Tuesday, February 28, 2006
Umesh Thapa’s family move to SC
Kathmandu, Feb 28-A writ petition was filed at the Supreme Court on monday seeking an order to the government to provide sufficient compensations to the family of the recently declared martyr, Umesh Chandra Thapa, and to locate the army personnel who killed him.
Thapa, a CPN-UML activist, who was killed on his way home after taking part in a rally against the municipal polls on February 8 by an army personnel, has been declared martyr by the seven-party alliance (SPA).
His son Jagdeep Thapa filed the petition with aid of an non-government organisation working in the field of human rights. “We have produced the petition before the Supreme Court but the officials said they would decide whether to accept the petition or not tomorrow,” said Jagdeep’s lawyer, Bhimarjun Acharya.
“We have sought an apex court order for the implementation of Clause 61 of the Army Act 2016 BS that clearly underlines the need of a trial in a civil court if army personnel commit murder or rape of any civilian,” Acharya added.
“Though there are several precedents set by the Supreme Court in this regard, but the provisions have not been implemented. Thus we have sought an SC order to the government,” he said.
The petitioner has also sought apex court orders to the government authorities to promulgate a specific law to compensate victims of State atrocities.
Monday, February 27, 2006
Over 100 orders of CIAA remain unimplemented
Kathmandu feb 27- The Commission for Investigation of Abuse of Authority (CIAA) has said that the concerned government authorities have not responded to over 100 orders given by the CIAA.
The Annapurna Post daily quoted spokesperson of the CIAA Ratna Kaji Bajracharya as saying that over 100 orders for departmental actions and recovery of the losses incurred by the state from offenders has not been implemented.
Most of unimplemented cases are related to recovery of property from the offenders. He said that most cases were related to with the ministry of land reform and management.
According to the 13th report of the CIAA released recently, 13 orders for departmental action and recovery of losses sent to the ministry of land reform and management have not been implemented.
The ministry of finance has nine such cases, ministry of industry, commerce and supplies eight, ministry of agriculture and cooperative and ministry of culture, tourism and civil aviation six cases each, ministry of education and sports eight cases, ministry of local administration seven cases and the ministry of physical planning and works has five cases waiting for implementation, the paper adds.
The record states that over 150 government employee names have been forwarded to be taken action against by the CIAA, but not implemented. Similarly, more than Rs 10 million has to be recovered from cases of financial irregularities pointed out by the commission.
Bajracharya said the concerned authorities have not informed the CIAA about the reason behind the delay in implementation of the orders.
Bajracharya said that the commission has been investigating the implementation of its orders, requesting the concerned departments to send details of the action at the earliest.
He said the government has rather been awarding the guilty employees than taking action against them. The commission, according to him, has already ordered the government not to award such employees.
SC ordered 25 detainees released
Kathmandu Feb 27 - At least 25 political detainees were released from police custody following the Supreme Court’s order on Monday.
"The court ordered the government to release the detainees terming that there were no legal grounds to keep them in detention," reported our correspondent Kiran Chapagain from the court premises.
Among the released include Nepali Congress central members Dr. Ram Baran Yadav, Sujata Koirala, Shekhar Koirala, Laxman Prasad Ghimire, Tirthram Dangol, Bal Krishna Dahal, Bhimsen Das Pradhan and Mahanta Thakur.
Also released were leaders of Communist Party of Nepal (United Marxist Leninist), People's Front Nepal and Nepal Majdoor Kisan Party.
Civil severnet will benifit amending Regulations
Kathmandu Feb 27-Seven months after the controversial amendment of the Civil Servants Act, 1992, the government is mulling over seventh amendment of the Civil Service Regulations, 1993, which proposes extra facilities to the civil servants.The government, for the first time, proposed to award dearness allowance equivalent to annual inflation to all civil servants ekantipur reports.
Over 86,000 civil servants and their families will benefit from the plan.
Besides, the government has also proposed "children care allowances" to women civil servants for three years, increase in paid maternity leave, and paid post-natal care leave for male civil servants. The civil servants for the first time will have a treatment fund and see their transfer being made more systematically.
According to the draft of the amendment, the proposed dearness allowance will be reviewed before the end of April every year as per the recommendation of a salary-allowance review committee.
The committee will recommend the allowance on the basis of the consumer price index published by Nepal Rastra Bank.
The salary, however, will be reviewed before the end of April every three years.
Once the amendment comes into force, women civil servants will get 100 days maternity leave instead of the existing 60 days. Male civil servants will also get 15-day post-natal care leave to look after their wives.
However as per the new rule, civil servants aspiring to pursue their studies on their own initiative will have to obtain prior permission from authorized officials.
The amendment also plans changes in the transfer process of the civil servants. As per the amendment, Ministry of General Administration will transfer civil servants only between July 16 and August 16 every year. Ministry level transfers will be done from August 1 to September 1 while transfers by government departments would be done during September 1 and October 1, the paper adds.
The new proposal will allow civil servants to open accounts in foreign banks even if they do not work or study abroad, but they are required to get approval from designated authorities.
As per the new provision, only one professional organization will be permitted in one service. Such an organization is required to be registered at District Administration Office.
NHRC says Missing people reported as encounter victims
Kathmandu Feb 27-According to NHRC record for the period of 2000 to 2006 mid-January, 830 individuals out of a total of 1,773 cases of disappearances are yet to be accounted for. However, 57 missing individuals have been killed, 527 have been released while 359 are still in detention under the Terrorist and Disruptive Activities Control and Punishment Ordinance (TADO).
There are over 250 abducted individuals who are yet to be released by the Maoists. “The problem is that those who have been released either from security detention or Maoist custody rarely inform the NHRC about their status. Thus it is difficult to accurately update the data,” said the NHRC source. The NHRC has now been gathering data and verifying the status of those missing and abduction cases by personally meeting the victims’ families and relatives in various parts of the country.
“NHRC officials have found that some of those who were earlier under the list of missing people have now been released. They have even met the released individuals themselves,” he said. The disappearance cases touched a record high in 2004 but drastically declined in 2005 particularly during the ceasefire. Since the Maoists’ abduction pattern “changes”, it is difficult to analyse the trend.
“The security forces have time and again told us that some of the missing individuals, the whereabouts of whom were never acknowledged by the forces, died in cross-firings,” an NHRC source told reports himalaya times . “How can individuals whom the RNA all along claimed not to have any knowledge about suddenly die in cross-firings?” he questioned.
The chief of RNA’s legal unit, Brigadier General BA Kumar Sharma, denied the allegations. The RNA has never claimed that those whom they previously denied to have any information about died in encounters. “But of course we admit if the concerned parties die in encounters,” he said. Sharma maintained that the RNA has always made efforts to respect human rights.
Mainwhile,Amnesty International (AI) has urged the government for the immediate and unconditional release of all those who were arrested for staging the protests again royal regime.
“ The government should immediately free hundreds of detained people including Krishna Pahadi, Dr Devendra Raj Pandey, Dr Mathura Prased Shrestha, Shyam Shrestha and Kundan Raj Kafle,” appeals AI.
Scores of leaders and activists belonging to political parties and civil society were arbitrarily detained throughout the country following a wave of arrests that began on 19 January
Krishna Pahadi, Devendra Raj Pandey and Mathura Prasad Shrestha are being held at the National Police Academy whereas Shyam Shrestha and Kundan Raj Kafle are being kept at the Armed Police Force Barracks No. 2 in Ranibari.
AI expressed serious concern over medical and other basic facilities being provided to detainees.
There are burning concerns that all five may not have access to clean drinking water and that they may be in dire need of medical attention, commented AI.
"All five men are prominent peace activists and human rights defenders have been arrested as a result of the peaceful exercise of their right to freedom of expression and assembly," said AI.
Sunday, February 26, 2006
Surya will be back home soon
According to Jagdish Chandra Upadhyaya, vice president of NRCS Baglung, Surya is returning home "soon".
"The Royal Nepalese Embassy in Pakistan confirmed to us by phone that Surya is out of jail," he said.
The NRCS sought his release, and the embassy has prepared the necessary travel documents for his return to Nepal.Pakistani lawyer Amir Khan had helped with the court case free of charge. Surya was traveling home from the UAE 16 years ago when the Pakistani authorities nabbed him at the airport and then confined him in prison all these years.
