New Civil Service Act 2062 provisions on scientific basis ? Kathmandu, July 19- Government has brought Civil Service Act 2062 through Ordinance to make the civil service sector more competent and service oriented, said Minister for Information and Communication Tanka Dhakal Monday.Speaking at a programme organised at the Department of Information, he said that civil service mechanism should be pro-people and result-oriented but the erstwhile governments had manipulated civil service for political gains. He said, “Civil service is like a permanent government but frequent changes in governments and unethical political interference affected the civil service.”He said that the government has tried to correct the past mistakes in other sectors besides the reform in the civil service act. In this connection, a high level committee has been formed to study the problems of bonded labors, landless and squatters. Another separate high level committee has been formed to study and to eliminate the problems surfaced in supply process in the Kathmandu Valley.The new act has made new provisions including promotion, vacancies, new recruitment, transference, succession, punishment, perks and benefits, retirement and voluntary retirements , new provision of positive discrimination to promote women, indigenous people, dalits and differently able people claim the Minister for General Administration Krishna Lal Thakali . This act has made these changes • Right to form union goes By this new Act, made a provision for the operation of no association or union of the civil servants in the country other than as specified, no matter whatever is written in the existing law of the Kingdom.• Throwback to Panchayat days There was a ban on unions during the Panchayat regime. • Low-level staff to be on contract The new ordinance has envisaged to take in staffers like peons, drivers and sweepers on a contract basis. This new act has also Take pension entitlement from those joining government service from now on away. However, this does not apply for the time being to the army and the police. The ordinance also authorises a committee to recommend names for the post of secretaries three times more than vacancies. Any civil servant acquiring a permanent citizenship in a foreign land would be automatically removed from service, the ordinance states.Most of the civil servent has made their deep concern agianst this act reports.

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Robber arrested Kathmandu july 18- Police has arrested Lila Bahadur Lama who robbed Everest Bank and other financial institutions, reports said .He went on a looting spree as Gaurab, Valley convener of CPN (Maoists).Police picked him from Jaya Nepal Chitraghar while he was watching a movie.Police said, during investigations, it came to light Lama also looted Rs one million from Kantipur Finance and Rs 300,000 from Golcha Organization.Lama was absconding after looting three million rupees from Everest Bank. Same as, The Valley Police has launched a campaign to apprehend suspicious persons walking during the night. Deputy Inspector General of Police, Krishna Basnet, at the Valley Police Office said the campaign is aimed at making the Valley free from crimes. In the last two days, police have taken 90 persons into custody.In Sorakhutte Ward Police Office, has 45 persons in its custody and that, they would be freed after necessary interrogation finishes in three or four dayssaid the officer. Meanwhile, Kamal-pokhari Ward Police Office arrested two persons of a gang, which was involved in a series of looting incidents in Kathmandu. Police said Binod Rai (27) of Bhojpur and Prem Poudel (22) of Banke were arrested from Kumarigalli while they were fleeing with some looted money. They both were living in Maitidevi. Police seized four gold chains, a nickel chain, one gold necklace, one earring, one silver ring, US $300 and Rs 700 from them. During the interrogation they admitted that the property in their possession was looted from a person at Kalopul.

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Chief Justice Opens Pilot Court

Kathmandu, July 17-Chief Justice Hari Prasad Sharma yesterday inaugurated the Pilot Court in the capital as part judicial reforms financed by the United Nations Development Programme (UNDP).Under the latest step, the Kathmandu District Court (KDC) has been turned into a pilot court.Present on the occasion were UNDP Resident Representative Mathew Kahane and the Chief of Office of High Commissioner for Human Rights (OHCHR) Ian Martin.

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10-day jail-term Kathmandu, July 15-The Kathmandu District Administration Office today gave the go-ahead to Kathmandu District Police Office to keep the six student leaders, who were arrested yesterday, in custody for 10 days under the Public Offence Act. The six — NSU’s Pradip Poudel, Narayan Bharati, BP Regmi, Pushpa Shahi and Saroj Thapa and ANNFSU’s Thakur Gaire — were arrested during a protest rally at Baneshwor yesterday and are kept at Singha Durbar Ward Police Office, Anamnagar. Meanwhile, a meeting of eight student unions gave a three-day ultimatum to the government to release the six. The unions have said they would take strong measures if the six leaders were not freed by Monday. Police helps conwoman flee from courthouse Kathmandu, July 15-Goma KC who was produced before the Kathmandu District Court yesterday by Maharajgunj Ward Police Office, fled from the court with the help of the same policeman who had brought her to the court. Goma, who stood to face a yearlong jail-term, was produced before the KDC for cheating Devendra Shrestha. Immediately after she was produced in court, constable Chandra Bahadur Bhugel helped her slip out before formal proceedings could begin. “She fled with the help of police constable Bhugel before the court proceeding could start,” Devendra’s lawyer Tara Bahadur Shrestha told repoters. “After fleeing from the court, she telephoned from her mobile phone and threatened me,” Devendra said. “On her mobile, she told me that she was ready to pay back Rs 1 lakh and asked me to settle the case out of court,” he added. Registrar of the KDC, Balabhadra Banstola, confirmed that Goma had fled from the court but added that the court was not responsible for her flight. “The police did not formally produce Goma nor was the letter of the Ward Police Office submitted to us. Thus, we are not responsible,” he added. A contrite constable Bhugel turned up at the Ward Police Office this morning, apologising for his mistake and pleading that Goma had cheated him. “He reported that Goma took him to her room yesterday and fled this morning,” said Inspector at the Ward Police Office, Basanta Kumar Thapa, adding that action against Bhugel has been initiated.The KDC and Patan Appellate Court had convicted Goma for her not returning the Rs 3 lakh that she had taken from Devendra. A defiant Goma had crowed even after the conviction that no one could send her to jail as she was the sister of former minister Bal Bahadur KC.

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RCCC grilling on CIT cases Kathmandu, July 15-The Royal Commission for Corruption Control (RCCC) Thursday started seeking explanations from the executive director of the Citizen Investment Trust (CIT) Nandahari Sharma, deputy manager Shushil Kumar Sharma and debtor Nisha Thapa.The investigation team of the Commission has filed cases, as per the Clause 17 of the Corruption Control Act 2059, against the three on charges of being involved in irregularities while issuing and taking loans from the Trust, the RCCC said.The CIT had issued about Rs. 50 million to debtor Nisha Thapa four months ago when she already was in the list of defaulter of the Standard Finance Company and Siddhartha Bank from where she had taken loan amounting Rs. 40 million and Rs.20 million respectively.The collateral, a piece of land at Putali Sadak, that was used for the CIT loan had already been deposited in the Standard Finance Company and Siddhartha Bank and the land was about to be auctioned by the finance company to recoup its loans.The investigation also found that Thapa had even taken Rs. 4 million loan from Harati Cooperatives with the same land as surety and the money was used to pay the interest to the finance company. The debtor has found that she has taken loan by creating shadow company named B N Supermarket and the CIT officials were found guilty of providing her the loan knowing that the land was used as collateral in another company. They are charged of misusing the deposits of the civil servants, the Commission said.The issuance of the loan was also against the criteria of the CIT Act 2047, the RCCC said. All three are under judicial custody.

