Politicians,officials under CIAA scanner

Kathmandu, January 31-The Commission for the Investigation of Abuse of Authority (CIAA) on tuesday said it is looking into the sources of income of some 31 politician and high-ranking officials.

“We have been investigating 31 politicians and high ranking officials,” said Kumar Chundal, an investigative officer at the CIAA, adding, the anti-graft body would also decide within a couple of months whether to file corruption cases against 15 individuals. Chundal was briefing journalists while making public the facts of the annual CIAA report for the current fiscal year. The report was made public by the King yesterday by activating Article 127 of the Constitution at the time when parliament is not functioning.

Another CIAA officer, Chet Nath Ghimire, revealed some clues about the corruption case against former prime minister Girija Prasad Koirala. He said the body was investigating Koirala’s relatives and former officials working with him. Ghimire, who is also Deputy Attorney General, claimed that the CIAA had filed a corruption case against Koirala’s former personal assistant Gokarna Paudel and probe into activities of another assistant of Koirala, Hari Sharma, was pending.

SC upholds action against former Lalitpur judge

Kathmandu, January 31-The Supreme Court today upheld the authority of the Judicial Council to take action against judges on charge of misconduct or on any other ground as per the Constitution. The chief Justice remains the head of the Judicial Council.

Approving a four-year-old recommendation of the Judicial Council, a division bench comprising Justices Balram KC and Tahir Ali Ansari upheld the action against the then Lalitpur District Court judge Gopal Prasad Guragain. Challenging the Judicial Council’s recommendation to the King, Guragain had filed a writ petition in the Supreme Court. The King has already approved the Council’s recommendation to sack Guragain.

A one-member panel constituted by the Judicial Council to investigate into bribery charges against Guragainrecommended had recommended his sacking. The Judicial Council has been exercising the power to take action against judges on grounds of incompetence or misbehaviouras per Article 91(3) of the Constitution.

The bench today said there were no procedural errors while sacking the former judge on charges of incompetence and there was no need to issue a writ to the Judicial Council.

The Judicial Council had recommended action against Guragain after he received Rs 195,000 as bribe from a government attorney, Lekhnath Paudel. Gurugain claims it is injustice to sack him as the government attorney had send the bribe to his home without his consent seeking his favour in a sub-judice criminal case.

While the Judicial Commission had sacked government attorney Lekhnath Poudel, the Judicial Council had began action against Guragain.

NBA President not to plead before Ojha

Kathmandu, January 31-The Supreme Court today postponed hearing on a case after the lawyer, the president of the Nepal Bar Association, Shambhu Thapa, refused to plead before the bench that included ad hoc judge Pawan Kumar Ojha.

After Thapa refused to plead, the court postponed the hearing. The bench comprised judges Ram Nagina Singh and Ojha. The bench said the case was postponed as per the request of the lawyer. Thapa was present in the court to plead on behalf of the Nepal Bank Limited in a case filed by the employees of the bank.

HM publicizes reports

Kathmandu Jan 31-His Majesty King Gyanendra, under article 127 of the constitution of the kingdom of Nepal -1990, has issued orders and made public the annual reports of the Commission for Investigation of Abuse of Authority (CIAA) and the Public Service Commission (PSC) of the Fiscal Year 2061/062 BS, and the report of the Office of the Auditor General- 2062 BS, presented to His Majesty the King, in accordance with the constitution of the kingdom of Nepal -1990.

This is stated in the notice published today by the Press Secretariat of His Majesty the King.
His Majesty has publicized these reports in absence of parliament.

As per the constitutional provision, such reports should be publicized by the parliament.

same as His Majesty the King has, in accordance with the Constitution of the Kingdom of Nepal-1990, promulgated the ‘Ordinance to Amend Some Nepal Acts Related to Education and Sports, 2006’.

This is stated by the Office of the Prime Minister and Council of Ministers .

Professionals Silently Rally for Democracy

Kathmandu Jan 31-Professional Alliance for Peace and Democracy (PAPAD) organised a silent rally in Kathmandu on Monday in support of the agitation launched by the seven-party alliance for full-fledged democracy. The rally was also aimed at warning the government to stop autocratic moves.

Various professionals from law, education,medicine including others, took part in the rally, which started this afternoon from the New Baneshwar and concluded at Maitighar, Mandala Chowk.

The participants, who carried banners with various slogans in support democracy and human rights during the rally, stressed on the need of an independent democratic system after converging at the Mandala Chowk for an assembly.

The government had mobilised a great number of security personnel. However, no clash took place between security personnel and protestors.

22 mayors and deputies elected unopposed

Kathmandu Jan 30-The Election Commission (EC) Sunday said 22 mayors and deputy mayors elected unopposed received certificates from the concerned election offices as the specified time for publishing the final name list of candidates ended at 5:00 p.m. on sunday.

The 22 mayors and deputy mayors elected unopposed are from Ilam, Damak, Bhimeshwor, Bahktapur, Banepa, Panauti, Dhulikhel, Ratnanagar, Prithvinarayan, Vyas, Waling, Tansen, Birendranagar, Nepalgunj, Gulariya, Dipayal, Ramgram and Butwal municipalities. Likewise, mayors and deputy mayors have been elected in Kapilvastu, Baglung, Dasarathchand and Amargadi municipalities also, spokesman of the commission, Tej Muni Bajracharya, said.

Over 600 candidates cancelled their nominations citing security threats while no nominations were filed in hundreds of municipal posts. Many of them accused the government of forcing them to file candidacies.

Election is talking place in 58 municipalities, including the Kathmandu Metropolitan City and four sub-metros in 43 districts on February 8.

NBA to observe Feb 1 as ‘black day’

Kathmandu Jan 29- Two prominent professional organizations Nepal Bar Association (NBA) and the Federation of Nepalese Journalistshave announced to observe February 1 as ‘black day’.

The NBA, the umbrella organization of Nepalese law professionals, today announced to mark February 1 as ‘black day’, saying that people’s rights and the rule of law deteriorated in the country after the February 1 royal move.

Issuing a statement, the NBA directed its 81 units around the country to organise programs as part of marking February 1 as ‘black day’

“We want to observe the day as Black Day in our constitutional and political history and we want that such a day should not repeat in future,” the lawyers’ body in a statement issued today by the general secretary of the NBA, Madhav Banskota.

Mainwhile , Organising a press meet in Kathmandu today, FNJ officials said a national conference has been planned in the capital followed by a demonstration at New Road, a restricted area, in protest against the government curb on the independent press. Journalists from different parts of the country, who have faced arrests and torture form the state, are also scheduled to participate in the conference, they informed.

The FNJ also asked its branch offices in the districts to organise programs to mark February 1 as ‘black day’.

On February 1 last year, King Gyanendra sacked a four-party government led by Sher Bahadur Deuba and assumed direct power. Restriction on political rights and press freedom has been tightened since then.

NIDC to be converted into company

Kathmandu, Jan 29 - Nepal Industrial Development Corporation (NIDC), an ailing state-owned financial intermediary which has been extending financial and technical support for establishment and expansion of industries, is all set to be converted into a company.

"The corporation has already initiated necessary process to register itself as a financial company of class 'B' as per the Bank and Financial Institutions Ordinance (BAFIO). Soon after completion of the registration process, it will start functioning as a public company," Milam Bikram Shah, general manager of NIDC said on Saturday.

BAFIO, introduced in February 2004, is a unified piece of legislation that governs various financial intermediaries operating in the country.

It has amalgamated various acts, namely Commercial Bank Act-1974, Agricultural Development Bank Act-1967, Finance Company Act-1985, Nepal Industrial Corporation Act-1990 and Development Bank Act-1996, to govern operations of different financial institutions.

"Once the corporation is enrolled in the new system, its own act promulgated in 1989 will be automatically annulled and will have to function as per conditions laid in the ordinance," Shah said.

An official at the Ministry of Finance also said that the government will start privatization process of the corporation soon after NIDC is converted into a company.

"A private accounting firm has already been hired to evaluate its assets and once it submits the report we will determine the privatization modality," he added.

Established in 1959 through 'Special Charter Act', NIDC was known as one of the profit making financial intermediaries till 1995.

However, due to heavy political intervention and lack of farsighted managers, the corporation had started incurring losses after that.

Following this, the government had appointed

PriceWaterHouseCooper (PWHC), a renowned international accounting and consultation firm, to evaluate its assets and develop restructuring plan.

In its report prepared on July 2003, PWHC had suggested the government to liquidate the corporation within a two-year period. The corporation currently possesses assets worth Rs 4.83 billion, including land, building, and credit and share investment, whereas its liabilities stand at Rs 1.76 billion.

According to officials, although NIDC had managed to generate an operating profit of Rs 120 million, Rs 61.3 million and Rs 55.3 million in fiscal years 2002/03, 2003/04 and 2004/05, respectively, the corporation's cumulative loss stands at Rs 870 million.

The corporation currently employs 57 persons and has two regional offices, in Biratnagar and Pokhara.

