Wednesday, May 31, 2006

CIAA filed case

The Commission for Investigation of Abuse of Authority (CIAA) has filed a corruption case against overseer of Janakpur municipality Sunil Kumar Thakur at the Special Court, Kathmandu. Thakur has allegedly submitted fraudulent educational certificates of Intermediate in Architect Engineering from Tribhuwan University, Institute of Engineering, Pulchowk for the purpose of getting job in municipality office.
The Commission is reported to have claimed that the extreme punishment should be given to him as per the Corruption Control Act for his crime of submitting duplicate academic certificates to obtain government job.

Meanwhile, The Commission for Investigation of Abuse of Authority (CIAA) is set to depute teams including officers of the commission for carrying out training, interaction, inspection and research to be held from May 31in various nine districts.The training, interaction and inspection will be carried out in Mustang, Parbat, Nuwakot, Kavre and Dhanusha districts while Kaski, Baglung, Rasuwa and Mahottari are other districts where research and inspection will be conducted.
According to CIAA, some 15 participants including chiefs and other employees of the offices will take part in the training related to corruption control to be conducted in districts. Similarly, various district-based office chiefs and representatives of civil society are taking part in the interaction programme.

Let the civil society monitor the talks : NBA President

Chairman of the Nepal Bar Association (NBA) Shambhu Thapa on tuesday demanded that both the seven-party alliance and the Maoists agree to let the civil society monitor the talks between the two sides to make them a success.

“Though the two talks teams have agreed upon a code of conduct, that is not enough to guarantee the success of the talks. It would be much better if they consulted the members of the civil society on the issue,” he said while addressing a programme at the Reporters’ Club.

He urged the government to restructure the National Human Right Commission, include in the body some people who echo the Maoists’ voice and make it the leader in monitoring the dialogue process.

“This time, even if the talks fail, we won’t let the Maoists return to the jungle,” he said.

Thapa said military mindset would not bring about political change but rather a strong political ideology would always trump a military.

Tuesday, May 30, 2006

Women rights on citizenship

The House of Representatives (HoR) has unanimously endorsed a landmark proposal on women rights that allows acquisition of citizenships by the name of mothers and 33 percent reservation to women in all state mechanisms, among others.

A sitting of the HoR on Tuesday endorsed the ‘motion of public importance’ presented by CPN (UML) MP Bidhya Devi Bhandari on Monday. The proposal seeks to end to all forms of discrimination against the women.

Now, with the ratification of the proposal, citizenship certificates can be issued by the name of mothers and women will have 1/3rd share at all levels of the state mechanism. As per existing provisions, citizenships are issued only by the name of father for which identification of the father is mandatory. This had been depriving the children of single mothers from citizenships.

The proposal has also opened the doors for annulment of all discriminatory laws in terms of gender. Women rights groups have been pointing out that at least 139 laws are discriminatory to women.
Ex-ministers’ case defer

The habeas corpus writ petition filed by three ministers of the erstwhile royal government was presented before the full court of the Supreme Court Tuesday but hearing could not start on the case.

The writ petition was presented before the full court comprising Chief Justice Dilip Kumar Poudel and justices Kedar Prasad Giri, Min Bahadur Rayamajhi, Ram Nagina Singh and Anup Raj Sharma. Hearing on the case court not start today as the bench was divided as to whether justice Giri, who handled the case in the division bench, could be part of the full bench.
No date has been given for hearing on the case.

A division bench comprising justice Giri and Tapa Bahadur Magar had referred the former ministers’ case to the full court on Sunday citing legal complexities in the changed situation.
Formation of an interim constitution : Experts

Presenting a working paper on 'Management of Transitional Period and Constituent Assembly', advocate Bhimarjun Acharya said that formation of an interim constitution is the best option to manage the transitional period as the state should not remain in a condition of lawlessness for a prolonged period.

He added that though the historic proclamation of the parliament was made as per peoples’ aspiration, its validity could be challenged anytime.

He further said that interim constitution is essential to end the legacy of the old regime and to legalize the transitional phase.

He suggested that a list system for voting and multiple-members constituency for electoral areas would be appropriate for the election of the constituent assembly.

He also suggested that agendas should be decided before the election of the constituent assembly to avoid confusion during the said elections.

Presenting paper on the same programme, Professor Krishna Khanal said though the issue of holding the election of the constituent assembly was over after parliament passed a motion in this regard, the main challenge is holding the election in a free and fair manner.

He further said that holding talks with the Maoists to bring life to normalcy, interim government with the participation of the Maoists, holding election of the constituent assembly and the formation and declaration of the new constitution are the main agendas of the country.

Commenting on the paper, journalist Shyam Shrestha agreed that the interim constitution is the need of the hour.

He said that the people’s movement succeeded due to the suppression of the royal regime and the role played by the media.
Contempt Case Against Army Officials

A contempt of court case was filed at the Supreme Court on Monday against Lieutenant Colonel Rajendra Jung Khatri of Bhairavnath Battalion and the chief of the legal unit of Nepal Army BA Kumar Sharma, accusing the duo of providing the apex court with false information regarding the detention of one Chet Nath Dhungana.

Chet Nath's brother, Dev Raj Dhungana, filed the case against the high-ranking army officials accusing them of submitting false written replies before the SC and declining to acknowledge his brother's detention. The army detained Dhungana three years ago but his whereabouts are still unknown, Dev Raj said.

"According to the National Human Rights Commission (NHRC), Dhungana had been held at the Bhairavnath Battalion. Deciding on the case, the Supreme Court had ordered the Headquarters of the Nepal Army and the chief of the Battalion to clarify the matter within seven days. But the army is yet to provide information about my brother," the petitioner said. He said the UN rights body, OHCHR, had also reported on Dhungana's detention by the army.

The petitioner sought maximum sentence against the army officials as per Clause 7 of the Supreme Court Act 1991, according to which, one may face up to a year in jail or Rs 10,000 in fines if convicted of the contempt of the Supreme Court.

KSL seventh anniversary

Supreme Court Justice Min Bahadur Rayamajhi said the apex court was always committed to protecting the rule of law and independence of the judiciary.

“The SC has been upholding the rule of law in the most difficult times,” Rayamajhi said while addressing the seventh anniversary of the Kathmandu School of Law (KSL) . The SC has been short of manpower for the last 50 years since its establishment, he added.

Speaker of the House of Representatives, Subhas Nemwang, said the law should not allow autocracy to thrive in the country as the people are against it. “The people’s movement was successful in establishing Lokatantra. Everybody should now work to bring about complete change through the election to a Constituent Assembly,” Nemwang said.
Attorney General Yagyamurti Banjade said as a democracy is governed by law, everybody should abide by the latter, while Executive Director of the KSL, Yuba Raj Sangroula, urged everyone to respect law and push for the election to a Constituent Assembly.

Monday, May 29, 2006

Members of dissolved Raj Parishad to move SC

Members of the dissolved Raj Parishad, the King's privy council, have said they are preparing to move the Supreme Court against the recent declaration of House of Representatives (HoR) dissolving the Parishad nepalnews reports.

chairman of the dissolved Raj Parishad Standing Committee Parshu Narayan Chaudhary said the members held several rounds of informal meetings aimed at seeking help of legal experts to challenge the decision of cabinet and declaration of the House.

"The declaration is against the spirit of the Constitution of the Kingdom of Nepal 1990," Choudhary said, adding, "We are holding discussions and seeking support from legal experts on how we can bring the issue to the court."

He, however, did not reveal when the writ would be filed at the Supreme Court.

According to Choudhary, all benefits enjoyed by the members of the dissolved Raj Parishad have been returned to the concerned authority.

Pradeep Kishor Ghimire, under secretary at the dissolved Parishad told that all the members had returned their vehicles on the second day of the HoR declaration. Chaudhary shifted from his official residence at Baluwatar to new residence at Lokanthali two days after the declaration. He said, "I have not gone to the office from the day the House passed the declaration." Three of the returned vehicles have already been sent to the Office of the Prime Minister and Council of Ministers.

Parishad secretary appointed by the King stopped coming to the office while seven other officials have been given responsibilities to shift all documents to the office of the council of ministers. Out of 43 government employees working before the dissolution, 36 officials have already begun to attend at the ministry of local administration. Bhimire informed that the Parishad building would be turned vacant within this week, it is said.

Cleaning of the Parishad building had stopped immediately after the dissolution. Piles of rubbish and broken pieces of furniture and papers can be seen in and around the building.

