be obsolete.
Senior Advocate Bishwa Kant Mainali, who also heads the Human Rights Committee of Nepal Bar Association(NBA), NBA President Shambhu Thapa, and its General Secretary Madhav Banskota also stressed on timely and progressive changes in the Civil Code.

Poor implementation obstructing CIAA's success

Kathmandu, Aug 17- In order to achieve expected goals of the CIAA, the report suggests maintaining strong discipline in government offices, intensifying the role of other sub-ordinate anti-graft organizations such as National Vigilance Center, and developing effective mechanism.Most of the time of the Commission was spent on finding the reliability of the complaints, as it generally starts investigation on the basis of complaints that were filed at the office. But, it puts aside 70-90 per cent complaints while 35-54 per cent complaints are dismissed in the preliminary stage. As per the provision of the Constitution of 1990, the Commission has published 14 annual reports so far and it has achieved 85 per cent success in the cases that were settled by the court in the recent years.
Pro-Public, a good governance lobby, and Institute of Local Governance Studies (Inlgos) on Tuesday stressed on the need for strong and effective implementation of mechanisms for the Commission for the Investigation of Abuse of Authority (CIAA) to be successful.
Presenting a comparative study of CIAA's annual reports issued in the last six years, Bamshidhar Ghimire of Inlgos said that following the second amendment of CIAA Act three years ago its activities and success rate has increased tremendously.
"But poor implementation has become a serious challenge for the CIAA to yield expected goals in its anti-corruption drive," he said.
According to the report, complaints on corruption by government officials has increased by 2.5 times and the rate of filing of charge-sheets has also increased significantly.
The CIAA has been successful in more than 84 percent of the cases filed at the Special Court. "However, over 200 cases are still sub-judice at the Special Court as the court fails to give decisions on time," the report reads.
The annual report of the Commission has stated that the ratio of complaint registration was high against the Ministry of Education and Sports. There were 1,430 complaints against the Ministry during the last seven years followed by the Ministry of Local Development and Land Reform with 1,301 and 1,065 complaints respectively.There were 839 complaints against Home Ministry, 761 against Forest and Soil Conservation, and 751 against Finance Ministry. The complaints against Ministry of Health, Ministry of Physical Planning and Works, Agriculture and Cooperatives, Commerce and Industry, Water Resources and Information and Communications were in decreasing order.

SC directs CIAA to attend Shahi case hearing

Kathmandu, Aug 15-The Supreme Court today directed the Commission for the Investigation of Abuse of Authority (CIAA) to attend a hearing on a corruption case filed by the anti-graft body against Home Minister Dan Bahadur Shahi. A division bench of Justices Kedar Prasad Giri and Hari Jung Sijapati said the CIAA should attend a hearing, scheduled for September 5 and put forth its arguments as it had filed the case. The order comes at a time when the CIAA is not showing keen interest in forwarding the case after Shahi was appointed the home minister following the February 1 royal take over. The bench also directed the CIAA to produce before it a separate case-file related to the incumbent secretary at the Ministry of Information and Communications, Lokman Singh Karki.

Maoist leader Badal charged

Kathmandu,Aug 15- Maoist leader Ram Bahadur Thapa, alias Badal, and two of his colleagues, Salikarm Jamarkattel and GP Paudel, were charged with murder on Sunday. A government prosecutor filed the case seeking life imprisonment and confiscation of the trio’s property. TheAppellate Government Lawyers’ Office filed the case accusing the trio of killing an assistant headmaster of the Ranibari school, Tika Bahadur KC, last year.

CJ emphasises on bar-bench cooperation

Kathmandu, Aug. 15- Chief Justice Dilip Kumar Paudel Sunday called for mutual cooperation between the bar and bench to provide fair and effective legal remedy to the people, as there is a reciprocal relationship between them.Speaking at a prorgamme organised by Supreme Court Bar Association to welcome the newly appointed CJ, Paudel said that the works of bar and bench should be oriented towards providing prompt and fair justice to the people.
Paudel said that the lawyers could not flourish in the absence of an independent, competent and effective judicial system. Neither will people experience the rule of law without taking help from the law practitioners, he said.Creative suggestions and cooperation from the lawyers would make a significant contribution for the institutionalisation of independent judiciary, he added. bar's role is important to settle the cases which have been pending for long time in the court.
President of Nepal Bar Association Shambhu Thapa stressed that the court should give prompt decision on the much debated cases. There should be harmonious relationship between the bench and the bar, he added.Dhurba Nath Panta, president of the Supreme Court Bar Association presided over the programme.

Judges can help trafficking survivors

Kathmandu, Aug 15 -Chief Justice Dilip Kumar Poudel Speaking at a workshop on 'Effectiveness of implementation of existing laws and the institutional mechanism to combat trafficking of women and children in Nepal", organized by NJA and UN Development Fund for Women (UNIFEM), said here on Sunday that the police force and government lawyers could play important roles in ensuring trafficking survivor's have access to justice.
Kalyan Shrestha, executive director of National Judicial Academy (NJA) said judges should play an important role to ensure humane treatment to trafficking survivors."judges should be able to work as messengers of equality in the present situation" he said.
He said that the role of the judiciary has increased in the present situation where there is no parliament and political parties are inactive. "We should be active in ensuring social justice," he said, adding, "We should also be able to prove that the law is not just for those in power, but also for the powerless."
Chandni Joshi, regional director, UNIFEM said, "One of the key instruments for promoting equality and addressing gender-based violence is the justice delivery system with gender lens."

Gagan Thapa Released

Kathmandu, August 14-The Special Court today ordered the release of former general secretary of Nepal Students’ Union Gagan Kumar Thapa saying there was no ground to keep him in custody.The court freed Thapa saying the government charges against him were not clear.Thapa was released on condition that he would present himself before the court as and when summoned.Earlier today, government prosecutors filed a case against him in the Special Court on sedition charges seeking three-year jail and Rs 3,000 fine on him.Thapa was arrested on July 27 for shouting anti-monarchy slogans during a pro-democracy rally organized by the civil society on July 25.

strange verdict of RCCC ?

