Royal Commission initiates action on 3,400 cases Kathmandu, June 11- The Royal Commission for Control of Corruption (RCCC) has initiated action into 3,400 cases among 3,679 complaints that were filed at the Commission. The Commission was seriously looking into the cases of tax evasion, delay in government offices, irregular contracts, owning massive property through illegal means, negligence of responsibility and irregularities done by high level government officials, spokesman of the Commission Prem Raj Karki said. The RCCC has found that the bureaucrats are working with sincerity in account settlement following the initiative of the Commission, Karki said. The Commission is investigating on the alleged irregularities in CTEVT, as per the complaints filed. The Revenue Department recently raided three business stores at the instruction of the RCCC that were suspected of tax evasion, Karki said. It has also cautioned the Customs Office at the Trivbhuvan International Airport to work according to the law and order. Among others shoes factory, tobacco factory, different distilleries including Tribeni distillery and Karnali distillery are under investigation on charges of tax evasion, the commission said. Supreme Court nod to govt to slap taxes Kathmandu, June 11-The Supreme Court on friday authorised the government to impose taxes on any sector even without getting a nod from the parliament. “If here is no parliament to promulgate law, the government has the authority to slap taxes if needed by issuing ordinances,” the apex court said today while settling a Public Interest Litigation (PIL). A three-member full bench of justices Min Bahadur Rayamajhi, Sharada Shrestha and Rajendra Kumar Bhandari, issued the verdict. “Since the imposition of tax is for meeting the government’s expenditure, the government has the right to impose and fix the level of taxes, if and when necessary,” the bench observed. The bench also said that the 1990 Constitution has adopted the principle of imposition of tax only after the parliament gives the nod. “The Constitution has said that tax can only be imposed only after discussion in the House of Representatives. However, any tax can be imposed on the basis of the necessity of the country,” the bench observed. The bench was responding to a PIL filed 10 months ago by advocates Binod Karki and Rajiv Banstola, challenging the government’s increment of taxes through ordinances frequently during the government of Sher Bahadur Deuba. Legal eagles had questioned the government’s action to increase taxes frequently. The advocates had challenged the imposition of taxes accusing the government of crossing the limits of the 1990 Constitution and claimed that the increment in taxes should be scraped by the apex court. The Cabinet Secretariat and the Ministries of Finance and Law, Justice and Parliamentary Affairs were the defendants in the PIL. CJ leaves for Bhutan Kathmandu june 10-Chief Justice Hari Prasad Sharma left for Bhutan on Thursday to take part in the Eighth Conference of Chief Justices of South Asian Countries and the 11th SAARC legal conference. The conference is scheduled to begin in Paro, Bhutan, from today. Earlier, speaking to journalists at Tribhuvan International Airport before departure, Chief Justice Sharma said the three day conference will discuss how to make law useful to the people and for development. He also said mutual exchange of experience will take place on how take enhance the faith of the people in the judiciary and on legal problems in development work and their resolution. Meanwhile, the King has designated Dilip Kumar Poudel, senior-most judge at the Supreme Court, to work as officiating chief justice during his (Sharma’s) absence. DAO act illegal: NBA president Thapa Kathmandu june 10-President of the Nepal Bar Association, in a reply sent to the Kathamndu District Administration Office (DAO), said the DAO’s letter to summon him was illegal. Shambhu Thapa has, moreover, suggested the DAO not to repeat such an illegal action. Urging him to reply within three days on why action shouldn’t be taken against him, the Kathandu DAO had Tuesday ordered the NBA president to furnish his statement as to why he led a rally in a restricted area on June 4. In the reply, Thapa said the march was held for the sake of democracy and people’s rights. The letter sent to Thapa by Kathamndu Chief District Officer (CDO) Sushil Ghimire stated that Thapa violated clause 6(3) of the Local Administration Act, 2028 BS by leading a rally in the zone restricted by the DAO for meetings, rallies, strikes and hunger strikes. Lawyers to stage protests Kathmandu, June 9 - The extended meeting of Nepal Bar Association (NBA) and its Advisory Committee on Wednesday decided to stage nationwide protests this coming Monday to denounce the act of the authorities asking for written clarification from NBA President, Shambhu Thapa over Sunday's peaceful rally in the capital. The meeting termed the act of seeking clarification from Thapa by the authorities as "unconstitutional and illegal", according to Tika Ram Bhattarai, an NBA member. The Kathmandu District Administration Office (DAO), on Tuesday, sought written clarification from Thapa over the peaceful rally staged by lawyers in "restricted areas" on Sunday. The meeting also termed the DAO move as being against the constitution, the prevailing laws of the land and international humanitarian laws. According to Bhattarai, all 83 NBA branches across the country will organize protest meetings on Monday afternoon. Court orders compensation for the victim of torture Kathmandu june 8-The District Court of Kathmandu has ordered the government to compensate a victim of torture in response to a case filed by the Centre for Victims of Torture (CVICT) on behalf of Arjun Raj Puri, a junior staff at the central jail in Kathmandu. This is the first court verdict to compensate torture victims after the royal move of February 1. Kathmandu district Court judge, Shambhu Bahadur Karki, ordered a compensation of Rs 35,000 to Puri. With legal assistance from CVICT, Puri had filed a case at the court against then Police Inspector at the Central Jail Bashudev Sharma Pandit for detaining him in his quarter and torturing him. According to Puri, Pundit detained him and gave physical and mental torture as he foiled Pundit’s efforts to rape a woman. The Court said it was not necessary to take departmental action against Inspector Pundit as he was already dismissed from the job for providing cellular mobile phone facility to notorious criminal, Charles Shovraj. In a statement, CVICT—a pioneer non-governmental organization that provides rehabilitation and legal services to torture victims—said though the tendency to torture people was on the rise after the onset of the Maoist insurgency, the tendency to seek legal treatment was still low. The organisation said various courts had ordered the authorities to provide compensation in 19 cases among 106 cases filed at the court demanding compensation to the victims of torture after the enforcement of the 'Torture Compensation Act eight years ago

Supreme Court order released Pokharel
Kathmandu june 8-In response to habeas corpus petition filed on his behalf Former minister and UML standing committee member, Ishwar Pokharel was released. The apex court had established Pokharel’s detention as 'illegal' and ordered his release.
Following the court’s order, authorities brought Pokharel to Kathmandu from Rajbiraj by a helicopter on Wednesday morning.
Pokharel was arrested in eastern Saptari district soon after the royal proclamation of February 1 and detained in Rajbiraj jail.
Police had re-arrested Pokharel as soon as he was released as per the court’s order in Rajbiraj.

Dr Giri’s must resign-NBA Kathmandu june 14-Lawyers have demanded immediate resignation of the vice-chairman of Council of Ministers Dr Tulsi Giri, alleging him of being a willful defaulter of a bank loan. According to the NBA, all 80 of its branches denounced Monday the ‘unconstitutional’ government and the ‘blacklisted’ vice-chairman of the Council of Ministers Dr Tulsi Giri and ‘unjust’ restrictions on mass meetings and rallies in certain areas of the capital. Nepal Bank Limited has blacklisted Dr Giri for not paying back the Rs 17.4 million loan. he had taken some 20 years ago. Lawyers take to streets Kathmandu, June 14 - Lawyers on Monday staged protests across the country to denounce the authorities asking for a written clarification from Nepal Bar Association (NBA) President Shambhu Thapa over the June-4 peace rally of lawyers in the capital. According to NBA General Secretary Madhav Banskota, all 80 NBA branches organized protest meetings. The protests were staged as the Kathmandu District Administration Office had asked Thapa for clarification over the peace rally in a prohibited area on June 4 when some 1,000 men in black coats marched through downtown Kathmandu, defying government prohibition and demanding peace and supremacy of the constitution. Police were present outside NBA premises in the capital when lawyers denounced the "unconstitutional" government, especially the "blacklisted" vice-chairman of the council of ministers Dr Tulsi Giri, and the "unjust" restriction on mass meetings and rallying in certain areas of the capital. Human rights activists and journalists participated in the protests. "We will not obey the unjust law imposed by a blacklisted person [Vice Chairman Giri]. We will keep on defying such bans and laws," Yogendra Bahadur Adhikari, Kathmandu District Court Bar president said. Advocate Hari Har Dahal dismissed the accusation against lawyers that they were acting as per the wishes of political parties. "We are not being guided by political parties, rather, political parties are following our footsteps," he said. Former NBA Secretary Subash Nemwang termed the act of the authorities as a cowardly attempt of "the autocracy" to attack lawyers. "He [Dr Giri] is accusing us of looking at the government with jaundiced eyes; in fact, he himself is suffering from black fever and has been blacklisted for not paying back a bank loan," he said. Govt are not cooperating SC Kathmandu, June 13 -The Supreme Court (SC) is launching its anti-backlog drive from May 22.Government agencies are not cooperating SC to deliver justice to the people. About 1,838 writ petitions filed before April 2004 have remained unheard in the court as different ministries, organizations and offices have not responded to the apex court orders issued in the preliminary hearing of the petitions. Altogether, 2,768 writ petitions are pending at the SC. The SC has set a one-year period for the settlement of all such petitions. However, at least six of the pending writ petitions are 10 years old. The SC administration is seriously monitoring the long-pending petitions and writing to concerned government ministries and offices for cooperation, 10 to 15 letters are being sent daily. But still government agencies not responding to repeated requests by the court for the required documents include the Secretariat of Cabinet and Council of Ministers ("the most uncooperative of the lot"), Ministry of Land Reform and Management, Ministry of Finance, Home Ministry, Police Headquarters, tax collection offices, Guthi Sansthan, municipal offices and district administration offices. SC can slap a paltry fine of Rs 50 each time the concerned offices fail to respond to each letter asking for the necessary documents. Similarly, existing laws authorizes the apex court to ask for clarification for "non-cooperation".