It is not known how much of budget allocated for the King’s advisory body for this year has been spent. Chaudhary said he had no information about the total expenditure made in the last 10 months of the current fiscal year. Officials said they had no say in financial matters expenditures and that all decisions regarding the Parishad’s expenses would be taken by ousted secretary Madan Prasad Aryal.

The Parishad had been active in political affairs after the first royal takeover of October 4, 2002 and advised the King for complete takeover on February 1, 2005.

The Parishad was dissolved through the declaration of the reinstated HoR on May 18.

Sunday, May 28, 2006

SC declines to release ex-ministers of royal govt

The Supreme Court declined to release three former ministers of the royal cabinet citing the changed political scenario, saying that a full bench of more than three justices would soon settle the case.

A joint bench of justices Kedar Prasad Giri and Tap Bahadur Magar passed the order saying that the writ needed to be presented before the full court of three justices, as it (writ) contested "serious legal complications."

"We need to interpret the legal provision in light of the changed political climate and in accordance with the declaration passed by the House of Representatives on May 18," said the bench.

Former ministers Ramesh Nath Pandey, Shrish Sumsher Rana and Nikshya Sumsher Rana are in preventive detention as per the Public Security Act 1989.Alleging that the former ministers were engaged in hatching conspiracies and plotting against the popular pro-democracy movement, the newly formed government on May 12 had arrested five of ministers of the royal cabinet.

Former ministers had filed a writ petition against their arrests at the SC.

The government had taken the trio in custody, accusing them of hatching conspiracies against the people’s sovereignty and attempting to thwart the people’s movement.Of the arrested ex-ministers, Pandey is undergoing treatment at Norvic Hospital after falling sick, while Shrish and Nikshya have been kept at the National Police Academy and Police Paharagan, Tripureshwor respectively.
Worst security in Kathmandu,Bank looted

In daylight Sunday, five unidentified armed persons entered the Nepal Bank, Chettrapati branch in the capital, and looted Rs 100,000, police said.

Police said the robbers who came on motorbikes took the security guards under control at gunpoint and got away with the cash at around 13:00 p.m. The robbers were brandishing pistols.

Acting manager of the Bank, Kumar Prasad Sharma, confirmed to Nepalnews that five looters got away with Rs 1 million after taking the guards and other employees under control by showing pistol.

The officer also said that investigation into the case is going on.

Same as, Yesterday Two unidentified persons shot dead a youth near Rajdhani Petrol Pump at Dhumbarahi in Kathmandu.

According to Deepak Ranjit, SP at the Valley Crime Investigation Bran-ch, Hanumandhoka, the deceased, who had Mongolian features, is yet to be identified. The assailants got off a taxi and shot at the youth after overtaking the taxi the deceased had hired.

The assailants were following the taxi (Ba 1 Ja 9404) hired by the victim from Halchowk. The police have detained taxi driver Santosh Giri and impounded the taxi the deceased had hired. Search is on to identify the taxi the shooters had hired, Ranjit said.

Saturday, May 27, 2006

Govt-Maoist agree on 25-point Code of Conduct

Members of the government and Maoist negotiation teams have agreed to a 25-point code of conduct late Friday to be observed by both the sides during the period of ceasefire.The talks ended at 10:15 p.m. after more than six hours of closed-door negotiations between the two parties at Gokarna Forest Golf Resort in Kathmandu.

The code of conduct, jointly signed by Home Minister and leader of the government negotiation team Krishna P Sitaula and coordinator of the Maoist negotiation team Krishna Bahadur Mahara, says both the parties would cease all types of military activities during the period of ceasefire.

They have also agreed not to call 'bandh' or transport strike throughout ceasefire. The code of conduct, however, says rallies and meetings could be organized peacefully. Similarly, both the sides have agreed not to create any obstructions in the movement of medicines, food, construction materials meant for development programmes and goods for daily consumption.
The code of conduct says that no donations would be collected, whether cash or kind, through coercion.

Both the sides have agreed to make public whereabouts of "disappeared people," help displaced people to return to their villages and release the detainees gradually. Similarly, both the government and CPN (Maoist) have agreed to involve national and international team in the monitoring of ceasefire "on the basis of mutual consensus." The agreement, however, doesn't specifically mention whether the international monitor would be the United Nations or any other international agency.

The government and the Maoists also agreed on ending the forceful collection of donations and financial assistance.

The code of conduct, which has come into force from Friday, may be amended on the basis of mutual consensus, both the parties said.

Talking to reporters briefly after the first round of formal talks, Maoist leader Mahara said things this time were drastically different this time. He said he hoped that his party might not have to return to war this time. "We had gone to the war a decade ago out of compulsion," he added.

"We don't want to return to war again," said Mahara after the meeting.

He added, "This (talks) is the first step towards achieving our goal of a constituent assembly election."

Similarly, Home Minister Sitaula said that the dialogue was held in a constructive environment."Now no Nepali will have to spill blood to for the reasons of an armed conflict," said Sitaula.Home Minister Sitaula expressed hope that a durable solution would be found through peace talks to the decade-old armed conflict.

Both sides also agreed to hold another round of talks after reaching the agreement today.However, no date has been set for the next round of talks.

Friday, May 26, 2006

The first day of Government-Maoist talk over

The first round of talks between the government and the Maoists on Friday afternoon at Gokarna Forest Golf Resort gives way for futher talk. First round talk took place for more than 5 hour .

Although it was not cleared but Today's discussion was primarily focus on the mandate of the reinstated House of Representatives (HoR) and the 12-point agreement between the Seven-party Alliance (SPA) and the Maoists.

"There is little chance of failure of these talks. Our agenda, of course, is the election to constituent assembly," said the Maoists’ talks team leader Krishna Bahadur Mahara while talking to reporters before the scheduled kick off of the talks at 4 pm.

According to the source, a common code of conduct is already prepared with the consent of both parties.

The government on Thursday had given full shape to its team headed by Home minister Krishna Prasad Sitaula and formally called the Maoists for negotiations while the Maoist preparatory talks team headed by the party spokesperson Krishna Bahadur Mahara had arrived in Kathmandu last week; another member Dev Gurung arrived on Thursday.

Dina Nath Sharma is the third member of the Maoist team while the government's team includes Ramesh Lekhak and Pradip Gyawali bedsides Home Minister Sitaula.
All members of the Maoist team have participated in talks with previous governments while the government team has all new faces.

This is the third time in the course of ten years of armed insurgency that the Maoists have come for talks with the government. Both previous talks had ended deadlocked after no agreement could be reached over the Maoists' demand for elections to the constituent assembly.

The first round of talks with the Maoists was held six years after the start of the insurgency, in Godavari resort in Kathmandu on 30th August, 2001. The second round was held in Thakurdwara of Bardiya after 12 days on September 11th and the third round was again held at the Godavari resort, two months later on 13th November. The talks ended after the Maoists presented elections to the constituent assembly as their bottom line.

RNA Responsible for Torture, Disappearances :OHCHR

Ian Martin, the United Nations Office of the High Commissioner for Human Rights (OHCHR) representative in Nepal, said that the army personnel at the Bhairav Nath Battalion of the erstwhile Royal Nepalese Army (now, the Nepali Army) were responsible for the disappearance of 49 persons.

"Our investigations show that the whereabouts of least 49 persons, and probably many more, remains unknown," Martin said.

Martin, releasing the OHCHR report on Friday, said "most of the hundreds of individuals arrested by the RNA in 2003, and held for varying durations at the Maharajgunj barracks, were subjected to severe and prolonged ill-treatment and torture. The Bhairav Nath battalion was chiefly responsible for their abuse."

He said the RNA had continuously flouted national and international norms regarding the detention of suspected insurgents, especially at the times of armed conflicts. "Appeals for fair treatment of the detainees, both at the national and international levels, were continuously ignored," Martin added.

The Bhairav Nath battalion has now accepted responsibility for the arrest and detention of 137 people, who were later transferred or released.

Government-Maoist talks today

The first round of talks between the government and the Maoists starts Friday afternoon at Gokarna Forest Golf Resort and Spa in Kathmandu.
According to a member of the government talk team, the first round of talks will primarily focus its discussion about the mandate of the reinstated House of Representatives (HoR) and the 12-point agreement between the Seven-party Alliance (SPA) and the Maoists.