Kathmandu, Aug 13 - Over two weeks after its verdict on the Melamchi case, the Royal Commission for Corruption Control (RCCC), Friday, handed over a copy of the verdict to defendant lawyers. The 61-page verdict was handed over Friday morning to defendant lawyer Ram Prasad Bhandari.
After studying the verdict in detail, Bhandari said, "It is a strange verdict. It does not cite any evidence of corruption. The verdict is based on wild guesses."
Bhandari added that the contractors for the Melamchi adit access road have not received any money from the project for works so far and that the allegation of corruption is ridiculous.
"The standard legal practice in corruption cases is that the give-and-take must be established for the accused to be convicted. Nowhere has that been established in the verdict," Bhandari further said. Written verdict is changed as before it was deliver by the RCCC,he added.
Photocopies of the verdict were handed over to the Asian Development Bank (ADB), the largest donor to Melamchi Water Supply Project and other stakeholders. Recently, ADB had requested the Ministry of Finance for a copy of the verdict so that it could ascertain whether it would need to consider the matter further.

CJ stresses transparency in appointment of justices

Kathmandu, Aug 13-Speaking at an interaction programme ‘Role of Judicial Council and Issues of Reforms’ organised by Judicial Council, Senior personalities in the field of law and justice have indicated Friday that the system of taking action against the irregularities in the judicial sector should be effective.The process and system of appointing justices should be transparent and effective, they added.the experts said that the Council should be active and amend its unnecessary provisions to bring a significant change and improvement in the field of judiciary.Chief Justice Dilip Kumar Poudel said that the Council should follow an objective and transparent system while appointing justices. “ Its method of inquiry, investigation and punishment should be changed according to the pace of time”.The government should make an amendment in the Judicial Council Act 2047 and its Procedural Regulation 2056, he said.The Council, which plays an important role to make the judiciary independent and efficient should be empowered to strengthen its legal status by managing competent manpower and proper physical infrastructures, he said.Poudel said that the Council should take an initiative to regulate, monitor and implement the code of the conduct of the justices and punish those who are found guilty. “The judiciary always welcomes creative suggestions of the lawyers and public to make it independent and provide fair justice” he said.Minister for Law, Justice and Parliamentary Affairs Niranjan Thapa said that the government would provide necessary support for the development of judiciary and the Council should be made active by removing its weaknesses.His Majesty the King was serious to protect the Constitution, as deemed by the Constitution His Majesty is ruling as per the norms and values of the Constitution and the aspirations of the people, he said.Justice Min Bahadur Rayamajhi said that the Council should be active to fulfil the responsibility of judiciary as stated in the Constitution. “The Council should go forward by preparing strategic plans for the development of the judiciary”.Secretary of the Judicial Council Kashi Raj Dahal, said that the Council has been probing into 29 complaints among 371 cases of violation of disciplines by justices that had been filed at the office. Owing to the lack of proper mechanism and legal provision, the Council could not punish the accused as per the level of their crime, he said.Other speakers at the programme were chief of the ARD Rule of Law Project, Fedriek Jee Yegar and president of the Nepal Bar Association Shambhu Thapa.

Chargesheet Against Gagan Thapa

Kathmandu, August 12-The government today produced a chargesheet at the Special Court against former general secretary of the Nepal Student Union, Gagan Thapa, seeking three years jail term and Rs 3,000 fine for his involvement in treason against the state.
The Special Court however did not register the case today because of procedural mistakes and ordered the prosecutors to produce the case before the court on Sunday. The prosecutor made sedition charges against Thapa for chanting objectionable slogans against the King, and the members of the royal family, which is prohibited by the Section 4(1) of the Offence Against State Act 1989.
The prosecutors also claimed that the witness and the video produced before the Special Court prove the charges against Thapa.Thapa was arrested on July 27 for shouting anti-monarchy slogans during a rally held by the civil society on July 25.

RCCC will go to SC for appeal

Kathmandu Aug. 12- Investigation team of the Royal Commission for Control of Corruption (RCCC) will appeal at the Supreme Court against the verdict of the commission in connection with the case of misappropriation of the Prime Ministers’ Relief Fund news reports. RCCC spokesperson Prem Raj Karki has said he will file an appeal at the Supreme Court challenging the verdict “soon”. “I have decided to challenge that verdict,” Karki, investigation officer in the case, said , expressing “dissatisfaction” at the decision. Karki, however, did not specify when he would appeal. Karki said he received the “full text” of the verdict on July 15. One can appeal to the apex court within 35 days of receiving the full text of RCCC verdict in any case.The RCCC had provided a clean chit to all those implicated in the case including former Prime Minister Sher Bahadur Deuba and six ministers of his cabinet last month.
The team is on the process of preparing to file the appeal through the office of the Attorney General, spokesperson of the Commission Prem Raj Karki told.Despite accepting that irregularities amounting to Rs 3.86 million were committed while disbursing the funds, the Commission gave a clean chit to those accused including Deuba and six former ministers Hom Nath Dahal, Yubaraj Gyawali, Jog Mehar Shrestha, Dr. Mohamad Mohsin, Badri Prasad Mandal and Purna Bahadur Khadka. Meanwhile, the Commission has prepared and published the full text of the verdict on the Melamchi Case, Karki said.