NBA boycotts CJ Sharma Kathmandu, June 4- Nepal Bar Association boycotted Chief Justice Hari Prasad Sharma while inviting Supreme Court justices to attend the national conference of its councilors. An infuriated Sharma took revenge by issuing a whip to all apex court justices to abstain from the conference, according to a court source. Following the whip, no justice from the Supreme Court attended the conference. But Dr Ram Krishna Timalsena, acting registrar and spokesperson of the court, however, denied that such a whip was issued. Timalsena attended the program. According to a NBA member, NBA, which has been demanding Sharma's resignation for the latter's political stance at an international forum in March, decided not to invite the chief justice deliberately.A national conference of over 600 lawyers, expressed serious concern over the eroding supremacy of the constitution, rule of law and the independence of the judiciary in Nepal in the post-February 1 period. The gathering also condemned the crackdown on independent media and curb on civil liberties. "Article 127 has been misused to curtail human rights, to destroy the constitution, and to derail the democratic and political process in the country," Senior Advocate Basanta Ram Bhandari said. Presenting an evaluation of the king's direct rule, advocate and former lawmaker, Subash Nembwang said, "Rule of decrees has replaced rule of law and autocracy has taken the place of the supremacy of the constitution." Nembwang asked, "If one terms this type of regime as rule of law, what then is the rule of the jungle?" Most lawyers who addressed the gathering lambasted the February 1 move, formation of the Royal Commission for Corruption Control and its functioning, violation of Supreme Court orders, arbitrary arrests, and rejection of writ petitions of public interest by the Supreme Court administration, among others. "Does the king assume legislative power to formulate laws according to this Constitution? Can the king and the Attorney General enact laws in absence of the parliament? I request the Attorney General to tell what is in the constitution to the king? Nepal Bar Association (NBA) President Shambhu Thapa argued. Attorney General Pawan Kumar Ojha was present at the gathering. Referring to the King's assumption of absolute power, Thapa said, "If the king likes to be a prime minister, I urge him to form a new political party and solicit the mandate of the people." Mocking the appointments of former administrator and army general in the RCCC, Thapa further sharpened his criticism and said, " Since the king has been doing anything he wishes by invoking Article 127, I urged him to appoint former army majors at the Supreme Court". Ojha, however, said "There is gap between national capacity and the democracy we have, which has caused problems. Our democracy faced this fate as we could not wear the coat of our size." "If one gives political color to our movement for the supremacy of the Constitution, rule of law and independence of the judiciary, let them do so. We will launch this type of movement come whatever may," former NBA President Harihar Dahal said. SC asks for documents on the Communication Corner case Kathmandu June 4-The Supreme Court on Friday has asked the government to present the letter said to have been written to the Ministry of Information and Communications (MoIC) asking it to close down the operations of a private radio programme production company.In a letter written to Communications Corner Pvt. Ltd.—a leading private company that produces and distributes radio programmes to over a dozen FM radio stations across the country—last Friday, the MoIC asked the Company to close down without citing any law."We have been informed in writing that your company is being operated illegally. Hence, you are asked to close down your operations," the Ministry said. It did not specify which agency had informed it about the company.Interestingly, the Ministry sent the copy of its letter addressed to the Communications Corner Pvt. Ltd. to the Ministry of Defense and District Administration Office, Lalitpur asking them to take necessary action (against the Company).A division bench comprising justices Ram Prasad Shrestha and Badri Kumar Basnet asked the government to produce the said letter to the apex court on Tuesday. Pleading on behalf of the Communications Corner, over half a dozen senior lawyers argued that closing down the company without any valid reason would be against the very notion of rule of law.The apex court is expected to decide whether to issue stay order or not on the case on Tuesday. RCCC written replies to SC Kathmandu, June 2-The Royal Commission for Corruption Control has told the Supreme Court that it is working as a trial court with special court powers.Submitting written replies before the apex court individually and collectively, chairman of the RCCC Bhakta Bahadur Koirala and its members Shambhu Prasad Khanal, Hari Babu Chaudhari, Raghuchandra Bir Singh, Prem Bahadur Khati and secretary Shambhu Bahadur Khadka claimed the RCCC is a court of law constituted by the monarch and has has the right to investigate corruption cases.Their written replies came in connection with a contempt of court case filed by advocates Madhav Kumar Basnet and Sudip Paudel, challenging the action taken by RCCC against Deuba and ministers of the dismissed cabinet regarding the PM’s relief fund misuse case which they claimed was subjudice when the RCCC interfered.Same as, the Supreme Court Bar Association Labeling the Royal Commission for Corruption Control (RCCC) as an "unconstitutional entity", has appealed to all its members to boycott pleadings before the "royal anti-graft" panel. NBA has already declared the formation of RCCC as "unconstitutional." SC issued show cause order Kathmandu, June 2 - The Supreme Court on Wednesday, ordered the government to furnish written reply regarding its closure order to Communication Corner (CC) Pvt Ltd, an independent producer and distributor of radio programs, to a network of commercial and community radios across the country. According to the order, the defendants - Ministry of Information and Communications, Ministry of Defense, and Lalitpur District Administration Office are required to furnish their replies within 15 days. Similarly, the court ordered the defendants to be present before the court on June 3 (Friday) to discuss why a stay order should not be issued against the government order to the radio program company. Last Friday, Ministry of Information and Communication, ordered CC to close down the office, alleging that the company is "being run illegally", a move that prompted the company's Managing Director Gopal Guragain to move the apex court over the legality of the order. Justice Khil Raj Regmi passed the order following pleas by 13 lawyers including Senior Advocates Basu Dev Dhungana, Radhe Shyam Adhikari, Shree Hari Aryal, Sindhu Nath Pyakurel, advocates Shambhu Thapa, Harihar Dahal, Subash Nemwang and Agni Kharel. Supreme Court bar asks lawyers to boycott RCCC Kathmandu, june 1 -A meeting of SCBA working committee, took a decision to this effect on Tuesday that Labeling the Royal Commission for Corruption Control (RCCC) as an "unconstitutional entity", the Supreme Court Bar Association (SCBA) has appealed to all its members to boycott pleadings before the "royal anti-graft" panel. The decision has come at a time when lawyers, civil society and political parties have been questioning the constitutionality and legality of RCCC, whichwas first formed during the state of emergency post-February 1. "The SCBA, since its inception, has seen it as detrimental to the prestige and honor of its members, who have been raising their voice for rule of law and human rights, to take part in pleadings before an entity already declared unconstitutional by SCBA itself," the SCBA said in a statement. The SCBA said this was against the inherent sprit and principles of the constitution, and laws relating to justice administration in the country.ormed a seven-party alliance to restore democracy and civil liberties. The statement signed by SCBA Secretary Indra Lohani further said, "We plead to all our members to boycott the so-called anti-graft commission." Nepal Bar Association (NBA) President Shambhu Thapa welcomed the decision and said, "I fully support the SCBA decision." NBA has already declared the formation of RCCC as "unconstitutional." According to the SCBA statement, the formation of RCCC is against Articles 84 and 85 of the Constitution. According to Article 84, powers relating to justice in the country shall be exercised by courts and other judicial institutions, in accordance with the provisions of this constitution, the laws and the recognized principles of justice. Similarly, Article 85 says that courts shall consist of three tiers - Supreme Court, Appellate Court and District Court. Besides, the Article has provision for establishment of special types of courts or tribunals for the purpose of hearing special cases, provided that no special court or tribunal shall be constituted for the purpose of hearing a particular case.

SC isKathmandu DAO summons NBA president over Saturday's rally Kathmandu june 7-The District Administration Office (DAO) of Kathmandu Tuesday sent a letter to Nepal Bar Association (NBA) president Shambhu Thapa asking him to appear before it with a written clarification, within three days, over the “violation of prohibitory orders” during a rally on Saturday. In the letter, Chief District Officer, Sushil Ghimire, said: “As the district administration has learnt that the group led by you carried out a rally in prohibited areas which goes against the Local Administration Act 2028 B.S on the basis of which the prohibitory orders were issued.” Alleging that the NBA chairman, instead of complying with the law and making others do the same, led his ‘group’ in defying legal orders, the DAO asked that why it should not take action against him. The Local Administration Act says the violators of prohibitory orders could be fined up to Rs.50. Although the NBA has not said anything officially over summon order yet, its vice-president Sher Bahadur K.C told Nepalnews that the NBA had taken it very seriously. “We have taken seriously the summon order from the district administration. There will be a meeting of central members and advisors on Wednesday will react to it.” Demanding supremacy of law, restoration of civil liberties and withdrawal of prohibitory orders enforced in parts of Kathmandu, over 2000 lawyers had marched the streets of Kathmandu Saturday morning. sues stay order against govt ban on Communication Corner Kathmandu june 7-The Supreme Court Tuesday issued a stay order asking the government not to implement its decree to close down the Communication Corner, a private radio program producer. A bench of justices Ram Prasad Shrestha and Rajendra Kumar Bhandari issued the order on a writ petition filed by company’s director Gopal Guragain on May 30. The court ruled that the letter of the Ministry of Information and Communication, signed by a section officer, ordering the closure of the Communication Corner appeared not to be in line with the law. The court asked the government not to go with its decree. Alleging that the company had been producing and distributing radio programs illegally, the ministry had on May 27 ordered its closure. National and international media groups had denounced the government order. US starts teaching RNA law lessons Kathmandu, June 7-Two instructors from the US Army monday began imparting a two-week-long course on International Law of Armed Conflict to officers of the Royal Nepalese Army (RNA) at the RNA Headquarters. Twenty-six local commanders of the RNA, officials from the army’s Human Rights Cell and chief of RNA’s local-level Human Rights Task Force are taking part in the course. Select media representatives had been invited to take part in today’s programme, but scribes who reached the venue had to return as the Army later decided to cancel their participation. Two instructors from the United States Defence Institute of International Legal Studies are conducting the programme, according to an army official participating in the course. “The course will focus on the international humanitarian law, including soldiers’ Rules of Engagement and other related human rights issues,” the official said. The group will also discuss cases of rights abuse allegations to understand them in the context of the international law of armed conflict.