Members of Surya's family are all smiles after weeping all these years. News of his homecoming has filled everyone with great ecstasy. The family had suffered untold hardships to trace his whereabouts.
Surya's passport and other documents were stolen at the airport while he was out for lunch. After that he was unjustly arrested.
Saturday, February 25, 2006
Habeas corpus writ filed
Kathmandu feb 25- Advocate Motilal Shrestha filed a habeas corpus petition at the Supreme Court on Friday, seeking the release of Dadiram Paudel, who has been imprisoned at the Nakkhu jail on the charge of possessing a fake passport.
As per the law of the land, a jail term of one year, three months and 20 days is awarded to anyone found in possession of a fake passport, Shrestha said, adding, however, that his client had already spent one year, six months and 20 days in jail.
The case is still sub-judice at the Lalitpur District Court.
Kathmandu, February 25- The Nepal Bar Association on Friday said the Supreme Court had issued a verdict in the RCCC case favouring the rights of people. Hence, the King should be ready to resolve the political and constitutional crises in the country.
"The verdict is praiseworthy, everyone should respect it," NBA president Shambhu Thapa said on Friday . He was speaking at a press conference organised by the lawyers' body to announce its four-day convention beginning March 1 to mark the NBA's golden jubilee. He also said the NBA this time did not demand any support from the government to hold the convention where about 3,000 lawyers will participate.
"We always sought support from the government in the past. But, this time we did not as it is trampling on the rights of the people," he added.Thapa also said the NBA this time did not invite the Chief Justice Dilip Kumar Paudel or ad hoc judge Pawan Kumar Ojha to be the chief guest at the convention of the lawyers' body, thus breaking precedent. "We have, however, invited other judges," Thapa added.
"We will present our demand to the King, asking him to resolve the crisis in the country," NBA general secretary Madhav Banskota said. The NBA also intends to set up a welfare fund aimed at supporting lawyers.
Friday, February 24, 2006
Kathmandu, Feb 24-The Supreme Court today ordered the government to release Nepali Congress (NC) Spokesman Krishna Prasad Sitaula who was arrested from his residence in Kathmandu on Wednesday.
The order that he be freed was issued by two-judge division bench of Justice Parmanand Jha and Justice Arjun Prasad Singh.
Advocate Raju Katuwal had filed a habeas corpus writ on Wednesday afternoon. He is being freed under the auspices of registrar of the Supreme Court Dr Ram Krishna Timalsina.Sitaula was re-arrested by police from his residence on Wednesday morning just two days after his release after being arrested from the Tribhuvan International Airport on Feb 10 while trying to board a plane to the eastern town of Biratnagar.
Same as, The court also ordered the release of NC leaders of Kaski district, Binod Kayastha and Shukra Raj Sharma; NC leader of Dang district, Dipak Giri; NC president of Nuwakot district, Jagadish Narshingh KC and political activist Badri Aryal.
Show Cause on Price Hike
Kathmandu, Feb 24- The Supreme Court on Thursday issued show cause notices to the government and the Nepal Oil Corporation, seeking explanation on the recent hike in prices of petroleum products and the new arrangement that authorises the private sector to fix the prices.
A single bench of Justice Badri Kumar Basnet was responding to a public interest litigation against the price hike that was filed in the Supreme Court on Thursday. Lawyers Jyoti Baniya and Anuttam Uprety had filed the petition representing the Consumer Protection Forum on February 21.
The petitioners sought the apex court order to the authorities to immediately scrap their decision to authorise the private sector to fix the prices.
Secy of Dissolved RCCC Seeks Job in SC
Kathmandu, Feb 24-The secretary of the dissolved Royal Commission for Corruption Control (RCCC), Shambhu Bahadur Khadka, has sought help of the Chief Justice, Dilip Kumar Paudel, to get deployed at the Supreme Court, citing reasons that the apex court scrapped his office on February 13.
"Yesterday he filed a petition at the secretariat of the Chief Justice seeking his deployment at the SC," an official at the apex court said. He, however, informed that the CJ is yet to take any decision on the issue.
According to him, Khadka requested the CJ to deploy him temporarily in the apex court so that he can be permanently transferred to a district court.
Khadka was a judge at the Syangja District Court before the formation of the RCCC last year. "He had accepted the post of the secretary of the RCCC despite objection by the Judicial Council headed by the Chief Justice," said a council source. He said that it was unconstitutional for a judge to be deployed in an administrative post.
Prem Raj Karki, spokesperson of the RCCC, said still seven government officials have been working in the office of the RCCC to send back the documents received by concern offices while investigating corruption charges. About 100 people were working for the RCCC from various government offices.
Thursday, February 23, 2006
Present Sitaula before bench:SC
Kathmandu Feb 23-The Supreme Court on Thursday asked the government to present Nepali Congress (NC) spokesman Krishna Prasad Sitaula before a bench on Friday.
A single bench of Justice Badri Kumar Basnet issued the order, asking the authorities to present the NC leader before 12:00.
Advocate Raju Katuwal had filed a writ petition seeking immediate release of the Congress leader hours after his arrest from his residence in Kathmandu on Wednesday.
Sitaula who was arrested on February 10 in Tribhuvan Airport while boarding a flight to Jhapa was released after a Supreme Court order three days earlier.
Government launches new Labour policy
Kathmandu Feb 23-The government has implemented the new Labour and Employment Policy from Wednesday.
The policy highlighted the importance of generation of employment and self-employment opportunities through development of multi-skilled human resources, according to reports.
Among others, the policy has also incorporated strategies that could increase access of women, dalits, indigenous groups and displaced people to employment, eradicate child labor and make labor administration more efficient and effective.
Speaking at a programme organized to make public the policy, Minister of State for Labour and Transport Management Rabindra Khanal said that the Policy was prepared with the concept of flexible and dignified work, international labour standards and in synchrony with the wider objectives of economic and social development, and as per the changed context.
The policy stressed on the importance of maintaining a national website for timely dissemination of information on job opportunities.
The policy also emphasized the need for practical implementation of the concept of decent work through establishment of sound industrial relationship between employers and employees in both formal and informal sectors.
It has further stressed the importance of formulating and implementing necessary laws and by-laws to protect rights of workers employed in informal sector. It has promoted tripartite and bipartite social dialogue as a means to enhance industrial relations and settle disputes.
Furthermore, formulation of necessary legal provisions to promote the concept of collective bargaining has also been emphasized.
Minister Dhakal finally accepts SC summons
Kathmandu, Feb 23- Minister for Local Development Tanka Dhakal finally accepted a Supreme Court order, 54 days after it was issued. The court had ordered Dhakal to present himself before it in a contempt of court case within 15 days of receiving the notification.
Despite repeated efforts by court tamildars to serve the order, Dhakal kept on ignoring it on one pretext or another. Local newspapers had carried a story Wednesday on the then information minister refusing to accept the court summons despite repeated attempts.
Constituent Assembly only way : Legal experts
Kathmandu, Feb 23-Legal experts said that election of the constituent assembly on the basis of the prevailing constitution was the only way out for the country.
Laxman Aryal, former justice of the Supreme Court and a drafter of the Constitution, addressing an interaction at the New Media Club Nepal on Wednesday, said that election of the constituent assembly would solve the present political crisis.
"Sovereignty is an inherent right of the people. Nobody, under no circumstances, can take it away. Only people have the right to either introduce or oppose any constitution," he said.
Aryal added: "After the recent SC verdict, the King should resign immediately from his unconstitutional post of the cabinet chairman. This will provide a clear way forward."
Daman Nath Dhungana, another drafter of constitution and former speaker of House of Representative, however, said that the Supreme Court verdict regarding the rights of the King was not enough.
"The verdict allows the King to hand over power as and when he likes. This will only provide a chance of escape for the monarch. Only returning the people's rights is not enough. He should rather vow not to take any unconstitutional step again," he said.
"Nepal is lagging behind in development despite her two neighbours, India and China, going through rapid growths. The reason for this is the direct rule of a monarch with medieval mentality," Dhungana said, adding, the King either has to accept a constituent assembly or bid the country adieu.
Dhungana said though the King and army may now agree to remain within the bounds of the constitution, the civic society, the people of new generation, human rights activists and other professionals may not settle for that option now.He also warned the political parties not to negotiate with the palace again. "The crux of the problem is that the political parties are not confident of their target," he added.