Lawyers’ role in fair justice important: CJ

Kathmandu, Aug. 12-: Chief Justice Dilip Kumar Poudel Thursday said that law practitioners were the true partners of people, who are the victims of injustices and their role is always important in the field of judiciary.A victim could not approach the Court without taking help from the lawyers, and thus they guide the civil society to the right direction, he said.The proper guidelines of an efficient lawyer could help establish law and order in the society and prevent the violation of the rules and regulations, he said. “So, the law practitioners are the social engineers or the mirror of the society”.Speaking at the 12th Nepal Bar Council Day of Nepal Bar Council (NBC) Chief Justice Poudel said that the lawyers’ role was more important in the adversarial legal system of our country. “The NBC’s role is significant to produce efficient and trained lawyers”.The cooperation and coordination among the lawyers and judiciary would help provide fair justice, he said.Former chairman of the Council and senior advocate Mahadev Yadav said that the Council’s role was important to produce competent lawyers.General secretary of the Nepal Bar Association (NBA) Madhav Baskota said that the Council should bring out the programmes for the protection of the lawyers and to promote their professionalism.Speaking from the chair Attorney General and Chairman of the Council Pawan Kumar Ojha said that the Council should widen its working areas for the professional development of the lawyers. At the function Poudel also released a book entitled ‘Annual Survey of Nepalese Law 2004’. The Bar Council had carried out the survey. Advocate and editor of the book Bhimarjun Acharya shed light on the importance of the book.CJ Poudel also distributed prizes and certificates to the top scorer at the examinations of LLB, BL and the examination of the advocates taken by the Council. Prof. Dr. Ranjit Bhakta Pradhananga presented the annual report of the Council.Other speakers at the programme were NBA president Shambu Thapa and Dean of the Department of Law Kanak Bikram Thapa.

Four SC Justices appointed

Kathmandu, Aug 11 - King Gyanendra Thursday appointed temporary justices of the Supreme Court Arjun Prasad Singh, Harijung Sijapati, Badri Kumar Basnet and Balram K.C. to four of the vacant posts of justices of the Supreme Court
The King appointed them in accordance with the Constitution of the Kingdom of Nepal 1990 and at the recommendation of the Judicial Council.

Priority to HoR Revival Case- CJ paudel

Kathmandu, Aug 11-Chief Justice Dilip Kumar Paudel today told Nepal Bar Association (NBA) officials that he would schedule hearing in a case filed in the Supreme Court seeking the reinstatement of the dissolved House of Representatives.Poudel made these remarks at a meeting with the officials of the bar association at his office.
Immediately after taking charge of the office on August 1, Poudel had said he would give due priority to the case, that is pending in the SC."He assured that he would schedule hearing in the case before the bench," said NBA president Shambhu Thapa. "I would definately schedule the case in the bench so that it could give an appropriate verdict in the case," Thapa quoted Poudel as saying.
When Thapa asked Poudel to schedule the hearing before Dashain (before October), the Chief Justice said he would decide about it at appropriate time.Paudel also said the retired Chief Justices did not give priority to the case.

SC order, gateway for FM

Kathmandu Aug 11-Following a verdict by the Supreme Court on Wednesday, a number of FM radio stations around the country have started airing news and current affairs-based programmes.
“Wednesday’s court verdict is applicable to all the FM stations around the country. Now, all the FM stations are free to air news programmes and (the radio stations) should utilize this opportunity in a positive way,” said Shambhu Thapa, president of Nepal Bar Association. “Right to information is a non-suspendable fundamental right of the people and the government can, in no way, snatch it away,” he added.
Mainwhile,Nepal FM, Radio Sworgadwari FM in Dang and Butwal FM in Butwal, among others, have started airing news and current affairs-based programmes from Wednesday evening. A number of other radio stations are said to be preparing to air news bulletins from Thursday, reports said.
In response to a writ petition filed by Kathmandu-based Rainbow FM Pvt. Ltd, that is launching its programmes with call-sign ‘Nepal FM 91.8,’ a single bench of justice Anup Raj Sharma issued an interim order asking the government not to take any action against the FM station until final disposal of the case.
The Ministry of Information and Communications (MoIC) on Aug 3 had sent a letter to the FM asking why its license should not be revoked for defying the government’s order not to air news and news-related programs from FM radio stations.
Nepal FM had aired the news of King’s Birthday on July 7. The radio station has been running a program “Rajdhani Khabar” since then focusing on social and development issues of the capital Kathmandu.
Following the Feb. 1 royal takeover, the government had issued orders to over 50 FM radio stations across the country not to broadcast news and news-related programs and air what it called `entertainment-based programs only.’
“The court verdict is a milestone in the on-going movement to establish right to free speech in the country,” said Shiva Gaule, vice president of the Federation of Nepalese Journalists (FNJ).
Save Independent Radio Movement (SIRM) hailed the SC decision. Nepal FM staff lit candles at the station premises on Wednesday welcoming the court verdict—which has come as a blow to the government.
The authorities were claiming that FM stations around the world did not broadcast news. There has been no comment from the officials regarding Wednesday’s court verdict.

SC entertains PIL questioning RCCC's constitutionality

Kathmandu, Aug 11 - The Supreme Court (SC) administration, has finally accepted a public interest litigation (PIL) questioning the constitutionality of the controversial Royal Commission for Corruption Control (RCCC).
The court administration had been rejecting writ petitions questioning the constitutionality of the RCCC, citing that the king's action couldn't be questioned in court. But Justice Min Bahadur Rayamajhi, last Monday, had ordered the court administration to entertain such writ petitions.
King Gyanendra had formed the panel through a royal decree under the emergency provision in the Constitution after he seized power on February 1. But the King retained the panel through an order even after he lifted emergency on April 29.
Advocate Santosh Kumar Mahato had filed the PIL Wednesday, arguing that the constitutionality of the panel ended from the date the emergency was lifted. He has further argued, that any order issued under the emergency provision of the Constitution becomes meaningless with the revocation of the emergency, and cannot be retained through a royal order issued under Article 127.

Special court demands Rs 7m bail from banker

Kathmandu, Aug 11: The Special Court (SC) Wednesday demanded a bail amount of Rs 7 million from the then manager at the Biratnagar Branch of Rastria Banijya Bank Radha Prasad Shah in connection to a corruption case.The Commission for the Investigation of the Abuse of the Authority (CIAA) had filed cases at the SC against Shah including Mangaturam Group on charges of misusing Rs 1.37 billion by issuing and taking loans illegally.Shah, who went at large when the commission filed a case against him has finally reported to the court, the sources said.