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Three arrested including chief of Lagani Kosh

Lalitpur, 14 July- RCCC Wednesday arrested three persons, including Executive Director of Nagarik Lagani Kosh, for misappropriating Rs 50 million, Kantipur reports.Executive Director Nandahari Sharma, Investment Department Chief Sushil Prasad Aryal and creditor Nisha Thapa were arrested.

KDC to be a pilot court
Kathmandu, July 14- The Kathmandu District Court (KDC) will turn into a pilot court , with assistance from the United Nations Development Programme (UNDP) to strengthen the rule of law in the country.According to the KDC registrar, Balabhadra Banstola, all necessary infrastructure has been developed to announce the KDC as a pilot court.According to him, the KDC would be the seventh pilot court in the country and the first pilot court in Kathmandu Valley.

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KDAO warned against defiance Kathmandu july 13-Saying the Kathamndu District Administration Office (KDAO) defied its order while furnishing details in regard to a habeas corpus, the Supreme Court (SC) has sought clarification from Sushil Ghimire, Chief District Officer (CDO) of Kathamndu, within 24 hours. “Clarify why action should not be taken against officials who have been defying orders of the apex court,” stated the SC letter dispatched to the KDAO on Tuesday. On June 15, the SC had questioned KDAO’s process to prosecute a Maoist suspect Chin Bahadur Gurung. SC has alleged the KDAO of violating Article 95 of the constitution by not furnishing the details as demanded by the SC in connection with a habeas corpus seeking the release of Gurung. Producing details on Gurung, the KDAO had claimed that he had been taken under preventive detention on charge of his involvement in terrorist activities

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SC stays RCCC order to slap VAT on Birgunj medical college Kathmandu July 13 - The Supreme Court (SC), on Tuesday, ordered the Royal Commission for Corruption Control (RCCC) and the tax office based in Birgunj to stay its order to National Medical College Pvt Ltd for payment of value added tax (VAT) till the court settles the case. On June 21, the RCCC had ordered the Inland Revenue Office, Birgunj, to collect Rs 3.7 million rupees from the medical college, alleging that the college had not cleared its VAT for the last five fiscal years. Justice Sharada Prasad Pandit passed the stay order in response to a writ petition filed by Basaruddin Ansari, managing director of the medical college. The court also ordered the RCCC and Birgunj Inland Revenue Office to furnish their respective written replies regarding the order to the medical college.

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SC issued stay order Kathmandu July 12-The Supreme Court on Monday issued stay order to the government and Nepal Telecom (NT), state owned telecommunications Company, not to carry out work relating to CDMA telephone service till July 18. Responding to public interest litigation, SC Justice Paramananda Jha issued the order. The SC said it would decide whether or not to extend its stay order on July 18. The NT has launched CDMA based basic telephone (C-phone) services in Kathmandu valley, on the occasion of His Majesty’s birthday. The service is to begin in Kathmandu by November. According to NT officials, the NT has planned to distribute a total of one million C-phone lines throughout the country by 2008. In the first phase, it would distribute 100,000 lines in Kathmandu and 75,000 lines each in Bhairahawa and Biratnagar. Same as, SC issued show cause order in the case of jurisdiction and opening district and appellate court .Advocate rajeeb bastola has filed the case saying opening district and appellate court in justice administration act 2048 is contradictory to the constitution .justice parmandan jha issued the order.

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Nepali seeks justice in Malaysia Kathmandu, July 11 - A Nepali man, wrongfully jailed for 51 days and whipped on "baseless" charges in Malaysia, is seeking justice in Kuala Lumpur, the Malaysian capital. Mangal Bahadur Gurung, 30, of Arughat (Gorkha district,) was wrongfully detained on March 15 during an Ops Tegas operation by Rela personnel and sent to Semenyih Detention Center, despite producing valid passport and other supporting documents proving his status as legal, according to Sunday Mail newspaper, published from Kuala Lumpur. At the time of his arrest, Gurung was fighting a legal battle for unpaid wages from Deen Café and Restoran Raya, both owned by the same employer, for whom he had worked for some 16 months since he reached Malaysia on September 3, 2003. Later, he was sentenced by the Petaling Jaya magistrate's court on March 23 to 10 months' jail and ordered to be given one stroke of the rotan (punishment by whipping) for entering the country "illegally". However, his conviction was subsequently set aside on May 12 when it was proven that he was innocent of all charges. He was assisted by a human rights NGO named Tenaganita in fighting the legal battle. At a press conference on July 5 in the Malaysian capital, Tenaganita director Dr Irene Fernandez urged the Malaysian government to make a public apology to Gurung. Gurung told journalists at the press conference that the 51 days he had spent in prison was tortuous. "It was a nightmare," he said. "I want the Malaysian Government to compensate me for all the pain I went through. "It's not about money. It is about justice. I don't want anyone else to suffer the same ordeal. If I were to just let the matter rest, more migrant workers would be taken advantage of," he added. Anyway, Gurung was given RM 13,000 (about Rs 247,000) plus plane tickets to travel home, by his employers as unpaid wages on June 14.

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RCCC Asks Govt to Form Panel Kathmandu, July 10-The Royal Commission for Corruption Control (RCCC) today directed the Ministry of Physical Planning and Works to form a committee to calculate the cost of access road to the Melamchi Drinking Water Project (MDWP) by studying its geographical situation and related documents.A three-member bench of RCCC members Hari B Chaudhary, Prem Bahadur Khati and Raghu Chandra B Singh ordered that the committee will comprise three senior government engineers and it will submit its report within seven days.Former prime minister Sher Bahadur Deuba, former minister Prakash Man Singh and officials of the MDWP have been accused of irregularities while awarding contract to the CCENC-Sharma and Lama JV for Rs 950 million.The RCCC officials arrested Deuba on April 27. Deuba and Singh are still in custody for refusing to submit the bail amount while MDWP officials were released on bail on May 31.The committee has also been asked to compare the contract procedures of the MDWP with the International Contract Bidding.

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RCCC’s Melamchi scam hearing from Sunday

Kathmandu , July 9- The Royal Commission for Corruption Control (RCCC) has stated that investigations regarding the scam concerning the approach road to the tunnel of the Melamchi Drinking Water Project and testimony in that connection have been completed.Spokesman of the Commission Prem Raj Karki said that the accused would be presented before the Commission hearings on Sunday and a decision on the case might be expected the same day.Former Prime Minister Sher Bahadur Deuba, the main accused in the case, and then Minister for Physical Planning and Works Prakash Man Singh are currently in police custody while the remaining persons accused in the case have each been released on a bail of Rs. 5 million.The Commission has stated in its preliminary investigation report that approximately Rs. 380 million has been misappropriated in the awarding of the contract for the construction of the Projects’ tunnel approach road.Similarly, the Commission has stated that the 20 high-ranking administrators who are facing corruption cases have been asked to submit their property particulars to the Commission for investigation into the cases.