SC ordered to Reinstate sacked city policemen
Kathmandu, Feb 23- The Supreme Court on wednesday ordered the Ministry of Local Development and the Lalitpur Sub-Metropolitan city to reinstate about two dozen city police personnel sacked by the government as per the directive of the CIAA two years ago.
A division bench of Justices Balram KC and Ramkumar Prasad Shah issued the verdict. The bench also directed the authorities to reinstate them, as their “termination was illegal.”
Those sacked include Ramesh Kumar Maharjan, Subarna Awale, Nabin Shrestha, Subarna Byanjankar, Hari Prasad Ghimire, Bharat Bahadur Nagarkoti, Yudda Man Pahari and Radha Krishna Thapa. Some of them were inspectors and others were assistant sub inspectors of Lalitpur city police.
The SC also ordered the authorities to reinstate Shree Bahadur Maharjan, Purusottam Upadhayay, Sadhu Ram Khatri, Madan Maharjan, Ratna Lal Kapali, Gokarna Prasad Paudel, Dipendra KC, Dan Bahaudr Thapa, Kadam Lal Maharjan, Krishna Kumar Shrestha and Dilip Thapa Chhetri.
Maintaining that their appointments had been in a “wrong manner”, the CIAA had ordered the authorities to sack them two years ago. Immediately after the decision to sack them, those sacked had jointly moved the Supreme Court claiming that the CIAA does not have the authority to order the government to sack anyone.
SC judge cannot join work, can’t quit either
Kathmandu, Feb 23- An ad hoc judge of the Supreme Court, Bipulendra Chakaravarti, resigned without formally taking charge of office but his resignation is yet to be accepted.
“There is a problem in accepting his resignation as he resigned before taking the oath of office, under the Constitution of 1990,” an official of the judicial council headed by Chief Justice Dilip Kumar Paudel the Himalaya times reports.
Chakarvarti resigned citing poor health only a month after he was appointed under Article 87(13) of the Constitution with the consent of the King. Chief Justice Paudel had appointed Pawan Kumar Ojha, Tahir Ali Ansari, Rajendra Prasad Koirala and senior advocate Bipulendra Chakravarti as ad hoc judges on December 28.
All the others except Chakravarti took the oath of office immediately after a few days of their appointment. “A month after he forwarded his resignation to the Chief Justice, it is yet to be accepted,” the official added.
Article 87(6) of the Constitution states that the Chief Justice or any other judge of the Supreme Court may, by submitting to the King his resignation in writing, quit office at any time.
It also stands to reason that if an appellate court or district court judge does not take the oath of office within a month of his appintment his post is automatically terminated. But there is no such clarity in Nepali law regarding the SC judges’ appointment lapses if they do not take oath of office.
Secretary of the Judicial Council Kashi Raj Dahal said that two judges of the Appellate Court, Thaneshwor Bhatta and Bijaya Gupta opted to resign only a few days after taking the oath of office. Bhatta resigned five days later while Gupta quit within a month after appointment.
Wednesday, February 22, 2006
Defying court order,NC Spokesman Arrested Again
Sitaula was arrested at around 8:00 am, the party said in a press release.
Sitaula was freed just the day before yesterday on a Supreme Court order following his arrest from the Tribhuvan International Airport on February 10 when he was about to leave for Biratnagar on a Cosmic Air flight.
Nepali Congress condemned the arrest and demanded his immediate release.
Among those released today include president of Nepal University Teachers’ Association (NUTA), Bhupati Dhakal, NUTA General Secretary Rameshwor Upadhyay, UML leaders Madhav Poudel, Krishna Lal Maharjan, Rameshwor Phuyal, Yogesh Bhattarai and Rup Narayan Shrestha.
The government also released Nepal Trade Union Congress leader Manju Bhattarai.
A joint bench comprising justices Paramananda Jha and Gauri Dhakal had ordered the government to release the detainees in the presence of the Kathmandu District Court.
The government had arrested the leaders from various locations one month ago.
Minister Dhakal yet to respond SC’s call
Kathmandu, Feb 22-Minister for Local Development Tanka Dhakal is yet to respond the Supreme Court's (SC) order to be present in person to face a contempt of court charge relating to Radio Sagarmatha 53 days after the SC issued an order in this regard.
The court had given him a 15-day deadline to comply, from the time he accepts the order.
On December 29, a single bench of Justice Damodar Prasad Sharma had ordered Minister Dhakal, then minister for Information and Communications, Secretary Kumar Poudel and under-secretary Ambar Raj Poudel to present themselves in court to explain why they ignored the SC’s order to lift ban on transmission of BBC news even after the SC’s order.
He is not accepting the order despite repeated attempts by our tamildars (process servers). At one time, Minister Dhakal turned our tamildar back saying that he would accept the order after the election (of February 8). Since the election, he has been evading the tamildars saying he is busy," said sources at the court.
However, two other officials, secretary Poudel and under-secretary Poudel presented themselves in court on Tuesday with written replies to the accusations against them.
They told the Supreme Court that they had no intention of disrespecting the court when they barred Radio Sagarmatha to air BBC news even after the SC’s order.
The two officials claimed they had not received the SC stay order against the government ban on airing news from FM radios, before they barred Radio Sagarmatha from airing BBC Nepali Service.
Tuesday, February 21, 2006
Nepal will not go to the court
Kathmandu, Feb 21- General secretary of the CPN-UML Madhav Kumar Nepal today seriously objected a habeas corpus writ petition that was about to be filed in the Supreme Court for his release.
Central committee member of the CPN-UML Shuvas Nembang intervened and pleaded the court not to register the case as Nepal was shocked to hear about the move to file the petition without his consent. Nembang had talked the issue to Nepal over the telephone.Nembang and other lawyers including the president of Nepal Bar Association Shambhu Thapa, General Secretary Madhav Banskota and advocates Agni Kharel, Tika Ram Bhattarai requested the apex court not to register the petition as Nepal himself does not want to file the petition.
Following Nepal’s objection, the SC refused to register the petition. Mukunda Ghimire was about to file the case seeking SC order for Nepal’s release.
Nepal is under house arrest since January 20. Just yesterday, the government had extended Nepal’s house arrest by two months.Immediately after the habeas corpus petition was produced before the apex court, UML leaders and cadres objected the petition on behalf of Nepal saying that he does not want the petition filed for his release.
Writ against fuel price
Kathmandu, Feb 21-A public interest litigation (PIL) was filed in the Supreme Court on monday challenging the government’s recent decision to authorise private sector in fixing price of petroleum products.Lawyers Jyoti Baniya and Anuttam Uprety filed the petition on behalf of the Consumer Protection Forum.
The petitioners sought the apex court order to the authorities to immediately scrap the decision to authorize private sector to fix the price of fuel. The Office of the Prime Minister and Cabinet, Ministry of Industry Commerce and Supply, Nepal Oil Corporation, its board of directors and Nepal Petroleum Dealers’ Association have been made defendants.
“They have authorised the dealers to do anything against people’s wishes and such things shall not be acceptable.
The lawyers argued that the authorities have no right to grant the power to the private sector to fix the price of petroleum products without consulting the consumers. “Such an action from the government should be declared null and void,” the petition demanded.
They also sought the apex court order to the authorities to make public the agreement signed between the Indian Oil Corporation and the Nepal Oil Corporation and to maintain transparency while taking decision on the issue.
Draft bill presented to government
Kathmandu, Feb 21-Nepal Law Reforms Commission submitted the draft of the Administrative Officials (Judicial Procedure) Bill it had prepared to the Ministry of Law, Justice and Parliamentary Affairs on monday .
Among the administrative officers who have the responsibility of making judicial decisions also are the regional and zonal administrators, the chief district officers, the district land revenue officers, revenue officials and the forest officers.
The draft bill has made adequate provisions for hearings, providing adequate opportunity for defence, representation of the law practitioners and principles of natural justice like decision with reasons.
The draft bill has also made provisions for other legal and judicial procedures, namely forwarding the case, providing information to the defendant.
Receiving the draft bill, Minister for Law, Justice and Parliamentary Affairs, Niranjan Thapa, said that the government would initiate from today the necessary works on a priority basis for bringing the bill to that effect.
The Minister also emphasised that the quasi-judicial government officers should work on a priority basis for strengthening the rule of law.Presenting the draft bill, vice-chairman of the commission Udaya Nepali Shrestha said the draft of the bill has been prepared so that there is uniformity in judicial decisions. Shrestha hoped the bill would help bring uniformity in judicial decisions and enhance the credibility of administrative officers.