Court issues interim order in favour of Nepal FM

Kathmandu Aug 10-The Supreme Court on Wednesday has issued an interim order to the government not to expedite process to take action against Rainbow FM, a private sector FM station—that has been airing Nepal FM.
After preliminary hearings, a single bench comprising Justice Anup Raj Sharma ordered the government not to take action against the Rainbow FM until the final verdict is delivered.
The apex court was responding to a writ petition filed by Rainbow FM Pvt. Ltd. against a threat by the government to cancel its license.
In a letter sent to the FM last week, the Ministry of Information and Communications had sought clarification from the FM for airing news items over the radio by what it said 'violating the government's directives.' The Ministry warned that the license of the FM could be revoked for defying the government's orders.
The government had issued directives in February this year asking all the FM radio stations in the country to broadcast strictly "entertainment related programmes only."
This led the closure of news and current affairs based programmes in nearly four dozen private and community radio stations across the country rendering hundreds of radio journalists jobless.

CIAA catches NEA staff while demanding bribe

Kathmandu, Aug. 10- The Commission of the Investigation of the Abuse of Authority (CIAA) has caught red-handed Krishna Raj Sharma, an assistant administrative officer at Ratna Park branch of Nepal Electricity Authority while he was demanding a bribe of Rs. 25,000.Sharma was found demanding the bribe amount while Dilendra Maharjan, a resident of Thamel approached the office to change his damaged electric meter and he immediately informed the Commission about Sharma’s misconduct.Following the complaint of Maharjan, a team of the Commission immediately arrested Sharma.The Commission has been investigating into the case, the CIAA sources said.Similarly, CIAA Tuesday filed a case at the Special Court against the then official at Bharatpur Chitwan branch of Nepal Telecommunication Office Muktinath Sharma Neupane on charges of embezzling government revenue worth Rs. 9,93,968.The CIAA has found that Neupane misused the said amount in the fiscal year 2058/059/060, when he was working at the office. Neupane is at large since last year, a press statement of the CIAA has stated.

Govt Releases 6 Student Leaders after SC Order

Kathmandu, Aug 9-The government this evening released 6 student leaders after the Supreme Court ordered the government authorities in the afternoon to immediately release them. The student leaders were arrested on July 14 from a protest rally organized by the student unions against the nationalistic education.
The released leaders are; NSU leader Pradip Poudel, ANNFSU leader Thakur Gaire, FSU president of Tri-Chandra Campus Saroj Thapa and NSU activists Narayan Bahadur Bharati, Puspa Kumar Shahi and BP Regmi who were arrested from a rally at Baneshwor on July 14 on the charge of burning the portraits of the royal family.
They were later sent to central jail after they refused to submit Rs 500 bail fixed by the Kathmandu District Administration Office.

jail with out case

Kathmandu Aug 9- Supreme court has issued order to submit furnish reply on why illegal detain , within three days in the case, that was filed by Roshan karki in the behalf of Bishal khadka of Dholka jugo VDC, who was detain by government for seven years with out any case.
Justice Chandra prasad parajuli passed the order.
Khadka was detain by security force from Okhaldhunga ,when he was traveling to his relatives house seven years ago . last two years he is in central jail reports said .

DC chairman sworn in defying court order

Rajbiraj Aug9 - Defying an interim order issued by Rajbiraj Appellate Court on Monday, Ganga Prasad Yadav, the nominated chairman of the District Development Committee (DDC), Saptari, was sworn in here at a function Monday.
Responding to a writ petition filed by Tej Narayan Sipaliya Yadav of Joganiya-5, the single bench of Judge Deepak Raj Joshi had issued the interim order in the name of DDC and the District Court, among others, to stay the swearing in and appointment of Yadav until he cleared qualifications as mentioned in clause 181 and 182 of Local Self-governance Act 2002.
However, about 45 minutes after the issuance of the court order, Yadav was sworn in by the DDC. The writ petitioner had argued that a person convicted in a criminal case and who is yet to clear his punishments, is ineligible to hold public post. According to records at the Saptari District Court, Yadav was slapped 57 days' jail and Rs 1967 fine for different criminal cases.

Lawyers question king's constitutionality in court

Kathmandu, Aug 9 - An executive king is subject to criticism of any sort and cannot demand immunity from such criticism, lawyers argued here Monday in course of their pleading on behalf of student leader Gagan Kumar Thapa at the Special Court.
They also questioned the constitutionality of King Gyanendra as chairman of the Council of Ministers after the February One takeover.
"The king who is assuming the post unrecognized by the Constitution, should be ready to face any criticism of the people. It is natural to see slogans, protests against the king who is the head of the Council of Ministers," Nepal Bar Association president Shambhu Thapa argued before judges hearing the case of Gagan at the Special Court.
This is the first time a debate over the constitutionality of the king has been raised in a court of law in the country.
"It is the inborn right of people to chant slogans against an executive king. Gagan exercised his inborn rights by chanting slogans against an executive king. If he [the king] wants no criticism against him, he should remain a constitutional one and demand respect for his immunity," he said pleading Gagan's innocence.
Popular student leader Gagan has been in detention since July 26 on charge of sedition for chanting "objectionable slogans against the king" during a demonstration organized by civil society on July 24. The court extended his detention by five days today and ordered the authorities to reach a conclusion within the deadline whether a case should be filed against Gagan.
Another advocate Subash Nemwang argued in the same vein. "His Majesty, according to the Constitution of 1990, is an institution, not an executive. "The Constitution allows chanting of any slogan against the king who assumes the executive power of a prime minister."
Lawyers Sher Bahadur KC, Raju Katuwal and Pushpa Bhusal pleading on behalf of Gagan accused the authorities of lengthening investigation into the charge against the student leader. Their argument was that the authorities did not have any reason to protract the investigation. Government lawyer Ramesh Raj Pokhrel could not specify reasons behind his demand for extension of Gagan's judicial detention.