The code of conducts to be followed throughout the talks is also expected to get a final touch from both sides today.
Amnesty talk on new constitution making process of Nepal

Amnesty International, University of Baltimore, USA Organize talk program on “ Challenges of new Constitution making in Nepal.” Advocate Dinesh Tripathi, Supreme Court Nepal was invited to speak on the occasion. Tripathi Spoke on the occasion-Nepali people has shown enormous courage and bravery. Under the massive pressure of mass movement authoritarian king is forced to step-down. King and his army are responsible for gross violation of human rights and fundamental freedom. King has committed a crime against people and democracy. But now Nepal has entered into new era of democracy building. Parliament has taken a drastic step to curtail the power of king. People are aspiring for republican set up and full and genuine democracy. Now Nepal is in new Constitution making process. Now Constitution is going to make by “We the people.” Nepali people no more want a given Constitution, given by king or somebody else. Nepali people want to be full sovereign and want to exercise full sovereignty. New Constitution is going to ordain and establish by “We the people” of Nepal. People are the source of ultimate power and authority. Constitution is the expression of sovereign will of the people and people are aspiring to exercise its sovereign will. Nepali people want a total democracy, rule of law and full guarantee of the fundamental rights. New Constitution should be the charter of the full sovereignty of the people. People’s aspiration of the genuine, parcipatory and inclusive democracy must be addressed by the new constitution. “All power to the people” should be the motto of new constitution. It must transform a bureaucratic and police state into fully democratic, responsive and accountable state. Kingship must be totally abolished because it always became the threat for people’s rights and liberty. Now it is proven fact of the Nepali history is that monarchy and democracy cannot go together. We need to build a grassroots democratic structure. Total power to the local body and institution. To address an aspiration of people we need to build a federal structure. Army must be put under the parliamentary control and need to incorporate instition and mechanism to ensure accountability and control the abuse of the power by any state authority and institution.

But complex challenges are ahead to making a new constitution. King is down but not out. No action has been taken against any army personal. Entire democratization process is weak and fragile and it is full of the uncertainty. We have yet to start credible peace process. We have to start the process of transitional justice. Impunity must not allow. All the violator of human rights should bring to justice who committed a crime against people. King should also make liable about his act and he is also need to bring to the justice. No one allow getting immunity and impunity for the crime he is committed. Equality before the law is important aspect of justice. Nepal must immediately ratify the Rome Statute Of International Criminal Court so all the perpetrator can bring to justice and held accountable for their action. Without successful management of the transitional justice it is very difficult to move for full democratization of the polity and the state. There must be free, fair and conducive environment so people can freely vote for constituent l assembly. People must allow to exercising their free will. International community must be a watchful toward peace process and new constitutional making process in Nepal. There is clear need to closely monitor the peace process in Nepal. Credible International organization like UN must come forward to monitor peace process and hold both side accountable. International community must support Nepali people’s aspiration of full democracy without king. Maoist should also accept the democratic aspiration of people. They should behave as a responsible political force and stop abduction and extortion and participate in the new constitution making and democracy building process peacefully. There is no alternative to the democracy and rule of law.

Prof. Dr. Jason Trumpbour introduced the Speaker and also said that- there is exciting development is taking place in the Nepal. People are aspiring for democracy and rule of law. International community must support the democracy building process in Nepal. We should provide our helping hand to Nepali people and must support their endeavor to establishing polity based on the rule of law.
Red Corner Notice still in security force's website

The government has withdrew the Red Corner Notice and removed the "terrorist" tag labelled on the Maoists in the first week of the may 2006. This move came at a time when the reinstated House of Representatives unanimously passed PM Koirala’s motion to hold constituent assembly elections to write a new constitution. But the Red Corner Notice to all maoist leaders are still in the web site of the security force's website of Nepal . check ,

In returns ,The International Criminal Police Organization (Interpol) had also issued a Red Corner Notice (RCN) against eight top Maoist leaders from Nepal, including Communist Party of Nepal (Maoist) Chairman Prachanda (Pushpa Kamal Dahal) and Baburam Bhattarai. This RCN serves as an arrest warrant in all the 179 Interpol member countries.

SC ordered House to probe PM fund misuse

A full bench comprising Chief Justice Dilip Kumar Paudel and Justices Khil Raj Regmi and Gauri Dhakal issued the verdict on Responding to a case regarding the misuse of Prime Minister’s Relief Fund, on thrusday said since the House of Representatives has been reinstated it would decide any case of misuse of the fund.

The petition was filed after the Cabinet led by Prime Minister Sher Bahadur Deuba distributed Rs 4.1 million to near and dear ones of the ministers in 2004 as Dashain allowance. The bench also held Clause 2(2) of the Administrative Works (Regulation) Act 2013 BS is inconsistent with the 1990 Constitution and which was rendered null and void as per the Article 131 of the Constitution.

Govt ordered to Release of 100 Maoists

Home Minister Krishna Sitaula told the House today that the government has ordered the release of 100 more Maoist detainees. He added that 467 Maoists have already been released. He promised to release the rest .

He said the government had asked the police administration to furnish a clarification regarding the reported misuse of police personnel at senior officers’ house.“I will inform the House after the ministry receives clarification from the police administration,” said Sitaula.

He said his ministry had issued directions that the hooligans, who have been creating chaos these days protesting against a secular state, be controlled.

“The government’s attention has been drawn and it will take stern steps against the culprits,” said Sitaula.

He added, “The government needs cooperation from all. The country is going through a sensitive situation, and plot-hatchers can take advantage from a small reason, so we need to take bold but cautious steps.” He appealed to the Maoists to transform the commitment in the 12-point understanding into action.

Thursday, May 25, 2006

Three members talks team appointed

The Council of Ministers Thursday morning appointed two more members of the government talks team to hold dialogue with the Maoists.

The Thursday's meeting of the Council of Ministers appointed the negotiation team headed by Home Minister Krishna Prasad Sitaula.Other members are Pradip Gyawali, Minister for Culture, Tourism and Civil Aviation and Ramesh Lekhak, Minister of State for Transport and Labour Management in the negotiation team .

Talking to journalists after the meeting of the Council of Ministers, Home Minister Sitaula said that they will hold talks with the rebels at the earliest.

On the Maoist demand to release all political detainees as pre-condition for talks, Sitaula said the government had already started the process of releasing Maoist cadres. He informed that the government released 467 Maoist cadres so far.

The Maoist have also formed a three-member negotiation team headed by Maoist spokesman Krishna Bahadur Mahara to hold talks with the government. They have further informed that Chairman of the party, Prachanda, will come for the summit talks

Mainwhile National Human Rights Commission (NHRC) on Wednesday urged the government and the Maoists to sign a human rights accord and a ceasefire agreement to ensure the success of the much-awaited peace talks.

The parliament-formed national human rights watchdog handed over drafts of both documents to Prime Minister Girija Prasad Koirala through Home Minister Krishna Sitoula Wednesday, according to NHRC member Sudip Pathak.

Wednesday, May 24, 2006

AIG promotion case in July 4

The Supreme Court Tuesday decided to hold final hearings July 4 on the controversy over the promotion of two Deputy Inspector Generals of Police (DIGs) by the royal government.

The court issued the decision in response to a writ petition filed by then DIGs Kumar Koirala, Gyanendra Bikram Mahat, Him Bahadur Gurung and Sher Bahadur Shah. The four retired three months ago as the then royal cabinet did not promote them to Additional Inspector General of Police.

The retired police officers have slammed the cabinet decision for being biased. At the time, then DIGs Rup Sagar Moktan and Krishna Basnet were promoted to AIG from among the six DIGs contending for the post. The promotion got dragged into controversy as the cabinet allegedly promoted Moktan and Basnet in view of their affinity to the palace.

Taking up the case, Justices Rajendra Kumar Bhandari and Kalyan Shrestha said, "As the case is related to security and is very serious in nature, it needs to be settled as soon as possible. So the court will hold final hearings on the case July 4."

Mainwhile Civil Police Headquarters on Tuesday sent seven Deputy Inspector Generals (DIGs) and three Deputy Superintendents of Police (DSPs) on deputation as per the decision of the ministry.

DIG Hem Gurung has been deputed to Central Regional Police Office, Makawanpur, DIG Surendra Bahadur Pal to Far Western Regional Police Office, Dipayal, DIG Dipendra Bahadur Bista to Mid Western Regional Police Office, Surkhet, DIG Ramesh Prasad Shrestha to Western Regional Police Office, DIG Rabi Shrestha to Operations Department at the Police Headquarters, DIG Shyam Singh Thapa to Logistics Department, and DIG Niraj Pun to the Crime Investigation Department.