Kathmandu, Feb 21-The Commission for the Investigation of Abuse of Authority (CIAA) on monday filed corruption cases against former government officials Chiranjivi Lal Bhandari and Basudev Paudel in the Special Court.
According to the newly appointed spokesperson of the CIAA, Ratna Kaji Bajracharya, the anti-graft body filed corruption charge-sheets accusing of registering public land in the name of individuals by taking bribe.
Monday, February 20, 2006
King has disrespect of the apex court : former justice
Kathmandu, February 19: Former Justice of the Supreme Court, Laxman Prasad Aryal, speaking at a programme on consequences created by the verdict organised by the Everest Press Club Nepal on sunday said that the monarch’s takeover was unconstitutional.
One of the drafters of the 1990 Constitution, accused the King and his government of disrespecting the February 13 verdict of the apex court disbanding the RCCC by not responding to it.
“This is a disrespect of the apex court,” Aryal said. “This is a question of morality since the SC scrapped the RCCC formed by the monarch,” he added. “I thought the King would respond in his message to the nation on the occasion of the Democracy Day , but he did not do anything to respect the apex court verdict and to correct his mistakes,” he added. According to him, the King should have dissolved the government immediately after the verdict was issued and initiated a fresh start in national politics.
“Though there would not be a contempt of court case against the monarch, the King and the government should respond morally,” Aryal added. “The King should be ready to quit from the post of the chairman of the Council of Ministers as the SC has said
“He has to take responsibility to correct his mistakes, as his move on February 1 last year automatically became meaningless following the verdict,” he added.
Aryal said the King has missed a great chance to correct his mistake and go to the people by immediately responding to the verdict. “Diehard supporters of the King should seriously consider stopping their provocation of the monarch,” he added.
“This verdict has proved that the 1990 Constitution is still alive and that people are the real sovereign power in the country,” he added.
Former Law Minister and advocate , Subhas Nembang, said the King and the government have been disrespecting the SC verdict against the wish of the people, political parties and the international community. “This has proved that there is no way except to fight against the autocratic move of the King,” he added.
“The King has been emphasising the supremacy of the autocracy; hence a decisive movement against autocracy is needed,” Nembang added. Advocate Santosh Kumar Mahato, who had filed the public interest litigation challenging the RCCC, said since the RCCC has been disbanded, the King and the government should respect the people’s power. “On the basis of this verdict, some of us (lawyers) have been discussing ways to challenge the appointment of the vice-chairmen in the Council of Ministers and the formation of the government at the SC,” he said.
Saturday, February 18, 2006
Nepal's Lawyers still Facing Threat From Both Sides Of Conflict
Kathmandu Feb 18-Since the outbreak of civil conflict in Nepal in 1996, more than 14,000 people have been killed
Lawyers defending the Maoists in court have, by association, been labelled terrorists or Maoist sympathisers and have been detained without proper regard for due process. The delegation was dismayed to uncover an increasing reluctance among lawyers to take on cases that could lead to them being considered pro-Maoist and prosecuted.
Equally, lawyers are being intimidated in Maoist-controlled areas where the rule of law has been disregarded and state courts have been dismantled and substituted with 'People's Courts' presided over by local Maoist militia Commanders, who dispense rough justice.
In recent reports more than 100 lawyers are pressured by the both parties .
One lawyers from pokhara was given theatern from government because he was involve to look after some cases related to Maoist. He was taken to the army barrack and put in custody there , "Army came to my house and started to threaten to me and search all documents and collect all related and unrelated documents and took these papers with them. They also threaten me that, do not tell anybody and do not make any contact to any Human Rights Organization. If you tell and Inform to them then we will do what ever we want. We may Kill you and finish your all family by Bombs. It is our top level order. Do not try to make any contact to Journalists and do not publish in Newspaper this news. They also threaten to my wife and shown very rough activities to my wife" said one advocate to legal news from nepal .
This is the fact that after royal takeover government is against NBA activities told one executive member to legal news from nepal . In recent time many lawyers were given threaten and both Both Sides Of Conflict had violated basic human right . many of our friends were detained without proper due process.
In 2002 The IBA's report sets out 22 recommendations, which it argues must be implemented to return the rule of law and respect for human rights to the country. The key recommendations are:
-The government of Nepal should seriously review and implement its obligations under the Torture Convention and the International Covenant on Civil and Political Rights.
-The district courts should be restored to the whole of Nepal and judges, lawyers, prosecutors and court officials should be able to conduct their professional duties without interference.
-The Maoists must stop murdering and intimidating lawyers and judges.
-Judges, lawyers, prosecutors and court officials should at all times carry out their responsibilities with independence, integrity and impartiality. All allegations of corruption should be investigated and those responsible brought to justice.
-The government should ensure that the police, the Royal Nepalese Army and the security forces undergo training to ensure that they are able to comply with the relevant requirements of Nepal's international human rights obligations.
-Effective procedures for habeas corpus should be implemented.
Friday, February 17, 2006
Ian Martin suggest Military Cases in Civilian Courts
Kathmandu, Feb 17- Ian Martin, the chief of the Office of the High Commissioner for Human Rights in Nepal,at a programme organised by the Nepal Bar Association here on Friday demanded that the military court cases be tried in "civilian courts."
Urging both the warring factions to conflict to respect international humanitarian law, he said Nepal's human rights situation is of great concern to the international community.
"We haven't received any details concerning the Royal Nepal Army's court martial and court of inquiry procedures. Such cases should be dealt by civilian courts instead of RNA courts," he said. There are serious blots on Nepal's human rights pattern, said Martin expressing concern over arbitrary detentions. "I recently met the Home Minister but I was not given any assurances when all the detainees would be released," he said
He said that the government does not have any policies to control vigilante groups that have been formed to defend Maoist atrocities. "We raised our concern about the vigilante groups to the government but we were told that it does not have any policies on the matter and that it has nothing do with them," said Martin.
Stating that the results of the upcoming UN convention in Geneva cannot be foretold, he said, "We don't know what action will be taken" concerning Nepal. The government can present its comments on the OHCHR's report to the UN Commission of human rights.
OHCHR-Nepal, according to him, is in contact with the Maoists and they have a "dual dialogue" with the Maoists as well as the government representatives. Although "great efforts" by both sides to respect human rights are evident, human rights violations including threats to journalists, curbing of right to assemble amongst others are a recurring trend.
SC Orders Release of 37 Leaders
Kathmandu, Feb 17- The government released 37 political detainees, including senior left wing leaders, on Friday after the Supreme Court (SC) ordered for their release. The leaders who were arrested from demonstrations on various dates were produced at the SC today following its order for the same.
The released leaders include the CPN-UML leaders Raghuji Panta, Pradeep Gyanwali and Gokarna Bista, Nepal Sadbhawana Party’s Bharat Bimal Yadav among others.
A divisional bench of justice Rajendra Prasad Koirala took the decision while responding to the habeas corpus plea filed for the release of the leaders. There were no logical grounds for the detention of the leaders, said the court ruling.
However,In separate cases filed for the release of Nepali Congress leaders, the apex court, only issued a show cause notice to the government. A bench of justice Gauri Dhakal issued the order while responding to the habeas corpus pleas filed for the release of some 50 Nepali Congress leaders.Law practitioners have expressed surprise at the SC decision, as the apex court had ordered the government to produce detained leaders at the court in other similar cases.
Meanwhile, a habeas corpus plea was filed at the SC today, demanding for the release of the UML leader Bharat Mohan Adhikary. The plea filed at the initiative of the Nepal Bar Association argued that Adhikary was illegally detained by the government.
Bar security personnel from peacekeeping operations: OHCHR
Kathmandu Feb 17- The United Nations Office of the High Commissioner for Human Rights (OHCHR) Making public report of the OHCHR that will be presented in the forthcoming 62nd session of the Commission on Human Rights in Kathmandu on Thursday, has asked the Nepal government to bar its security personnel who have been involved in rights violations from peacekeeping operations. Nepali rights groups as well as the Amnesty International had recently demanded that the UN prohibit recruiting Royal Nepalese Army (RNA) personnel in its peacekeeping operations in view of what they call gross human rights violations by RNA.