SC showcause to RCCC on case sub-judice

Kathmandu, Aug 9- The Supreme Court on Monday ordered the controversial Royal Commission for Corruption Control (RCCC) to furnish reply on why it
took up a case which is already being considered in the Supreme Court. Justice Min Bahadur Rayamajhi passed the order.
The RCCC had dealt with the alleged irregularities in the distribution of state funds to party cadres affected by the conflict last year, by the then Sher Bahadur Deuba government despite the fact that the case was being considered by the Supreme Court.
According to existing laws, a case, sub-judice, cannot be taken or discussed by an institution as to influence judgment on the case, and any such act is subject to contempt of court. But RCCC took up the case of allowance distribution and also gave its verdict,prompting advocate Madhav Basnet to file a contempt of court case against the royal "anti-graft" panel.
Meanwhile, the Supreme Court has ordered its administration to register writ petitions produced before the court questioning the constitutionality of the RCCC.
Till now the Supreme Court has been rejecting such writ petitions on the ground that the acts of the king cannot be questioned in court.
The anti-corruption panel was set up by the order of the king after he assumed absolute power in February this year.

Nepal FM moves SC against government order

Kathmandu Aug 9-Protesting a government’s order not to air news programs, Nepal FM 91.8 on Monday filed a writ petition at the Supreme Court (SC).
The writ petition filed by the FM’s managing director Bishnu Hari Dhakal has sought the apex court’s order to the government, to nullify the government’s order. Last week on Wednesday, the Ministry of Information and Communications had sent a letter to the FM station accusing it of ‘illegal’ news broadcast. It had, moreover, asked the FM why it shouldn’t be closed down.
Earlier, the government through a notice in the state-run Gorkhapatra had warned FM stations not to broadcast news or their licenses would be scrapped.
The hearing on the case is scheduled to start from Tuesday.

Remand Extended by 5 Days for Gagan Thapa

Kathmandu, Aug 8-The Special Court today extended the custody of Gagan Kumar Thapa, former general secretary of Nepal Students’ Union, for five more days.The court also ordered the government authorities to complete investigation within the five days. The court extended the custody by 5 days even as the police sought to extend it by 13 days for further investigation into the charges of crimes against the state on him.
Police arrested Thapa on July 27 on charges of crimes against the state for shouting anti-monarchy slogans during a pro-democracy rally organised by the civil society on July 25.
While the Special Court granted the extension of Thapa’s custody, irate students chanted anti-government slogans in front of the court. The irate students also blocked traffic at Babarmahal for a few minutes.This is the second time Thapa’s custody was extended. The court had permitted the police to keep Thapa in custody for five more days after the 7-day custody slapped on him on July 27 ended on August 3.

Petition against DDC official

Rajbiraj, Aug 7 - A writ petition has been filed at Rajbiraj Appellate Court, demanding imprisonment and fine for newly nominated vice-chairman of Saptari District Development Committee (DDC), Ganga Prasad Yadav, in accordance with different judgments of Saptari District Court in relation to different criminal cases.
According to the district court, Yadav has been slapped 57 days imprisonment and fined Rs 1967 in criminal cases.
Tej Narayan Sipaliya Yadav, a local, filed the writ petition Sunday.The writ petitioner has urged the court to pass an interim order, fearing that the convict would flee Rajbiraj on knowing of the fresh case against him.
He has sought from the court an order to the district court to implement its judgments in Yadav's case, so as to prevent him from taking oath of office and secrecy. Interestingly, the same judge of the same district court that slapped imprisonment and fine against him will be administering the oath.
He has further argued that a person convicted in a criminal case who has not cleared his punishments, is ineligible to hold a public post like that of a vice-chairman of the DDC.
The government had nominated Yadav as the vice-chairman last week.

Maternity not sole ground for citizenship

Kathmandu, August 7-The SC today ruled that citizenship certificate cannot be issued to anyone solely on the basis of his or her mother being a Nepali. The SC ruling was given on a petition filed by advocate Achyut Prasad Kharel. The bench had some months ago pronounced the verdict but the full text of the judgment was released today. “It would not be practical to provide citizenship to anyone without identifying his or her father,” the bench also added. “The drafters of the 1990 statute have kept a provision to provide citizenship on the grounds of someone’s father being a Nepali. So the bench cannot order the government to provide citizenship to any one on any other consideration,” the verdict said.

Wife of 'Jackal' may defend Sobhraj

Kathmandu, August 6-Charles Gurmukh Sobhraj could spend at least another ten years in jail unless the "life imprisonment" verdict by the Kathmandu District Court, upheld on Thursday by the Patan Appellate Court, is reversed by Nepal's Supreme Court.On August 12 2004, the court had sentenced him for life (20-year jail term) for the 1975 murder of American national Connie Jo Bronizch in Nepal.The previous September, police had picked up the French citizen from the five star Yak and Yeti hotel after he entered the country ostensibly to explore possibilities of doing business in pashmina shawls and mineral water.Sanjeev Ghimire, the lawyer defending the master criminal has now claimed he will move the Apex court following the ‘unexpected’ verdict.But sources say Sobhraj is none too happy with the defence’s efforts thus far and has appealed to his agent in Paris to engage the best legal aid available internationally, according to reports.More specifically, Sobhraj wants French attorney Isabelle Coutant-Peyre to defend his case.Coutant-Peyre has earned her reputation as an attorney by stretching the limits of her professional zeal so far as to first defend and then marry international terrorist Ilich Ramirez Sanchez, aka Carlos ‘The Jackal’.She has also been noted for championing lost, oftentimes dubious, causes and taking up unusual assignments such as the defence of Zacarias Moussaoui, a French national of Moroccan origin indicted for conspiracy in the Sept 11 attacks in the United States.The French attorney is by no means unfamiliar with the Sobhraj case. She had put in a brief appearance in Kathmandu last February as one among the four lawyers engaged in Sobhraj’s defence, but had to return to her country following frequent postponements in the hearings.The lawyer had also complained of a communication gap because of the use of local language in court proceedings and problems such as not being allowed by jail authorities to regularly meet with her client and an official disregard for the privilege of client lawyer confidentiality.These shortcomings, in her view, contravened the spirit of a fair trial and went against a 1991 international convention of which Nepal was a signatory.The lawyer, though not particularly happy with ground realities in the Himalayan kingdom, had promised to return to fight Sobhraj’s case at a later date.
Courtesy:the himalaytimes

SC show cause to govt on Press law

Kathmandu, Aug 6-The Supreme Court on Friday issued show cause notices to government authorities on its stance on the provisions of the Press and Publication Act, 1991, and the National Broadcasting Act, 1992. The government has imposed restrictions on the media through these two Acts. A single bench of Justice Ram Prasad Shrestha issued the order responding to a writ petition filed by journalist Narayan Dutta Kandel. He has challenged Section 15 (1) of the 1991 Act and Section 7 of the 1992 Act. The defendents in the case are the Cabinet Secretariat, Ministry of Law, Justice and Parliamentary Affairs, Ministry of Information and Communications and the Parliamentary Secretariat. The petitioner has requested the SC to annul the provisions since they are contradictory to the Constitution.