Lawyers challenge Dr Tulsi Giri

Kathmandu June 6, Lawyers are angry with Cabinet vice-chairman Dr Tulsi Giri in his comments from the authorities regarding the resolutions adopted by the country’s professional lawyers demanded immediate dissolution of the Council of Ministers (CoM) headed by His Majesty King Gyanendra terming it as `unconstitutional.’
In one programme organise by reporters club most of the lawyers condemn today at Dr Giri in his version Cabinet vice-chairman Dr Giri has suggested lawyers to knock court doors to have their demands met, rather than taking to the streets addressing the annul assembly of district court attorneys of Mid-zone and Far-western regions in Kathmandu on Sunday
Advocate Harihar dahal said “To revive the dead parliament from the Supreme Court is impossible".
Advocate Radhaeshyam Adhikari told in the program that by which articles of the law that Dr giri become Cabinet vice-chairman .
President of NBA Shambu Thapa told that Cabinet vice-chairman Dr Tulsi Giri had not learn about rule of law in his life but still NBA can teach what is law if he came to study.

Government is unconstitutional: NBA

Kathmandu june 5- Nepal Bar Association (NBA) has demanded immediate dissolution of the Council of Ministers (CoM) headed by His Majesty King Gyanendra terming it as `unconstitutional.’
The annual general meeting of the Association – that concluded in the capital Kathmandu Saturday—held that HM King’s act of constituting the CoM under his own chairmanship and controlling executive powers through the royal takeover of February 1 “was completely unconstitutional.” Expressing regrets towards the continuation of such a government, the Association has demanded immediate dissolution of the incumbent government.
Over 1,000 delegates of the NBA from all over the country also extended their support to the major demand of the seven-party opposition alliance for the reinstatement of the House of Representatives that was dissolved three years ago.
“Since elections to the House of Representatives could not be held immediately due to the situation of insecurity in view of armed conflict in the country, there is a need to immediately reinstate the dissolved House in order to secure people’s rights,” the Association said.
The Association also demanded immediate dissolution of Royal Commission on Corruption Control (RCCC) terming it as ‘unconstitutional and against the principle of natural justice.’ The Commission also condemned the act of creating positions like zonal and regional administrators through ordinance ‘terming it as ‘unconstitutional.’
In its 17-point resolutions, the Association has demanded immediate release of all the political detainees, journalists and human rights activists, and has expressed its solidarity towards press freedom in the country.
The Association has also protested recent amendment in the National Human Rights Act through ordinance and proposed amendment in the laws governing country’s civil service.
The Association has also called upon both the state and Maoist insurgents to express their commitment towards minimum humanitarian laws and stop all forms of atrocities against civilians.
There have been no comments from the authorities as yet regarding the resolutions adopted by the country’s professional lawyers.

NBA boycotts CJ Sharma Kathmandu, June 4- Nepal Bar Association boycotted Chief Justice Hari Prasad Sharma while inviting Supreme Court justices to attend the national conference of its councilors. An infuriated Sharma took revenge by issuing a whip to all apex court justices to abstain from the conference, according to a court source. Following the whip, no justice from the Supreme Court attended the conference. But Dr Ram Krishna Timalsena, acting registrar and spokesperson of the court, however, denied that such a whip was issued. Timalsena attended the program. According to a NBA member, NBA, which has been demanding Sharma's resignation for the latter's political stance at an international forum in March, decided not to invite the chief justice deliberately.A national conference of over 600 lawyers, expressed serious concern over the eroding supremacy of the constitution, rule of law and the independence of the judiciary in Nepal in the post-February 1 period. The gathering also condemned the crackdown on independent media and curb on civil liberties. "Article 127 has been misused to curtail human rights, to destroy the constitution, and to derail the democratic and political process in the country," Senior Advocate Basanta Ram Bhandari said. Presenting an evaluation of the king's direct rule, advocate and former lawmaker, Subash Nembwang said, "Rule of decrees has replaced rule of law and autocracy has taken the place of the supremacy of the constitution." Nembwang asked, "If one terms this type of regime as rule of law, what then is the rule of the jungle?" Most lawyers who addressed the gathering lambasted the February 1 move, formation of the Royal Commission for Corruption Control and its functioning, violation of Supreme Court orders, arbitrary arrests, and rejection of writ petitions of public interest by the Supreme Court administration, among others. "Does the king assume legislative power to formulate laws according to this Constitution? Can the king and the Attorney General enact laws in absence of the parliament? I request the Attorney General to tell what is in the constitution to the king? Nepal Bar Association (NBA) President Shambhu Thapa argued. Attorney General Pawan Kumar Ojha was present at the gathering. Referring to the King's assumption of absolute power, Thapa said, "If the king likes to be a prime minister, I urge him to form a new political party and solicit the mandate of the people." Mocking the appointments of former administrator and army general in the RCCC, Thapa further sharpened his criticism and said, " Since the king has been doing anything he wishes by invoking Article 127, I urged him to appoint former army majors at the Supreme Court". Ojha, however, said "There is gap between national capacity and the democracy we have, which has caused problems. Our democracy faced this fate as we could not wear the coat of our size." "If one gives political color to our movement for the supremacy of the Constitution, rule of law and independence of the judiciary, let them do so. We will launch this type of movement come whatever may," former NBA President Harihar Dahal said. SC asks for documents on the Communication Corner case Kathmandu June 4-The Supreme Court on Friday has asked the government to present the letter said to have been written to the Ministry of Information and Communications (MoIC) asking it to close down the operations of a private radio programme production company.In a letter written to Communications Corner Pvt. Ltd.—a leading private company that produces and distributes radio programmes to over a dozen FM radio stations across the country—last Friday, the MoIC asked the Company to close down without citing any law."We have been informed in writing that your company is being operated illegally. Hence, you are asked to close down your operations," the Ministry said. It did not specify which agency had informed it about the company.Interestingly, the Ministry sent the copy of its letter addressed to the Communications Corner Pvt. Ltd. to the Ministry of Defense and District Administration Office, Lalitpur asking them to take necessary action (against the Company).A division bench comprising justices Ram Prasad Shrestha and Badri Kumar Basnet asked the government to produce the said letter to the apex court on Tuesday. Pleading on behalf of the Communications Corner, over half a dozen senior lawyers argued that closing down the company without any valid reason would be against the very notion of rule of law.The apex court is expected to decide whether to issue stay order or not on the case on Tuesday. RCCC written replies to SC Kathmandu, June 2-The Royal Commission for Corruption Control has told the Supreme Court that it is working as a trial court with special court powers.Submitting written replies before the apex court individually and collectively, chairman of the RCCC Bhakta Bahadur Koirala and its members Shambhu Prasad Khanal, Hari Babu Chaudhari, Raghuchandra Bir Singh, Prem Bahadur Khati and secretary Shambhu Bahadur Khadka claimed the RCCC is a court of law constituted by the monarch and has has the right to investigate corruption cases.Their written replies came in connection with a contempt of court case filed by advocates Madhav Kumar Basnet and Sudip Paudel, challenging the action taken by RCCC against Deuba and ministers of the dismissed cabinet regarding the PM’s relief fund misuse case which they claimed was subjudice when the RCCC interfered.Same as, the Supreme Court Bar Association Labeling the Royal Commission for Corruption Control (RCCC) as an "unconstitutional entity", has appealed to all its members to boycott pleadings before the "royal anti-graft" panel. NBA has already declared the formation of RCCC as "unconstitutional." SC issued show cause order Kathmandu, June 2 - The Supreme Court on Wednesday, ordered the government to furnish written reply regarding its closure order to Communication Corner (CC) Pvt Ltd, an independent producer and distributor of radio programs, to a network of commercial and community radios across the country. According to the order, the defendants - Ministry of Information and Communications, Ministry of Defense, and Lalitpur District Administration Office are required to furnish their replies within 15 days. Similarly, the court ordered the defendants to be present before the court on June 3 (Friday) to discuss why a stay order should not be issued against the government order to the radio program company. Last Friday, Ministry of Information and Communication, ordered CC to close down the office, alleging that the company is "being run illegally", a move that prompted the company's Managing Director Gopal Guragain to move the apex court over the legality of the order. Justice Khil Raj Regmi passed the order following pleas by 13 lawyers including Senior Advocates Basu Dev Dhungana, Radhe Shyam Adhikari, Shree Hari Aryal, Sindhu Nath Pyakurel, advocates Shambhu Thapa, Harihar Dahal, Subash Nemwang and Agni Kharel. Supreme Court bar asks lawyers to boycott RCCC Kathmandu, june 1 -A meeting of SCBA working committee, took a decision to this effect on Tuesday that Labeling the Royal Commission for Corruption Control (RCCC) as an "unconstitutional entity", the Supreme Court Bar Association (SCBA) has appealed to all its members to boycott pleadings before the "royal anti-graft" panel. The decision has come at a time when lawyers, civil society and political parties have been questioning the constitutionality and legality of RCCC, whichwas first formed during the state of emergency post-February 1. "The SCBA, since its inception, has seen it as detrimental to the prestige and honor of its members, who have been raising their voice for rule of law and human rights, to take part in pleadings before an entity already declared unconstitutional by SCBA itself," the SCBA said in a statement. The SCBA said this was against the inherent sprit and principles of the constitution, and laws relating to justice administration in the country.ormed a seven-party alliance to restore democracy and civil liberties. The statement signed by SCBA Secretary Indra Lohani further said, "We plead to all our members to boycott the so-called anti-graft commission." Nepal Bar Association (NBA) President Shambhu Thapa welcomed the decision and said, "I fully support the SCBA decision." NBA has already declared the formation of RCCC as "unconstitutional." According to the SCBA statement, the formation of RCCC is against Articles 84 and 85 of the Constitution. According to Article 84, powers relating to justice in the country shall be exercised by courts and other judicial institutions, in accordance with the provisions of this constitution, the laws and the recognized principles of justice. Similarly, Article 85 says that courts shall consist of three tiers - Supreme Court, Appellate Court and District Court. Besides, the Article has provision for establishment of special types of courts or tribunals for the purpose of hearing special cases, provided that no special court or tribunal shall be constituted for the purpose of hearing a particular case.