SC warns govt against unlawful and arbitrary arrests

Kathmandu, July 9 - The Supreme Court (SC) has "warned" the government against unlawful and arbitrary preventive detention and arrest of citizens, reminding the latter of its commitment to national and international laws guaranteeing people's civil and political rights.Justices Min Bahadur Rayamajhi and Balram K C passed the warning-cum-order in response to a habeas corpus petition filed by Legal Aid Project of Nepal Bar Association on behalf of Sonam Tamang and Radip Lama, both from Ramechhap.
SC has also ordered the government to abide by the procedures established by the law while arresting a person to be kept in preventive detention under clause 9 of the Preventive and Destructive Activities (Control and Punishment) Ordinance - TADO. It means that authorities cannot detain anyone unless there are "believable, justified and sufficient grounds".
"Such acts [detention of citizens] in violation of the constitution, the government's international commitment and strictures on detention set by the SC will be taken seriously by this court," the apex court said in its full text judgment prepared recently.
SC has also reminded the Home Ministry not to arrest and re-arrest anybody in defiance of the court order, reminding the government of its duty vis-à-vis the fundamental rights of citizens.
"The Supreme Court is the guardian of the fundamental rights of citizens, while the government is the protector of those fundamental rights. To see the protector of people's rights [government] violating fundamental rights of a citizen by detaining him repeatedly is inexcusable," the court said in its judgment.

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Civil service act amended Kathmandu, 8 July-The council of ministers has approved the controversial draft of a civil service act 2049 to be promulgated by ordinance, Nepal Samacharpatra reports.A meeting of the council of ministers approved the draft Wednesday; it was prepared by the Ministry of General Administration, a source at the Ministry said Thursday.The provision for a professional organization for civil servants has been suspended in the controversial draft; officials can be sent to a reserve pool indefinitely. Order made before writ Kathmandu July 8- Supreme court had made order before writ petition was inter the court, daily Kantipur reports. Justice Ram nagina singh and Sharada shrestha has issued such order in the case of one cooperative Ltd On the case of the Shahara saving and investment co operative society Ltd, Sarlahi, the writ was came in the court on June 9 but the disision was made one week before the writ came in the court, on 1 June . the petition was about the legality of the working committee of that cooperative Ltd . it was know ,Former law minister nagendra kumar ray was made working president by that order of the SC said in the reports.

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France asks Nepal to expedite Sobhraj’s trial
Kathmandu, July 7 - Concerned at the Nepali court's inordinate delay in hearing the appeal of criminal Charles Sobhraj, France has asked Nepal government to expedite the trial of Sobhraj, news reports .
The French embassy in Kathmandu sent a letter to Ministry of Foreign Affairs, requesting the government to ask the judicial authorities to conclude the appeal hearing "within a reasonable period of time," The Himalayan Times daily reported on July 5.
The letter dated June 20 also said since according to Sobhraj's lawyers "doubts could be expressed" regarding some of the documents produced to charge him with the double murder, the case should be examined accordingly, according to reports.
Charles Sobhraj, 62, a notorious criminal accused in a string of murders of young Western tourists, was arrested on September 19, 2003 in Kathmandu.Sobhraj, nicknamed "The Serpent" for his cunning escapes from the law, has been in the wanted list in Nepal for the 1975 murders of a young American and a Canadian.Sobhraj is believed to have committed the murders of Laurant Armant Carierr of Canada on December 21, 1975 and that of Conijo Broniz of the United States on December 23, 1975, before absconding from Nepal.
The Kathmandu District Court convicted Sobhraj of murder and slapped a life sentence of 20 years after nearly a year-long trial.Sobhraj is in prison in Kathmandu since his arrest in September 2003.

Appeal court with out judge
-by reporters
Dipayal July 7- From three month, there is no case hearing in the appellate court Dipayal, absence of the judges . Only judge Jageswhor sudedi on duty and for hearing the judges have to be two .More than 100 cases been effected .Appellate court Dipayal hear appeal of Bajhang , Acham ,Bajura ,Kailali and Doti .
This cost a lot to the people to came court and have to return empty with out hearing their cases says local people .Not more cases have been registered and people use to came Supreme court for the writ .This also makes local advocate jobless said .

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Chief Justice appointment row : Nation may see an Acting CJ
Kathmandu, July 6- High-ranking officials in the government and the judiciary are mulling appointing an Acting Chief Justice, as chances of selecting the next Chief Justice seem remote under the circumstances. A high-ranking government official told this daily that if the Constitutional Council cannot conduct any meeting in the absence of a prime minister in the country, an Acting Chief Justice might be selected. “If there is no way to select a Chief Justice, there might be an Acting Chief Justice,” he added. Speaker of the House of Representatives, Tara Nath Ranabhat, has said it would be unconstitutional to hold a meeting of the Constitutional Council in the absence of the Prime Minister. Government officials and some in the judiciary have started homework to appoint an Acting Chief Justice, an official close to the incumbent Chief Justice Hari Prasad Sharma said today.According to him, Sharma today held a meeting with the chairman of the Nepal Law Reform Commission, Niranjan Thapa, who advised the CJ to suggest any senior justice at the Supreme Court as the Acting Chief Justice. Thapa today met Sharma in the CJ’s chamber this afternoon and advised him to activate Article 87 (4) of the 1990 Constitution which provides authority to the King to designate an Acting Chief Justice. “If the office of the Chief Justice becomes vacant, or the Chief Justice is unable to carry out the duties of his office due to illness or any other reason, or his being outside of Nepal, His Majesty may designate the senior most Judge to act as the Acting Chief Justice,” the article states.When contacted, Thapa said he did not want to say anything. However, senior most justice of the Supreme Court Dilip Kumar Paudel said: “Officials the Constitutional Council should work properly while selecting the next Chief Justice. Nobody has contacted me on the issue”. If seniority is given priority to select the next CJ, according to the Constitution, Paudel should be the CJ. Speaker Ranabhat, who is the ex-officio member of the Council, however, said today there would not be any Acting Chief Justice for a long time. He also said there is no option but to appoint a Prime Minister to activate the Constitutional Council.
Courtesy : Himalayan Times

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Jailed for abusing girl by reporters Hetauda july 6--District judge Bishnu prasad paudel delivered the verdict against 25 years old Navaraj Bk Residence of Hadikhola VDC 5, sentenced to a 7-year jail term for raping a girl .Half of his property has also given to the victim girl. Navaraj found guilty in raping 13 years old sister in law.