Similarly the DSPs receiving deputation orders are Rajendra Man Shrestha who has been sent to the Police Headquarters, Yogeshwor Rom Thami, sent to the City Police Office, Kathmandu, and Akhtar Ali Ansari, who has been sent to Myagdi District Police Office.

Rights situation worst during King's direct rule: AI

The global report said that there were gross violations of human rights killings, illegal detentions, abductions and disappearances amongst others both by the security forces and Maoists during during the direct rule of King.

“The human rights situation deteriorated sharply after King Gyanendra seized direct power and declared a state of emergency. Civil liberties were undermined, with thousands of politically motivated arrests, strict media censorship and harassment of human rights defenders,” the ‘Amnesty International Report 2006, the state of the world’s human rights’ said.

Judges and lawyers faced harassment and intimidation by the security forces while many people freed by the courts were rearrested, it said.

The arrest of thousands of political activists, human rights defenders, students, trade unionists and journalists were also included in the report.

"The human rights community was directly targeted in the crackdown during the state of emergency. Scores of human rights activists were arrested, and many faced harassment by security forces and civil authorities," the report said of the situation of human rights defenders during the king's rule.The global human rights body has also accused Maoists of carrying out indiscriminate attacks on civilians. The rebels have been held responsible for abduction, torture and killing of civilians on the charge of spying.

The report further said children faced rights abuses from both the warring factions as they were reportedly detained and tortured by the security forces and abducted and recruited in the Maoist militia. Children were also killed in indiscriminate attacks.

On Nepali women's issues, AI reported that the conflict led to many reported incidents of trafficking, rape and other sexual violence. The conflict exacerbated the existing discrimination against women, according to a report made public here by AI Nepal Section.

As for economic, social and cultural rights, the report said, "The impact of the conflict severely reduced people's ability to enjoy their economic, social and cultural rights."The report also highlighted issues of displacement, strikes and insecurity that barred people from enjoying their rights.

Tuesday, May 23, 2006

CJ's Call to Respect Law, Human Rights

Chief Justice Dilip Kumar Paudel has called upon everyone to respect rule of law and human rights.

In a message on the occasion of the golden jubilee of the Supreme Court on Monday, he promised to keep the judiciary independent and protect the rights of people who the sovereignty is vested on. "I feel that the relation between the bar and bench should be friendly and cordial, as there cannot be two views between them about maintaining the independence of the judiciary," said Paudel.

He promised that the judiciary will work in the changed political atmosphere respecting the aspirations of the people. "I'm proud to say that the judiciary always works as per people's wishes," he added.

The Chief Justice said the judiciary has been providing economic, political and social justice to the people since its establishment. "The SC is providing justice to the people based on the existing constitution and laws," he added. The SC was established on Jestha 8, 2013 BS.

Monday, May 22, 2006

Proclamation could be challenged in SC: Legal experts

Legal experts have said that the proclamation of the House of Representatives could be challenged at the Supreme Court as a normal case since the proclamation did not mention anything about the Supreme Court (SC).

Former Justice of the SC, Laxman Prasad Aryal, said that the proclamation could be challenged in the Supreme Court as other cases, as the proclamation did not mention anything about the SC reports.

He said that the case should not be analyzed as a normal case, as it was done in a changed political situation and it was issued as per the people’s aspiration expressed during the people’s movement.

SC Justice Anup Raj Sharma also opined that the Supreme Court can test the constitutionality of the proclamation of the parliament.

Talking to journalists after a function at the Supreme Court on Sunday, Justice Sharma also asked parliamentarians whether the proclamation is constitutional or a political decision.

Acting CDO detained in polygamy case

The District Court Bajhang has ordered to detain Acting Chief District Office (CDO) of Bajhang, Devi Dutta Poudel in the case of polygamy.

Poudel, who had been appointed as acting CDO to the remote far-western district of Bajhang only four months ago, married Women’s Development Officer Ms. Pramila Shrestha on May 7 as per Hindu rituals. Poudel has one son from the first wife.

Reports quoted acting judge of the District Court Narayan Prasad Ojha as saying that the court ordered to detain Poudel and Shrestha for interrogation as per the marital chapter of the Civil Code.

Representatives of civil society and women rights activists organized sit-in protest programme at the premises of District Court demanding action against the culprit during the period of hearing.

As per the marital chapter of Civil Code, the CDO Poudel could be fined up to Rs 25,000 and may face up to three years of prison sentence in the case. Similar punishment would be implied to the woman a marrying man who already has a wife. However, if she was unaware that the man had married earlier, she would not be punished.

According to the code, a man is permitted to marry a second time only if his first wife was suffering from incurable sexually transmitted diseases, was mentally retarded, became physically disabled, became blind or lived separately receiving her share from her husband. Recently, the Supreme Court dismissed the provision that a man would be permitted to marry if he could not have children because of wife's infertility.

Do not forget people's movement : Former Justice

Former Supreme Court Judge Laxman Prasad Aryal on Sunday said the election to Constituent Assembly (CA) would consolidate the achievements of the people's movement.

The polls to Constituent Assembly should start soon, he said, while at the same time calling for a dialogue between the government and Maoists. Before that, an interim government should draft an interim Constitution, Aryal said.

Inclusive democracy will begin with the Assembly election, Aryal said, adding: "The empowerment of people is the most important issue and the Assembly, where all sectors of the society will be represented, will serve the purpose very well." He was speaking at an interaction organised by the Civil Awareness for Constituent Assembly.

The People's movement has vested sovereignty with the people and shown that they alone can make the ultimate decision, he said. "Amendment of some laws and the CA polls are necessary to honour their aspirations."

"Each person should be able to enjoy the fruits of democracy and there should be no discrimination of any kind from now on. We are confident that the CA will resolve the fundamental problems that are plaguing the country now," said Aryal.

Talking about the King giving up his powers and agreeing to CA, the former SC judge said: "The people's power forced the monarch to agree to such steps. If the achievements of the people's movement are not consolidated on time, there are enough conspirators around who are busy hatching devious plots."

CJ, judges to discuss HoR declaration

Chief Justice Dilip Kumar Paudel on Sunday said he will hold a discussion with judges of the Supreme Court on the recent declaration of the House of Representatives to find out whether the declaration is part of the constitution and whether it can curtail the apex court's powers or not. Chief Justice Paudel said he would hold a discussion on how to take the declaration and to find out whether it is above the Constitution or not. “Without holding a discussion, I cannot say whether this curtails the Supreme Court’s power on judicial review or not,” Paudel told journalists after a programme on the golden jubilee celebration of the SC.

Sunday, May 21, 2006

Professionals Meet Rayamajhi Commission Officials

Heads of several professional organisations met officials of the High Level Probe Commission headed by former Justice of the Supreme Court Krishna Jung Rayamajhi and demanded to immediately remove those officials who suppressed Jana Andolan.

During the meeting, commission officials said they will recommend action against guilty officials after investigating their involvement.

“We have expressed dissatisfaction over continuation of jobs by officials who suppressed people in Jana Andolan,” said, Bishnu Nisthuri, President of the Federation of Nepalese Journalists.
The Commission was also cautioned that their report should not go unnoticed as of the Mallik Commission, he added. He quoted officials of the commission as saying that they will recommend action against those found guilty.

The commission officials, including chairman Rajamajhi, listened to the suggestions given by the heads of the professional organisations and expressed commitment to take action against those responsible for the suppression of people during people’s revolution. The commission officials urged the heads of professional organisations to give evidence and documents to the commission if they have any.

The government arrested five former ministers on the recommendation of the commission in the charge of holding secret meetings to thwart the people's movement.The government also suspended Chiefs of the Nepal Police, Armed Police Force and National Investigation Department on the recommendation of the Rayamajhi commission.
NBA welcomes declaration of parliament

Welcoming the historic declaration of the House of Representatives-2063, the annual general assembly of Nepal Bar Association (NBA) has emphasized on its successful implementation.

"The Jana-andolan-II uniquely demonstrated to the whole world that a peaceful movement can also bring a historic revolution," the 17-point Janakpur declaration of the NBA issued at the end of the annual general assembly said.

The assembly also vowed to stand in favor of the HoR declarations.