SC frees CIT men and debtor

Kathmandu, Aug6-Two officials of the Civil Investment Trust (CIT) and a debtor, who were serving jail terms on charges of corruption, were freed on bail after the Supreme Court said in a ruling on Wednesday that Royal Commission for Corruption Control (RCCC) had jailed them without fulfilling the necessary criteria. The RCCC had convicted Nandan Hari Sharma, executive director of the CIT, and a senior official of the CIT, Sushil Aryal, on July 22 for allocating a loan of Rs 4.96 crore to Nisha Thapa, the debtor, without completing necessary procedure.The RCCC had convicted Thapa for keeping her land at Putalisadak as collateral in three financial institutions, including the CIT, to build a supermarket in Putalisadak. Sharma had moved the apex court after the RCCC rejected his plea, in which he had appealed that he be freed on bail so that he can file an appeal at the court as a free person.Sharma, who has spent a month in jail, was freed on Friday after he deposited a bail amount of Rs 750, the amount for the remaining jail term. The three can now file plea against the RCCC verdict as free persons. The senior official of the CIT, Sushil Aryal, on whom the RCCC had slapped a month-long jail term for allocating loan to Nisha without carrying, was freed yesterday after submitting a bail amount of Rs 200. Nisha, who was also awarded a month-long jail term, was freed on Wednesday after depositing the bail amount of Rs 225 for the remaining jail term of nine days. A bench of justice Min Bahadur Rayamajhi said in a ruling on Wednesday that RCCC jailed them without completing necessary procedures.

Court okays a month’s custody to ex-CDO

Kathmandu, Aug. 6- The Special Court has permitted the Commission for Investigation of Abuse of Authority (CIAA) to keep the then Chief District Officer of Myagdi Gyan Prasad Bhattarai for a month in custody in connection with investigation into the alleged embezzlement of the insurance amount received by the family of a person who had died while working in the United Arab Emirates.Bhattarai is accused of embezzling the insurance amount worth Rs. 1.174 million meant for Laxmi, the widow of Amar Bahadur Chokhal. Meanwhile, hearing in connection with four separate cases of corruption involving the then Deputy General Manager of Nepal Bank Limited, Kathmandu Office Sher Bahadur Thapa and others is continuing at the Special Court.They have been accused of embezzling more than Rs. 520 million while issuing loan from the Bank. A total of 142 persons including the General Manager of Nepal Bank Limited.

Sobhraj’s Lawyer to Appeal to UNCHR

Kathmandu, August 5-Reacting to yesterday’s verdict by the Patan Appellate Court , French defence lawyerof alleged international serial killer Charles Gurumukh Sobhraj, Isabelle Countant Peyre, today said she was shocked to hear the news and she was intending to take the case to the UNCHR.Peyre said she would move the United Nations Committee for Human Rights challenging her client’s case. Peyre added that she would inform UN authorities of this “new violation of international agreements in judicial matters and fair trials by Nepal.” “I am also requesting the intervention of the French Government,” she added. “I am in a state of shock. It is intolerable that Nepalese judges had last year freed Mr Robinson, a drug lord who had been caught transporting large quantities of drugs,” she said.
The appeals court yesterday upheld the Kathmandu District Court’s last year’s verdict convicting the Sobhraj for killing an American citizen, Connie Jo Bronzich, in 1975 in Nepal and slapping a life term on him.In an email statement, Peyre said, “I am in a state of shock as I just came to know the verdict given by the judges from the Patan Appellate Court, who had kept on postponing for months the appeal procedures concerning Charles Sobhraj after his sentencing by the Kathmandu District Court last year.”“It is intolerable and absolutely shocking that the Nepalese judges, whose Court had last year freed Mr Robinson, a drug lord who had flagrantly been caught while transporting important quantities of drugs,” she added.
Peyre also added that she is intended to immediately take this case to the United Nations Committee for Human Rights and “inform the UN authorities of this new violation by Nepal of all international agreements in judicial matters and on the subject of fair trials.”

CDO of Myagdi arrested in Corruption

Kathmandu, Aug. 4: After an official vested with power from the Commission for Investigation of Abuse of Authority (CIAA) was found to have embezzled, the commission put him in custody.Gyan Prasad Bhattarai, chief district officer of Myagdi district, who had received full authority from CIAA was arrested in Kathmandu Thursday and sent to the Ward Police Office Singhadurbar. He was caught for having embezzled Rs. 600,000 from the insurance money intended for the family of a Nepalese youth who died in Dubai.CIAA said that the preliminary investigation had showed that Bhattarai had received Rs. 2,238,000 in insurance money but had kept Rs. 600,000 in his own account at a bank in Bhairahawa and had given the rest to the family.The commission said that it was also investigating claims that Bhattarai had misappropriated funds during the rebuilding of government buildings in the district destroyed by the terrorists. It is also investigating the accusations that Bhattarai had forged signatures and received pay without employing a Personal Assistant and a Chef as well as buying goods for the office and keeping them elsewhere.