540 corruption cases filed in three years: CIAA

Kathmandu Jan 28-The Commission for Investigation of Abuse of Authority (CIAA), has said that it had registered 540 corruption cases and claimed about 3.5 billion rupees as reimbursement in the last three years after the second amendment to the CIAA Act, which further empowered the anti-corruption body.

Of the total 339 had been finalised while 201 were under consideration.

"The charges against public office holders include amassing property through illegal means, fiscal crime, fake certificates, and other corrupt activities like abuse of passports, vehicle registration and bribery," reports quoted Laxman Kumar Pokharel spokesperson of CIAA as saying.

Those charge-sheeted include, among others, ministers, secretaries, police inspector generals and other high ranking government officials, he said.

"Of 60 government officials accused of amassing property through illegal means, five were ministers, two special class secretaries, three IGPs, 17 first class joint secretaries, ten assistant secretaries, four junior officials and 19 assistant clerks," he added

Pokhrel said that the number defendants on charges of fiscal crime was 111, including a general manager and his deputy of Agriculture Development Bank and a deputy general manager of Nepal Bank Limited.

Likewise, 233 persons, including two first class, nine second class and 59 third class officials, were charged with using fake certificates to enter public services.

Talking about the working strategies of the anti-graft body, Pokharel said that they would set up a probing unit in order to make training and monitoring more effective, improvise investigation technologies, set up intelligence unit, install computer networking and establish coordination among anti-corruption bodies.

He said that the Commission would take action against the alleged as soon as it received complaints through any means. Stating that there was always room for improvement, he said that the Commission would be better equipped once it would shift to its new building, which is being constructed in Tangal at 150 million rupees

3-month arrest letters to 250

Kathmandu, Jan 28 - About 250 leaders and cadres of the agitating political parties and their student wings, most of whom were arrested by police during anti-government demonstrations in their respective districts Thursday, were handed three-month detention letters Friday by the authorities on the charge of "disrupting peace and security" in the country kanthmandu post reports.

In Rajbiraj, authorities handed three-month detention letters to some 100 political party leaders and cadres, arrested by police in the last three days. CPN-UML's zonal committee secretary Sumanraj Pyakurel, district secretary Diwakar Devkota and Nepali Congress (NC) district chairman Rajkumar Chaudhary are among those handed the letters.

In Biratnagar, 38 of those arrested Wednesday and Thursday, most of them from their own houses, have been handed similar letters. According to Democratic National Youth Association, a youth wing of the CPN-UML, 35 of the detainees have been crammed inside a tiny room at the police office in Rani, and are being subjected to inhumane treatment.

In Ilam, more than two dozen demonstrators held on Thursday were served three-month detention letters. They are being held at the police office at district headquarters. Nepali Congress chairman Himalaya Karmacharya and NSU district chairman Taradaju Phago are among those detained.

Likewise, the authorities also served three-month detention letters on 33 political leaders
and cadres in Inaruwa, 11 in Tanahu, four in Siraha and 27 in Pokhara.

Meanwhile, in Janakpur two student leaders who were arrested Thursday were handed one-month detention letters.

SC issue show cause notice for power outage

Kathmandu, Jan 27-The Supreme Court today issued show cause notices to the Prime Minister’s Office, the Cabinet of Ministers, the Ministry of Water Resources and the Nepal Electricity Authority (NEA), demanding reasons for the cause of ongoing power outage across the country.Following a hearing today, a single bench of ad hoc judge Pawn Kumar Ojha issued the order while responding to a public interest litigation (PIL) filed by advocate Bhupendra Prasad Pokhrel a few days ago challenging the NEA’s decision to impose 17 hours of load-shedding every week.

The bench has also put the case on its priority list for hearing. The bench, however, did not issue a stay order as demanded by the petitioner. The petitioner had sought an apex court order to nullify the Nepal Electricity Authority’s notices issued to inform about the 17-hour power outage.

The petitioner had also sought an SC order directing the authorities not to impose such decisions that violate the rights of the people.“The authorities do not have the right to cut off power once they have distributed electricity lines as per the Electricity Act, Nepal Electricity Authority Act and Regulation,” the petitioner calimed.

SC show cause to govt, NHRC

Kathmandu, Jan 27-The Supreme Court today issued show cause notices to the Prime Minister’s Office and Cabinet and the National Human Rights Commission (NHRC) demanding reasons on why they did not implement the recommendations of the NHRC regarding protection of rights.

A single bench of ad hoc judge Pawan Kumar Ojha issued the order following today’s hearing. The bench told the defendants to submit their written explanations within 15 days. He, however, declined to prioritise the case, as sought by the writ petitioners.

Advocates Bhoj Raj Air, Bhoj Raj Bhatta and a Lalitpur resident Pushpa Raj Pandey jointly filed the PIL seeking the apex court ruling to the government to implement the recommendations within the stipulated time.

The Prime Minister’s Office and Cabinet and the NHRC were accused for not implementing the recommendations despite the NHRC Act 1997 vested liabilities to the government for the implementation of the recommendations of the rights body within three months.

The government did not implement 29 of the 33 recommendations of the NHRC during the fiscal year 2061/62 BS.

“Despite provision by Clause 13 of the NHRC Act 1997 that the government should implement any recommendation made by the NHRC within 3 months, the government did not implement them,” claimed writ petitioners. They also claimed that there is an urgent need to issue a mandamus order by the SC to the government to implement the recommendations.

Writ petition against load shedding

Kathmandu Jan 27-A writ petition was filed at the Supreme Court Thursday seeking termination of the load shedding arrangement made by Nepal Electricity Authority (NEA).

The petition filed by advocate Bhupendra Prasad Pokhrel seeks an interim order asking NEA to revoke load shedding.

The Prime Minister's Office and the Cabinet, Ministry of Water Resources and NEA have been named defendants in the case.

The petition claims that load shedding was been enforced against clause 19 of NEA Act 2049 and clause 23 of NEA Act 2041.

NEA is enforcing load shedding 17 hours a week across the country, citing shortage of electricity.

CIAA cannot issue mandamus orders: SC

Kathmandu, Jan 27- A three-member special bench of Justices Anup Raj Sharma, Badri Kumar Basnet and Kalyan Shrestha issued the order responding to a writ petition filed against the anti-graft said the Commission for the Investigation of Abuse of Authority (CIAA) cannot issue mandamus orders.

The bench also ordered that the CIAA cannot exercise the power to issue directive to any body though Clause 12(a) and (b) of the CIAA Act 2002 gives it the authority to recommend any government body or official to correct the mischief of any official. The bench added that these provisions did not contradict with the Constitution as claimed by the writ petitioner. These provisions authorise the CIAA to recommend any body or official to correct their mischief committed while performing duty.

The bench issued clean chit to Dhungel, who was convicted by the anti-corruption panel of in corruption case while he was on duty. “The CIAA has no authority to issue such mandamus orders,” the bench observed.

“The CIAA had convicted him without seeking any clarification from him. His statement given to the CIAA cannot be termed clarification,” the bench observed.

On November 18, 2004, the CIAA had decided to take action against Dhungel for illegally appointing his sister-in-law Sabitri Rimal as assistant administrator in the varsity and promoted staffers close to him though they were not eligible. Dhungel was accused of illegally promoting typists Nima DC, Prem Bahadur Chitrakar and Krishna Prasad Lamichhane.

The CIAA had ordered the MSU to get back from Dhungel Rs 1,94,242 used to provide salaries to the illegal appointee and the promotees. The anti-corruption panel had also directed the varsity to get back Rs 2,72,025 from the ex-vice-chancellor, which he had allegedly used from the varsity fund meant for travel and daily allowances.

The CIAA had also directed the Nepal Rastra Bank and Ministry of Land Reform and Management to freeze Dhungel’s bank accounts and properties. The CIAA had claimed that Dhungel had attended his Dang office only 52 days though he was the V-C for about 20 months. According to the records, during the remaining period Dhungel was in Kathmandu or India and availed of travel and daily allowances.
The anti-graft body had also directed the MSU to sack vice-chancellor’s sister-in-law Sabitri Rimal and to correct all his mistakes committed by Dhungel during his tenure.

Former vice-chancellor of the Mahendra Sanskrit University (MSU), Acharya Purna Chandra Dhungel filed writ petition against the anti-graft the Commission for the Investigation of Abuse of Authority (CIAA) more than a year ago.

Poor Turn Out for Candidacy

Kathmandu, Jan 27 - As the deadline for the candidates to register for the upcoming municipal elections ended Thursday evening, nominations were filed for less then one-fourth of the total seats of the municipalities across the country.

Candidates have filed their registration in only about 1000 of the total 4146 posts in the 58 municipalities across the country.

236 mayoral candidates, 192 deputy mayoral candidates, 706 ward chairman candidates and 1943 ward member candidates have filed their registrations, the Election Commission informed in the late evening .

About one third of the total candidates who registered for the polls today are expected to be elected unopposed, including mayoral candidates in six municipalities.

Ten persons have filed their candidacy for the post of Mayor in the Kathmandu Metropolis while eight have filed for the post of deputy mayor. However, some of the wards of the Kathmandu Metropolis have remained vacant as nobody filed their registrations.