The NBA through its assembly also stressed for the implementation of the 12-point agreement between the parties and the Maoists. "Both the parties should immediately take initiatives for peace talks, formation of interim government and constituent assembly," NBA urged, adding representation from indigenous, ethnic and suppressed communities was a must for the assembly. It has urged the concerned authorities to take strict action against those involved in suppression of people's movement and in the support of then royal regime.

Likewise, NBA urged the Maoist rebels to immediately stop extortions

Saturday, May 20, 2006

NBA 27th central executive council and the general meeting kick off

The House should dissolve and a new mechanism to should be started to move ahead by remaining The House of Representatives Declaration-2006 has given peace to the Nepali people from feudal elements, attorney-general Yagya Murti Banjade said .
Inaugurating the 27th central executive council and the general meeting of Nepal Bar Association in Janakpurdham, he said it was necessary to be alert, saying the government has always conspired against embracing the democratic culture.Banjade said the concept of inclusive democracy should be taken up through the medium of consensus by keeping intact the sovereignty of the people.“It is necessary for the judges to keep alive the issues of independent judiciary, rights and the rule of law,” he said, adding that Janakpur has always been in the forefront in the struggle for democracy.
President of the Nepal Bar Association Shambhu Thapa said it was necessary to remain vigilant regarding the danger of the conspiracies of elements trying to bring about instability and break up the alliance of the seven political parties.Noting that the HoR’s Declaration-2006 is a part of the Constitution, he pointed out the need of drafting an equitable and representative Constitution.
Former President duo of the Association, Harihar Dahal and Bishwakanta Mainali stressed the need of protecting the rights of the people as per the spirit of the people?s movement and how to make the House of Representatives Declaration effective through the joint efforts of all.Judge at the Appellate Court, Janakpur Raghab Lal Baidhya said that all things should be transformed in the changed context.At the programme presided over by Nepal Bar Association, Janakpur Shyam Kumar Mishra, senior advocates Yugal Kishor Lal, Khem Narayan Dhungana, Ramji Mainali, CPN-UML Central Member Ramchandra Jha, Nepali Congress Dhanusha District President Ramkrishna Yadav, President of Nepali Congress (Democratic) Ram Saroj Yadav, Kishori Saha of the United Left Front, advocate Binod Sharma among others also expressed their views.The General Meeting will last till Saturday.

Legal experts on HoR Declaration-2006

Constitution experts and law practitioners say that Thursday's Parliament Declaration has come as per the sentiments of the people and its legitimacy cannot be challenged. They opine that the parliament established by the people's power endorsed the political paper for the sake of the people.
Speaking at the Reporters' Club on Friday,Legal experts stressed the need for an interim constitution to legalise the recent achievements of the movement and the declaration of the House of Representatives.
Constitutional law expert Purna Man Shakya urged the government to promulgate a new constitution to give legal validity to declaration and to make arrangements to prevent constitutional vacuum.“It is not suitable to hang on to the old constitution and promulgation of a new constitution would be the best way to legalise the achievements of the mass movement,” Shakya added. He said there are enough experts in the country to draft an interim constitution, if the politicians needed.
Shakya said political decisions would not always be applicable unless they are transformed into laws and no one can question yesterday’s House declaration if it is given shape of a legal document.“Institutionalising the House declaration would be difficult unless it is legalised through normal procedure and the Supreme Court will not be bound to recognise it as a constitutional document,” he said, adding: “Unless the SC recognises the declaration as a legal document, it would only remain a political document.”
Former Supreme Court Judge, Laxman Prasad Aryal, said the process to promulgate a new constitution has already started with the declaration.“Since the House passed a resolution to promulgate a new constitution, the 1990 constitution is no more in force,” he added.He was of the view that there is no question of legitimacy of the declaration because the House exercised the peoples’ power to promulgate Constitution.
Advocate Bhimarjun Acharya seriously questioned the supremacy of the House as declared yesterday. Acharya also said it is not good to make the Supreme Court under the Parliament by strapping the apex court of its power of judicial review.
“The declaration intends to escape from an election to a constituent assembly,” said advocate Mukti Pradhan.
Senior advocate Sindhu Nath Pyakurel said there is no question of legitimacy of the House declaration because question cannot be raised over decisions after any movement.

Friday, May 19, 2006

Delhi magistrate court orders release of Nepali activists

A local Delhi magistrate court has ordered the release of five expatriate Nepali political activists who were nabbed by the Delhi Police on Thursday night while black-painting the word Royal from the Royal Nepalese Embassy here.
The verdict was handed down by the single bench court headed by Justice Sanjay Bansal at the Paliala House Court here Friday evening, hours after the Tilaknagar Police lodged a petition charging them with committing a public offence.

Those released after a night in police custody are Nepali Congress activist Bal Krishna Pande, CPN-UML-affiliated Yuvaraj Baskota, and activists Khem Chandra Dhakal, DP Yadav and Govinda Pokhrel.

"The police tried their best to nail us saying we were committing a crime in a diplomatic, VIP area," Pande said after his release. "But the judge decided to release us upholding the government's decision in Nepal yesterday."
Full text of the HoR Proclamation
In a “historic” and bold move, the reinstated House of Representatives on Thursday declared itself “supreme” and for the first time in the country’s history drastically curtailed the royal powers.
HoR Proclamation
1.1 All the rights regarding the legislative body of Nepal shall be exercised through the House of Representatives. The procedures for formulating laws shall be as specified by the House of Representatives. 1.2 The procedures for moving on the path of Constituent Assembly shall be as fixed by the House of Representatives. 1.3 Calling of the session of the House of Representatives and its conclusion shall be as follows:- a. The calling of the session shall be by the prime minister and will concluded by the speaker on the recommendation of the Prime Minister. b. The speaker shall fix the date for the session or meeting to hold within 15 days if request is made before the speaker by one fourth of the total members at the moment in the House of Representatives citing that it is appropriate to call a session or a meeting when the House of Representative is not being held or if the meeting is stalled. 1.4 The House of Representatives shall formulate and implement the House of Representatives regulations.
2.1 All the executive rights of Nepal as a state shall rest on the Council of Ministers. 'His Majesty's Government' shall be termed 'Government of Nepal' from now onwards. 2.2 Persons who are not the members of the House of Representatives can also be nominated in the Council of Ministers. 2.3 The Council of Ministers shall be responsible towards the House of Representatives. The Council of Ministers and the ministers collectively and for the works of their ministries shall be personally responsible towards the House of Representatives. The administration, army, police and all the executive organs shall be under the purview of the government that is responsible towards the House of Representatives. 2.4 The allocation and transaction of business of the government shall be presented at the House of Representatives after its passage from the Council Of Ministers.
3.1 The name "Royal Nepal Army" shall be changed to "Nepalese Army". 3.2. The Existing provision regarding the National Security Council has been repealed. There shall be a National Security Council under the chairmanship of the Prime Minister in order to control, use and mobilize the Nepalese Army. 3.3. Chief of the Army Staff of the Nepalese Army shall be appointed by the Council of Ministers. 3.4. The existing arrangement of Supreme Commander of the Army has been revoked. 3.5. The decision of the Council of Ministers on mobilizing the Nepalese Army, must be tabled and endorsed within 30 days from the special committee assigned by the House of Representatives. 3.6. The formation of the Nepalese Army shall be inclusive and national in nature.
4. ON RAJ PARISHAD The existing provision of Raj Parishad has been revoked. Necessary works being performed by the Raj Parishad shall be as per the arrangement made by the House of Representatives.
5.1. The right to make laws, amend and nullify regarding the succession to throne shall rest on the House of Representatives. 5.2. Expenditure and facilities for His Majesty the King shall be as per the decision of the House of Representatives. 5.3. The private property and income of His Majesty the King shall be taxed as per the law. 5.4. Acts performed by His Majesty the King are questionable in the House of Representatives or in court. 5.5. Existing Royal Palace Service shall be made part of the civil service. 5.6. The security arrangement for the Royal Palace shall be as per the arrangement made by the Council of Ministers.
9. MISCELLANEOUS (a) All the state organs and bodies shall exercise their rights as having been authorised by this House of Representatives and with full faith towards it. (b) Specified officials holding public posts shall take oath of office from the House of Representatives in specified manner. Officials who ignore receiving oath of office shall be relieved of their posts. (c) The inconsistent legal arangements of the Constitution of the Kingdom of Nepal-1990 and other prevailing laws, with this declaration, shall be nullified to the extent of inconsistency. (d) Any difficulty that may come while implementing this declaration shall be removed by a decision of the House of Representatives. (e) A committee shall be there in the House Of Representatives for the purpose of implementation of sub-clause (c) and (d) above.
Source: RSS
SC dismisses restrictive media policies