Appeal Court of Lalitpur issues prohibitory order

Kathmandu, Aug.4: The Appeal Court of Lalitpur has issued prohibitory order to cassette producers and distributor restricting them to release, produce and distribute the cassette of songs without consent of singer Ram Thapa and other artistes.Earlier, the court had issued stay order for such restriction on Magh 10 and 15 last year till the time of court verdict. The court order yesterday had revived the stay order.Producer Santosh Subedi and distributor of Opal International had produced and distributed ‘Addiction’ remix song cassette without consent of 10 singers including Ram Thapa, Bharati Upadhayay, Tirth Kumari, Dhurbaraj Khadka, Purna Nepali.The benches of Justices Nanada Raj Adhikari and Durga Prasad Upreti issued the court order.Five singers had filed the case with the court against Music Nepal.This is the first court order regarding remixed songs.

life imprisonment to Charles Shobhraj

Kathmandu Aug 4-The Appellate Court of Lalitpur Thursday upheld last year’s Kathmandu District Court’s verdict of life imprisonment to notorious international criminal Charles Sobhraj Gurumukh convicting him of murdering two tourists in Nepal in 1975.
Convicting him in the murder of two foreign tourists in Kathmandu , the Kathmandu District Court (on August 12, 2004) had passed him a life imprisonment (20 years) sentence. The court had also ordered that all his property be confiscated.
A division bench of judges Krishna Prasad Shrestha and Atma Ram Bhattarai upheld the verdict saying the evidence used against him were right.
The court last year had established the claim of the police that Shobhraj who entered Nepal with another person’s passport, had murdered a Canadian and an American tourist back in 1975.

CJ appointment ‘unconstitutional’-Experts

Kathmandu, Aug 4-In the process of appointing the new CJ, Article 127 has come in handy once again. As per the constitution, the King with the recommendation of the Constitutional Council appoints the CJ. As per Article 117, the Prime Minister heads the Council, and the leader of the opposition in the House of Representative participates as a member. The King changed Article 117 invoking Article 127, and made the CJ the head of the Constitutional Council. The Council thus formed recommended Poudel as the new CJ, and the King appointed him. The constitutional experts are questioning whether invoking of an irrelevant Article could amend an Article of the same constitution. The amendment of an Article of the Constitution is considered as the amendment of the constitution, which can be done only by the two-thirds majority of the House of Representatives.
Legal experts including former Justice of the Supreme Court, Krishna Jung Rayamajhi, on Wednesday labelled the appointment of Chief Justice Dilip Kumar Paudel under Article 127 of the Constitution as unconstitutional.The experts’ reaction came after the Chief Justice Paudel himself claimed that neither his appointment was extra-onstitutional nor was it an amendment of the Constitution.
“It is absolutely against the spirit of the Constitution to appoint a Chief Justice by invoking Article 127,” said former judge Rayamajhi. “It was an unconstitutional assignment to the retired Chief Justice Hari Prasad Sharma to chair the meeting of the Constitutional Council. Properly, it was the purview of an elected PM,” he said.Rayamajhi was speaking at a programme on “Invocation of Article 127: Theory and Practice” organised by the Professional Skill Promotion Committee of Appellate Court Bar Association, Patan. He added that the invocation of Article 127 while sacking Sher Bahdur Deuba, appointing prime ministers and formation of the Royal Commission for Corruption Control was unconstitutional.
Law Minister of the interim government that drafted the 1990 Constitution, Nilambar Acharya, said that it was a fraud against the Constitution to invoke Article 127 while appointing a Chief Justice. He also said it was unconstitutional to use Article 127 without advice by the Prime Minister or by the cabinet.Former Law Minister, Subash Chandra Nembang, labelled the invocation as an amendment to the statute. Senior advocates Radheshyam Adhikary and Shreehari Aryal argued the King had invoked Article 127 against democracy and the spirit of the Constitution. “The use of Article 127 after October 4, 2004, is a taint,” they said.

Sobhraj banks on Indian court to bail him out

Kathmandu, Aug 3- With less than a day before he is freed or sentenced to further punishment him by a Nepalese court, Charles Sobhraj, one of the most wanted serial killers in the 1970s, is banking on Indian courts to bail him out.The 61-year-old French national, who was sentenced to 20 years in prison last year by a court here for the murder of an American backpacker three decades ago, is fighting the verdict.The court of appeals will hear the case Thursday and is expected to give its decision.Sobhraj, the son of an Indian tailor and Vietnamese shop girl, spent several years in India in the 70s where he was convicted and jailed for 21 years for manslaughter and robbery in New Delhi's upmarket Ashoka Hotel.However, Sobhraj's lawyers are now banking on a case heard by India's apex court in 1996 to persuade the judges to release him Thursday.The case goes back to the killing of a foreign tourist, Alan Jacob, in a hotel in Varanasi in India's Uttar Pradesh state in 1976.Three people, including a woman, and an Indian, visited Jacob, who had checked into Natraj Hotel in Varanasi, a major pilgrimage town. A bellboy at the hotel told police he was summoned to bring a glass of water.After the visitors left, Jacob was found dead in the room. Police arrested Sobhraj and charged him with the murder in 1982 when the manager of the hotel and the bellboy identified him as one of the three visitors.Police also brought in a handwriting expert who said the signature of one of the foreigners in the hotel's guest registration book resembled Sobhraj's handwriting.The Varanasi hotel case bears an uncanny resemblance to the Kathmandu killing.Nepal police say Sobhraj checked into Kathmandu's oldest luxury hotel Soaltee Crowne Plaza in December 1976, using the passport of a Dutch tourist he had murdered in Bangkok.He signed the guest register as Henricus Bintanja and the signature resembles the handwriting in his bona fide passport, police say. However, Sobhraj says he never came to Nepal before 2003, when he was arrested from a Kathmandu casino and charged with the three-decade-old murder.His lawyers are basing their argument on the Varansi murder in which India's Supreme Court said police did not have enough evidence to convict Sobhraj. The court said the handwriting expert's testimony had to be backed by other indisputable evidence.It also said since the Varanasi hotel manager and bellboy had seen the foreigners only for a moment, they could not be trusted to identify Sobhraj as being one of them six years later.The courts may be in different countries but the legal principles remain the same, Sobhraj's lawyers say.Sobhraj himself too considers the Indian courts to be fair, though he was convicted by one of them."In India, I got a fair trial," he said. "In Nepal, no one called the witnesses, no one allowed me to cross-examine them."
Courtesy:-Indo-Asian News Service

Decision copy lost from the file in RCCC ?