The Election Commission did not provide the name list of the ward chairmen candidates of Kathmandu.

Four persons filed their candidacy for the post of mayor in Lalitpur Sub-Metropolis while seven filed for the post of deputy mayor.

In Kirtipur, three mayoral candidates and one deputy mayoral candidate filed their candidacy.

Amidst tight security, the political activists from the alliance chanted anti-election slogans around the Election Commission in the capital today.

Four candidates have registered the mayoral candidacy for the Madhyapur Thimi Municipality.

In Bhaktapur Municipality, just a single nomination for the posts of mayor and deputy mayor each were filed today, while five mayoral and two deputy mayoral candidates offered their candidacy at Thimi Municipality.

A possible candidate carrying a flag with a pro-republican slogan was barred from filing his candidacy in Bhaktapur.

In Biratnagar, All together 30 people have filed their candidacy for the posts of ward chairperson in Biratnagar, according to our correspondent.

In Pokhara Sub-Metorpolis, six persons filed their candidacy for the post of mayor while only one person offered his candidacy for the post of deputy mayor. Seven of the total 18 wards of the Pokhara Sub-Metropolis are without any candidates.

Our Baglung correspondent reports two persons each have offered their candidacy for the posts of mayor and deputy mayor in the Baglung Municipality.

Reports from Dang say two mayoral candidates filed their candidacy at Tribhuvan Municipality while three candidates offered their candidacy for the post of mayor at Tulsipur Municipality.

Likewise, four persons each filed for the post of mayor at Itahari and Siddartha Nagar municipalities while at Dharan and Bharatpur municipalities five persons each filed their candidacies.

The Chief Election Commissioner said that the Commission is planning to bring a new registration programme for the vacant posts of the municipalities

PIL Filed at SC Against Government

Kathmandu, Jan 26- Advocates Bhoj Raj Air, Bhoj Raj Bhatta and Pushpa Raj Pandey, a Lalitpur resident, jointly filed a public interest litigation (PIL) at the Supreme Court on Wednesday calling on the apex court to order the government to implement the recommendations put forward by the National Human Rights Commission (NHRC) on rights protection.

Petitioner asked , the SC to direct the government to implement the recommendations of the NHRC within the stipulated time. The Prime Minister's Office, the Cabinet of ministers and the NHRC have been made the defendants of the writ petition.

According to the petitioners, the government has not implemented 29 recommendations out of 33 put forward by the NHRC during the fiscal year 2061/62 BS. Clause 13 of the National Human Rights Commission Act 1997 requires the government to implement its recommendation within 3 months. "The government is not following the 1997 Act," the petition said.

"The victims' right to compensation and the right to punish perpetrators are being violated due to the delay in implementing the recommendations," the petitioners said.

They also claimed that the SC needed to issue the government a mandamus order to implement the recommendations.

In its annual report for the fiscal year 2061/62, the autonomous rights body had also said that the government had failed to implement its recommendations in the stipulated time.People are being deprived of their due rights due to the government's insensitivity, the petition claimed, adding, that the NHRC too should share the responsibility for the non-implementation of its recommendations."Several fundamental rights guaranteed by the 1990 Constitution are being violated due to the non-implementation of the recommendations," the petitioners said.

RPP (Rana) to Move SC Against EC Decision

Kathmandu, Jan 25 - The Rastriya Prajatantra Party (RPP) led by Pashupati SJB Rana is moving the Surpeme Court (SC) “soon” challenging the decision of the Election Commisison (EC), which on Tuesday froze the party’s election symbol, plough.

The Election Commission (EC) on Tuesday barred both the establishment of the Rastriya Prajatantra Party (RPP) and its rival faction from using plough as their election symbols.

Following an extended debate at its head office involving both the RPP establishment and the newly formed ‘RPP’ led by Home Minister Kamal Thapa the commission announced the decision this evening, dismissing the claims of both sides over the election symbol.

The EC heard arguments from both sides after the Patan Appellate Court, deciding on a case filed by the RPP establishment under Pashupati Shumsher Rana, shifted the responsibility to decide the legality of the rival parties and as well as the row over the election symbol to it.

The EC, however, did not comment on legality issue concerning the RPP factions.

Surya returns home after 15 years jail

Kathmandu, Jan 25 - After spending 15 years in a Pakistani jail for no fault of his, Surya Bahadur Nepali of Baglung Municipality – 3, will finally return home.

Sixteen years ago, he was returning home from Saudi Arabia via Pakistan when he was arrested on false charges and was lodged in Pakistan's Central Jail in Rawalpindi.

His luggage and passport were stolen when he was having lunch, after he landed in a Pakistani Airport.

Nepali, 35, is coming home after 15 years, said Jagdish Chandra Upadhyaya, Baglung district vice-president of Nepal Red Cross Society (NRCS) who met the prisoner in the Pakistani jail.
He was there recently with relief aid for the earthquake victims.

Upadhyaya said he was able to meet Nepali in jail after three days effort. Upadhyaya first met the Royal Nepalese Ambassador Puskar Man Singh Rajbhandari in Pakistan and apprised him of the situation. The latter arranged for a lawyer.

Ameer Khan, Pakistani lawyer agreed to provide legal support free of charge for his release while the Nepalese Embassy assured of free paper work involved in sending him back to Nepal.
"Once the Embassy and Foreign Ministry show concern, it works," said Upadhyaya, adding, "He remained in jail for so long as nobody had shown any concern before."

Upadhyaya has asked the family members here to ready airfare and Rs 40,000 for the lawyer's assistant.

Related News

Without reason 15 years in Pakistani jail

EC publishes election schedule

Kathmandu Jan 24-The Election Commission on Tuesday has published detailed programme for the municipal polls slated on February 8.

According to the programme, candidates will have to file their nominations on Thursday (January 26) between 10 a.m. and 5 p.m. The Commission shall publish the name list of candidates filed for the election on the same day. Protests and complaints against the candidacy would be received from 10 a.m. to 1 p.m. on January 27 and name list of the candidates contesting the election shall be published at 5 p.m. on Friday, after the Commission delivers its verdict on the complaints.

Candidates filing their nomination can withdraw their nominations on Jan. 28. The Commission will publish the final list of candidates on January 29. The candidates shall be given their election symbols the same day.

Voting for the elections will take from 8 in the morning until 5 in the evening on February 8 in the respective polling centers of the municipality.

SC Allows NT to Install CDMA System

Kathmandu, Janu 24- The Supreme Court opened way to the Nepal Telecom by allowing it to install the Code Division Multiple Access (CDMA) system with which the NT plans to launch the Wireless Local Loop (WLL) telephone service in the country.

A division bench of Justices Badri Kumar Basnet and Top Bahadur Magar quashed the writ petitions seeking the apex court order to bar the NT from installing the system. "There is no ground to issue order as sought by the writ petitioners," the bench ruled while pronouncing the verdict.

The NT told the SC that the company plans to distribute over one million wireless local lines across the country after installation of the CDMA system.

The NT, in its figure produced before the apex court, had said it had already spent over one billion rupees to prepare to install the system estimated to cost about three billion rupees.

On July 11, the apex court had issued the stay order barring the NT from installing the CDMA system.

Advocates Bishnu Prasad Dhakal, Arjun Prasad Uprety and a businessman Sanjeev Parajuli had filed petitions raising questions over the process of acquiring permission from the government to install the system .

They claimed that the government gave a go ahead to the NT to launch the WLL service under the CDMA system without completing required legal process.

While issuing the stay order the SC had raised serious doubts over the payment of tax by the NT while getting permission to launch the CDMA.

The petitioners had claimed that it was improper to provide authority to the NT without issuing a tender notice to provide a chance for every Nepali citizen to bid the programme.

Accused of Pranita Sunuwar murder case escapes jail

Lalitpur, Jan 23 - One of the main accused of the sensational Pranita Sunuwar murder case that took place some three and a half years ago in the capital, Prakash Gurung has fled from police custody.

Security sources have informed that on January 18, Gurung had gone to Balaju with police constable Ramji Kafle of the Nakhhu jail to buy some goods. "But he somehow managed to dodge Kafle and fled," a police official said ekantipur reports.

The official also informed that the police did not make the incident immediately public because "it would hinder the investigation."

Confirming the incident, Jailer Ram Prasad Bhattarai said, "The constable (Kafle) has been arrested and the hunt for Gurung is on."

Sunuwar, 26, was brutally killed on the night of June 30, 2002. Gurung was being kept in the jail soon after his arrest in connection with the murder.

According to jailer Bhattarai, Gurung was made the Bhai Naike (leader) of the inmates due to his "good conduct" in the jail. Bhattarai also informed that a Bhai Naike, if needed, could come in and go out of the jail under security presence. Saying that Gurung had also been allowed to run a shop inside the jail, Bhattarai said, "He took advantage of our trust."

"We are preparing to produce constable Kafle before the district court," Bhattarai said, "He will be investigated and punished if found guilty."

Pranita, the second wife of Ashok Sunuwar, was murdered at her residence at Dhobighat, Lalitpur. Two weeks after the murder, police had said that Ashok's first wife and film producer Phuljyoti had hired some people to kill Pranita. Phuljyoti has been kept in the women's jail at Dillibazaar since then.