The Supreme Court on Thursday dismissed the legal provision of authorizing the government to seize the license of a broadcasting media for transmitting news.
In response to the writ filed by Narayan Dutta Kadel demanding dismissal of the provision under section 8 of the National Broadcasting Act 1992, a special bench comprising justices Anup Raj Sharma, Balaram KC and Tahir Ali Ansari, issued its verdict stating the provision was inconsistent with the spirit and press freedom guaranteed by the constitution.
The provision states that the government can cancel the license of a broadcasting agency if it is found broadcasting any matters not legalized under the act or under other regulations made according to it. The verdict of the special bench reads 'the provision in the act was inconsistent with the spirit and provision of the constitution and the earlier verdicts given by the Supreme Court.'
Similarly, the same bench in another writ filed by Kadel, has given its decision that the provision of Publications and Newspapers Act 1991, Section 15 (1) is inconsistent with the Article 13 of the constitution. The act provides power to the government to restrict any matter before publishing if government thinks it to be so.
The writ demanded to cancel all the provisions empowering the government to formulate policies or regulations to ban publishing or broadcasting any matter except the restrictive provision under Article 13 (1) of the constitution. The provision had empowered the government to formulate policy for restriction of specific news matters for specific period of time or allow publishing or broadcasting after censorship by appointed government official
Legitimacy of House Proclamation 2063

Prime Minister Girija Prasad Koirala said Thursday that if anyone dares to underestimate the House Proclamation 2063, will face dire consequences.PM Koirala made the remarks while presenting the Proclamation at the Thursday's sitting of the House of Representatives (HoR). "I appeal to all the people to raise their voices against those who attempt to undermine the proclamation."

"This Proclamation has reflected the desire of the people and each and every word of the Proclamation is written with the blood of the martyrs who sacrificed their lives," said PM Koirala.

House of Representatives (HoR) unanimously endorsed the House Proclamation 2063 B.S.
Speaker of the HoR, Subash Nemwang declared the endorsement of the proclamation after no one voted "nay".

Main while ,Experts have opined that unless the Supreme Court admits the bindingness of the House declaration, it is pretty much below par, as far as the Constitution is concerned.

Attorney General Yagya Murti Banjade said on HoR Declaration that “This is not the supreme body and it cannot do anything as it likes,” . He also said it should work and decide everything within norms and values. He also questioned the legitimacy of the much-expected declaration of the House. “How can the declaration get legitimacy?” he asked.Banjade called on the government and the House to choose whether to bring a new interim constitution or to incorporate all the things which would come in the declaration from the House into the existing Constitution through amendment to the 1990 Constitution.

legal expert Radheshyam Adhikary said that it is the part of the constitution so that there is no problem to implement it.

Constitutional expert Purna Man Shakya told “Though it is the highest constitutional norm declared by the HoR there is a serious question whether or not to recognize it as part of the constitution since it is being said that the declaration is above the constitution,” . “If the SC recognizes it as above the present constitution and laws, it will get legitimacy. Or, it will only be a political declaration.”

He was of the opinion that it would be better if the parliament scraps the existing constitution and announces today’s declaration as an interim constitution.

Advocate Bhimarjun Acharya said that such a declaration of supremacy of the parliament is sheer violation of the rule of law. “This is nothing but undermining the rule of law and lacking in legitimacy,” he said, adding that it amounted to nothing different from the “King’s autocracy”.
Advocate mahesh thapa said "The question of course is not simply that power given to HoR from House Proclamation 2063 adopted, but whether or not there will be alots of question raise until it get Legitimacy . A strong commitment to the rule of law is necessary ."
If we talk about legitimacy of House Proclamation 2063 The Parliament has no right to announce giving power to HoR within this constitution. So the Constitution of Nepal 1990 is totally failed once agian told advocate krishna pradhan .

Thursday, May 18, 2006

Parliament Adopts Proclamation

The parliament adopted a Proclamation which besides cutting all the existing rights of the King, made the House of Representatives the sole body on which the sovereign rights of the people will rest. The proclamation also declared Nepal as a secular state.

The proclamation was passed unanimously today by the House after discussion and was presented by Prime Minister GP Koirala.

After the Proclamation the HMG has now been re-christened as Nepal Government, RNA becomes the Nepal Army, session of the House will be called by the PM and all executive rights will rest on the Cabinet which will be accountable to the HoR.

Similarly, the Cabinet will appoint the RNA chief, existing provision on commander-in-chief of the army and security council will be scrapped, while a new security council led by the PM will be constituted. The army will be mobilized by the cabinet. The proclamation also scraps the existing Royal Council and all the works of the council would now be performed by the HoR. The existing laws on royal succession will also be scrapped. While the budget of the palace will be fixed by the HoR, the King’s property will also be taxable.

Also gone will be the controversial provision giving the monarch discretionary powers in certain cases.The proclamation says all the laws and constitutional provisions contradicting with it would be considered void and any obstacles in implementing the proclamation will be solved by the HoR.

Cabinet Approves HoR Declaration

The cabinet this morning approved the HoR Declaration which will be tabled in Parliament later this afternoon. A meeting of the cabinet which took place at Prime Minister GP Koirala's residence, approved the declaration.

Prime Minister Girija Prasad Koirala will be presenting the declaration in parliament today.

Mainwhile Attorney General Yagya Murti Banjade has differed on the issue.

“This is not the supreme body and it cannot do anything as it likes,” said Banjade. He also said it should work and decide everything within norms and values. He also questioned the legitimacy of the much-expected declaration of the House. “How can the declaration get legitimacy?” he asked.

Banjade called on the government and the House to choose whether to bring a new interim constitution or to incorporate all the things which would come in the declaration from the House into the existing Constitution through amendment to the 1990 Constitution. Banjade was speaking at a programme organised by a number of NGOs on wednesday , including the Nepal Law Society. “People will not accept autocracy from any quarter,” Banjade said. “Unless the declaration is incorporated into the Constitution through amendment, how can we believe that it is part of the Constitution,” he asked. Banjade added that it takes time either to bring a new interim Constitution or to amend the existing one to legitimise the declaration.

Advocate Bhimarjun Acharya said that such a declaration of supremacy of the parliament is sheer violation of the rule of law. “This is nothing but undermining the rule of law and lacking in legitimacy,” he said, adding that it amounted to nothing different from the “King’s autocracy”.

Wednesday, May 17, 2006

SC issued show cause notices to Govt

The Supreme Court on Tuesday issued show cause notices to the government authorities the Prime Minister's Office and Cabinet and the Home Ministry and Kathmandu District Administration Office demanding reasons on why it detained former ministers of the royal cabinet Ramesh Nath Pandey and Shrish Sumsher Rana.

A single bench of Justice Tahir Ali Ansari issued the notices responding to habeas corpus petitions seeking the release of the two ex-ministers of the royal cabinet. The bench also told the authorities to attend hearing on Thursday about their detention.

The government detained them on the recommendation of the recently formed Rayamajhi Commission. The government had arrested the royalist ministers for allegedly holding secret meetings to thwart the Jana Andolan-II and suppress people.

However, the ex-ministers had moved the Supreme Court saying the government has detained them illegally. "The government has no authority to detain anyone merely by citing the sub-clause 3(1) of clause of the Public Security Act 2049 BS and accuse them of holding secret meetings," Tika Ram Adhikary said while filing the petition seeking the ex-ministers' release.

He also added that the government has violated the fundamental rights under Article 12 and 14 of the Constitution on the right to assembly and fair trail on any charge while detaining the former royalist ministers.

Tuesday, May 16, 2006

House Proclamation on Thursday

People have demonstrated in Kalanki at the capital Tuesday in protest of the delay in the proclamation of House of Representatives (HoR) to bring all political and military powers under the parliament.The protest by the people affiliated to the civil society and various political parties has come after the HoR deferred announcement of the House proclamation on Monday.

The expected decision could not be taken after the SPA leaders were divided over some of its key points including the possession of the Supreme-Commander-in-Chief post of the Royal Nepalese Army, sources said.The transport in the area and around the ring road has been affected by the tyres burnt on the road.

The protestors shouted slogans demanding that the HoR proclamation giving the parliament all the political power soon and bring the military under the parliament.