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All detentions after the royal takeover were illegal: Experts Referring to court verdicts over the last five months, leading lawyers and legal experts have said all the political arrests after the royal takeover of February 1 were “illegal.” In response to habeas corpus petitions filed by hundreds of political activists, students and professionals around the country since the imposition of the state of emergency on February 1 this year, the Supreme Court and Appellate Courts have held such detentions as illegal and have ordered immediate release of the detainee. The government has failed to justify even a single case of preventive detention during this period, experts said. “The Supreme Court, responding to habeas corpus writ petitions filed on behalf of the detainees, has made it clear that putting people under house arrest or behind bars after seizure of power by the king were pure violations of the rue of law in the Kingdom,” senior advocate Radheshyam Adhikary, who is also a member of the National Assembly, told Nepalnews. “The release of Narahari Acharya, Krishna Pahadi and Basu Koirala is the government’s self-realization of its past mistakes,” he said. Saying that civil liberties were still under siege, Adhikary urged the government to lift all restrictions on civil liberties suspended even after withdrawal of the state of emergency in late April this year. What is noteworthy is that Nepali Congress central member Narahari Acharya, leading human rights activist Krishna Pahadi and student leader Basu Koirala were freed Monday despite their public statements that they would not move the court seeking their release. Security forces had detained thousands of political prisoners across the Kingdom following king’s assumption of power in February and some of them were allegedly tortured. Advocate Agni Kharel, former general secretary of the Nepal Bar Association, suspected if the government’s move to release politicians and rights activists on Monday was an outcome of international pressure. “If this act is the government’s self realization of its past mistakes, it is positive. However, it will be too early to judge its action right now.” Kharel also termed all detentions after royal takeover as ‘illegal and violation of the rule of the law’ He said, ” Before being optimist on governments’ performances, we will have to wait and see its future actions.” Advocate Bal Krishna Neupane, well-known for his royalist views, however, said, “It would be wrong to describe the government’s actions as legal or illegal. It’s the work of the state to detain or release any of its citizens as per the need and as specified by prevailing law.” “Government performed its duty while court also carried out its constitutional duty. They are both carrying out their responsibilities,” he said adding, “If the state feels the need to arrest someone, it can and I see all the activities (after the royal move) as part of a regular process. “ (Nepalnews special ) Courtesy:www.nepalnews.com

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Big drama in SC premises Kathmandu, July 5 - There was high drama on the Supreme Court premises yesterday, though not of a very edifying type. The apex court ordered the release of alleged Maoist Karna Bahadur Thapa Magar, who was rearrested three weeks ago by the security forces after the SC ordered his release. Thapa Magar, however, refused to leave the premises. He told a gathering of journalists, human rights activists and UN observers that security forces might kill him if he left the premises exulting over his freedom. Considering the past cases of security forces rearresting those granted freedom by the SC and the SC not doing anything about such brazen contempt or disdain shown to it, people who had gathered there thought Thapa Magar had a strong case!Some plainclothes securitymen--two of whom were wearing masks--were waiting for him in the court premises to rearrest him from the time the court released him in the presence of the Supreme Court acting Registrar Durga Prasad Duwadi. As Magar's vehicle emerged from the court premises, some plainclothes securitymen on motorcycles followed the vehicle. This was the second time the court had to order the authorities to release Magar. On June 8, the court had ordered the authorities to release him in the presence of a judge of the Kathmandu District Court. He was however re-arrested from the premises of Kathmandu District Court soon after he emerged from the court gates. While passing the order to the authorities, Justices Khilraj Regmi and Balram KC drew the attention of the authorities not to re-arrest Magar since such a situation is against Article 12 of the Constitution - right to freedom - and international humanitarian laws. The court also reminded the authorities not to repeat such acts [re-arrest in defiance of court orders]. The court’s business ended at 5 pm, the officials of the court waited till 8 pm. Human rights activist Mandira Sharma said that after getting to his friend’s house, Thapa Magar is now “safe.” Obviously, those who had watched the unfolding of the drama asked questions like “how safe” and “for how long”. But none had any answer. Officiating SC Registrar Durga Prasad Dawadi said: “It was against the constitution and the rule of law to have tried to rearrest anyone freed by the SC”. “I will give a report to the CJ on the drama played by the security forces on the court premises,” Dawadi said. In their order, the justices told the government to follow the statute and international human rights conventions to which Nepal is a signatory. The 32-year old had to finally flee in a vehicle escorted by two UN vehicles at 8:55 pm, three hours after the court set him free. Four UN human rights monitors escorted him to a safe place. Meanwhile, the army has given "a false" statement to the Supreme Court regarding the arrest of Magar. According to a written reply from the Royal Nepalese Army Headquarters, Magar was arrested in Bhaktapur by patrolling security forces on June 9 with socket bombs and "terrorist related documents".

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Surprise over writ petition Kathmandu July 3-Former minister and Nepali Congress central member, Narahari Acharya, has expressed surprise over the filing of a habeas corpus petition seeking an order to release him without his consent. Advocates Suman Khanal and Rajan Adhikari had filed a petition, on behalf of Acharya, questioning the constitutionality and legality of Acharya’s detention. “Every citizen has the right to file a petition on issues of public interest. Acharya has been detained so I filed the petition,” reports quoted advocate Khanal as saying. Acharya, in a press statement issued from security custody where he has been detained said Saturday, “I am saddened over the filing of the petition which is against what I have stated.” In the statement, Acharya also appealed all to struggle for the restoration of complete democracy in the country. He was arrested soon after the royal takeover of February 1.Last week, Acharya had told the media that he would not move the court seeking his release, as his fight was political and not a legal one.

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Law is the superior than others: Aryal Kathmandu July 3-A former justice of the Supreme Court, Laxman Prasad Aryal, Addressing a programme organised by the Centre for Human Rights and Democratic Studies (CEHURDES) at Lalitpur Saturday , said he was dismayed to see that former (retired) General’s of the Army were explaining the country’s constitution. Former justice Aryal, who is also one of the framers of the country’s constitution—said what could be more ironical than to see four-star General explaining about the country’s constitution and rule of law. Commenting on recent remarks by former Royal Nepalese ambassador to UK and president of World Hindu Federation, General Bharat Keshar Simha that a Hindu king was not supposed to be confined within (the written) constitution, Aryal said do’s and don’ts for a king are well defined in Hindu scriptures. He quoted ancient Rig Veda as saying that law is the king of kings. Aryal said problems being seen in the county were not due to the constitution but due to lack of adherence to the constitution. “Gone are the days when an individual would run the country through a decree,” he said. Quoting Napoleon’s famous saying “He who thinks is my enemy,” former Justice Aryal said rulers of the day in Nepal were afraid of all those who could think and decide what was right and what was wrong. Aryal further said the state of emergency imposed on February 1, this year was a false one. The emergency was imposed only to avoid protests from the political parties.

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Valley courts will re open on sunday from July 16 Kathmandu, July 2 - The Supreme Court on Thursday decided to scrap the Sunday holiday being observed since 1994 in the courts of the Kathmandu Valley with effect from July 16. The decision taken by the Full Bench on Friday has ended the decade-long Sunday holiday practice exercised by the courts in the three districts of the Valley - Kathmandu, Lalitpur and Bhaktapur. In July 1994, a Full Bench had set Sunday as holiday for Valley-based courts "as a symbol of judicial independence". The decision is learned to have been taken "to bring uniformity in holidays" among courts in the country, and to accommodate the "frequent urgings" from government officials to remove the Sunday holiday so as to bring about uniformity in the holiday system between the judiciary and the executive. The executive had taken a similar decision some three months ago, ending the Sunday holiday practice in government offices based in the Valley. Debate over Sunday holiday in Valley-based courts had surfaced at the time the executive scrapped the holiday. A proposal was presented then before the Full Court, the apex policy making body of the judiciary, but was "put on hold" as some judges sought for the logic behind the change. A justice talking to the Post said, "We passed the removal of the Sunday holiday as Chief Justice Hari Prasad Sharma told the Full Court that government secretaries and lawyers had frequently complained to him about the inconveniences so caused." Supreme Court spokesperson, Dr Ram Krishna Timalsena, however, said that the decision was taken as per the judiciary authority to set its holiday on its own according to the need of the time. He rejected the notion of government influence in the decision. The Supreme Court Regulations give authority to the Full Court to change its holiday