OHCHR in Nepal has called upon the Nepali authorities to hold accountable what it called perpetrators of human rights violations within the security forces and exclude them from participation in United Nations peacekeeping operations.RNA brass refute such allegations and say the army is committed to uphold human rights of the people. They say over 100 soldiers and officers have already been punished in connection with incidences related to human rights violations.
Participation in the UN peacekeeping missions has been a matter of great repute and a source of substantial revenue for the RNA.
Head of the OHCHR mission in Nepal Ian martin said (the UN) was concerned that aerial bombardments could not distinguish between military and civilian targets. He cited the example o a four year child killed in Makwanpur district during aerial bombardment by the security forces.
Martin further said OHCHR continues to be concerned about restrictions or attempted restrictions on fundamental rights including freedom of expression and freedom of association. He said the great majority of detainees who were arrested (between 20 January and 8 February this year) had been arbitrarily arrested for exercising their right to freedom of assembly or expressing their political opinion.
“Some have now been detained in unsatisfactory conditions for four weeks. In every case brought before the courts their detention is being found illegal, and the authorities should not be waiting fro court orders before releasing all those against whom there is no evidence of involvement in violence,” he added.
“It is a tragedy for the people of Nepal that full-scale conflict has now resumed,” said Martin. He quoted his boss, UN High Commissioner for Human Rights Louise Arbour as saying that those on either side of the conflict who commit violations must be held accountable. “This office would be closely monitoring the conduct of both parties,” he said.
The 62nd session of the Commission on Human Rights in Geneva is to be held from 13 March to 21 April this year.
CIAA will not carry RCCC investigation
Kathmandu, Feb 17- A commissioner of the Commission for the Investigation of Abuse of Authority (CIAA) said the CIAA would not recognise and use the investigation carried out by the Royal Commission for Corruption Control, that was disbanded by the Supreme Court on Monday, on corruption cases the Himalaya times reports.
“Since the apex court has scrapped the RCCC and declared all its actions null and void, we do not want to recognise the investigation on corruption cases carried out by the RCCC,” the commissioner told . He also added that the CIAA does not want to use the RCCC’s investigation even if the government forwarded the cases handled by the RCCC.
According to him, the government has not yet consulted the CIAA on cases handled and investigated by the RCCC. “We are the strongest constitutional body and we will decide what should be done on the RCCC’s cases if the government forwarded them to us,” he added.“The government should decide using its wisdom whether or not to forward investigations carried by the RCCC to CIAA,” he said adding “It would be better if they be dumped in a dustbin.”
“Even if the government forwarded the cases to ue, we will decide as per the law,” he added.
SC Orders Govt to Release Ten Leaders
Kathmandu Feb 16- Supreme Court (SC) today has ordered the government to release some ten political detainees including the senior leaders.
In its verdict, the apex court directed the concerned authority to release the arrested leaders immediately.
Meanwhile, Nepal Bar Association (NBA) today filed habeas corpus petition in Supreme Court (SC) seeking the immediate release of some fifty political leaders including Sujata Koirala, Meena Pandey and Shekhar Koirala, among others.
The detained leaders were arrested from various parts of city while staging anti-polls demonstrations.
Thursday, February 16, 2006
New law to study abroad
Kathmandu, Feb 16- The government has introduced a new legal provision that bars students from going abroad for higher education without getting permission from the Ministry of Education.
“No Nepali citizen can go abroad for higher education unless the Ministry of Education and Sports issues permission,” the Ordinance states. The government issued the Ordinance amending the Scholarship Act 1964, the Education Act 1970, the Technical Education and Vocational Training Centre Act 1988, the Sports Development Act 1991 and the Nepal Scout Act 1993 with some amendments in the areas. The Ordinance also gives chances for temporary teachers to be permanent.
“The Ministry will issue no objection letter if it sees grounds to provide it only after a thorough investigation,” states the amended provision of the Scholarship Act. The King put royal seal to the Ordinance on January 30 and it was made public on Monday.
“Without the ‘no objection letter’, the government will not provide exchange facilities of foreign currency for the persons who want to go abroad for higher education,” states the Clause 4(3) of the Act. The Ministry will recommend the authorities concerned to provide the facility only after anyone receives ‘no objection letter’.
However, the provision would not be applied for the civil servants and the Civil Service Act 1992 would govern the civil servants in this regard.Another provision in the Ordinance states that if a person does not return to the country or does not contact the Ministry upon the completion of his or her foreign degree with scholarship, he or she may face fine equal to the amount he spent during the study or the amount received as donation for the study.
Wednesday, February 15, 2006
CIAA Files Corruption Charge against Ministry Joint Secretary
Kathmandu Feb 15-The Commission for Investigation on Abuse of Authority (CIAA) filed a case at the Special Court on Wednesday against the joint secretary of the Ministry for Culture, Tourism and Civil Aviation on charge of amassing property beyond his stature.
The CIAA charged Nagendra Prasad Shrestha with illegally amassing over Rs 16.97 million while he held various government posts since 1975. The anti-graft body claimed that Shrestha has deposited Rs 5.5 million in various banks under his and his family member’s names by 1998. Shrestha is also charged with purchase of one thousand and 992 shares of the Bank of Kathmandu and possessing two buildings worth some Rs 6.5 million in Kathmandu along with a huge area of land in the capital through illegal means.
The CIAA, in its charge sheet, claimed that Shrestha only received four Katthas of land as his share of ancestral property. According to the CIAA, Shrestha is currently absconding.
Same as , The Commission for Investigation of Abuse of Authority (CIAA) has lodged a case at the Special Court, Kathmandu against Shatrudhan Shah Kalwar of Janakpur Municipality-12 and clerk Gaya Prasad Thakur of Land Revenue Office, Dhanusha yesterday charging that they were involved in releasing a loan from Rastriya Banijya Bank, Janakpur Branch by submitting a spurious land ownership certificate as the collateral.
Kathmandu, February 15- Prominent legal expertson tuesday called on the King to immediately dissolve the government under his chairmanship taking in view the yesterday’s landmark Supreme Court verdict that disbanded the Royal Commission for Corruption Control instituted by the king following the royal takeover last year.
“Now the King should link the verdict to his morality and dissolved the royal government as the Supreme Court has said the monarch has no authority to claim the state authority,” senior advocate Radheshyam Adhikary said. “If the King wants to realise that there should be no more constitutional impasse, he should work as per the verdict,” Adhikary, a sitting member of Upper House of Parliament claimed.
He also added that the King should realise that he has no special authority and no one is above the Constitution and he should respect the verdict. “If he agrees to work under the Constitution, it will pave the way out for the political impasse as well,” he added.
Adhikary also said the verdict clearly stated that the Singh Durbar should exercise power, not the royal palace. “If the King is not ready to dissolve the government and reach out to political parties, that will be a disrespect of the Supreme Court,” he added.
Former Prime Minister Deuba’s lawyer Shreehari Aryal said the King should take fresh initiative by dismissing the government as the verdict does not allow the King to be a constructive monarch.
President of the Nepal Bar Association, Shambhu Thapa, asked the King to immediately act to reinstate the dissolved House of Representatives. “Now there is an urgent need to reinstate the Lower House to exercise the people’s sovereignty as wished by the Supreme Court verdict,” he said.
Former minister and senior advocate Basudev Dhungana said the King and the royalists who have been provoking the King should rethink. “This verdict has reminded the people that they are not slave but are a sovereign power,” he added.
Former Attorney General, Sarvagya Ratna Tuladhar, and senior advocate Sindhu Nath Pyakurel said the verdict has reassured the people that they are sovereign and the King cannot exercise any power beyond the Constitution.
Kunja Bihari Prasad Singh, the lawyer of the controversial royal commission however, said the verdict has curtailed the power of the King without giving a chance to explain on why the monarch needed to take the step.
Kathmandu, Feb 15 - A habeas corpus has been filed at the Supreme Court on Tuesday seeking the immediate release of Nepali Congress (NC) spokesperson Krishna Prasad Sitaula and former Nepal Students Union president Bishwa Prakash Sharma.
Both Sitauala and Sharma were arrested at Tribhuwan International Airport in Kathmandu three days ago when they were about to leave for Biratnagar via Cosmic airway.
The writ was filed today by advocate Raju Katuwal in support of Nepal Bar Association.
The hearing on the writ has been slated for Wednesday.