People also shouted slogans NC –D President Sher Bahadur Deuba for his supposed stand against scraping of the King from the post of "Commander in Chief" of the Army.

Meanwhile, Home Minister Krishna Prasad Sitaula Speaking at a press conference at his office at Singha Durbar said Tuesday that the government would present the much awaited House Proclamation 2063, at Thursday's sitting of the House of Representatives (HoR).

The government statement comes after scores of angry activists torched government-owned vehicles protesting the delay in presenting the proclamation, which curtails the power of the king.

"It has been delayed for two days due to the tradition of approving the decision by the Council of Ministers," said Sitaula.

Claiming that the proclamation would address the people's sentiments and aspirations of the pro-democracy movement and establish the people as sovereign and the source of state authority, Minister Sitaula appealed to the general public not to do "anything that would allow anarchists and anti-democratic elements to take advantage."

"We are in a transition phase. There is a possibility of anarchists taking advantage of such a situation," the home minister said, "At this hour, we should work united to protect the system."

He added that the proclamation would bring the army under the full control of parliament.
The Minister also said that the cabinet would be expanded "soon."

Nepalese student held after friend fatally shot at apartment

A Nepalese student studing at University of Indianapolis was charged with reckless homicide after authorities say he accidentally shot a fellow student to death outside an apartment.

Police arrested Subash Chandra Rai, 21, and charged him in Abolohom’s death, which police said resulted from an accidental shooting outside an off-campus apartment.Ghamdan Mohammed Abolohom, 23, was shot in the chest and died Sunday night at Wishard Memorial Hospital, Indianapolis police said.

Indianapolis police Maj. Lloyd Crowe said the men were friends and the shooting was an accident. Abolohom, who was from Yemen, was a senior with a double major in economics/finance and international business. Rai, a senior from Nepal, is majoring in economics.
The two men were friends, Indianapolis Police Maj. Lloyd Crowe said. Police are not releasing details of the incident, but Crowe said the shooting was an accident.

"The activity they were involved in with the gun was irresponsible," he said.

Abolohom participated in the May 6 commencement ceremony, Hall said, but still had one requirement to complete before formal graduation.

"The University of Indianapolis community is stunned and saddened by the tragic accident," he said in a statement released Monday. "Our thoughts and prayers are with both families.

Former ministers knocked door of the SC

Two different habeas corpus petitions were filed at the apex court, seeking the release of ministers of the royal government Ramesh Nath Pandey and Shrish Sumsher Rana today. Advocate Balkrishna Neupane’s assistant Tikaram Adhikary filed the petition seeking their release while accusing the seven-party alliance government of detaining the royalist ministers illegally.

“The government has no authority to detain anyone merely citing sub-section 3(1) of the Clause of the Public Security Act 2049 BS and accusing them of holding secret meetings against the sovereign people or the movement that caused the reinstatement of the House of Representatives.”

“This Act does not bar anyone from holding meetings. Hence, this is not a valid ground to detain anyone,” the petitioner said. He also added the government has violated their fundamental rights under Article 12 and 14 of the Constitution on the right to assembly and fair trial. Admitting the petitions, the SC has scheduled tomorrow for initial hearing on these.

House Can Overstep Statute: AG Banjade

Newly-appointed Attorney General Yagya Murti Banjade on Monday said the reinstated House of Representatives can go beyond even the existing Constitution, and as such, its acts would get legitimacy through people's mandate in whom sovereignty is vested.

"The House can work under the mandate of the people and there will be no questioning the legitimacy of its acts," Banjade said. "The people have the right to make and change any Constitution or law, and so there can be no questioning the legitimacy of the acts of the House," he added. He said that the House can declare anything, even against the Constitution, to limit the power of the King and make similar other decisions as needed.

"Such an act will get legitimacy from the jurisprudential point of view rather than any provision of the Constitution or any clause of any Act," Banjade said while addressing journalists after assuming charge as Attorney General on Monday.

It was a departure from tradition, as Banjade took the oath of office and secrecy from Chief Justice Dilip Kumar Paudel at the Supreme Court. Earlier, there was the practice to take oath of office from the CJ in front of the King in the royal palace.

Banjade also urged the government to call a session of the National Assembly in order to amend the Constitution.

"Political decisions don't always apply, so everything should be brought under law," he opined. He asked the government attorneys to work to make successful the government's roadmap for the election to a Constituent Assembly. Banjade pointed out that the King had reinstated the House according to the roadmap of the seven-party alliance, and thus had indirectly assented to an the election to the Constituent Assembly.

The AG assured that he would act to implement the Rayamajhi Commission report that would be prepared within two months, adding that those who killed and suppressed pro-democracy people during the royal regime would not be spared. "Mistakes of the past will not be repeated, as in the case of the Mallik Commission.

Govt Annuls Labour Ordinance

The King has on the recommendation of the Council of Ministers annulled the Labour (Second Amendment) Ordinance 2062 BS, in accordance with Article 72 (2) of the Constitution of the Kingdom of Nepal.

This is stated in a notice issued by the Press Secretariat of the King here on Monday.

Monday, May 15, 2006

AG Banjade sworn in

Chief Justice Dilip Kumar Poudel administered the oath of office and secrecy to newly appointed Attorney General (AG) Yagya Murti Banjade at the Supreme Court (SC) on Monday.

Breaking with the tradition, Banjade swore in at the SC. Earlier, the AG's swearing in ceremony used to be held at the Royal Palace in the presence of the king.

Banjade, a prominent lawyer, who has been practicing law for more than 30 years, was appointed AG on May 12 on the recommendation of the new all-party government.

Respect the Constitution:AG

Newly appointed Attorney General, Yagya Murti Banjade,on sunday urged the government to respect the Constitution.

He also said the government and the political parties should introduce an interim constitution because the country couldn’t remain functional for a long time without Constitution.

“The necessity of an interim constitution may not rise if the Maoists are ready to come for talks and to go to the constituent assembly soon otherwise an interim Constitution must be introduced,” Banjade said while speaking at a programme organised by Nepal Bar Association.He urged the government to respect the Constitution or everybody would start avoiding it. “If the executive is not fully respecting the Constitution others will also not abide by it,” Banjade added.

Judicial Commission recommends govt to suspend Malego

The high-level judicial commission formed to probe atrocities against the recent pro-democracy mass movement has recommended the government to suspend Director General of the Department of Information, Narayan Gopal Malego.

Malego has been accused of conniving in the abuse of national treasury by allocating funds for the National Federation of Journalists and discouraging a free press by implementing one-door advertisement policy.

He has also been accused of concealing official information of the government. Malego's continued hold on the post could mean giving him space to destroy evidence against him.

The government has already suspended nine security officials including three security chiefs and arrested five ministers of the royal government on the recommendation of the five-member high-level commission for misusing their posts, power and government resources to suppress the pro-democracy movement.

Sunday, May 14, 2006

Former Justce supports for Constituent Assembly

Former justice of the Supreme Court Laxman Prasad Aryal said the election to a Constituent Assembly (CA) would empower the people and prove that people are the real source of state power and authority.

Stating that the CA is the best way to draft a constitution, he said the same did not materialise even though late King Tribhuvan had publicly promised to go for the CA in 1952.

"People of Nepal were never empowered as they were not allowed to draft their own constitution," said Aryal, one of the makers of the 1990 Constitution, at a programme organised here by a group of engineers on Saturday.

He said that the King was forced to announce the revival of the dissolved House of Representatives and accept the roadmap of the seven-party alliance due to mounting pressure of millions of people across the country.

The way the King announced the proclamation on April 24 shows he has also agreed on the election to the CA, which has been mentioned in the alliance's roadmap and 12-point understanding reached with the Maoists."

He also appealed to the people to participate in the constituent assembly election campaign as it is not only for a certain political outfit, but for all the people of a free nation.

He said that all issues related to the new constitution must be discussed thoroughly in public forums before they are endorsed by the assembly. Aryal said an interim statute will be needed until a new statute comes into effect.

Parbat DEO Under CIAA Scanner

The Commission for the Investigation of Abuse of Authority (CIAA) has begun questioning district education officer of Parbat Bishnu Bahadur Dware and nodal officer Nagendra Raj Poudel over their alleged involvement in embezzlement of funds meant for the construction and maintenance of school buildings.

Though a complaint was filed at the District Administration Office (DAO) seeking action against the two for their involvement in the scam, the office sent them to the CIAA for investigation, chief district officer Hum Prasad Adhikari said.