Police had also arrested Manjur Tamang, 22, of Nuwakot Sunkhani-2, Diwakar Budhathoki, 30, of Sirutar, Bhaktapur, Prakash Thapa of Nuwakot, and Chitra Bahadur Magar, Rajesh and Suraj Rai alias Raj Bahadur of for their alleged involvement in the murder. Police had also arrested Prakash Thapa, Keshav Thapa and Krishna Kumar Thapa for "helping in murder."

Court refuses to issue interim order

Kathmandu Jan 23-The Appellate Court of Lalitpur on Monday has refused to issue interim order as demanded by the Rastriya Prajatantra Party (RPP) and has instead asked the Election Commission (EC) to settle the row.

A division bench-- comprising Chief Judge at the Appellate Court, Rana Bahadur Bam, and Judge Durga Pasad Upreti-- held that since the issue fell under the jurisdiction of the EC and the EC was yet to deliver its verdict, there was no need to issue interim order as demanded by the RPP. The court said as the Election Commission is the constitutional body authorised to handle all matters related to election. At a time when the Election Commission is handling the RPP rift, there is no need to issue a stay order on the case, the court said.

In a writ petition filed at the Appellate Court, chairman Rana and 20 central committee members of the RPP had demanded that the court asks the EC not to issue the party’s election symbol ‘plough’ and flag to the dissident group led by Home Minister Kamal Thapa.

The dissident faction, in a ‘special general convention’ of the party organized in the capital early this month, announced that Rana had been deposed from the party’s top post and that Home Minister Thapa had been ‘elected’ its new chairman.

Rana, however, dismisses the entire exercise as a farce and against the statute of the party.

Lawyers protest against government crackdown

Kathmandu, Jan 23 - Various lawyers on Monday lit candles to symbolically protest the government crackdown on leaders, lawyers and human rights defenders and urged all to unite for the restoration of civil liberties.

The protest programme was organized by the Nepal Bar Association (NBA) today.

Speaking during the programme former NBA President Harihar Dahal said," We must not support the government in its conspiracy against democracy,” adding, “No one can compromise with human rights.”

"If this inalienable right is interfered with, then we have to snatch it back from the government," said senior advocate Shreehari Aryal.

“We all believe in doing and not just speaking, so for our freedom we have to work in unity against autocracy,” said senior advocate Basantaram Bhandari.

Similarly, NBA President Shambu Thapa said that the present government has crossed all limits of autocracy. It has suppressed all civil liberties and human rights in the country.

He also urged the government to release all the political leaders, law practitioners, and human rights defenders from security detention.

More than 250 still detained: NHRC

Kathmandu Jan 23-The National Human Rights Commission (NHRC) has said that 276 opposition political leaders and civil society activists are still facing detention in various places in the Kathmandu Valley.

Out of 311 detainees met by NHRC monitors in 12 different detention centres in Kathmandu, Lalitpur and Bhaktapur, 35 persons are known to have been released, a press release issued by the commission on Monday said.

NHRC monitors have been regularly visiting detention centres to take stock of the condition of the detained leaders and civil society activists since last few days. The NHRC officials visited the Nepal Police Training Centre, three Armed Police Force battalions, ward police offices of Bouddha, Singh Durbar, Gaushala, Durbar Marg, New Road, Sohrakhutte and Kamal Pokhari and Pahara Battalion of the police.

The rights watchdog, however, didn’t reveal anything regarding the condition of the detainees.

Meanwhile, the NHRC has expressed serious concern over the killing of Nepal Sadbhawana Party’s Dhanusha chairman Bijay Lal Das by the Maoists on Sunday. The commission said the killing, which came despite commitment from the Maoist leadership towards human rights and international humanitarian laws, is condemnable.

The NHRC said it was sending a team to the area to investigate into the killing.

PIL filed angainst restrictions

Kathmandu, Jan 23- A public interest litigation (PIL) was filed at the Supreme Court (SC) on sunday seeking its intervention against the government’s prohibitory orders imposed with the intention of “curbing the right to freedom of assembly as well as the right to speech and expression.”

Advocate Shantosh Kumar Mahato filed the PIL at the SC seeking a stay order against the government crackdown on the political parties by withholding their rights to organise sit-in protests, peaceful rallies and assembly. The Supreme Court has scheduled the hearing of the case for Tuesday.

The Home Ministry and all three District Administration Offices in Kathmandu valley have been made the defendants of the writ petition. The petition has urged the SC to lift the government ban on political activities. The petitioner has claimed that the imposing of the propitiatory order on January 18 went against the fundamental rights guaranteed by the 1990 Constitution.

“Since the propitiatory order has violated the Article 12(2)(a)(b) and (c) of the Constitution, the apex court needs to intervene,” the petitioner said.

The three District Administration Offices in the valley had imposed the propitiatory order in the valley by activating Section 6(3)(a) of the Local Administration Act 2028 BS.

The petitioner has said that the government has the authority to impose such restrictions against a specific person, but it cannot impose such an order on all the people. The government has no authority to curb the rights of people, the petitioner claimed.

Professionals' body gives ultimatum to govt

Kathmandu, January 23- The Professional Alliance for Peace and Democracy (PAPAD) on sunday issued a seven-day ultimatum and urged the King to form an all-party government. The professional body threatened to hit the streets if their demands are not met.A meeting of the Professionals' Association for Peace and Democracy (PAPAD) has decided to hold a symbolic protest programme at Naya Baneshwor against the recent government crackdown on human rights activists, journalists and legal practitioners.

Following today’s emergency meeting organised to discuss the current political developments, the PAPAD has decided to hit the streets from January 30 if their demands are not fulfilled.

“It is our compulsion to come out on the streets after the government’s detention of party leaders, human rights activists and civil society members,” president of Nepal Bar Association, Shambhu Thapa, said after the meeting."All professionals should participate in the protest to protect their professions." he said

“Our roles cannot be limited to our professions only,” he added. The PAPAD is made up of different associations of lawyers, journalists, doctors, engineers, and university and school teachers.

“Our job is to plead in courts, but that will not help restore democracy,” Thapa said. He also urged all the law professionals to take part in the rally to be organised by PAPAD on January 30. Otherwise the lawyers will face NBA’s disciplinary actions, he warned.

“We must oppose the unconstitutional move of the government to detain party and civil society leaders,” Thapa said. Dr Sudha Sharma, president of Nepal Medical Doctors’ Association, also urged professionals from all walks of life to attend the protest rally to put pressure on the government. “The government should call on the political parties and the Maoists to try to resolve the ongoing crisis. War is intolerable and should be stopped immediately,” she said.

President of the Federation of Nepalese Journalists, Bishnu Nisthuri, said that the rally would provide an opportunity for the people to identify themselves either with the people’s movement or with the autocracy. “If you want to see the people strengthened, come forward with clear views,” Nisthuri said.Rameshwor Uppadhya of Teachers Union, Saroj Devkota of Nepal Engineers' Association, also spoke during the programme which was participated in by representatives from other professional groups also.

Families of ‘disappeared’ persons seek justice

Kathmandu, Jan 23-The family members of over 100 persons who have been “disappeared” by the State gathered on sunday in the capital to raise their joint voice. Addressing an interaction organised by the “Society of Families of Citizens Disappeared by State”, coordinator Shanta Bhandari said that the voices of the family members of the disappeared people were unheard by the State.

The families want the government to search for the disappeared persons detained by the security personnel at different times. The victim families also discussed the issue with the members of the Federation of Nepalese Journalists at the latter’s office on sunday .

“We are tired of fighting the government staffers, both in the military and civilian establishments. We get no information of our dear ones, all detained under illegal grounds,” Bhandari said.Bhandari’s son, Bipin Bhandari, was detained in 2059 BS. She has over the years visited many human rights organisations and professional bodies but no one has helped her yet, she said.

Similarly, its been four years since Krishnadevi Prajapati has heard from her husband Satya Narayan Prajapati who was detained by the security forces without any reason.“I met my husband once at the Surya Binayak Battalion. Later, I was told that he had been moved to Kathmandu, but I have not had a chance to see him since,” she said. Same as, Laxmi Luitel, whose husband Devraj was detained by the security forces, has been seeking his release ever since Devraj was rearrested from the court premises on January 12, even after the court ordered his release.

The Society has made a list of 111 persons detained by the security forces from different districts.

Addressing the programme, FNJ president Bishnu Nishthuri said that the media would help the victims’ families locate their loved ones.

NBA will provide free legal service

Kathmandu Jan 22-Nepal Bar Association (NBA) said Saturday that security personnel barred its monitoring team from meeting the detainees, citing "orders from above".

"The NBA denounces the government's act of barring our team from meeting the detainees, which goes against the right to meet detainees as mentioned in the constitution, laws and different treaties and covenants to which Nepal is a party," states the statement.

"NBA will provide free legal service for those who was arrested illegal during Demonstration " said Madav Baskota , secretory of NBA. He also condemn the government for violating human right .