Mainwhile The Kathmandu District Court on Tuesday freed 10 students affiliated to the ANNFSU, including Ananda Shrestha, Nabin Gautam and Sunita Rokka, and NSU activists Parasmani Ghimire, Kedar Karki and Lalit Shrestha. They were held for staging a rally outside Saraswati Campus on March 3.
Show cause notice on cellphones
Kathmandu, February 15- The Patan Appellate Court on tuesday issued show cause notices to government authorities, including the NT, demanding reasons as to why the pre-paid mobile service had been shut down. The court issued the order while responding to a PIL filed by a group of lawyers seeking court order to government authorities to resume the service. The bench also fixed a 15-day time frame for the defendants to respond.
Tuesday, February 14, 2006
More reaction on RCCC decision
Kathmandu Feb 14-Welcoming the SC decision, both Deuba and Singh said that they would be active in the days ahead to make the seven-party alliance’s movement against the King’s move a success.
“The verdict (SC’s) has shown that truth will win in the end, no matter how late it comes,” said Singh.
Commenting on the verdict, President of Nepal Bar Association Shambhu Thapa and its former president Harihar Dahal said it upheld the rule of law in the country.
President of the Nepal Bar Association, the umbrella organization of professional lawyers, Sambhu Thapa said the SC decision shows that nobody is outside the constitution.
“The verdict has opened the doors for the rule of law which has come under constant attack time and again,” Thapa added.
Earlier, after the verdict, police barred Deuba’s lawyer Shree Hari Aryal from meeting the former PM. “This is a sheer violation of the SC order and Deuba’s right to consult his counsel,” Aryal had said.
The disbanded RCCC chairman, Bhakta Bahadur Koirala, said the verdict is acceptable to them. However, Attorney General, Laxmi Bahadur Nirala, said he has not yet received the text of the judgment. “We will decide what should be done next only after receiving the text,” he said.“This (verdict) is laudable,” the detained Deuba was earlier today quoted as saying by NC(D) leaders. Deuba also termed the dissolution as “beyond his expectation.”Leaders of the seven-party alliance welcomed the Supreme Court's order for the dissolution of the controversial Royal Commission on Corruption Control (RCCC), saying the verdict has reinforced the judiciary's independence.
"The apex court has established that the Court can question any autocratic actions taken by the king that goes against the letter and spirit of the constitution," Nepali Congress Central Working Committee member Arjun Narsingh KC said.
KC also said the Court decision has broken the backbone of the present regime, which was using the RCCC as a tool to demoralize democratic leaders and crack down on the democratic movement. "The court decision has spread the message among the people that supremacy of constitution and rule of law still exists in Nepal if the court takes the initiative."
Meanwhile, CPN-UML general secretary Madhav Kumar Nepal said the SC decision proves that “the government’s every action is unconstitutional.”
RPP Chairman Pashupati Shumsher Rana said, "The court has maintained its independence and we respect and honor the decision."
Lilamani Pokhrel of People's Front Nepal said the verdict has proved that whatever the king was doing was unconstitutional and against public interest. "The court has worked towards safeguarding people's rights but several political issues are yet to be addressed,' he added.
Article 127 cannot be invoked says the verdict
Kathmandu Feb 14-While delivering the verdict, the bench has also addressed three other major constitutional issues source of state power, use of Article 127 of the constitution, and whether the king's actions can be questioned in a court of law.
The Nepali people are the source of state power as per the Constitution of the Kingdom of Nepal, 1990. The verdict said it is irrelevant to argue about the provisions of earlier constitutions on the use of state power after the promulgation of the 1990 constitution. The lawyers defending the constitutionality of the RCCC had pleaded before the court that state power rested in the king as per the constitution of 1962.
"The violation of the constitution regarding the source of state power creates constitutional problems and it is in the interest of the state to avoid such a situation," the court said.
Replying to a major argument raised by lawyers in defense of the RCCC, the court said that even the king's actions can be challenged in a court of law if those actions are taken on his own discretion and raise serious constitutional questions. The court, however, said that any actions taken by the king as per the advice of and in consultations with the cabinet cannot be questioned in court.
Referring to a 1994 precedent, the court said that the king can use the Article only if any difficulty arises in connection with the implementation of the constitution. "It is not wise to use the Article on a false premise of such difficulties in connection with the implementation of the constitution." The verdict also said Article 127 cannot be invoked to curtail citizen's rights guaranteed by the constitution.
The RCCC, since its inception, was marred by controversy as its constitutionality was questioned at the national and international levels. As it targeted some opposition leaders, including former prime minister Sher Bahadur Deuba, former minister Prakash Man Singh and bureaucrats, it was seen as a means to settle scores. Deuba and Singh were jailed as per a "verdict" of the RCCC.
In the beginning, the Supreme Court administration had rejected the petition filed by advocate Mahato. But Justice Rayamajhi ordered the administration to accept it, saying it raised "serious constitutional questions".
Even after the order, some judges were reluctant to take up the case and the initial hearing was deferred as many as 19 times. It was again Justice Rayamajhi who dared to issue a show cause notice to the RCCC and the government over the case.
Kathmandu, February 14- The Human Rights Organisation of Nepal (HURON) on Monday filed a writ petition at the Supreme Court seeking release of eight human rights activists including its chairman Charan Prasai.
The court’s hearing on habeas corpus petition is to be held on Tuesday, said a HURON statement. Nepal Bar Association president Shambhu Thapa, NBA vice-president Sher Bahadur KC and other lawyers will plead the case on behalf or the HURON.
Other human rights defenders include Dr Gopal Krishna Sivakoti Chintan, Mukunda Rizal, Narayan Kandel, Bijul Kumar Bishwakarma, Suresh Kumar Bhatta, Basu Devkota and Til Bikram Samjung.
Monday, February 13, 2006
SC Orders Govt to Release 78 Students
Kathmandu Feb 13- The Supreme Court (SC) ordered the government to release all the seventy eight student leaders arrested from anti-poll demonstrations. The SC, responding to the habeas corpus plea filed at the initiatives of the Nepal Bar Association, ruled that the detention of the students was illegal.
Two separate benches of justices Damodar Prasad Sharma and Rajendra Prasad Koirala, and Sharada Prasad Shrestha and Arjun Prasad Singh took the decision to this effect. Justices Sharma and Koirala directed the concerned authority to set free a group of activists including the student leader Khim Lal Bhattarai whereas the joint bench of Shrestha and Singh passed the final verdict on the case of leaders like Yagya Raj Pant and Ram Kumari Jhankri, among others.
RCCC officials holding meeting
Kathmandu Feb 13- The RCCC chief Bhakta Bahadur Koirala after holding an emergency meeting for nearly one and a half hour said, "We will respect the verdict given by Supreme Court today. I will not have to come to this office from tomorrow. However, I will have not regrets about the works I executed as the RCCC chairman, since those were all related to eradication of corruption."
On being asked as to what he would do with the official documents prepared when the RCCC was functional, he said that those documents would be handed over to a concerned government body after the government's Attorney General and court will decide on it.
The RCCC spokesperson Prem Raj Karki when asked what he would do next after the court's verdict said, "It's not necessary to go to the supreme court to prove its legality."
He also informed that the officials of the RCCC including the security men will be sent back to their respective departments from where they were earlier sent for.
"We knew since yesterday that the Royal Commission would be declared null and void today. That's why have already packed up all the official documents by this morning," said one official.
Supreme Court Says no to RCCC
Kathmandu Feb 13-Announcing a landmark verdict, the Supreme Court (SC) on Monday ordered to scrap the controversial Royal Commission for Corruption Control (RCCC).
A five-member special bench of SC decided to dissolve the RCCC formed after last year’s February 1 royal move.
The SC bench also ordered to invalidate all the actions and decisions taken by the anti-corruption body.The SC says that the orders forming and continuing the Commission were against the essence and spirit of the 1990 Constitution.
The much awaited verdict was deferred last on January 5, citing that the justices had not finished reading the written pleadings submitted by lawyers.
The apex court observed that the commission was formed against the spirit of the 1990 Constitution. “The King has no authority to form such a commission under Article 127,” said a unanimous decision of a five-member special bench.
The bench comprising Justices Kedar Prasad Giri, Min Bahadur Rayamajhi, Ram Nagina Singh, Anup Raj Sharma and Ram Prasad Shrestha was examining the constitutionality of the anti-graft royal body formed last year after the King took over power.