Deuba, Singh were sent to custodyKathmandu

May 31-Former prime minister and Nepali Congress (Democratic) president Sher Bahadur Deuba and former minister Prakashman Singh have refused to deposit bail as demanded by the Royal Commission for Corruption Control (RCCC) on corruption charges,were sent to custody .A RCCC bench today ordered Deuba, Singh and four others accused of corruption in the construction contract of the Melamchi Drinking Water Project to deposit Rs.5 million each as bail.Talking to reporters immediately after the commission’s verdict, the two leaders said there was no question depositing the bail demanded by the “unconstitutional body”.Deuba, Singh and four others - Tika Dutta Niraula, then secretary of the Ministry of Physical Planning, Dhruba Bahadur Shreshta, the director of the Melamchi Drinking Water Development Broad, deputy director Deepak Kumar Jha and Jip Chhiring Lama of Lama & Sharma Company, the contractor of the multi-million dollar project – were sent to custody after failing to deposit the bail.Dozens of supporters had staged demonstration in front of the RCCC office in Baneshwor when the commission was handing out the verdict this evening.

Communication Corner moves court against govt ban

Kathmandu May 31-Communication Corner Pvt. Ltd, a private radio program producer, Monday filed a case at the Supreme Court challenging the recent government order for its closedown.In the writ petition, Gopal Guragain, the director of the company, contended that the government order was against the law and that it came with an intention to curtail the media freedom. He demanded that the court issue an interim order against the government decree.Hearing on the case will begin from Tuesday.Saying that the company in question had been producing programs illegally, the Ministry of Information and Communication had on Friday ordered for its closure.The ban immediately drew widespread criticism from national and international media organisations from the human right groups to the civil societyQuestion on

constitutionality of RCCC

Kathmandu, May 29 - Chief of the Royal Commission for Corruption Control (RCCC) Bhakta Bahadur Koirala, on Sunday challenged lawyers to examine the constitutional legitimacy of the commission by going to the Supreme Court. As lawyer Matrika Niraula raised question over the constitutional basis of the commission, while pleading on behalf of four defendants on Melamchi Water Supply Project (MWSP) scam, Koirala retorted by telling Niraula not to waste time by talking about its constitutional base. "If you want to find the constitutional ground this is not the place to talk about it. You may go to the Supreme Court," he challenged. However, lawyers Niraula, Ishwori Chandra Sharma and Krishna Sapkota pleaded that it would be prejudicial to take action against the accused on the basis of an "inauthentic and inaccurate" report prepared by Harish Chandra Shah, an expert at RCCC. They also asked the commission to look into the reasons why the previous contracting company dismissed the construction contract during the time of the Surya Bahadur Thapa led government. At least eight legal practitioners are supposed to plead on behalf of the defendants.

Govt lawyers plead on Melamchi cases

Kathmandu, May 27- Two government lawyers from the Attorney General’s Office pleaded thrusday in support of the charge-sheet prepared by the Royal Commission for Control of Corruption (RCCC) against those indicted in the Melamchi corruption case.Rajendra Subedi and Tek Bahadur Ghimire pleaded on behalf of the RCCC today. Supporting the charge sheet of the RCCC investigation team, they pleaded before the bench to punish the accused as per the Clause 17 and 24 of the Corruption Control Act 2059.The lawyers demanded that the accused be kept under judicial custody till the case was finalised. The RCCC completed seeking explanation from former Prime Minister Sher Bahadur Deuba who has been implicated in the case.The lawyers argued that the denial on the part of the accused to furnish clarifications before the RCCC could be used as circumstantial evidence against them. They said that denying giving explanation on the charges by questioning the legality of RCCC did not hold any rationale because the leaders had earlier accepted the formation of governments under Article 127 of the Constitution. They must accept the fact that the RCCC has also been formed under the same Article, the lawyers said. RCCC investigationThe RCCC announced that the court proceedings had been declared open and those charge-sheeted in the case could seek the help of their lawyers to defend themselves. The lawyers hired by the defendants could not proceed with the preliminary hearing due to the lack of time. They will plead on behalf of their defendants Friday. As per the provision of open bench process of the Special Court according to Corruption Control Act 2059, the RCCC declared open the court proceedings today. The investigation team of the Commission had filed corruption cases against six persons including Deuba last week on charges of misappropriating Rs 376.1 million while awarding and receiving contract of the adit access road of the MDWP site. Other accused are former minister for physical planning and works Prakash Man Singh, the then secretary of the same ministry Tika Dutta Niraula, executive director of the MDWP Dhurba Bahadur Shrestha, deputy executive director Deepak Jha and Jip Tshering Lama, one of the contractors of the MDWP.The RCCC will decide on the cases at the end of the hearings that would probably last for another week.

"Proposed law misinterprets constitution" Kathmandu, May 26 - President of Nepal Bar Association, Shambhu Thapa, said Wednesday that the government's proposed media law misinterprets the constitution. Inaugurating a regional meet of new law-practitioners in Biratnagar, he requested all of them to play the role of social engineers in the changing context of society. Meanwhile, hundreds of journalists, human rights activists and law practitioners, protesting against the proposed media law, organized various programs in different parts of the country on Wednesday. In Biratnagar, Federation of Nepalese Journalists (FNJ) branch organized a discussion on democracy and press freedom. Speakers at the program said the proposed law is against the public voice. In Banke, law practitioners and journalists denounced the government's act of trying to snatch the rights of press freedom and freedom to express. SC stays admission to Sanskrit hostel Kathmandu, May 25 - The Supreme Court (SC), Tuesday, issued another interim order to the authorities not to admit new students in Tindhara Sanskrit Hostel till it issues another order. The court also ordered the authorities to furnish a written reply within seven days regarding the eviction of students from the hostel. Authorities had forced out students from the hostel on April 27, accusing them of indiscipline while staying at the hostel. The SC had issued a similar interim order to the authorities two weeks ago not to admit new students in the hostel till May 24. But the authorities defied the court's orders and took in new students last Sunday. SC orders Gagan's release Kathmandu May 25 - The Supreme Court (SC), on Tuesday, ordered the authorities, for the second time, to release student leader Gagan Kumar Thapa from what it termed"illegal detention", and warned the authorities that the continuation of illegal detentions in defiance of the court's orders is against the spirit of the Constitution. Earlier on May 5, the police had re-arrested Thapa from inside the Hanuman Dhoka Police Office, defying the SC order to release him. The 28-year old student leader had first been arrested on the night of April 26. "In fact, the detainee (Gagan) has not been released from illegal detention as per the court order (of May 5). Thapa should be released immediately as continuing to illegally detain him in defiance of the court order is against the fundamental objective of the constitution and against the laws of the country," said the order passed by Justices Min Bahadur Rayamajhi and Arjun Prasad Singh. The court also ordered the authorities to release Thapa in the presence of the district court. In Gagan's case, he will be released in the presence of a judge of Bhaktapur District Court as he has been detained in Kharipati, Bhaktapur. Meanwhile, the apex court on Tuesday ordered the government to furnish a written reply, within one day, regarding the re-arrest of former minister J P Gupta in defiance of court orders. The SC, on May 5, had ordered the government to release Gupta as he was being detained illegally.