Main while,National Human Rights Commission (NHRC) Saturday said that detained leaders and civil society members are kept in poor conditions in custody.

The revelation comes after two separate NHRC teams monitored various detention centres on Friday. Speaking at a function Saturday, Sudip Pathak, member of the NHRC, said, "We found that the detainees are being kept in poor living conditions."

Pathak informed that the health condition of Pradip Nepal, standing committee member of the CPN- UML, is critical. Nepal is suffering from respiratory disease and has been denied medical assistance even two days after his condition deteriorated.

Pathak added that the detainees are provided with served low quality food and are kept in large numbers under shelters, where dew moisture enters during the night. The authorities have also denied them private newspapers.

"We found that many of them were handed blank charge sheets issued by the Chief District Officer," he said, adding, "Security personnel reportedly asked them to choose one among 11 charges mentioned on the sheet."

A statement issued by NHRC Saturday said the commission met, and monitored the living conditions of, 104 detainees at the Armed Police Force (APF) barracks at Duwakot, Bhaktapur and the Number 2 Police Post at Maharajgunj.

Some 50 leaders are being detained in a single hall at the APF barracks, while the rest are being kept at the police post.

More than 200 demonstrators arrested in Kathmandu

Kathmandu Jan 21-According to preliminary reports, Atleast 200 leaders and activists of the seven-party alliance were arrested from Basantapur and New Road areas of Kathmandu when the parties marched ahead defying prohibitory orders of the government.

Tens of thousands of opposition activists and professionals defied prohibitive orders in the capital, Kathmandu, Saturday a day after the day-long curfew imposed to thwart the peaceful mass meeting organised by the seven party opposition alliance.

Activists affiliated to the opposition alliance clashed with police as the latter tried to prevent them from organizing mass meeting and protest rally at Hanumandhoka, Basantapur area Saturday afternoon, a Nepalnews correspondent on the scene said.

The arrested leaders included Ram Sharan Mahat, Mahanta Thakur, Hari Bhakta Adhikari and Surendra Mishra among others.UML leaders Yubaraj Gyawali, Jana Morcha Nepal leaders Ghanshyam Poudel and Shahsi Shrestha, Nepali Congress (Democratic) leader Krishna Kishore Ghimire, former president of NC-affiliated Nepal Students Union Gururaj Ghimire, former vice chancellor of Tribhuvan University Navin Prakash Jung Shah, president of Nepal University Teachers Association Dr. Khagendra Bhattarai, among others.The agitating parties have been holding massive demonstrations in the prohibited areas including, Ason, New Road and Basantapur.

Police fired over 100 rounds of tear gas shells to disperse the demonstrators while some army men have been mobilized in the Basantapur areas. New Road and Basantapur areas are still tense. The parties were scheduled to hold a mass meeting at Basantapur this afternoon. The demonstration was originally scheduled for yesterday but the government enforced a daytime curfew to thwart the alliance’s massive demonstration yesterday.

The opposition parties said police used force and took into custody hundreds of their party leaders and workers.

The authorities have not said anything regarding the latest arrests.

Police Inspector Dinesh beat up journalist Diwakar Pant affiliated with Himal media, according to our correspondent.

Police threw dozens of tear gas canisters to disperse the crowd. They also exchanged brickbats with the demonstrators.

Hundreds of security personnel were deployed in and around Basantapur and police have erected barricades at New Road gate barring movement of vehicles in the busy business district.

Biratnagar, Surkhet Bandh; Normal life disturb

Biratnagar, Jan 21-Police intervened at a demonstration and arrested eight leaders of seven agitating parties in Biratnagar this morning.Among those arrested are zonal member of CPN-UML Rajendra Gautam, district members of CPN-UML Morang, Binod Dhakal, Ram Lal Shah, Mohan Udas, Kedar Basnet of Nepali Congress, Rajendra Rijal of NC-D, secretary of UML ward number 15 Bhanu Koirala and student leader Min Acharya.They have been kept at Armed Police Force Battalion situated at Tankisinwari.

The Biratnagar bandh called by Nepali Congress today has crippled normal life in Biratnagar.
Meanwhile, normal life in Surkhet came to abrupt halt due to the Surkhet bazaar bandh called by joint movement coordination committee Surkhet against the police intervention and arrests of around two dozens students from yesterdays' demonstrations. The shops in Surkhet bazaar remained closed. Few vehicles are plying on the road.

A report from Hetauda said Police intervened the protest programmes and arrested at least seventeen persons from different places in Hetauda, secretary of CPN-UML Makwanpur, Krishna Dahal said.

Mira Thapa of Jana Morcha Nepal and Basu Shrestha of NC were arrested from TCN Chowk while Ram Krishna Shrestha of CPN-UML, Raj Kumar Kayastha, Ram Krishna Deula, Iswor Prasad Dhakal, Shiva Lamichhane, Ganesh Rasaili and Achyut Aryal of Jana Morcha were arrested from Kamaldanda.

Journos misbehaved, threatened

Kathmandu Jan 21-Security forces confiscated the video footage of the residence of CPN (UML) general secretary Madhav Kumar Nepal in Koteswor on Friday taken by CNN-IBN and Star News crew. The TV crew said they were misbehaved by the security personnel stationed at Mr. Nepal’s residence despite showing their press accreditation and curfew passes.

The TV crew handed over the footage when security personnel began to call their seniors and threatened the journalists. Video cassettes with the footages deleted were returned after five hours, according to reports.

The government had banned the transmission of Aaj Tak and a number of other Indian news channels immediately after the royal takeover of February 1, 2005.

The authorities have not bothered to furnish any clarification regarding the incident as yet.
Private cable operators in Kathmandu have been asked to suspend transmission of two leading Indian news channels, Star News and Aaj Tak, from Friday, reports said.

The authorities have accused that these channels had transmitted materials “that were harmful to security and sovereignty of the country and were provocative in nature.”

Reports from Nepalgunj said that local administration is censoring Indian newspapers that carry news on Nepal 's latest political developments. News related to protest programmes and arrests of Nepali political activists published in The Hindustan Times and other newspapers were cut out before they were allowed to circulate in the area.

In yet another incident, Khuman Singh Tamang, a district reporter for Kantipur daily in Kavre district east of Kathmandu, escaped an attempt on his life by a policeman on Friday as he was trying to take photographs of detained students leaders at Banepa police post.

A police man nearly shot him with a SMG gun as Tamang was taking photographs, the Kantipur daily said

Lawyers condemn clamping of curfew

Kathamadu, Jan 21-The Bhaktapur District unit of the Nepal Bar Association on friday condemned imposition of curfew in Kathmandu valley in the daytime without any solid ground.
“This is nothing but to terrorise people,” said the Bar body, adding: it is an unconstitutional move of the government to arrest and detain the political leaders who had planned a peaceful mass meeting in the valley today without any strong ground.

Issuing a press release, the secretary of the Bar Unit, Devendra Shrestha, demanded the government to immediately free the detained political leaders, human rights activists and civil society members.

The Bar Unit also said that it was a naked violation of international human rights laws by arresting the leaders, civil society members and rights activists without any strong base.

“We demand restoration of right to peaceful assembly, freedom of speech and expression because these are the fundamental freedom of the people guaranteed by the Constitution,” the press release added.

More than 200 arrested for defying curfew

Kathmandu Jan 20-The government said police have taken into custody 214 people for defying the curfew orders imposed in the capital, Kathmandu, on Friday.

The Home Ministry said those arrested will be released after investigation.Home ministry Friday put the figure of people detained throughout day at 214.

Issuing a press release, the ministry said that they took them under custody under for defying curfew and prohibitory orders. Eighty eight people were arrested from Dharmashala at Gaushala.

The 88 people belong to seven-political parties, whom police arrested fearing demonstration by them. Police used force to detain them. Those detained have been kept in 12 ward police offices
As the ten-hour long curfew was lifted at 6:00 p. m. on Friday, people were seen rushing to their houses from offices and flocking to nearby grocery shops to buy essential household goods. Crowds had also gathered at major thoroughfares of the capital after the curfew was relaxed for three hours.Overnight curfew will again be imposed from 9:00 p. m. until 4:00 a. m. on Saturday.

Main while Three leading international rights groups Amnesty International (AI), Human Rights Watch (HRW), and the International Commission of Jurists (ICJ) have said they are alarmed by the arrest of more than 100 political leaders and civil society activists in Nepal on Thursday, and have expressed fears that violence and human rights abuses could spiral out of control by orders reportedly given by the district administrations granting security forces permission to shoot anybody violating curfew at night.

The international organizations called on the royal government to free all the detainees immediately, and to exercise restraint and abide by its international human rights obligations as the country approaches the 8 February deadline set by the government for holding controversial local elections. Nearly all of Nepal's political parties have opposed holding the elections on the grounds that local conditions do not permit free and fair elections, the statement said.

Demonstration on Saturday

Kathmandu, Jan 20 - The central coordination committee of the seven political parties’ people’s movement for democracy has decided to hold a grand demonstration at Basantapur at 2 pm on Saturday after their pre-scheduled protest at the same venue on Friday was foiled due to the imposition of day-long curfew in Kathmandu.