“The order for the formation of such a commission cannot be taken as a constitutional step as per Articles 83 (3), 84, 85, 88 (3), 89, 105 (7) and 127,” the bench observed.
The bench said all the activities, including case against former prime minister Sher Bahadur Deuba, carried out the RCCC would be annulled with the dissolution of the royal commission.
The RCCC has already fined and slapped jail sentence to dozens of government officials and political leaders including former Prime Minister and Nepali Congress (Democratic) president Sher Bahadur Deuba and the then physical planning minister Prakash Man Singh on charges of corruption.
King Gyanendra, on Feb. 17 last year, had constituted a six-member RCCC “for effective implementation of works relating to control corruption in the country” under the Emergency provisions of the Constitution. Though the Emergency was lifted in April last year, the King gave continuity to the Commission through a royal decree under Article 127 of the Constitution.
Advocate Santosh Kumar Mahato had on 10th August 2005 filed a writ petition at the SC challenging the constitutionality of the commission. The court had heard arguments from the litigants and the government attorneys in different phases.
Meanwhile, law experts have maintained that the SC verdict has upheld the spirit of the constitution and that it has nixed the constitutionality of the February 1 royal move as such.
“The Supreme Court has given its verdict in favour of the constitution. Now the royal move itself has lost all constitutional excuses,” Nepal Bar Association (NBA) member Tika Ram Bhattrai told
According to him, all those who faced actions from the RCCC are entitled to compensation. “The government should return the bail amounts and pay compensation to those who have been victims of an unconstitutional body,” said he.
Similarly, commenting on the SC verdict, advocate Satish Krishna Kharel said, “Today’s verdict has proved that the Supreme Court is a responsible interpreter of the constitution. The verdict is in favour of the constitution and the rule of law.”
Meanwhile, hearing on a habeas corpus writ petition filed by jailed PM Deuba is to taka place at the SC on Tuesday. Deuba’s attorneys said the court is expected to release him after a formal hearing on the basis of today’s verdict.
Sunday, February 12, 2006
SC Orders Govt to Produce Arrested Leaders
Kathmandu, Feb 12-The Supreme Court today issued an order to the government authorities to produce about two dozen political leaders before it in order to test the legality of the their detention.
Responding to a habeas corpus petition, a single bench of justice Top Bahadur Magar issued the order to the Ministry of Home Affairs, the Police Headquarters and the Kathmandu District Administration Office, the City Police Anamnagar to produce 13 political detainees including former lawmaker Sushila Nepal on February 15.
The bench ordered the authorities to produce leaders Shiv Kumari Khanal, Tirtha Gautam, Sudha Tirpathi, Shobha Sapkota, Radha Humagain, Ratna Shobha Maharjan, Pavitra Paudel, Sabitra Bhusal, Kabita Paudel, Tham Maya Thapa, Shanti Shrestha and Ratna Gurung before the court on February 15.
Similarly, the bench also ordered to produce a group of 3 political activists including, Bhim Bahadur Thapa, another four-member group of Dipak Bista and Ghanashyam Pandey on February 16 and former Deputy Mayor of Kathmandu Metropolitan City, Bidur Mainali, on February 17.
Similarly, a separate habeas corpus petition was filed at the apex court seeking its order to release former Minister for Law Justice and Parliamentary Affairs, Subhash Chandra Nembang, and youth leaders Yogesh Bhattarai and Rup Narayan Shrestha.
The political leaders were arrested two weeks ago while demonstrating against the civil polls.
Justice resigns before swearing in: Report
Kathmandu Feb 12-Senior advocate Bipulendra Prasad Chakrabarty, who was appointed to the post of temporary Justice of the Supreme Court a month ago, has resigned from the post even before being sworn in, a newspaper report said on Sunday quoting a reliable judicial source.
Chakrabarty submitted his resignation through Chief Justice Dilip Kumar Poudel, citing reservations over the appointment process, Kantipur Daily reported.
"We have received his resignation. The judicial council has forwarded it for approval," the paper quoted a source close to Poudel as saying.
Chakrabarty was dissatisfied that former attorney general Pawan Kumar Ojha's name preceded his own for the appointment. Ojha is lower in seniority to Chakrabarty.
On December 28, 2005, the Supreme Court recommended the names of Ojha, then appellate court justices Tahir Ali Ansari and Rajendra Prasad Koirala, and Chakrabarty, in that order, for the posts of temporary Supreme Court justices.
Ansari, Koirala and Chakrabarty had already been recommended before Ojha's name was recommended. Later, Ojha was recommended as fourth in the seniority list. However, the final appointment list placed Ojha as senior most among those appointed. Ansari and Koirala have also expressed dissatisfaction over Ojha's appointment.
In his resignation letter, however, Chakrabarty has not said anything about his dissatisfaction. He has mentioned that he cannot take up the post because of health reasons.
Saturday, February 11, 2006
SC asked report from govt on state of retired Kumaris
Kathmandu, Feb11-The Supreme Court on friday ordered the Ministry of Culture, Truism and Civil Aviation to submit a report in three months on the condition of minor girls living as retired Kumaris.
A division bench of Justices Min Bahadur Rayamajhi and Rajendra Kumar Bhandari said the report should be based on facts of facilities retired Kumaris are getting.
The order came in response to to a public interest litigation writ filed on May 6 last year by advocate Pundevi Maharjan who sought the court to protect the rights of the Kumaris.
The advocate claimed the authorities were violating fundamental rights of the Kumaris and that they were not providing adequate facilities to them. The Cabinet Secretariat, Ministries of Women, Children and Social Welfare, Education, and Law, Justice and Parliamentary Affairs and National Women Commission are the respondents.
The petitioner claimed that anointing minor girls as Kumaris was a sheer violation of the rights of these girls. The petitioner claimed the Kumaris were not getting sufficient food, proper education, health service, family environment or rehabilitation.
Make law for welfare of displaced people :SC
Kathmandu, Feb 11- The Supreme Court on friday issued an order to the government to promulgate law in order to provide relief to the victim of ongoing conflict in the country.
A division bench of Justices Min Bahadur Rayamajhi and Rajendra Kumar Bhandari issued the order following a hearing today. “Promulgate necessary law to define conflict victims and categorise their status in order to provide relief to them,” the bench ordered.
During the hearing, advocates Raju Prasad Chapagain and Tek Tamrakar sought the court order to the government in this regard. They argued that the ongoing conflict has become a major problem in the country and that should be settled through legal and political means.
The bench was responding to a Public Interest Litigation (PIL) filed by a displaced journalist and a teacher from Doti and Ramechhap districts, Bhim Prakash Oli and Keshav Lama.
According to advocate Chapagain, the two displaced professionals had moved the apex court last year, seeking the court order to the government to provide them with relief. Due to the conflict, we have lost our right to life and equality, though the Constitution has guaranteed these rights.
“They moved the apex court as they could not get relief from the government,” said Chapagain, adding: “They had appealed to the Prime Minister’s Office and the Cabinet, Home Ministry and the concerned District Administration Offices to provide them with relief, but to no avail,” Chapagain added.
“They had demanded the government either to provide opportunities for jobs abroad or provide them with any other means of sustenance,” Chapagain added. “Though the Supreme Court today issued the order to the government to promulgate the relevant law, I don’t know where my clients are,” he said. “They had stopped attending the court because they could not afford to live in Kathmandu,” Chapagain added.
Friday, February 10, 2006
Students to file case at ICC on shooting order
Kathmandu , Feb 10 - Student unions associated with seven-party alliance, taking out protest rallies at various campuses on Thursday, decided to file a case at the International Criminal Court (ICC) through UN Office, Kathmandu, for giving blanket order to security forces to shoot at peaceful demonstrators.
The students demanded that the government hand over the body of Thapa to the family members. They have also demanded compensation for the bereaved family.
Main while , Amnesty International (AI) on Wednesday expressed concern for the life of student Yagya Raj Pant, reportedly beaten up severely by police after his arrested on January 26.
Issuing a statement from London Wednesday, the global human rights watchdog cited an NGO - the Forum for Protection of People's Rights-Nepal (PPR-Nepal) - which said Pant has not received adequate medical treatment for his injuries. AI has written to the government and the diplomatic community about the student's condition.
On February 6, the Kathmandu District Court ordered a medical examination for Pant. Though he was taken to hospital, he was not treated because he could not afford the medical costs. "Section 5(3) of Nepal's Torture Compensation Act of 1996 requires that the government provide medical treatment to victims of torture," AI pointed out.