Legal debate on RCCC meaningless’

Kathmansu, May 24 - Senior lawyers have suggested to the Nepali Congress (Democratic) not to move the court against the Royal Commission for Corruption Control (RCCC), claiming that there was no place for any legal and constitutional argument in the present context. "Since it has been formed on unconstitutional grounds but rather with a pre-conceived plan of cracking down on political activists, attempts to defend the leaders through facts, arguments and legal provisions will be futile," said Sambhu Thapa, chairman of Nepal Bar Association, while speaking at a consultative meeting of the party with lawyers.He also suggested the parties to go ahead with political protest programs. "It is completely a political battle, not a legal one," he added.Senior lawyer, Sindhu Nath Pyakurel, suggested the party not to defend the leaders officially but create massive pressure through the press and people to expose the ill-intentions of the government against political activists. "We, lawyers, should not boycott any forums, including the RCCC, but attend them instead and expose their unconstitutionality."Sher Bahadur KC, vice chairman of NBA, however, suggested knocking on the doors of the Supreme Court (SC) with a habeas corpus petition against RCCC's illegal detention of political party leaders. "Legal and constitutional battles at the Court and political battle in the streets should be carried out simultaneously," KC said. "Since the SC has not rejected habeas corpus cases, we can make the appeal." He, however, argued that the legal triumph was completely dependent on the success of the political battle.Former Attorney General, Badri Bahadur Karki, suggested the party make public all facts related to the Melamchi project and also make public opinions against the RCCC action. Former NBA chairman, Radheshyam Adhikari, also termed the RCCC as unconstitutional.(Courtesy : Kantipuronline.com)

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RCCC penalty to two forest officials
Kathmandu May 22-The Royal Commission for Corruption Control (RCCC) Sunday announced three-month jail term and Rs.50,000 penalty to two each Forest Department officers for corruption.
A bench of RCCC members Hari Babu Choudhary, Raghu Chandra Singh and Prem Babu Khati passed the sentence convicting Jamuna Krishna Tamrakar, director general of the department, and chief accountant Bhagiraj Ingnam of irregularities while finalising a ration contract.
The commission also recommended for departmental action on the part of two other officials working in the district forest offices of Kathmandu and Kavre for not fulfilling their duties correctly.
Tamrakar had left the RCCC office before the decision came while Ingman was arrested from the RCCC premises.
RCCC spokesman Prem Raj Karki told reporters following the decision that the commission had authority to arrest and detain those convicted of corruption.

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SC seeks govt clarification on ‘contempt of court’
Kathmandu May 19-The Supreme Court Thursday ordered the government to come up with clarification within 15 days as to why it was failing to obey the court rulings.
A single bench of SC Justice Arjun Prasad Singh issued the show-cause notice deciding on a writ petition filed by the Nepal Bar Association (NBA) on Wednesday. The NBA in its petition argued that the arrest of student leader Rajendra Rai from the court premises on Monday- even after the court order for his release- amounted to contempt of court.
Cabinet vice-chairmen Dr Tulsi Giri and Kirti Nidhi Bista, Home Minister Dan Bahadur Shahi and Inspector General of Police Shyam Bhakta Thapa opponents were made opponents in the writ.
The SC also ruled that the government present Rai before the court on Friday.