A press release issued by the Nepali Congress this evening called on people from various walks of life to participate in the demonstration. It also called on all leaders of the party from the central level to the local level in the wards, and leaders and activists of the sister organisations for compulsory participation in the demonstration.

main while Security personnel on Friday afternoon arrested at least 16 leaders and activists of the seven political parties from a motorcycle rally organised here against the municipal polls scheduled for February 8.

Arrested came out in Butwal, police said. Earlier, the rally passed through different parts of the city.Similarly, nine demonstrators were arrested Dang from a similar protest rally in Dang. Similar rally was held in Chitwan also.Demonstrations were also held in major market centres outside the valley including Pokhara and Nawalparasi.

In Rajbiraj activists of the seven student unions waved black flags to Minister for Local Development Tanka Dhakal who arrived here to participate in an interaction on municipal polls. The police arrested three activists including district member of Nepal Students' Forum (Anandidevi) Shambhu Yadav.Earlier, police arrested chairman of the Free Students’ Union of the Mahendra Bindeswori Multiple Campus Sameer Jha, FSU member Mithilesh Mishra, Dinesh Kumar Yadav of the Nepal Student’s Union, district vice-chairman of NSF (Anandidevi) Binod Mandal and Ghananda Yadav of NSU (Democratic) before the minister’s arrival.

Meanwhile, Nepali Congress has called a Biratnagar bandh on Saturday to protest the massive arrest of political leaders in Kathmandu.

Nationwide dozens arrested

Kathmandu Jan 20 -Police have arrested over 200 supporters of the seven-party alliance from Gaushala area on Friday afternoon.Party sources said police stormed into the Dharamashala (Inn) near Guashala and arrested the parties' supporters who had gathered there to participate in Friday's protest demonstration.

In the morning time , half a dozen leaders and activists affiliated to Nepal Sadbhavana party (Anandi devil) were arrested while staging protests at Sundhara shortly before the curfew was to start this morning. Those detained include general secretary of NSP (A) Agenda Mahanoy, joint general secretary Anil K. Jha, central committee member Manish Kumar Suman, Urmila Panday, Raj Narayan Shah, Bindeswor Yadav. Reports said they are being kept at Janasewa police post at Bishal Bazar.

Despite the imposition of day-long curfew in Kathmandu, activists of the All Nepal National Free Students' Union managed to defy the curfew in Patan by holding a brief rally in front of the Pulchowk Engineering Campus at around 9:30 AM this morning.

According to Thakur Gaire, general secretary of the ANNFSU, the students burnt tyres and chanted slogans against the regime for imposing the curfew. The students activists fled the scene before the security forces could reach there and make any arrest, Gaire added.

Many students were arrested from various parts of the valley. According to Gaire, 12 students were arrested from Koteshwor, four from Tribhuvan University and two from Mahankal. Students burnt tyres and chanted slogans and held torch rally at New Bazaar of Kirtipur.The seven party activists, who gathered at Kalanki, outside the ring road for demonstration were chased away by the security forces.

Latest reports say activists and students affiliated to seven-party opposition alliance have staged demonstrations in various parts of the country .There are reports of demonstrations in Pokhara, Butwal, Chitwan, Palpa, Surkhet and Baglung. Over a dozen activists were arrested in Butwal while at least ten students were arrested in Surkhet. Nine activists have been reported as arrested in Chitwan.

A human rights group monitoring Friday’s demonstrations said as much as 27 students were arrested in Surkhet. A number of students, including Tekendra Basnet, were injured in baton charging by police, the group said.

The authorities are yet to confirm these arrests.

In western terai district of Nawalparasi, at least four opposition party activists were arrested. They include Sanjay Yadav of Nepali Congress (Democratic), district president of Nepal Trade Union Congress Radheshyam Pathak and president of Nepal Sadbhavana Party (Anandi Devi) Street Yadav. A rights activist was also arrested by police, according to reports.The government has put top leaders of the agitating seven-party alliance under house arrest since early Friday morning after imposing a daylong curfew in Kathmandu and Lalitpur.

The senior leaders under house arrest include, Nepali Congress President Girija Prasad Koirala, CPN-UML General Secretary Madhav Kumar Nepal, UML leaders KP Sharma Oli, Bharat Mohan Adhikari and Nepal Workers and Peasants Party President Narayan Man Bijuckchhe.

All the leaders under house arrest have been handed three-month house arrest letters.

Some other influential leaders such as UML's Bam Dev Gautam and NC vice-president Sushil Koirala have gone underground following the government crackdown on opposition leaders.

There are reports of protest rallies and meetings organised in Kirtipur, Bhaktapur, Lalitpur and outside Ring Road of Kathmandu this afternoon.

Arrests were necessary : Home minister

Kathmandu Jan 20-In a bid to foil the mass demonstration to be staged by the agitating seven political parties in the capital on Friday , the government from Monday imposed a ban on public gatherings in Kathmandu and Lalitpur.

The District Administration Offices (DAO) , in statements imposed a ban on public gatherings in areas within the Ring Road with effect from Jan.17 until further notice.

Saying that the protest demonstration of the seven political parties to be held on Jan.20 could be infiltrated by the Maoist rebels, the government asked the parties to call off their protest programme and “help resolve the problem through dialogue and understanding.”

But one day before the mass demonstration government arrest Humanright activist and leaders , impose curfew for friday a whole day.

The arrests were necessary because of the threat of Maoist violence, Nepal's home minister said according to Radio Nepal.

"The government has been compelled to take the step to stop the possible danger as we have received information about Maoist infiltration in the seven-party alliance's demonstration scheduled for Friday," state-run media Radio Nepal quoted Home Minister Kamal Thapa as saying.

"We are ready to show flexibility on imposed restrictions any time and are ready to support making the parties' programmes successful if they genuinely pledge to stay away from terrorist activities and activities that incite people," Thapa said.

"Nepal police have arrested 69 activists, and the Armed Police Force have arrested 38," said a police officer on condition of anonymity, one day before the protest. "The situation is normal," he added on Thursday.

The detainees are being held at a police training camp and various district police offices around the capital, a police officer said.
No charges have been brought and the officer said he had "no clue" how long they would remain in detention.

Sameas Minister for Information and Communications Shrish Shumshere Rana confirmed the shutdown Mobile phone

"The government is heightening its preparation for agitation, as the Home Ministry has said that there is a high possibility of violence during the demonstration on Friday," the minister told Rana declined to say how long mobile coverage would remain cut off.

The government said it feared the protest would be infiltrated by Maoist rebels, who carried out a series of deadly attacks around the capital last weekend.

Maoist leader Prachanda said in a statement Wednesday the rebels would steer clear of the rally.

In response to the attacks in Kathmandu a curfew has been imposed. The curfew is in operation in Kathmandu & Lalitpur between 9 pm and 4am (local time).

Rauthat district : 9pm to 4 am at the district headquarters Gaur Municipality, Gaur-Chandranigahpur section of the highway, Garuda bazaar, Chandranigahpur bazaar and all areas within 500 meters of the Mahendra highway from Bagmati to Dhansar
Syangja: 8pm to 4:00 am in Putali bazaar, Waling municipality and areas around the Siddharth highway in the district
Saptari district: 9pm to 4am in the Rajbiraj city area, areas from Koshi barrage in the east to Balan river in the west and within 500 meters of the Mahendra highway.
Parsa: 9 pm to 4 am on the main roads of the district.
Jhapa: 9 pm to 4 am in three municipalities and main market areas
Morang: 9 pm to 4 am in Biratnagar and other urban areas in the district
Tanahu: 9 pm to 4 am at the district headquarters in Damauli and areas around the highway
Siraha: 9 pm till 4 am in Lahan and other areas of the district
Sunsari and Dhanusha: 9 pm to 4 am in parts of the districts, check with authorities for precise details
Banke district: 9pm to 4am in Nepalgunj, Kohalpur and other areas
Kaski: 9 pm to 4 am in Pokhara and Lekhnath Municipality
Dang: curfew in place, timings not available
Bardia: 9pm to 4 am
Kapilvastu & Rupandehi districts: 9pm to 4 am
Taplejung:7pm to 4am.

Anyone seen out at this time will be arrested, those who resist arrest are likley to be shot on sight.

A leading international human rights agency has said human rights situation in Nepal got worse in 2005 with the security forces and the Maoist insurgents engaging in murder, torture, abductions arbitrary detentions.

Lawyer plead Home Minister misuse his Power

Kathmandu, Janu 20:The Patan Appellate Court deferred hearings on the legitimacy case of the Rastriya Prajatantra Party (RPP) on Thursday as the petitioners and defendants fail to complete their pleading. The hearings will continues.

Pleading at the Patan Appellate Court in connection to a writ petition filed by Rastriya Prajatantra Party led by Pashupati SJB Rana, legal experts on Thursday claimed that Home Minister Kamal Thapa had violated election code of conduct.

"It is a violation of code of conduct by Home Minister Thapa because he cannot register a political party at the Election Commission after the expiry of the date to register a political party to participate in the upcoming election," President of Nepal Bar Association, Shambhu Thapa, said.