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The RCCC member terrorizes businessmen in Birgunj Kathmandu July 1-Businessmen in southern town of Birgunj—a major business hub of the country—have been terrorized due to haphazard raids being carried out by a team of the controversial Royal Commission on Corruption Control (RCCC), a leading newsmagazine reported. According to Himal khabarpatrika, a seven-member RCCC team led by Commission member Prem Bahadur Khati has already raided over two dozen business firms in Birgunj. He has also visited government offices like land revenue, transport, electricity and asked for documents the staff were dealing. Local officials said the Commission had asked with them details of those who had become millionaire overnight. Khati’s `childish’ behavior has been exposed with his contradictory statements. At one occasion, he said he would be investigating into the cases related to ‘fly-by-night millionaires.’ On the very next occasion, he said he would also be investigating into transfer of school teachers as well as VDC secretaries who had not completed their projects. Said Bijay Sarabagi, president of the Birgunj Chamber of Commerce and Industry (BCCI), “Agencies like customs, internal revenue and revenue investigation department are already operating in Birgunj. Now RCCC is here. (We don’t know) towards how many agencies do we need to be accountable. If the situation persists, we will have no option but to give up businesses.” Said another businessmen, “It is not appropriate to harass the businessmen who are already suffering from Maoist extortion and constant inspection by various agencies.” Located at Nepal-India border, Birgunj is a major trading and industrial town and the major import hub of the country. Inland Container Depot (ICD), also known as `Dry Port’ has already been set up and is in operation in this city. Khati had led an anti-corruption rally in Birgunj some one and half years ago with the help of controversial businessmen like Bhola Shah, Rajnish Sindhi and Dipak Manange.’ During his latest trip, the RCCC took into custody, Umesh Tibrewala--business partner of former minister and Rastriya Prajatantra Party leader Rajiv Parajuli—overnight and released him the next day. Tibrewala said a police inspector asked him if he had Parajuli’s property in his name. “They repeatedly asked me about details of my property,” he added. An official with the Commission for Investigation of Abuse of Authority (CIAA) said, “When you don’t have to follow rules and regulations then you are free to do whatever you like.” Talking to Himal khabarpatrika, Khati said the RCCC had to be constituted as the CIAA and special court had failed to discharge their duties. He also refuted reports that he was harassing the businessmen. “Those who have personal grudges against me are talking like that,” he added. Khati further said through his investigation he had found that smuggling and bribery were rampant in Birgunj. “In the land revenue office, I found that the employees were taking bribe between Rs 5 to 35. Ever since I arrived here, offices have become active, smugglers have become alert and revenue collection has gone up,” he claimed. Khati has said he will open an ‘ijlas’ (a trial court) of the Commission in Birgunj and will send all the corrupt people to jail. He, however, clarified that whatever he was doing now was `only an investigation.’ RCCC was constituted after the royal takeover of February 1. It has been authorized to investigate, prosecute and hand out verdict on cases of corruption. Critics say to vest all these powers into a single agency is against basic norms of natural law. Opposition parties have even alleged the Commission of working out of political vendetta. RCCC officials deny such allegations. (Nepalnews/Himal special) Courtesy: www.nepalnews.com

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CJ Sharma retireson July 29 ? Kathmandu, July1-Chief Justice Hari Prasad Sharma will retire on July 29, according to the Supreme Court (SC) and the Judicial Council (JC), which is headed by the chief justice. He would not retire on July 19 as required by Nijamati Kitabkhana (Civil Personnel Records) data. The SC and JC informed Attorney General Pawan Kumar Ojha yesterday that Sharma would not abide by the records at the Nijamati Kitabkhana (Civil Personnel Records). The CJ would instead retire on July 29 , the date of birth furnished by him at the SC and JC, the AG was told by acting Registrar of SC Dr Ram Krishna Timalsena and JC secretary Kashi Raj Dahal. According to a high-ranking official at the Law Service, AG Ojha lobbied for following the Kitabkhana date, but Dr Timalsena and Dahal begged to differ. During the meeting, the AG had suggested placing the issue before the Constitutional Council meeting for a decision. According to the official, Ojha cited examples of former chief justice Kedar Nath Upadhayaya, justices Bhairav Prasad Lamsal and Gopal Prasad Khatri, who had retired on the Kitabkhana dates. However, Dr Timalsena and Dahal did not agree with him. They said there was no ground for Sharma to retire on the basis of the Kitabkhana record as they claimed the record was incorrect. When contacted, Dahal failed to justify their claim saying that he cannot comment on the issue. However, there is a precedent that whenever there is a controversy regarding retirement dates, a person retires on the earlier date.

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CJ retirement decision today Kathmandu, June 30-The Judicial Council will decide the retirement date of Chief Justice Hari Prasad Sharma today, a council member said today.The Council, which is headed by the Chief Justice, is confused over the date of Sharma’s compulsory retirement, as the Civil Personnel Records (Nijamati Kitabkhana) informed the Supreme Court that Sharma should retire on July 19. But the Chief Justice is planning to take retirement on July 29.“There is a confusion about his date of birth; We will decide about it tomorrow and it will open door to initiate process for picking up next Chief Justice,” the member said. Acting Registrar of the Supreme Court, Dr Ram Krishna Timalsena, said it is the duty of the Judicial Council to decide the retirement date of the Chief Justice. “We are waiting for its decision.”