SC strictures on citizens’ detention KATHMANDU, Apr 1 - The Supreme Court has stated that it is "inappropriate" on the part of the state to arrest citizens in an arbitrary manner and strip them of their personal liberties in violation of the constitution and laws in the name of state of emergency. "It is inappropriate and unconstitutional to strip citizens of their personal liberties, arrest and detain them in illegal and arbitrary manner; to deprive a detainee from his right to being informed of the reasons of his arrest at the earliest possible, and meeting a lawyer of his/her choice; to refrain a detainee from his right to be presented before a judicial authority," the apex court said in its full text verdict of a habeas corpus case. The full text of the verdict was prepared Friday by Justices Anup Raj Sharma and Arjun Prasad Singh on the habeas corpus case of child rights activist Gauri Pradhan. Pradhan was released. It also said the declaration of emergency, and any order issued during an emergency period by the king, which remain effective as law throughout the emergency stretch, cannot limit habeas corpus since habeas corpus is an independent constitutional provision. The Supreme Court also ruled that only the chief district officer not the police can exercise the Public Security Act. Lawyers said that in many cases police have been found exercising the Public Security Act to detain supporters of democracy. Judicary has not dicided yet Kathmandu April 4 -As government has made decission to cut sunday holidays in Kathamndu from new year ,judicary has not dicided yet to cut sunday holidays in courts of kathmandu. The dicission of holiday in court of Kathmandu was made in 1995 by full courts . Judicial Council start investigation over judge Kathmandu April 4-Judicial Council (JC) has started investigation in alleged bribery by a sitting judge from today,after His Majesty King Gyanendra has sent the report to JC presented to him by the Royal Commission on Corruption Secretary to the Judicial Council, Kashiraj Dahal said today , that the Council has meet to investigate and probe into the case of alleged corruption involving judge of the Pyuthan district court, Birendra Kumar Karna, and form one man investigation commitee under justice Min Bahadur Rayamajhi .and he have to submit report in one month and then take necessary action agianst Birendra Kumar Karna, accordance with the country’s constitution and existing laws. Another contempt of court case Kathmandu, April 4 - Another contempt of court plea against the Royal Commission for Corruption Control (RCCC) and its chairman and members has been filed in the Supreme Court accusing the royal anti-graft panel of taking up a case already in consideration of the Supreme Court. A similar contempt of court case against the royal anti-graft panel was filed in the apex court last week regarding its action against the Pyuthan district court judge. Advocates Madhav Kumar Basnet and Sudip Paudel filed the fresh contempt of court plea at the apex court on Monday. Meanwhile, Basnet and Paudel also filed a writ petition in the Supreme Court today seeking the court to issue an interim order to stop the action initiated against six former ministers. Royal Commission detains four corruption suspects Kathmandu April 4-The Royal Commission for Control of Corruption (RCCC) Monday handed detention orders to four persons accused of embezzling government funds. The commission interrogated the director general of the Forest Department, Jamuna Krishna Tamrakar and the department’s chief accountant, Bhagiraj Ingnam, who were arrested on March 31 on graft charges. The commission sent both of them to custody following interrogation. The anti-graft panel also interrogated Purusottam Shahi, a divisional engineer at the Bagmati Irrigation Project who is accused of financial irregularities. The commission officials said they have confiscated Rs.300,000 ‘graft money’ from his house at Koteshwor. Shahi was arrested on March 31. He was sent to custody after interrogation. The commission also quizzed Ashok Jha who was arrested a few days ago while extorting money posing as a RCCC officer. He, too, was sent to custody. Similarly, Narayan Aryal, one of the 22 recipients of donation provided by some ministers of the ousted Sher Bahadur Deuba government during last Dashain festival, went to the commission to record his statement today. Dr Mohammad Mohsin, a minister of then Deuba government who had offered cash to Aryal as ‘Dashain donation’ paid bail on the latter’s behalf. Judicial Council investigates six judges Kathmandu, 4 April- Discussion has started in the Judicial Council to initiate action against six judges, Pyuthan District Judge Birendra Kumar Karna, for corruption and acts unbecoming of their position. The Council has formed an inquiry committee to investigate Judge Karna. Discussion has started in the Judicial Council on Humla judge Kedar Pyakhurel, Solokhumbu judge Ramesh Pokhrel, Bajura district judge Ganesh Panjiyar and Khotang distict judge Muktinath Sharma. Show cause agianst government Kathmandu, April 5- Today SC has ordered government to submit reason for stoping mobile telephone . The writ petition was filed by advocate Dinesh tripathi agianst government for stop mobile comunication after feb1,2005 . Advocate Dinesh tripathi argued that the government has acted ‘unconstitutionally’ and beyond stop mobile telephone SC order on RCCC case Kathmandu, April 5 - The Supreme Court Tuesday ordered its administration to present the case against Royal Commission for Corruption Control (RCCC) with the subjudice writ petition relating to the distribution of Dashain allowances by six ministers during the tenure of the last Sher Bahadur Deuba government. The SC's order was in response to a writ petition questioning the constitutionality of the actions initiated by RCCC against the six former ministers. A single bench of Justice Ram Prasad Shrestha passed the order in response to a writ petition that accused the RCCC of taking up a case that is being considered by the Supreme Court. Chief Justice lashes out at political parties Kathmandu, 7 April-Chief Justice Hari Prasad Sharma in his recent address ,said His Majesty the King took the 1 February initiative to teach political parties a lesson.Chief Justice Sharma also told a programme His Majesty enforced direct rule because the rule of political parties went beyond the rule of law.He said: ”When Maoists were conducting their activities in villages and remote places, political parties restricted their activities only to grabbing power and the prime minister’s chair. No effort was made to bring Maoists into the political mainstream.”Concentrating on political rather that judicial issues he said political parties were irresponsible and unrepresentative by dissolving parliament and local bodies and confined themselves only to making “ stable government” rpt “stable government”.The international community may be surprised by reports of the international media on recent developments in Nepal and added,” But the situation in Nepal is different. The efforts now are to eliminate terrorism, provide peace and security to the helpless, cleanse bad government and eliminate corruption.”Chief Justice Sharma said the King took over power and now people have some sense of peace. Many people in Nepal are watching what can be done to protect the people and the constitution at a time when the country was ablaze and unseen forces were, against the wishes of the state, playing games, he said.He said the judiciary should be the nation’s secure center at a time when it is encountering difficulties. SC issues interim order on Dhaunga’s petition The Supreme Court Thursday issued an interim order on a writ petition filed by Daman Nath Dhungana, former speaker of the House of Representatives, challenging the government restriction on him from going abroad.Dhungana, a senior advocate and one of the architects of the constitution of 1990, had moved the court last month after he was barred from boarding a flight for the United States where he was to participate in a conference on invitation. A single bench of Justice Min Bahadur Rayamajhi issued the interim order asking the government not to impose travel restriction on Dhungana and other human rights workers. Advocates Radheshyam Adhikari and Dinesh Tripathi had debated from Dhaungana’s side. His case remained stuck at the apex court as the debate whether to entertain writ petitions seeking legal remedy on non-suspended rights in the context of the state of emergency went on. The court had opened debate on the case following a ruling last week to accept writs concerning non-suspended civil rights. Yesterday in SC Kathmandu, April 7 - The Supreme Court on Thursday ordered the Royal Commission for Corruption Control (RCCC) to furnish a written reply on its probe into the alleged irregularities in the distribution of Dashain allowance, despite the fact that the case was being considered by the Supreme Court. As per the apex court order, the royal anti-graft body and its office bearers are required to send a written reply within 15 days through the Office of the Attorney General. Justice Min Bahadur Rayamajhi passed the order in response to a writ petition blaming the RCCC of taking up a sub-judice case, an act which is subject to contempt of court. Though an interim order was sought on the writ petition, the court did not pass any order to stay the probe in the distribution of Dashain allowances from the Prime Minister's Assistance Fund. The Fund is originally meant for the poor and helpless. Same as, SC has order to released for Kundan Raj Regmi ,President of Pasupati Bahumukhe Campus .Justice Kedar prasad Giri and JusticeKhil Raj Regmi has order in response to a writ petition.Kundan Raj Regmi was arrested by nepalese police few week ago. CJ Sharma under fire "The speech is no less than that of a political leader. As the head of the judiciary, he should not have given such a speech," a senior Supreme Court justice said, "He had vowed to abide by the constitution while taking the oath of office, which means he has vowed to be impartial. So, by delivering the speech, he has breached the constitution." Chief Justice Sharma, addressing a conference of the justices of Asia and the Pacific region held on March 20-24 in Australia, had defended the February 1 royal move and disparaged the political parties. He had also urged the international community not to criticize the royal move and support Nepal. The 19-point code of conduct of judges endorsed by the Supreme Court, the apex policy-making body of the judiciary, considers it unethical for justices to speak publicly on political issues. Same as President of Nepal Bar Association (NBA) Shambhu Thapa, on Friday, demanded resignation of Chief Justice Hari Prasad Sharma for the latter's political speech in Australia. "The political speech is extremely serious and objectionable. No Chief Justice should support emergency. He must step down," Thapa said addressing a program organized by Nepal Bar Association. On the occasion, Thapa expressed serious concern about the independence of the judiciary. "If CJ Sharma and other justices cannot defend the independence of the judiciary, they must resign." Kathmandu, April 8 - Chief Justice (CJ) Hari Prasad Sharma is under fire from jurists for "breaching" the constitution and violating the code of conduct of judges by delivering a "political speech" at an international conference held recently in Australia. RCCC receives nearly 1800 complaints Kathmandu April 9-The Commission for Control of Corruption (RCCC) has received a total of 17,74 complaints until Friday. Investigation on these complaints is underway, according to officials.Commission spokesman Prem Raj Karki told the media Friday that The commission will soon investigate into these complaints and investigators will be sent to fields to obtain evidences. Meanwhile, according to Karki, the commission is preparing to summon Dhruba Bahadur Shrestha, executive director of the Melamchi Drinking Water Project, for further explanation over financial irregularities while awarding contracts for the construction of the access road. Then secretary of the Ministry of Physical Planning and Works, Tika Dutta Niraula, and incumbent deputy executive director of the project have already been quizzed in connection with corruption.On Friday, the commission interrogated Shanta Muni Tamrakar, district forest officer (DFO) of Kavre, on suspicion of corruption during his stint at the Department of Forest.The Commission has already interrogated the director of the department, Jamuna Krishna Tamrakar, chief accountant Bhagi Raj Ingnam and Kathmandu DFO, Kamal Bhakta Shrestha on bribery charges. Jamuna Krishna and Ingnam are now out on bail. CJ Sharma ignores call to quit Kathmandu April 10- Chief Justice (CJ) Hari Prasad Sharma has said he was not disturbed by the demand for his resignation by some legal experts who have accused the CJ of failing to preserve the independence and dignity of the judiciary. CJ Sharma was in controversy over his speech in Australia where he defended the February 1 royal move. Responding to the recent reports on his speech in Australia, the CJ said what he spoke there was for the ‘sake of honesty.’ Sharma said this amid a program organized to felicitate him by Gautam Samaj in the capital on Saturday. Cases being registered against eight Maoists Kathmandu, April 11 -Government presented cases against three senior Maoist leaders and five workers demanding life-terms with confiscation of their property at the Patan Appellate Court Monday; the cases are being registered Tuesday.The charges are being filed against senior leaders Ram Bahadur Thapa alias Badal, Agni Sapkota and Prabha Kiran, Prakash Aditya, Ram Kumar Karki, Debi Prakash Dhakal, Nabaraj Dhakal and Ramesh Kumar Shrestha.Cases are being registered for their involvement in the murder of Jaya Bahadur Rawal.But legal sources said a case is not being filed against Drinking Water and Sewerage Dept Director General Hareram Koirala; investigation revealed he was not involved in the conspiracy to murder Rawal. RCCC again summons defiant six Kathmandu, April 12 -RCCC Monday again issued seven day notices to six persons who accepted dasain largesse from six ministers in the government of Prime Minister Sher Bahadur Deuba in 2004 to present themselves before the Commission. The Commission said Tulsi Khanal, Chetraj Bajal, Kumar Rai, Indramani Adhikari, Deepak Kumar Bista , Bhikari Mansur, Harkha Bahadur Bista and Dutta Bahadur Rokaya had disregarded summons.The Commission Monday again questioned six ministers. His Majesty appoints judgeKathmandu, April 12- His Majesty the King has, in accordance with the Constitution of the Kingdom of Nepal-1990 and on recommendation of the Judicial Council, appointed Additional Judge at the Appellate Court, Surkhet Cholendra Shumsher JB Rana the judge of the same court.This is stated in a notice issued today by the press secretariat of His Majesty the King Concern over independence of judiciary Kathmandu, April 12 - Legal experts have expressed serious concerns over declning supremacy of the constitution and the independence of the judiciary, and called on all to unite to preserve the 3rd estate of the country. Speaking at an interaction on Tuesday, they blamed the orders and decisions taken by the government after February 1, the arrest of a judge by a non-judicial body, and Chief Justice Hair Prasad Sharma for bringing the judiciary to a state of questionable repute. They also accused the chief justice of violating the constitution and code of conduct of judges by giving a political speech in support of the king, at an international conference on March 20. They were speaking at an interaction entitled "Independence of the Judiciary and Supremacy of the Constitution" organized by all bar units of Kathmandu valley. "Independence of the judiciary, rule of law and the very preamble of the constitution have been mocked in recent days," former law minister Subash Nemwang, who is also a CPN-UML leader, concluded. He asked the chief justice to tell the people which article, in his opinion, allows the king to assume executive powers. Besides, he asked, "He must explain to the people on which constitutional ground he supported the king's move." Nemwang also claimed that people cannot get justice now in cases questioning the legality and the constitutionality of the government's post-February 1decisions and orders. He further questioned, "Why can't the same code of conduct that applies for the Syangja district judge be applied for the chief justice?" He was referring to the case of Syangja district court judge Chitra Dev Joshi against whom a probe has already been begun. Judge Joshi has been accused of misconduct for his alleged "political" speech in a public program in Syangja three months ago. Former Supreme Court Justice Laxman Prasad Aryal warned of a big crisis ahead for the judiciary as it is trying to function as per the directives of the executive. "All the constitutional infrastructures have now been destroyed," he asserted. Speaking on the same occasion, Senior Advocate Radhe Shyam Adhikari predicted that attacks on the judiciary would increase if the judiciary keeps on showing its incompetence to resist such attacks. Justice Lamsal to retire 20 April Kathmandu, 14 April- Supreme Court Senior Justice Bhairab Prasad Lamsal will retire 20 April after reaching superannuation age, vernacular daily Nepal Samacharpatra reports.He is retiring one and a half months before the retirement time fixed by the Judicial Council.The Council had fixed his retirement date 31 May. Movement of Dhungana restricted Though the Supreme Court (SC) had issued notice not to bar former speaker of the House of Representatives and rights activist Daman Nath Dhungana to fly anywhere within the country, security forces stationed at the Tribhuvan International Airport (TIA) Thursday barred Dhungana from flying to Pokhara. According to a statement issued by the Human Rights Organization of Nepal (HURON), Dhungana was stopped at the TIA from flying to Pokhara. On April 7, the SC had ordered the authorities not to bar Dhungana from going abroad or anywhere within the country. RCCC officials not to take pension Kathmandu, Apr. 15: The office-bearers of the Royal Commission for Control of Corruption (RCCC) have decided not to take pension from the government since the date they assumed office.The decision was taken after concluding that it would not be proper to continue receiving the pension amount as a monthly remuneration and other allowances is provided for the office-bearers working for the Commission, it is learnt.The Commission chairperson Bhakta Bahadur Koirala and members Shambhu Prasad Khanal, Raghu Chandra Bahadur Singh and Haribabu Chaudhary are pensioners of His Majesty’s Government.The office-bearers had joined the Commission on February 21. The Commission was constituted on February 16, 2005. Same as, Jamuna Krishna Tamrakar, director general of the department of forest and Bhagirat Ingnam, chief accountant of the department reported to the Royal Commission for Control of Corruption (RCCC) Friday.The commission had released them on bail on April 6 after seeking explanation in connection with the alleged corruption at the department.Similarly, Purushottam Shahi, divisional engineer of the Bagmati Irrigation Project reported to the commission who was also released on bail on the same date after seeking explanation on charges of alleged corruption, the commission said. Investigations of two judges start Kathamndu, April.16-The one-man committee headed by Supreme Court Justice Min Bahadur Rayamajhi formed to investigate into the cases related to Syangja district judge Chitra Dev Joshi and Pyuthan district judge Birendra Kumar Karna has started its work.According to the Royal Gazette of April 11, Joshi has been accused of failing to uphold the code of conduct of a judge. Joshi had resorted to impropriety and indecency while speaking at a public meeting organised on the occasion of Prithvi Jayanti and National Unity Day on January 11.Similarly, judge Karna was caught red handed by the Royal Commission for Control of Corruption while accepting Rs. 20,000 to set free two persons convicted of robbery in Pyuthan district.The Judicial Council had formed the committee on April 4 to investigate into the cases, Kashi Raj Dhal, secretary of the council, said. Former minister refuses to appear before RCCC Former minister and leader of Nepali Congress (Democratic), Prakash Man Singh, has refused to appear before the Royal Commission for Control of Corruption (RCCC) questioning its constitutionality. In a statement issued on Monday, the former minister said "since the unconstitutional RCCC came into being with an ill-intention of character assassination of pro-democracy leaders and is completely directed by political biasness, I have decided not to appear before the RCCC." Singh further said, "There had been no irregularities and international norms had been fulfilled while awarding the contract." The RCCC on Monday had called Singh to appear before it for interrogation in connection with alleged corruption whhile awarding contract for the construction of the multi-billion rupee Melamchi Drinking Water Project. It is the first such incident when a political leader has refused to appear before the RCCC since it was set up on 16 February this year. The Commission enjoys powers equivalent to a special court. Critics, however, say empowering the Commission with the authority to investigate, prosecute and punish a culprit on charges of corruption is against the basic norms of rule of law. Legal professionals across the country decried the Commission last month for arresting a sitting judge at the District Court of Pyuthan on charge of corruption. As per the country's constitution, only a judicial council can probe into alleged irregularities committed. Royal Commission summons ex-PM Deuba Kathmandu April 19 -The Royal Commission for Control of Corruption (RCCC) Tuesday issued summon order to ousted prime minister Sher Bahadur Deuba for interrogation in connection with ‘arbitrary distribution of Dashain expenses’ during his tenure.According to media reports, Deuba has been asked to appear before the commission within 24-hours. Deuba, according to commission officials, is also likely to be interrogated for irregularities in selecting the contractor for the construction of the access road of Melamchi Drinking water Project. but Deuba reject that summon order to recive. Deuba is the most senior political figure to be summoned by the anti-graft body since its formation two-and-half months ago. The commission has already interrogated six ministers of then government led by Deuba for disbursing ‘Dashain expenses’ to their party cadres and relatives from the Prime Minister’s Relief Fund. The six former ministers – Purna Bahadur Khadka, Dr Mohammad Mohsin, Yuba Raj Gyawali, Hom Nath Dahal, Badri Mandal and Jog Mehar Shreshta - and the beneficiaries of Dashain were released on bail after several rounds of questioning. On Monday, the commission had summoned then physical planning minister Prakash Man Singh, a leader of Deuba’s party, the Nepali Congress (Democratic), for interrogation on suspicion of irregularities in the Melamchi project. Singh, however, refused to appear before the commission, insisting that the commission was up to harassing political opponents. Former minister Gupta freedKathmandu, 19 April- Former minister Jayaprakash Prasad Gupta was freed Tuesday evening after a Supreme Court order earlier in the day, vernacular daily Nepal Samacharpatra reports. A two-man bench of the Court ordered Gupta’s release. Gupta was arrested 12 February after a public security offence notice was served on him Experts for resignation of CJ Sharma, NHRC chief Khatri Kathmandu, April 19 - Legal experts here have demanded the resignations of Chief Justice Hari Prasad Sharma, and chairman of National Human Rights Commission (NHRC) Nayan Bahadur Khatri, for their respective stances at separate international fora on human rights, emergency and politics. Chief Justice Sharma, addressing an international conference in Australia, defended the king's move of February 1. Likewise, NHRC chairman Khatri, addressing the ongoing UN conference on human rights in Geneva, defended the poor human rights records of the country, and supported the emergency in which most of the fundamental rights stand curtailed. The remarks of the chief justice and NHRC chairman have drawn severe flak from pro-democratic forces. "Both should resign for their remarks," Shambhu Thapa, president of Nepal Bar Association (NBA), said Tuesday. He was addressing a talk program on "Emergency and Human Rights", organized by NBA branch at Patan Appellate Court. Former Supreme Court Justice Laxman Prasad Aryal said that the human rights situation has deteriorated since February 1. Human rights activist and Senior Advocate Bishwa Kant Mainali, accused the government of violating the constitution. "The present rule is not guided by the constitution. It is a rule of decrees," he said. The Supreme Court and NHRC have become committee institutions of the government. Another Senior Advocate Radhe Shyam Adhikari questioned the constitutionality of the ongoing emergency. Human rights activist Subodh Raj Pyakurel, informed the gathering that killings had increased by 67 percent after February 1. CPN-UML leader Subash Chandra Nemwang, urged the Supreme Court to punish those authorities who have disobeyed the apex court's orders. He was referring to the case of Senior Advocate Daman Nath Dhungana, who was prevented from leaving the country despite a Supreme Court order to authorities not to enforce travel restriction on Dhungana. Writ against the ban on FM news broadcasts Kathamandu April 20- writ petition has been filed at the Supreme Court challenging the government’s decision to impose ban on the news broadcasts over the FM radio stations in the country. In his petition registered at the apex court on Tuesday, central committee member of the Federation of Nepalese Journalists (FNJ), Binod Dhungel, has questioned the constitutionality and legality of the government’s ban on broadcasting news, interviews and discussion programmes etc. for a period of six months after the imposition of the state of emergency on February 1. Dhungel, a radio journalist, argued that the said order was in contravention of the National Broadcast Act 2049 B. S. and regulations and right to equality and right to life (livelihood) guaranteed by the country’s constitution. He ahs also demanded that the court declare null and void the said order. Preliminary hearings on the case are to take place on Wednesday. FM radio station operators say the government’s ban has had adverse impact upon over 50 private and community radio stations around the country. They say hundreds of journalists have lost their jobs following the government ban. SC issues show-cause notice on ban on FM newscasts The Supreme Court issued show-cause notice to the government, asking for clarification on the ban on news programs on F.M radios Wednesday. A single bench of Justice Arjun Prasad Singh passed the decision based on a writ petition filed by Binod Dhungel, a journalist. The court asked the government to come up with an explanation before Monday. The court also summoned the defence attorney for consultation regarding the further proceedings of the case. Dhungel in his writ filed on Tuesday had argued that the a directive of the Ministry of Information and Communication issued on February 2, banning the F.M stations from airing news and opinion programs, was against the provisions of the constitution, the National Broadcasting Act (2049 B.S) and the Broadcasting Regulation 2052 (B.S). The petitioner had demanded an interim order to end the ban. Over 1000 radio journalists have been rendered jobless following the government ban on news programs on F.M radios. Boycott courts till Chief Justice quits: Lawyers Kathmandu, April 21-Senior advocates and former presidents of the Nepal Bar Association (NBA) yesterday urged the lawyers’ umbrella organisation to launch protest programmes, including boycotting of courts, demanding the resignation of Chief Justice Hari Prasad Sharma.Speaking at a programme organised by the NBA seeking the lawyers’ suggestions on the steps to be taken regarding the CJ’s actions, the legal eagles urged the NBA to take stern action against the CJ and demand his resignation for failing to protect the independence of the judiciary.