He also accused the Home Minister of hijacking the RPP by misusing state power even after the activation of the election code of conduct the EC."It was against the code of conduct to form a political party after the expiry of the date to register the party in the EC had expired," Thapa said adding, "The ministers have nakedly violated the rule of law."

The hearing on whether to issue a stay order as sought by the Rana-led RPP continued today. Advocates Agni Kharel and Bachu Singh Khadka also pleaded on behalf of the writ petitioners.
They claimed that the court should issue a stay order to the EC or the writ petitioners would face irreparable loss.

The founding faction of the RPP, including its leader Pashupati Shamsher Rana, had filed the writ petition at the Court on January 12, demanding for an interim order to bar unauthorised people to grant candidacy from the party in the municipal elections and to save its party emblem.

The Court, in response to the petition, had asked the Election Commission (EC), the sole defendant in the case, to attend the hearing on the case.
Justices Rana Bahadur Bam and Durga Prasad Uprety are looking into the case.

Dalit can use Sanskrit Hostel : SC

Kathmandu, Jan 20-The Supreme Court on thrusday scrapped a provision of the Teendhara Sanskrit Pathshala Hostel Regulation that bars Dalit and Janajatis form getting admission to the hostel. Earlier, only Brahmin boys used to get admission to the hostel.

A three-member full bench of justices Min Bahadur Rayamajhi, Sharada Prasad Pundit and Kalyan Shrestha said the Rule 14(8) (6) (b) of the Regulation was against the constitutional provisions that treat all citizens equally.

The bench also said that since the provision contradicts with Article 11 of the Constitution and Clause 12 of the Mahendra Sanskrit University Act 2043 BS, the provision scrapped with immediate effect.

The bench also directed to the Mahendra Sanskrit University to make its legal provisions friendly to every people and provide opportunity to Dalits and Janajatis to get admission to the hostel.

“Since the provision discriminately protects and promotes a certain caste of people, it cannot be continued,” the bench said. “Promulgate legal provision to providingequal opportunity to everyone without going against the Article 11 of the Constitution,” the bench directed. Challenging the legal provision, general secretary of the Dalit Non-Government Organisations’ Federation, Dil Bahadur Bishwokarma, and advocate Bimal Bishwakarma had jointly filed a writ petition.

Whole day curfew on friday

Kathmandu, Jan 19 – District administration authorities have imposed curfew orders in certain areas of valley from 8 am to 6 pm, with effect from Friday. According to a notice issued by Home Ministry on Thursday night, the day curfew will be effective within Ring Road of Kathmandu Metropolis and Lalitpur Sub-metropolis. The curfew will be enforced by armed police and the army, and they will have permission to shoot people breaking it. "In the event of an emergency, residents can call the police and get permission to go outside," statements said. The night curfew has already been imposed for the last three days and it will remain effective from 9:00 pm till 4:00 am today in Kathmandu, Lalitpur and some parts of Bhaktapur.

OHCHR and NHRC condem Government

Kathmandu Jan 19-The United Nations’ Office of High Commissioner for Human Rights (OHCHR) in Nepal has said suspicions of Maoist violence in the context of public demonstrations cannot be used as a justification for the arrest of the demonstrations’ organisers, many of whom have repeatedly spoken out against the use of violence.

In a statement issued Thursday evening, the OHCHR-Nepal office said the human rights concerns raised by the severe restriction on the right to freedom of assembly are compounded by the mass arrests under powers of preventive detention, in apparent violation of the right to freedom from arbitrary arrest.

While recognising the serious security situation affecting Kathmandu in the light of Maoist attacks in the Kathmandu Valley on 14 January, OHCHR-Nepal regrets that the complete ban on demonstrations represents an extreme limitation on the right to freedom of peaceful assembly, the statement said.

OHCHR-Nepal has also confirmed the arrests during the early morning of 19 January of over 100 persons under Public Security Act (PSA). Those arrested are political party leaders and activists, including students, and leaders of the civil society Citizens’ Movement for Peace and Democracy. Security forces personnel have also visited the homes of a number of prominent human rights defenders, the statement said.

The arrests follow the 16 January imposition of a ban on all assemblies, processions and sit-ins in most of Kathmandu and Lalitpur, ahead of a major demonstration called by the alliance of seven political parties for 20 January and other planned protest actions. Fifteen other persons have reportedly been served with three month detention orders under the PSA, following their arrest during activities in Kathmandu on 17 January which were regarded as violating the ban, the statement said.

The Public Security Act permits detention without trial, initially for up to 90 days, to prevent persons from committing actions that “undermine the sovereignty, integrity or public tranquility and order of the Kingdom.”

OHCHR representative met Home Minister Kamal Thapa on Thursday, the statement said. Sources said head of OHCHR mission in Nepal, Ian Martin, had called on Minister Thapa today. “During the meeting, Thapa stated that the ban was made necessary by information received by the authorities that the 20 January demonstration would be used by the CPN (Maoist) as an opportunity to incite or commit violence,” the statement said.

The Minister undertook that OHCHR-Nepal would be provided with the full list of those arrested and their places of detention, and would have access to them as guaranteed by the Agreement between the Government and the High Commissioner for Human Rights, as would their families. During the day, OHCHR-Nepal human rights officers visited 97 of those arrested, in three places of detention: Maharajgunj Police Training Academy, Maharajgunj Police Battalion Camp Number 2, and Guheswari Armed Police Force camp in Bhaktapur, according to the statement

Same as, The National Human Rights Commission (NHRC) has said the government authorities have detained at least 113 opposition political leaders and human rights activists in Kathmandu on Thursday ahead of a major protest program of the seven-party alliance on Friday.

According to a press statement issued by the NHRC this evening, its monitoring team has found that 113 persons including several senior opposition political leaders and five and human rights activists have been detained by the security forces.

Among the arrested leaders and cadres, 59 are from the CPN (UML), 30 from Nepali Congress, nine from People’s Front Nepal (PFN), eight from the Nepali Congress (Democratic) and four leaders of the Nepal Workers and Peasants Party leaders, the NHRC said.

A team led by NHRC member Sudeep Pathak met leaders of major political parties including NC president Girija Prasad Koirala and UML general secretary Madhav Nepal and inquired about the condition of detained leaders and cadres. The team also held separate discussions with Rastriya Prajatantra Party (RPP) chairman Pashupati Shumsher Rana and Rastriya Janashakti Party (RJP) Surya Bahadur Thapa over the human rights situation in the country.

The detained leaders and human rights activists have been kept at various police stations in the capital. Security officials had started rounding up the leaders from early morning.

Nepali Congress (NC) president Girija Prasad Koirala has been placed under house arrest at his Maharajgunj residence while CPN (UML) general secretary Madhav Kumar Nepal is under tight security surveillance, according to the NHRC.

The Home Ministry said altogether 100 persons were taken into security control today.

The United Nations’ Office of High Commissioner for Human Rights (OHCHR) in Nepal has said suspicions of Maoist violence in the context of public demonstrations cannot be used as a justification for the arrest of the demonstrations’ organisers, many of whom have repeatedly spoken out against the use of violence.

In a statement issued Thursday evening, the OHCHR-Nepal office said the human rights concerns raised by the severe restriction on the right to freedom of assembly are compounded by the mass arrests under powers of preventive detention, in apparent violation of the right to freedom from arbitrary arrest.

While recognising the serious security situation affecting Kathmandu in the light of Maoist attacks in the Kathmandu Valley on 14 January, OHCHR-Nepal regrets that the complete ban on demonstrations represents an extreme limitation on the right to freedom of peaceful assembly, the statement said.

OHCHR-Nepal has also confirmed the arrests during the early morning of 19 January of over 100 persons under Public Security Act (PSA). Those arrested are political party leaders and activists, including students, and leaders of the civil society Citizens’ Movement for Peace and Democracy. Security forces personnel have also visited the homes of a number of prominent human rights defenders, the statement said.

The arrests follow the 16 January imposition of a ban on all assemblies, processions and sit-ins in most of Kathmandu and Lalitpur, ahead of a major demonstration called by the alliance of seven political parties for 20 January and other planned protest actions. Fifteen other persons have reportedly been served with three month detention orders under the PSA, following their arrest during activities in Kathmandu on 17 January which were regarded as violating the ban, the statement said.

The Public Security Act permits detention without trial, initially for up to 90 days, to prevent persons from committing actions that “undermine the sovereignty, integrity or public tranquility and order of the Kingdom.”

OHCHR representative met Home Minister Kamal Thapa on Thursday, the statement said. Sources said head of OHCHR mission in Nepal, Ian Martin, had called on Minister Thapa today. “During the meeting, Thapa stated that the ban was made necessary by information received by the authorities that the 20 January demonstration would be used by the CPN (Maoist) as an opportunity to incite or commit violence,” the statement said.