Kathmandu Aug 3- Decision copy of Melamchi Project has been lost from the file in Royal Commission for Corruption Control (RCCC) Kantipur Reports . Three pages of decision copy is missing told one officer of RCCC . Advocate Ram prasad Bandari told that defender could not make appeal because of RCCC . RCCC has not yet given the copy of the decision .Same as ,Advocate ishowari chandra sharma blamed that RCCC is trying to change the copy of decision.
Officer of RCCC, Prem Raj karki told that, decision copy should be with secretory or the member of RCCC. That is a technical reason .He told that no one has came to asked for the copy of the decision yet .

Gagan Thapa’s remand extended by 5 days

Kathmandu, Aug 3 - The Special Court Wednesday extended the police remand of student leader and former general secretary of Nepal Students Union, Gagan Thapa, by five more days.
Police took Thapa to the office of the government attorney to verify his statement recorded earlier before producing him at the Special Court at 11:00 a.m. today.
According to sources, the District Police Office, Kathmandu, wanted to extend Thapa’s remand by 15 more days to “continue” the investigation but Thapa’s lawyer argued that as the investigation had already completed, Thapa be released.
The full bench of the Special Court extended Thapa’s remand by 5 days.
The authorities are planning to file sedition charge against Thapa, accusing him of chanting anti-monarchy slogans. Amnesty International, has declared Thapa prisoner of conscience.

"constitusanal appointed" CJ brushes aside controversy


Kathmandu, Aug 2 - Newly appointed Chief Justice Dilip Kumar Poudel has defended his appointment as being constitutional, arguing that the constitution has not been amended to facilitate his appointment, as claimed by some constitutional experts.
Besides, he has also promised to give greater role to the Judicial Council to tackle corruption that has mired the judiciary.
"My appointment has been made as per the Constitution of Nepal. If anyone argues that it is an amendment in the constitution, can it be really amendment? Can the constitution be amended?", Poudel fumed.
His remarks have come at a time when constitutional experts are questioning the constitutionality of the process of his appointment. The king invoked Article 127 to decree that outgoing chief justice Hari Prasad Sharma call and head the Constitutional Council, an authority bestowed on a sitting prime minister by the constitution, that recommended the name of Poudel to the king. Lawyers argue that the royal executive decree amended the constitution by delegating the power of a sitting prime minister to the chief justice.
The King appointed him to the post on Saturday as per the recommendation of the CC. The king administered the oath of office and secrecy to Poudel at the Royal Palace Monday morning.
Replying to queries of journalists in his maiden press conference at his secretariat after he assumed the top judicial post, Monday afternoon, CJ Poudel stressed on implementation of the Five Year Strategic Plan of the Judiciary.
Asked about settling the review petition seeking restoration of the dissolved House of Representatives, he said that all cases would be heard in due process defined by the existing laws.
Poudel has assumed the post at a time when the independence of the judiciary is in question, especially due to delays in dealing with cases against the controversial Royal Commission for Corruption Control (RCCC), issues related to news ban on FM, mobile phone operation and contempt of court cases against vice-chairmen Dr Tulsi Giri and Kirti Nidhi Bista, and Home Minister Dan Bahadur Shahi.

"I respects SC"- Home minister

Kathmandu, Aug 2 - Home Minister Dan Bahadur Shahi has said that he has no intention of disrespecting the Supreme Court (SC) and has sought quashing of all the contempt of court cases against him.
Altogether six contempt of court cases, against Shahi, are pending in the court. Lawyers approached the court with contempt of court cases against Shahi at different times over the re-arrest of political detainees, in violation of the orders passed by the apex court to release them. Shahi also informed the court that he has ordered his office and other offices under the Home Ministry not to defy court orders and not to detain any citizen illegally.

Sobhraj filed petition Kathmandu, August 1- Charles Sobhraj Gurumukh, who is known as international serial killer today filed an application in the Patan Appellate Court requesting the court to allocate at least two days for hearing his case. He pleaded that as the one-day time the court had been allocating in the past hearings was insufficient for his lawyers to present their arguments. The court has heard the case for four times in the past and has not been able to deliver its verdict. The case is scheduled for hearing on Thursday for the fifth time. Sobhraj has appealed to the PAC against the one-year-old Kathmandu District Court verdict that slapped him life (20 years) term for on the charge of killing American national Connie Jo Bronzich in 1975. Sobhraj also forwarded his petition to the UN Human Rights Commission, Office of High Commissioner of Human Rights, Office of the Chief Justice of the Supreme Court of Nepal and the Ministry of Law, Justice and Parliamentary Affairs to draw their attention.

Case on Dissolved HoR Will Get Due Priority: CJ Kathmandu, August 1- The newly appointed Chief Justice, Dilip Kumar Paudel, today said he would give due importance to a pending case regarding the reinstatement of the dissolved House of Representatives. The much-talked-about review plea on the case is pending in the Supreme Court for the past three years. Talking to journalists at his chamber in the Supreme Court immediately after he was administered the oath of office by King Gyanendra, Paudel said: “The case would be scheduled for a hearing in a bench according to the law.” He, however, said he cannot give details. Paudel further said he would spend his time hearing cases rather than engaging in other administrative work. “Providing justice is the duty of the Chief Justice and, as such, I will give priority to the dispensation of justice,” he said. He also unveiled an 11-point action plan for his two-year-long tenure. Paudel said he would maintain discipline in the judiciary by making effective the Judicial Council and the Judicial Service Commission. “The Council will be effective in checking graft and irregularities in courts,” he said. According to him, the judiciary is still independent at a time when the country is facing a constitutional crisis. “People are questioning the judiciary without any basis,” he said. When asked about his appointment through ‘extra-constitutional measures’, he said it was just an allegation. “There has been no amendment in the Constitution as claimed by legal experts,” he said. He also said he would work towards implementing the first five-year strategic plan of the judiciary to reform courts. “And for this, I will work on implementing reports submitted by several committees.” He said special programmes would be introduced during his tenure to implement court verdicts. He further said a computer network would be established to modernise the judiciary.