“The NBA should launch programmes to boycott the courts till he is ready to step down,” former NBA president Harihar Dahal said. He suggested launching of other protest programmes, too.One of the drafters of the 1990 Constitution and former speaker of the House of Representatives, Daman Nath Dhungana, said, “Our president has already sought his resignation, now we have to launch other protest programmes to put pressure on him.”Former minister of law, justice and parliamentary affairs Subash Chandra Nembang said, “Unless we boycott the courts, he will not be ready to resign.” Senior advocate Shreehari Aryal suggested boycotting the CJ but not the entire judiciary. Senior advocates Sindhu Nath Pyakurel and Khem Narayan Dhungana were firm there should be no compromise saying they cannot accept a CJ who had lost the public’s confidence. Senior advocate Ratanlal Kanaudiya said the CJ’s speech in Australia was objectionable.Senior advocate Bishow Kanta Mainali, who was with the CJ in Australia, said the CJ did not give him a copy of the text of his speech even after several requests.At the end, NBA president Sha-mbhu Thapa said the NBA would set a deadline for Chief Justice Sh-arma to resign. “After it expires, we will be compelled to launch pro-test programmes.” Same as ,Supreme Court Justice Bhairab Prasad Lamsal was superannuated Wednesday.Lamsal prepared a dossier on the assets of politicians and officials as head of a high-level judicial commission; the dossier is the basis of action for unaccountable wealth of politicians and officials.Justice Lamsal retired after a 43-year service on reaching 65 years.Justice Kedar Giri has been appointed member of Judicial Council, the Supreme Court said. Ex-Minister Prakash Man Singh arrested Kathmandu, April 21-An influential minister o, Prakash Man Singh, is arrested today from his residence in the aftermath of defiance to the warrant of Anti-Corruption Royal Commission.Policemen from nearby Sorakhutte post raided Singh's residence at Chaksibari at 10:20 A.M and arrested him. Right after his rigorous defiance, he had been kept under close watch. Cops led by an inspector took Singh, central member of Nepali Congress (Democratic), in a van and submitted to the Commission. Singh would be interrogated this afternoon and led to the custody, Commission sources say.Meanwhile, Royal Commission has been making fleeting preparations to arrest dethroned Primeminister Sher Bahadur Deuba, doing the same as to Singh. Deuba, likewise, defied the warrant. Both had been called for interrogation into the issue of Melamchi Project.Elsewhere, Congress (Democratic) is holding its central Committee meeting from the early morning.The meeting, primarily fixed on the agenda of sturdy movement for democracy, is known to take a feverish mood after Sing's arrest. SC directs govt to enact laws on untouchability Kathmandu April. 21: The Supreme Court directed the government to enact the relevant laws that would address the problems of the so-called lower caste people (dalits) as per Article 11(4) of the Constitution of Nepal 1990.The government has been instructed to enact the laws after considering different national and international treaties.The court issued the instructions after responding to the public interest litigation (PIL) filed by the Lawyers National Campaign Against Untouchability, which has sought court orders to formulate suitable laws and regulations to abolish caste discrimination and untouchability.A special bench comprising of Justice Min Bahadur Rayamajhi, Khil Raj Regmi and Balaram K. C. issued the order today. SC provide Compensate flood victims Kathmandu, April 22 - The Supreme Court on Thursday ordered the Royal Chitwan National Park (RCNP) to provide compensation to 685 families living in the buffer zone who were affected by floods in the Rapti River. The Rapti River has affected about 2445 bighas of land yet the people have not been provided compensation though the park requires RCNP to rehabilitate the victims of any natural disaster within the park area from the buffer zone fund. The park's income sustains the fund. But the park has not done so for the last one decade, the court observed. A division bench of Justices Dilip Kumar Paudel and Badri Kumar Basnet passed the order. Former Bar president barred from flying internal Kathmandu April 23- Former Bar president hariharDahal Barred from flying to pokhara today.Security personnel stationed at the internal airport, Kathmandu , barred Advocate Harihar dahal ,who was going to pokhara in one progamme . Same as yesterday Three legal professionals including a drafter of the country’s constitution from flying to New Delhi on Friday. Security personnel stationed at the country’s only international airport, TIA, barred former Justice at the Supreme Court, Laxman Prasad Aryal, president of Nepal Bar Association Shambhu Thapa and constitutional lawyer, Bhimarjun Acharya, from flying to New Delhi. According to Acharya, the trio were scheduled to fly to Delhi aboard Cosmic Air at 7:35 a. m. Friday. Security personnel inquired them for about an hour and allowed them to board the aircraft. But without explaining any reasons, the aircraft was denied leaving the Tribhuvan International Airport for nearly an hour. It was only after Aryal, Thapa and Acharya were off-loaded from the aircraft that the plane was allowed to fly. This is the first such incident when eminent professionals have been off-loaded from the plane unceremoniously.Show cause notice on pre-marital blood-testKathmandu, April.22-The Supreme Court issued a show cause notice on Friday to the government including Ministry of Health on the case demanding the enacting of laws to allow people marry only after they presented a blood- test certificate testifying that they were free from HIV/AIDS.A single bench of Justice Anup Raj Sharma issued the notice in response to a public interest litigation (PIL) filed on April 13 by Januka Bhaittrai, Chairman of Divyshwori Society today.The PIL was filed seeking the court’s order to formulate law and provision as per the Marriage Chapter of the Civil Code 1963 where the bride and groom have right to know the health and hygiene of each other in detail before their marriage. But the chapter was not effective due to lack of suitable law, the writ has stated. NBA for resignation of CJ Sharma, Kathmandu, April 25 - An organaistion of Legal experts, Nepal Bar association (NBA) have demanded indirectly the resignations of Chief Justice Hari Prasad Sharma yesterday , respective stances at separate international fora on human rights, emergency and politics.in the meeting of NBA ,the exucative Member of NBA has demanded of chief Justiceresignations Chief Justice Sharma, addressing an international conference in Australia, defended the king's move of February 1. "He should resign for their remarks," Shambhu Thapa, president of Nepal Bar Association (NBA). Legal experts have expressed serious concerns over declning supremacy of the constitution and the independence of the judiciary, and called on all to unite to preserve the 3rd estate of the country. looted in judge house Kathmandu April-26, Some unindetinfied person in mask with armed weapen has looted judge Ramji tirpathi's house in Tanglafat, Kirtipur yesterday night. Around 8 pm they came to judge's house and put all the people of the house in one room and took all the money and jwellery. Judge Ramji thipathi was in surkhet with his family .No detial has geven about the looted amount. Maskey gets prison term of six monthsBHARATPUR, April. 26: The Internal Revenue Office Bharatpur yesterday reached a verdict on the case brought against Sri Distillery which has been accused of non payment of tens of millions of rupees in revenue.According to the verdict, a total of Rs 872,979,200 is payable by the distillery in excise and other duties.Similarly, first manager of the distillery Mathura Prasad Maskey has been fined Rs. 5,000 and given a prison term of six months as per the Excise Act 2015.If the revenue payable is not paid within 15 days, it will be raised from the distillery’s frozen assets. Former PM Deuba presented at the RCCC Kathamandu April 27-Former PM Deuba has been taken to the Royal Commission on Corruption Control (RCCC) office at Naya Baneswore at 11:15 a.m. Source said former PM Deuba was brought in vehicle plated Ba 1 Jha 6758, with police escort to the RCCC office. There were a few Deuba supporters chanting slogans against the RCCC who dispersed when the police arrived. Deuba was arrested early Wednesday morning around 2 from his house by plainclothes security personnel. The Commission on Tuesday had summoned the former premier to appear before them within 24 hours to inquire about a contract regarding the construction of a tunnel of the multi-billion rupee Melamchi Drinking Water Supply Project during his tenure. Deuba, however, refused to appear before the Commission challenging its constitutional and legal status. Last Thursday, the Commission detained Deuba’s colleague and a former minister, Prakash Man Singh, who also refused to appear before it in the same case. The Commission has since sent Singh into a week-long custody. Same As,A week after his release, security personnel, Tuesday, took into custody former minister Jaya Prakash Prasad Gupta from his residence in Sinamangal, Kathmandu. Gupta was released following a Supreme Court order on April 19. Reports citing his family sources said plainclothes security personnel arrested Gupta from his residence at Sinamangal at 6:30 p.m. citing 'highlevel -orders.' The reasons for his arrests are not known. A former minister and NC leader, Gupta has formed a separate party representing the Terai people. SC Bar’s memo to CJ Kathmandu, April 28 - The Supreme Court Bar Association submitted a letter of memorandum to Chief Justice Hari Prasad Sharma at the latter's office Wednesday, expressing concern over the independence of the judiciary due to Sharma's political stance in Australia last month. In the memorandum, the SCBA has stated that Sharma's speech in Australia in March 20 violated the principle of the independence of the judiciary, supremacy of the constitution, and principle of the rule of law. CJ Sharma, addressing an international conference of chief justices from Asia and the Pacific, had given a political speech, supporting the king's February 1 move as well as disparaging political parties. The speech has been criticized by all sections of society. Nepal Bar Association (NBA) has already demanded that CJ Sharma step down. According to NBA, the CJ's political stance has questioned the independence of the judiciary. Deuba refused to answer the questions Former prime minister Sher Bahadur Deuba refused to answer the questions asked by the Commission for Corruption Control (RCCC) Thursday. Deuba who was arrested in a raid early Monday was presented before the RCCC investigators this afternoon but he refused to speak to them, challenging the constitutionality of the anti-graft panel. Sources said RCCC officers Prem Raj Karki and Rajendra Pokhrel had tried to interrogate Deuba. He even refused to have tea and launch at the RCCC office. After failed attempts to make him answer the questions over the purported corruption while selecting contractors for the Melamchi Drinking Water Project during his tenure and the alleged misappropriation of government funds while distributing ‘Dashain allowances’ to party cadres, the commission today sent him to 7-day judicial custody. Deuba’s health is said to be deteriorating as he has been boycotting food provided by the RCCC at the detention centre at Police Academy, Maharajganj. Writ for Upper House meeting presented Kathmandu, April 29 - A writ petition has been presented before the Supreme Court, seeking an order for calling a meeting of the National Assembly (Upper House) to decide the extension of the state of Emergency. According to the Constitution, extension of the state of Emergency is possible only with the approval of either the House of Representatives (HoR) or, in its absence, by the Upper House of parliament. It means that if the government wants to extend the ongoing emergency, approval of the Upper House is required as per the constitutional provision. But the Upper House has not been given any role since 2002. Advocate Dinesh Tripathi, writ petitioner, claimed that he was told that the petition would be rejected Thursday. SC seeks reply on Thapa's arrest kathmandu, April 30 - The Supreme Court on Thursday ordered the Home Ministry to furnish written reply within 48 hours on the arrest of student leader Gagan Kumar Thapa. Thapa was arrested in a pre-dawn raid at his hideout at Sorhakhutte on Tuesday while he was asleep. Two other student leaders were also arrested along with Thapa. Justice Balram KC passed the order in response to a habeas corpus writ petition seeking Thapa's release. He was hiding in a friend's house to evade the possible arrest.

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