The Minister undertook that OHCHR-Nepal would be provided with the full list of those arrested and their places of detention, and would have access to them as guaranteed by the Agreement between the Government and the High Commissioner for Human Rights, as would their families. During the day, OHCHR-Nepal human rights officers visited 97 of those arrested, in three places of detention: Maharajgunj Police Training Academy, Maharajgunj Police Battalion Camp Number 2, and Guheswari Armed Police Force camp in Bhaktapur, according to the statement

Rights situation in Nepal worsened markedly in 2005: HRW

Kathmandu Jan 19- A leading international human rights agency has said human rights situation in Nepal got worse in 2005 with the security forces and the Maoist insurgents engaging in murder, torture, abductions arbitrary detentions.

Human Rights Watch (HRW), a US-based rights group, said in its report publicised on Wednesday, “Extra-judicial killings, illegal detention and disappearances continue to be instigated by the Royal Nepalese Army (RNA), while the Maoists continue to engage in extortion, murder, forced displacement of civilians and abductions.”

“While these abuses existed before the [royal] coup, the ability of human rights defenders and the media to document abuses is now more difficult.”

"Approximately three thousand political, human rights, and student activists were detained for months after the coup. The crackdown forced many human rights defenders to leave the country and others to curtail their work. After months of internal bickering, the political parties in September 2005 organized a series of protests against the king’s usurpation of power. However, a renewed clampdown on the press towards the end of 2005 demoralized the political opposition and the otherwise vibrant and defiant media." HRW reports

It added, “Despite the king's promise to resolve the civil war, the conflict continued with the same brutal intensity until September 2005 when the Maoists declared a unilateral ceasefire." The government and the RNA have consistently restricted the work of the judiciary and the National Human Rights Commission despite cosmetic steps designed to give a contrary impression, according to the report.

"The king's refusal to cede any authority to political parties has polarised the parties and reduced any chance of dialogue."

The human rights group also said that civilians in Nepal continue to be caught in the middle of the violent conflict and “assisting or refusing to assist either side put villagers at risk of reprisals by the army or Maoists”.

“Some cases of army abuse had been prosecuted, but torture and ill-treatment is systematically practiced in Nepal by the police, armed police and the RNA,” it said.

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Human Rights activists and leaders arrested

Kathmandu Jan 19- Police on Thursday morning have taken into custody noted rights activist, Krishna Pahadi, one of the coordinators of Citizens’ Movement for Peace and Democracy (CMPD), Dr. Devendra Raj Panday and editor of pro-left monthly magazine, Shyam Shrestha Thursday morning.

According to latest reports, general secretary of Nepali Congress Ram Chandra Poudel, joint general secretary Dr. Ram Sharan Mahat, central committee members Sujata Koirala, Shekhar Koirala, Bal Dev Sharma Machgaiya and Dr. Shashank Koirala are among those arrested. NC leaders Omkar Shrestha and Chandra Maharjan were arrested from Lalitpur this morning.
Similarly, UML sources said party leaders Pradip Nepal, Keshav Badal, Bidya Devi Bhandari, Pradip Gyanwali, Bhim Rawal, Subhas Nembang, Krishna Gopal Shrestha, Yuvaraj Gyanwali, Madhav Poudel, Ishwor Pokhrel and Mahendra Pandey have been arrested. Pro-UML student leader, Ram Kumari Jhankri, is among those arrested.

Acting president of Nepali Congress (Democratic) Gopal Man Shrestha, general secretary Bimalendra Nidhi, party leaders Pradip Giri and Dr. Prakash Sharan Mahat have aslo been arrested, according to NC (D) sources.

Similarly a number of leaders of Janamorcha Nepal have been arrested between 5 and 7 am.According to party sources Pari Thapa, vice president, Krishna Lal Shrestha, Bhaktapur district chairman, Shree Govinda Maharjan, Lalitpur district chairman, Bipindra Shrestha, secretary of Lalitpur district committee, Ram Lal Maharjan, former member of District Development Committee Bhaktapur, Deep Ram Maharjan and Hari Maharjan, former chairman and vice chairman respectively of Thecho VDC, Lalitpur and Rajendra Kumar Rajkhola of Bhaktapur have been arrested.

Same as The government authorities on Wednesday handed three-month warrants for detention to 15 political leaders and cadres under the Public Offense Act, who were arrested on Tuesday on the charge of defying the government ban on demonstrations.

Those arrested are Nepali Congress leaders Narahari Acharya, Tirtha Ram Dangol, and political activists Shambhu Adhikari, Niranjan Sapkota, Badri Acharya, and NC-D member N P Saud.

Likewise, UML youth leaders Yogesh Bhattarai, Rup Narayan Shrestha, and Rameshwor Phuyal, and activists Gajendra Manandhar, Ramesh KC, Raghunath Timilsena and Punya Chaulagain and student leaders Prem Prasad Guragain and Devi Thapaliya were arrested in the capital yesterday.

The government suspended mobile telephone service from Thursday ahead of the mass meeting of the seven political parties.

Main while, Human Rights Organisation of Nepal (HURON), a leading rights group, has said that it has so far been able to confirm the arrest more than 80 people on Thursday. The group said it is compiling and updating information regarding the number of arrested opposition party activists and rights workers.

List of politicians and others arrested on Thursday

1
Ram Chandra Poudel
Nepali Congress (NC)
2
Pradeep Nepal
CPN-UML
3
Gopalman Shrestha
Nepali Congress NC (D)
4
Subhas Nemwang
CPN-UML
5
Shekhar Koirala
NC
6
Shashanka Koirala
NC
7
Sujata Koirala
NC
8
Ishwor Pokharel
CPN-UML
9
Yuva Raj Karki
CPN-UML
10
Trilochan Dhakal
CPN-UML
11
Mahendra Pandey
CPN-UML
12
Pari Thapa
United Front (UF)
13
Gagan Thapa
NSU
14
Mahesh Shrestha
NC
15
Krishna Lal Shrestha
CPN-UML
16
Raghuji Panta
CPN-UML
17
Keshav Badal
CPN-UML
18
Krishna Pahadi
HR Activist
19
Shyam Shrestha
HR Activist
20
Devendra Pandey
HR Activist
21
Mukunda Neupane
CPN-UML
22
Bhim Rawal
CPN-UML
23
Pradip Gyawali
CPN-UML
24
Gokarna Bista
CPN-UML
25
Krishna Gopal Shrestha
CPN-UML
26
Vidya Bhandari
CPN-UML
27
Lila Mani Pokharel
UF
28
Krishna Lal Maharjan
CPN-UML
29
Madhav Poudel
CPN-UML
30
Mitha Ram Sharma, Bajgain
CPN-UML
31
Ram Kumari Jhankri
ANNFSU
32
Radheshayam Jhonchhe
NC
33
Prem Suwal
NWPP
34
GovindaGautam
President-Saraswati Campus

35
Rajendra Khanal
CPN-UML -Nuwakot
36
Om Rajbahak
CPN-UML
37
Sudarshan Acharya
NC
38
Lekhnath Neupane
NC
39
Rajendra Kr. Rajthala
CPN-UML
40
Bimal Pun
President-Sano Thimi Campus
41
Rajendra Shrestha
CPN-UML
42
Yogendra Sangroula
Unknown
43
Bidur Mainali
CPN-UML
44
Bimlendra Niddhi
NC-D
45
Binod Shrestha
GS-GFONT
46
Omkar Shrestha
NC
47
Jagat Raj Shakya
NC
48
Chandra Maharjan
NC
49
Prem Krishna Maharjan
NC
50
Gokul Khadka
NC
51
Chakra Banstola
NC
52
Khum Bdr. Khadka
NC
53
Baldev Majhgaina
NC
54
Govind Maharjan
UF
55
Dipendra Shrestha
UF
56
Rom Lal Maharjan
UF
57
Dip Ram Maharjan
UF
58
Hari Maharjan
UF
59
Tulsi Maharjan
UF
60
Prakash Sharan Mahat
NC-D
61
Pradip Giri
NC-D
62
Bibindra Shrestha
UF
63
Astahlaxmi Shakya
CPN-UML
64
Laxman Ghimire
NC
65
Siddhi Lal Singh
CPN-UML
66
Mathura Pd. Shrestha
HR Activist
67
Kiran Neupane
NSU
68
Kundan Kafle
NSU
69
Yuva Raj Singh
NSU
70
Ganesh Bhatta
NSU
71
Tika Gurung
NSU
72
Bhim Sirish
73
Laxman Acharya
NSU
74
Navina Lama
CPN/UML
75
Vidya Sundar Shakya
CPN/UML
76
Om Thapaliya
CPN/UML
77
Uma Kanta Chaudhari
NC-D
78
Kaladhar Bhandari
CPN/UML
79
Dipak Shah
CPN/UML
80
Shyam Basnet
CPN/UML
81
Dwarika Basnet
CPN/UML
82
Suresh Karki
CPN/UML
83
Bijaya Rai
CPN/UML
84
Prakash Neupane
CPN/UML
85
Damodar Ghimire
CPN/UML
86
Surendra Basnet
CPN/UML
87
Raj Kumar Rai
CPN/UML
88
R.L. Timilsina
CPN/UML
89
Dipesh Gautam
CPN/UML

Source: HURON