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News from national online Kathmandu june29- After the power grab by the king in Nepal , Nepal Bar association is the first independent professional organization ,who was against the royal movement . Nepal bar association also lunch attack to chief justice Hari prasad sharma to his speech supporting king movement. First time after the royal movement Gorkhapatra online published one news about NBA should not play into foreign hands: Lawyers-By Prakriti Adhikari. . here is the news, that is published in gorkhapatra online . Many lawyers blamed that Gorkhapatra online have never wrote even single word about lawyers protest for king movement. So they are surprise about this news .Why national online is playing game in this matter is unknown .and give thanks to gorkhapatra online for publishing such news. NBA should not play into foreign hands: Lawyers-By Prakriti Adhikari Kathmandu , June 28: Independent lawyers have stressed that Nepal Bar Association (NBA), an organisation of all the legal professionals from across the country, should not become a ploy of political parties and foreign forces.“The legal profession is very important from the standpoint of the nation and nationality. It is a matter of shame when lawyers forget their duties towards the nation and follow the corrupt politicians and serve as the stooges of foreigners,” they said. In their comments given to Gorkhapatra, sister publication of this daily, they also expressed the concern over the recent activities of office bearers of working committee of NBA saying that they had tarnished the prestige of legal profession.Those who are not satisfied with the government can raise their issue in the court, they said. Some lawyers have been demonstrating double standard; on the one hand they were enjoying monetary benefit from the government as legal advisors while on the other hand, they were protesting against the government in the streets.“The lawyers belong to the nation, not to any sister organisation of a political party,” said Chandra Kafle, member of central executive council of NBA.Advocate Kafle said that the activities of some lawyers had invited fraction within the NBA impeding it from achieving its set goals.“Those who have duty to work in delivering justice to the victims should not act under the instruction of others.”Regarding the Royal move, he said that His Majesty the King took the step in the capacity of the custodian of the state to bail the nation out of crisis. “It was a natural move anticipated by the people and the nation as well. So we all need to support the Royal initiative that reflects nationalism and vision to build the nation.”Member of Supreme Court Bar Association Juktijung Lamichhane said that with the infiltration of foreign elements into the NBA, its members were active to pull down the constitutional system. “Such activities are always discredited by the international community.” To go beyond the professional boundary is to make an attempt to create anarchy, said Lamichhane. He said that it was unfortunate that those who were demanding the rule of law and democracy, and exercising on these values had gone against these principles. He also lambasted the political parties for protesting the elections. “As election is the basic tent of democracy, no one should be surprised over the announcement of polls. Those who failed to take part in the elections were punished by the people and history as well.”Another member of Supreme Court Bar Ganesh Bahadur Dhungana said it was against the norm of bar to join hands with political parties on the streets.Krishna Bahadur Thapa, a member of Appellate Court Bar Association of Patan, said that bar association was an independent and autonomous body. “Thus, the activities being carried out under the inspiration of the political forces will ultimately undermine the fundamental principles of rule of law.”Thapa argued that as per the Legal Profession Code of Conduct—2053, the government should not hesitate to annul the license of advocates who violate the professional ethics.In a similar vein, Puskar Gajurel and Charendra Kumar KC, both the members at Supreme Court bar maintained that some lawyers had gone out of track and were doing politics under the guise of legal professionals.It is up to the people, not the lawyers to support or protest the political moves, they said.KC said that the nation had been reeling under crisis after crisis as the political leaders lacked positive thinking and vision. “We can achieve the development goals through consensus and alliance.”

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Supreme Court order released RC Poudel Kathmandu june 28- Following a Supreme Court order.The government Tuesday released Nepali Congress (NC) leader Ram Chandra Poudel, who had been in police custody since nearly five months. A joint bench of Justices Min Bahadur Rayamajhi and Arjun Prasad Singh issued the release order today afternoon, concluding that Poudel’s detention is illegal. A writ petition was filed at the Supreme Court on June 19 demanding his release. Last Tuesday, the court had issued a show-cause notice over Poudel’s detention. Poudel, a former deputy prime minister, who was arrested on February 2, was being detained in his hometown, Damauli, Tanahun district.

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SC seeks reply from Home Minister Kathmandu, June 27 - The Supreme Court (SC), on Monday, ordered Home Minister Dan Bahadur Shahi to furnish a written reply as to why action cannot be initiated against him over the re-arrest of General Secretary of People's Front Nepal Nawa Raj Subedi in defiance of the apex court's order. The minister is required to reply to the court within seven days, according to the order passed by Justice Min Bahadur Rayamajhi. The order was issued in response to an application filed by Nepal Bar Association President Shambhu Thapa seeking the court to initiate a contempt of court case against the minister and punish him accordingly. Thapa filed the application following the re-arrest of Subedi by plainclothes policemen on June 15, three hours after the SC released him from a month-long illegal detention. Thapa had claimed in the application that Home Minister Shahi defied the court order by re-arresting Subedi. Subedi had been released through a second order last week. There are altogether four such applications against Shahi in the apex court. The court has ordered its administration to present all the cases against Shahi together in the next hearing. The date of the next hearing will be fixed once the court receives a reply from Shahi.

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RCCC verdict -Clean chit to Deuba , ex-ministers and others

Kathmandu june 27-The Royal Commission for Corruption Control (RCCC) has cleared former prime minister Sher Bahadur Deuba and six ministers of his cabinet of the charge of “misappropriating” the Prime Minister’s Relief Fund.RCCC has also given clean chit to the 27 “beneficiaries” of the alleged misappropriation of the PM’s Relief Fund.
A three-member “bench” of the RCCC consisting of the commission’s chairman Bhakta Bahadur Koirala and members Shambhu Khanal and Hari Babu Chaudhari announced the “verdict” to that effect on Monday afternoon.“Though the decision was against the norms and modus operandi (of the government), they cannot be convicted as per the Section 17 of the Nepal Corruption Control Act 2050 BS,” the RCCC said in its decision today.
The RCCC, on May 5, had formally charged Deuba and six ministers of his cabinet- Yuvaraj Gyawali, Homnath Dahal, Mohammad Mohasin, Jog Mehar Shrestha, Purna Bahadur Khadka, and Badri Prasad Mandal- of misappropriating the Prime Minister’s Relief Fund in the name of doling out Dashain allowances to different individuals through cabinet decision.The commission had also charged 27 different individuals who had received the money.
Earlier, the RCCC investigation team in its charge sheet had demanded a jail term of up to three years against Deuba and all six ministers and a penalty sum equalling the “misappropriated” amount.While the six former ministers had furnished bail as demanded by the RCCC and were immediately released, Deuba had refused to do so, challenging the constitutionality of the commission.

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Law on torture must Amend Kathmandu, June 26 - Lawyers and human rights activists, on Sunday, urged the government to amend the Torture Compensation Act 1996 and criminalize perpetrators of torture, so as to provide increasing number of torture victims with proper justice and compensation. Speaking at a seminar on "Situation of victims of torture in the present state of conflict and responsibility of the state" organized jointly by Nepal Bar Association (NBA) and Center for Victims of Torture (CVICT), NBA president Shambhu Thapa said the present government has remained indifferent to the plight of torture victims. Asserting that the government is engaged in proving Nepal as a failed state, Thapa said, "It is useless to think of getting justice for victims of torture without restoring complete democracy." Speaking on the occasion, Bhoj Raj Acharya, coordinator of Patan Appellate Court Bar Association, said, "The (Torture Compensation) Act is incomplete and should be amended to ensure victims the right to justice." Acharya claimed that the present legal system was not sufficient to ensure justice for torture victims. "None of the victims who have filed cases seeking justice have yet been compensated." He also argued that courts should be allowed to implement its decisions on torture victims. He, however, said it was impossible for torture victims to get justice in the present structure of the state.