Pant is now being held at the compound of the Armed Police Force Battalion No. 1, in the Naxal area under the draconian Public Security Act (PSA), which authorizes preventative detention for up to 90 days without trial. The SP at the District Police Office, Jawalakhel has refused to register the case or investigate further, the human rights body said.
Kathmandu Feb 10-The full meeting of the Supreme Court condoled the demise of former judge at the Supreme Court Jogendra Prasad Shribastav and extended heartfelt sympathies to the members of the bereaved family.
Shribastav passed away at the age of 94, at his house at Mitrapark, Wednesday evening.
He had started his career in judicial service in 2015 BS and worked for a long time in the same field. Recently, he was spending his retired life and was sick for some time.
After his retirement, he had undertaken his responsibility as the chairman of the Constituency Fixation Commission in the first and second elections after the restoration of democracy.
He was honoured with the Gorkha Dakshin Bahu Second, Trishakti Patta, Shuva Rajyabhishek Padak and other medals.The late Shribastav has a wife, two sons and two daughters.
His funeral rites were performed at Pashupati Aryaghat, today.
Search warrants against the Royal Casino
Kathmandu, Feb 10 -The Supreme Court on thrusday issued search warrants against the Royal Casino on the suspicion that a gambler, Suresh Tripathi, who won lakhs on December 30, has been in the casino’s custody since then.
After a division bench of the SC, Justices Sharada Prasad Pundit and Badri Kumar Basnet, issued the search warrant, under secretary Bishnu Prasad Koirala and section officer Beda Prasad Timalsina searched the casino premises with the help of cops, but could not find Tripathi. Following the search, Timalsina said, “We will produce the report before the bench citing the versions of the casino on the issue.” According to him the security officials at the casino claimed that they have no knowledge on the issue and had not held anyone hostage.
This is the first time the SC has issued a search warrant against a casino. Advocate Bhupendra Pokhrel, who has filed a habeas corpus petition seeking a search warrant against the casino, claimed he had reliable information that Tripathi was held hostage after he won Rs 8 lakh playing baccarat on December 30.
“We won Rs 8 lakh at the Royal Casino and went to Everest Casino,” Tripathi’s friend Ramesh Kharel claimed. He said, Tripathi, Yuba Raj Gurung and he gambled at the Everest Casino and won Rs 8 lakh again. “After that the Everest Casino staff took us to the backroom, from where we were sent to Royal Casino. The two of us were freed after two days, but not Tripathi. He has been missing since then. We think he might be in casino’s custody”, Kharel added.
Not to fear with CIAA : Surya Nath
Kathmandu, Feb10- In Speaking at a programme organised on thrusday by the anti-corruption watchdog to mark its anniversary, Chief commissioner of the Commission for the Investigation of Abuse of Authority (CIAA), Surya Nath Upadhayay, has called on government secretaries to work honestly and not fear the CIAA. Upadhayay called on them to “show courage and launch development works honestly.”
The CIAA will not intervene in administrative works if there is no misuse of power and corruption, Upadhayay said. “I have told the government secretaries several times to work courageoulsy and honestly and not fear the CIAA.”The government should launch development works on its own as seeking donors’ help for the execution of every development work would be inappropriate, Upadhayay said.
Everyone should make efforts for building a corruption-free society and a disciplined administration, Upadhayay said, adding: “Every official should be accountable to the people.”
The judiciary can play a vital role in fighting against corruption in the country, former justice of the Supreme Court, Krishna Jung Rayamajhi, said.“When the judiciary itself is allegedly involved in corruption, the role of courts in curbing corruption becomes all the more crucial,” Rayamajhi added.
CIAA commissioner Lalit Bahadur Limbu, economist Dr Mohan Man Saiju and journalist Yuba Raj Ghimire called on people from every walk of life to help control corruption.
Thursday, February 09, 2006
Investigation Manual will be implemented soon-CIAA
Kathmandu, Feb 9-The Commission for the Investigation of Abuse of Authority (CIAA) is all set to implement its Investigation Manual, which was prepared recently to make the investigations on corruption cases more systematic.
"The Investigation Manual will be implemented soon," CIAA commissioner Beda Prasad Siwakoti told reporters on Wednesday. "All chief district officers and regional administrators will follow the Investigation Manual while looking into corruption cases," he added.The constitutional anti-graft body has delegated all powers to investigate into corruption cases at the district and regional levels to the chief district officers and the regional administrators respectively.
The Investigation Manual will be implemented immediately after the CIAA anniversary on Thursday and Friday, Siwakoti said.On the occasion of the anniversary, the CIAA has asked all concerned institutions to follow financial disciplines to help fight corruption in the country.
"Both the governmental and non-governmental institutions need to pay tax and bills of the government honestly, which would in turn help fight corruption," CIAA chief Surya Nath Upadhyay said.
"The Investigation Manual will help indicate which case should be handled under which Act and what punishment should be sought while filing of the charge sheet," he added.
Siwakoti, however, said that the Investigation Manual will be an secret document. "If any court seeks the help of the manual while hearing of a case, we will produce it," Siwakoti said. "We are hopeful that the Investigation Manual will help the investigating officers," he added.
Tuesday, February 07, 2006
Govt misusing law - former Justice
Kathmandu, Feb 7-Former Supreme Court Justice, Laxman Prasad Aryal, today accused the government of misusing the security law of the country currently at its worst.
“I worked as the Justice of the Supreme Court but I never saw such a misuse of security law in the past,” he said, adding, “it was, however, not unexpected because the current government was formed to suppress the people.”
“The government was formed after the royal coup last year to suppress the people thus it was not beyond our expectation,” Aryal, one of the drafters of the 1990 Constitution, added. Aryal said one could not expect democratic exercise by the current regime because it was formed to suppress the people.
Instead of complaining, people should fight against the King who has seized power to suppress the people, he said. Aryal was speaking at a programme organised by Human Rights and Peoples’ Concern Committee of Appellate Court Bar Association. He also accused the government of exercising power unconstitutionally.
He said the King just wants to work though military power and therefore he is not giving much attention to the people and their desire. Aryal was of the view that holding municipal polls in such a situation was a great joke.
Member of the National Human Rights Commission Dr Ram Dayal Rakesh said it was illegal and unconstitutional to stop people from organising peaceful assembly.
Senior Advocate Bishwa Kanta Mainali also accused the government working under the 1990 constitution of treating people according to the provisions under the 1962 Constitution.
SC orders authorities to produce 77 students
The Supreme Court (SC) has ordered the authorities to produce 77 student leaders and cadres before the court on 13th February.
Acting upon a petition filed at the Supreme Court, a single bench of Justice Rajendra Kumar Rajbhandari asked the authorities to present 71 people including student leader Khim Lal Bhattrai before the court on 13th February.
Likewise, a single bench of Justice Permananda Jha also ordered the authorities to present six student leaders including Mahendra Sharma before the SC on the same date.
The plea was filed at the SC, claiming that the student leaders including Khim Lal Bhattarai, Mahendra Sharma, Guru Raj Ghimire, Kundan Raj Kafle, Ram Kumari Jhankri and Badri Pandey were being detained against the Constitution and norms of human rights. The plea claims that the student leaders were not provided with clean water and health check-ups and were mistreated in detention.
All students were arrested from pro-democracy protest programmes.
Kathmandu Feb 7-The Supreme Court (SC) issued a show cause notice to the Election Commission (EC) on Tuesday concerning the legitimacy case of the Rastriya Prajatantra Party (RPP). The SC also directed the EC to attend the hearing on February 20 to discuss on whether or not to issue an interim order on the issue.
A divisional bench of Rajendra Kumar Bhandari gave the orders today after the pleadings of senior advocates Krishna Prasad Bhandari and Bishnu Kanta Mainali, along with the Bar Association President Shambhu Thapa, advocate Bachhu Singh Khadka, including others.
Pleading on behalf of the petitioner--the RPP faction led by Pashupati Shamsher Rana—they argued that the special general convention called by the individuals already been expelled from the party was illegitimate and, hence, any decision taken by the illegitimate faction was void in itself.
Rana had filed the writ petition at the SC to save his party emblem after the party’s dissident faction declared Home Minister Kamal Thapa as the new president of the party in the special convention on January 10.