The move was taken after a complaint was filed, seeking action against the two for embezzlement of funds meant for the construction 26 school buildings, six temporary classrooms, improvement of physical infrastructure of 16 schools and maintenance of 50 school buildings.

Demanding action against the two officers, students had blackened their face and handed them over to the DAO on Thursday. The DAO let officer Rudra Narayan Sapkota go as no complaint was lodged against him. Engineer Dinesh Thani, overseer Sailendra Chaudhari, Jaya Prakash Mandal and Arun Sinha are absconding.

Authorities of the concerned schools have accused the officials of gobbling up 20 to 50 per cent of the funds. Rs 3.2 lakh was allotted for the construction of school buildings, Rs1.1 lakh for the construction of temporary classrooms, one lakh rupees for physical facilities and Rs 25,000 for the maintenance of school buildings.

Saturday, May 13, 2006

Chief secretary Karki suspend

The government has suspended chief secretary Lok Man Singh Karki from his post.

A meeting of the Council of Ministers held at Prime Minister Girija Prasad Koirala’s residence at Baluwatar Friday evening decided to remove Karki along with nine senior security officials including the chiefs of the Nepal Police, Armed Police Force (APF) and National Investigation Department (NID).

The decision was taken after recommendation from the high-level judicial probe commission headed by former Supreme Court Justice Krishna Jung Rayamajhi.

Mainwhile ,Breaking the tradition, the newly elected Speaker of the House of Representatives (HoR), Subash Nemwang, took oath of office and secretary in the parliament on Saturday.

In the past, the Speaker of the HoR would be sworn in by the King at the Royal Palace even as the constitution of 1990 does not specifically mention by whom the Speaker should be sworn in.
Nemwang was elected unopposed to the post of Speaker of the reconvened parliament this morning. Deputy Speaker Chitra Lekha Yadav announced that Nemwang had been elected unopposed to the post.

Arrests of Ex Ministers Under Existing Acts Unwarranted: ACHR

The Asian Centre for Human Rights (ACHR) today urged the government not to misuse the Public Safety Act and the Public Offences Act against former ministers and uphold the rule of law.

This comes in the wake of the arrests of five former ministers Kamal Thapa, Ramesh Nath Pandey, Shrish Shumsher Rana, Tanka Dhakal, and Nikshya Shumsher Rana yesterday.

“While the dismissal of Inspector General of the Nepal Police, Shyam Bhakta Thapa, Inspector General of the Armed Police Force, Shahabir Thapa, and NID head, Devi Ram Sharma is indispensable to prevent destruction, tampering of evidence and misuse of official powers, the arrest of the ministers under the Public Safety Act is unwarranted,” Suhas Chakma, director of ACHR, said in a press statement today. “The government should have waited for the decision of justice Krishna Jung Rayamajhi Commission of Inquiry before making any arrest of the former ministers for alleged violations of human rights."

“The Public Safety Act and the Public Offences Act are instruments of the monarchy of Nepal that have been consistently used to suppress the pro-democracy uprisings. However, the democratic governments of Nepal failed to repeal these draconian acts and are presently using the same acts,” the statement said.

"The Inquiry Commission must bear in mind that all the illegal acts and human rights violations have been done under the leadership of King Gyanendra as the Chairman of the Council of Ministers and investigate the chain of command accordingly,” Chakma said in the statement.

HoR gets new Speaker

CPN (UML) lawmaker and former law minister Subash Nemwang has been elected to the post of Speaker of the House of Representatives unopposed on Saturday.

After the house resolved on Friday to hold election for the Speaker on Saturday, the Seven-Party Alliance (SPA) agreed to elect Nemwang as the Speaker.

Nepali Congress (Democratic) had been stressing that deputy speaker Chitra Lekha Yadav be promoted to the post of Speaker while UML had been demanding reservation for the post.

Friday, May 12, 2006

Govt Appoints Banjade AG

King Gyanendra today appointed Yagya Murti Banjade as the Attorney General of the kingdom on recommendation from the Cabinet. Advocate Banjade, is long time activist and sympathizer of Nepali Congress.

Few days before Advocate Banjade said that constitutional and legal amendments were equally important while restructuring the RNA.

In the case of RCCC Advocate Banjade argued that the RCCC is against the 1985 UN declaration on the independence of the judiciary and Covenant on Civil and Political Rights 1966. His argument was that a judicial tribunal and the persons responsible for delivering justice are required to be independent.

In the panchyat regime SC has made land mark decision in Yagya Murti Banjade's case. which is popular precedent for all the times.

Mainwhile The government scraped six ordinances introduced by the previous government.

Kamal Thapa Arrested

The government today arrested former Home Minister Kamal Thapa and handed him a 90-day arrest warrant for his role in using excessive force to suppress the people’s movement.Kamal Thapa has been sent to the detention centre at the Maharajgunj-based Police training centre.
Same as Ramesh Nath Pandey and Shris Shumshere Rana also have been arrested.

Same as Ramesh Nath Pandey and Shris Shumshere Rana also have been arrested.
Reports say an emergency meeting of the council of ministers on Friday decided to arrest former Ministers as per the Commission’s recommendation to take action against chiefs of security agencies and interior ministry on the basis of prima facie evidence.

The government has already formed a high-level judicial commission led by former Justice at the Supreme Court, Krishna Jung Rayamajhi, to probe into atrocities committed to suppress the ‘jana andolan.’The SPA was under tremendous pressure from the members of parliament and pro-democracy activists to take strong action against people said to be responsible for suppressing people’s movement 2006.

Nearly two dozen people were killed and thousands of others were injured when security personnel resorted to lathi charge, and fired tear gas shells and bullets to suppress the pro-democracy demonstrations.

Meanwhile, the Judicial Commission formed to probe the atrocities against the recent pro-democracy demonstrations has recommended the government to suspend all the four security chiefs- Chief of Army Staff, Inspector General of Police, Inspector General of Armed Police Force and the chief of the National Investigation Department.

An emergency meeting of the Council of the Ministers is underway at the Prime Minister's residence at Baluwatar following the Judicial Commission's recommendation.

Last update

In the latest news ,The government arrested former ministers Tanka Dhakal and Nikshya Shumsher Rana.Till now Five Former Ministers have been Arrested .The Kathmandu District Administration Office issued the arrest warrant against them following a directive from the Home Ministry. The five former ministers have been handed over 90-day arrest warrant for their role in suppressing the people’s movement.

They have been sent to the detention centre at the Maharajgunj-based Police Academy. All the former ministers have been arrested from their respective residences this afternoon.

Same as , the government has suspended the chiefs of Three security bodies including IGPs of Nepal police and the APF and the National Investigation Department.

Inspector General of Police Shyam Bhakta Thapa, Inspector General of Armed Police Force Sahabir Thapa and chief of the National Investigation Department Devi Ram Sharma have been suspended from their posts.An emergency meeting of the cabinet took the decision this evening.

Thursday, May 11, 2006

Top Maoist Leaders Released

The government this evening freed top Maoist leaders Matrika Yadav and Suresh Ale Magar from Nakkhu Jail on an order from the Patan Appellate Court.

The court ordered for the release of the Maoist leaders after the council of ministers decided to withdraw criminal charges leveled against them.

They were facing charge of murder of IGP of Armed Police Force, Krishna Mohan Shrestha, along with his wife and bodyguard in January 2003.

India had arrested and deported Yadav and Ale Magar in February 2004. They were reportedly arrested by Indian security personnel in Lucknow and later handed over to Nepali authorities. They were being kept under military custody since then and later made public only in September 2005.

Talking to reporters upon their release, senior leader of the CPN (Maoist) Matrika Yadav said his party won’t sit for negotiations with the government unless all the Maoist detainees were freed. He also alleged that the reinstatement of the House of Representatives was a ploy to “slow down” the people’s movement.

The cabinet had also discussed ways for releasing Maoist leaders CP Gajurel and Kiran Baidhya. Gajurel and Baidhya have been detained in India.

Earlier the government withdrew all cases filed against them. Speaking in today’s session of the House by taking time from the Speaker, Sitoula informed the house that letters for their release had been sent to the concerned authorities. Minister Sitoula also appealed to the Maoists to stop extortions and release government employees, including the CDO of Sarlahi, Bodhraj Adhikari. He also urged the rebels to stop holding march past in combat dresses. “These activities hamper the outcome of the talks between the government and the Maoists,” he said.