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Controversy over CJ -editorial Under the article 86.1 of the Constitution of the Kingdom of Nepal 1990, the Supreme Court shall be the highest court in the judicial hierarchy. All the other courts and judicial institutions of Nepal, other than Military Court, shall be under the Supreme Court. The Supreme Court may inspect, supervise and give directives to its subordinate courts and other judicial institutions. Article 88 confers upon the Supreme Court extraordinary jurisdiction commensurate with its status in the constitutional system, and to allow it to enforce fundamental rights and respond to the directive principles and policies of the state. Whatever the system may be, the judiciary is able to deliver the justice to the people defending fundamental rights of the people. From late B.P. Koirala to his many other colleagues have knocked the door of judiciary against the atrocities of state. Nepal's judiciary follows the practices like that of other democratic countries and it adheres to the principal and ideology of all democratic countries. US chief justice Marshall says, “The province and duty of the judicial department, to say what the law is.” All chief justices after 1990 are taking more facilities than they are entitled by the law. All chief justices from Biswonath Upadhyaya to the recently retired Mohan Prasad Sharma, who is to be retired in a couple of days time, are taking the vehicle facility against the law. According to reports, chief justice Sharma is using three more cars in addition to one official Mercedes Benz. According to the regulation any chief justice is entitled to only one vehicle. (Nepal Samacharpatra, December 12, Sunday 1999) Former Chief Justice of the Supreme Court Bishwa Nath Upadhayaya served the Supreme Court for 25 out of the 40 years which he devoted to the legal field. The chief of the drafting team which prepared the present Constitution in 1990, Upadhayaya also headed the eleven- member jury that delivered the landmark verdict of reviving the House of Representatives,dissolved by the first-ever communist PrimeMinister Manmohan Adhikary. former Chief Justice August 28 verdict reinstating the House of Representatives did in 1995. The Communist Party of Nepal (UML), which was in power then , still holds that as a black verdict. Former Chief Justice Mohan Prasad Sharma's period , was the worst period between court and NBA. Many lawyers think that time was a high rate of coruption in court . NBA announced one day pen down program agianst CJ mohan parasd sharma . Chief Justice Mohan Prasad Sharma has said that the court could do nothing to stop the lawyers from resorting to strike. Sharma was talking to BBC on the proposed strike by lawyers. The lawyers of the country have planned for a pen down strike next week to oppose corruption in justice sector. The strike has been called by Nepal Bar Association. (Sarathi, Friday, July 30,1999) Chief Justice Hari parsad 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. Chief Justice Hari Prasad Sharma in his 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. The chief justice found himself in hot water over those comments, as he was accused of making a “political speech,” something he as the chief justice should not have done. He was also accused of failing to preserve the independence of the judiciary and violating the code of conduct of judges. Defending his version about Australia CJ Hari prasad sharma quote "National security is the responsibility of the executive government, what action is needed to protect it’s interests is… a matter upon which those upon whom the responsibility rests, and not courts of justice, must have the last word. It is par excellence a non-justiciable question. The judicial process is totally inept to deal with the type of problems which it involves.” [Council of Civ. Service Unions v. Minister of the Civ. Service, AC 374 (1985)]" published in kantipur 2005-04-06 by talking with CJ sharma“Those who are responsible for the national security must be the sole judge of what national security requires. It would be obviously be undesirable that such matters be made the subject of evidence in a courty of law or otherwise discussed in public.” (The Zamora case, [1916] 2 AC 77, at 107)published in kantipur 2005-04-06 by talking with CJ sharma. But still he forget that this two precedent cannot support his view , because when CJ start to give speech as a political person then what will be the left . and how could he forget 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. Obviously when the Chief Justice of the apex court says something with a political connotation, it surely affects the very independence of the Judiciary.Chief Justice is the highly respected post and people regard the holder of that post no less than as the God. Court is the last resort for people if they couldn’t get justice from executives and legislative. Judges give their finest verdicts, even in adverse situation, which sometime can be against powerful state. "Justice without power is inefficient; power without justice is tyranny. Justice without power is opposed because there are always wicked men. Power without justice is soon questioned. Justice and power must therefore be brought together, so that whatever is just may be powerful and whatever is powerful may be just." Blaise Pascall. So question will be arise again and again to all, who will become the chief justice , if he will be free from Controversy . Next constitutional crisis Kathmandu june 26- chief justice Hari parsad sharma is retiring on next month after he turns 65, the age limit for Supreme Court chief justices, said news reports. Just as was the case of the committee that was to recommend new members for the national human rights commission , the Constitutional Council that recommends names for the post of chief justice is missing key members. The council is headed by the prime minister and also includes the leader of the opposition in the Parliament, both of whom are missing. In the case of the NHRC, the government amended the act that dictated how new members would be appointed, filling in for those missing from the recommendation committee. Though there are speculations that something similar might be done for the appointment of the chief justice as well, there are doubts over such a move. “There is a tough question as the country is already facing a grave constitutional crisis,” former Attorney General Motikaji Sthapit was quoted as saying by the Himalayan Times Saturday. “Most of the decisions have already been taken unconstitutionally and as such the people as well as the Supreme Court should think twice about such issues.” “The King may invoke Article 127 again to assign any vice chairman to head the Constitutional Council for the purpose, but that would be unconstitutional,” said Advocate Purna Man Shakya.

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‘Home Ministry lied’-SC Kathmandu, June 25 - Supreme Court Friday said the Home Ministry lied to it regarding Subedi's detention Ordering authorities to release the General Secretary of People's Front Nepal, Nawaraj Subedi. he was released in the presence of the court Registrar Dr Ram Krishna Timalsena. The court found Subedi's detention unlawful. "The Home Ministry itself concealed the information [of Subedi's arrest] as the ministry, which receives copies of such arrests from its subordinate offices, did not mention Subedi 's arrest in its reply to the court," said Justices Anupraj Sharma and Rajendra Kumar Bhandari while passing the written order. the Ministry had maintained that Subedi's arrest was not in its knowledge. But the National Human Rights Commission found him in Lalitpur Police Office on Thursday. Subedi was re-arrested on June 15, hours after he was released through a Supreme Court order. He was first arrested on May 14. The justices said they would speak more about the "ill-intention" of the authorities regarding the deception involved in relation to court orders, or making court orders ineffective, while preparing the full text of the judgment later . Bista files case against Drishti Kathmandu, June 24: Vice chairman of the Council of Ministers Kirtinidhi Bista has filed a case of defamation against the Drishti Media Publication Pvt. Ltd. for publishing unfounded and baseless news relating to him in the latest issue of the Drishti weekly.Vice Chairman Bista has stated that the publication of misleading and untrue news was an attack on the clean image, social dignity and selfless political life that he had earned in his long political career.Urging the respected court to seriously consider the fact that a baseless news published in the name of journalism could jeopardise the pride and honesty gained by an individual in his/her entire life, Vice Chairman Bista has also demanded for compensation in view of the damage that the news has inflicted upon his social pride and honour.

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Chief Justice Sharma to retire 19 july Kathmandu, june 24- Chief justice Hari parsad Sharma will retire july 19 after reaching superannuation age, source reports. Nejamati kitab khana (office of record holder of civil servent) send one letter to CJ about his date of retirement reports.He is retiring ten days before the retirement time fixed by the Judicial Council.The Council had fixed his retirement date 29 july . Same as , judges of supreme court , mostly in their late fifties or early sixties, are learning computer lession. This computer class arranged for apex court justices. All the 17 justices, are taking computer literacy course in the court everyday from 4:30 to 6:30 pm. Their efforts, to keep up with technology in this increasingly tech-savvy 21st century deserves praise. IT consultant, Dipak Timalsena has prepared a 50-hour course to enable judges to present papers through the computer at seminars; to operate e-mail and Internet; make them computer literate so that they can perform their day-to-day office work on the computer.

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Why wrong information to court?

Kathmandu june 23-Even as the government on Wednesday told the Supreme Court that it didn’t arrest Naba Raj Subedi, general secretary of the Janamorcha Nepal (People’s Front Nepal), the National Human Rights Commission (NHRC) officials Thursday revealed that Subedi has been kept at the Lalitpur District Police Office.

NHRC member Sudeep Pathak who met Subedi at the DPO’s custody this afternoon told reporters that the government’s reply to the court was wrong. “The government statement that Subedi is not in custody is wrong. He has been kept at the Lalitpur DPO,” said Pathak. Two other NHRC members were also with Pathak.

According to Pathak, the Janamorcha leader expressed concern over the lack of rule of law and the systematic persecution of political workers by the royal administration.

Subedi was arrested from his party office at Sundhara, Kathmandu, with hours of his release following a Supreme Court order on June 15. Responding to a court order on Wednesday, the government denied knowledge of Subedi’s whereabouts, claiming that it had not arrested him.

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Another student leader re-arrest Kathmandu, June 23 -Voilating Supreme Court (SC) order, plainclothes security personnel, on Wednesday, re-arrested Govind Ghimire, who was released from detention at the Kathmandu District Court premises. Govind's relatives, lawyers and human rights defenders, who had gone there to receive him, were physically assaulted by the securitymen. In the incident, lawyers Binod Shrestha and Ramchandra Giri, and human rights defender Kulman Gurung are injured Responding to a habeas corpus writ petition filed by the Advocacy Forum, the SC, on June 17, had ruled that Govind was detained "illegally" and that he be immediately released in the presence of the District Judge. Meanwhile, Government authorities denied having rearrested Navaraj Subedi, who was released on June 15 following an order of the Supreme Court.Furnishing a written reply to the apex court, the Ministry of Home said it had not done anything that has infringed on Subedi’s personal liberty. “Since the Ministry did not do anything to infringe on his personal liberty, the case should be quashed,” Home Secretary, Chandi Prasad Shrestha, said in his written explanation.The SC had ordered the authorities to produce Subedi before the bench and clarify reasons for his rearrest in response to a habeas corpus petition filed by the president of the Nepal Bar Association, Shambhu Thapa, seeking his release.Thapa claimed that Subedi was rearrested from his party office in Sundhara on June 15 just a few hours after his release. Thapa also said Subedi was kept under detention in the Baudha Ward police office.The Police Headquarters also urged the SC to declare the petition void. Inspector Ganesh Regmi furnished explanation to the SC on behalf of the the Headquarters.

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SC fiat on Paudel issue Kathmandu june 22-The Supreme Court on Tuesday issued a show cause notice to the government asking for clarification over the detention of Nepali Congress leader Ram Chandra Poudel. Deciding on a writ petition filed on Sunday, a SC bench ordered the government to furnish a written reply within three days on Poudel’s detention. The writ petition filed on Sunday had argued that Poudel, a former deputy prime minister, was being detained illegally. Poudel is detained in his hometown Damauli, Tanahun district. Case filed against top Maoist leaders Kathmandu june 22-The government on Tuesday has filed cases at the Appellate Court, Lalitpur, against a dozen Maoist functionaries including Maoist chairman Prachanda and Ram Bahadur Thapa alias Badal. Badal is said to be one of the military strategists of the underground outfit that is waging an armed rebellion for the last nine years. According to reports, a government attorney has made top Maoist leaders defendants in nearly 18-months-old case in which two security personnel were killed in a landmine explosion at Fisling of Chitwan district. A Maoist activist, Ram Bahadur Kumal—said to be involved in the attack-- was also arrested. The government has demanded life sentence and seizure of property of Maoist leaders in the case filed under the Terrorist and Disruptive Activities (Control and Punishment) Act. Authorities say similar cases remain pending in various courts of the country. The government had withdrawn a number of cases against top Maoist leaders during the failed peace talks with the insurgents in early 2003. Petition on National Broadcasting Act filed Kathmandu june 22- A writ petition has been filed at the Supreme Court seeking scrapping of a clause in the National Broadcasting Act (NBA), which contradicts the spirit of the constitution on press freedom. According to the petition filed by advocate Narayan Dutta Kandel, clause 8 (1) of the National Broadcasting Act, which gives power to the authorities to cancel the operating license of broadcasters who air programs in contravention to this Act goes against Article 13 of the constitution. The article guarantees that no publication shall be closed or seized, and registration shall not be cancelled, merely for publishing any news item, article or other reading material. The writ petitioner has argued that though this provision is directly related to the press, it is also applicable to the electronic media since the apex court has already ruled that electronic media is entitled to enjoy the same freedom enjoyed by the print media. "Thus Clause 8 (1) of the Act is against Article 13 of the Constitution, and the court should issue an order scrapping the provision in the Act," the writ petitioner has argued. The writ petition has been filed in the court a week after the government issued a notice to FM operators warning that operating license of those FMs airing news would be cancelled. The news ban is effective since the February 1 royal takeover, causing economic loss to FM stations and many journalists who lost their jobs. The ban has drawn condemnation from journalists, lawyers and other sections of civil society. But the government has been turning a deaf ear to the growing demand to lift the news ban on FM radios.

CIAA files cases against bank officials, businessmen
Kathmandu, June 21 - In a biggest ever scam that the Commission for the Investigation of Abuse of Authority (CIAA) has initiated action against, the anti-corruption watchdog on Monday filed corruption cases at the Special Court against 10 persons-4 Rashtriya Banijya Bank (RBB) officials and six businessmen-accusing them of irregularities.
According to reports, the CIAA has accused them of being involved in a loan scam, which has caused a loss of Rs. 1.38 billion to the RBB.
The persons against whom action has been initiated are former RBB branch managers Radha Prasad Shah and Shiv Charan Mandal and deputy managers Chandra Lal Amatya and Bhairab Prasad Pokharel. Owner of the Mangaturam Group- Mangaturam Agrawal and his sons Subodh, Suresh, Krishna, Narayan and Damodar are also charge sheeted.
According to reports, RBB Rani branch had released Rs 867 million against a collateral worth Rs 168.64 million in 1998.

SC orders written reply from Home Minister
Kathmandu, June 21 - The Supreme Court (SC), on Monday, ordered Home Minister Dan Bahadur Shahi to furnish a written reply as to why a contempt of court case shouldn't be initiated against him over the re-arrest of Karna Bahadur Thapa Magar.
Some plainclothes policemen had arrested Thapa from Kathmandu District Court premises soon after his release through an apex court order on June 8. He was first arrested in October last year. The court had termed Magar's detention "illegal", and ordered his release.
Today's SC order was in response to an application filed by Mandira Sharma of Advocacy Forum seeking initiation of a contempt of court case against Shahi over the re-arrest.
She had argued that the minister defied the court by re-arresting Thapa.
Same as ,A habeas corpus writ petition was registered at the Supreme Court Monday saying NC leader Ram Chandra Paudel is being illegally detained, vernacular daily Kantipur reports.The writ says there aren’t adequate reasons and basis for his continued detention.

SC issues show cause order
Kathmandu, June 21 - The Supreme Court has issued show cause order to defendants, various agencies of the government, in response to a writ petition challenging the government’s order to declare certain areas as “restricted zones.”
In response to a writ petition filed by advocate Dinesh Tripathi, the apex court also decided to give priority to the hearings on the case.
In his public interest litigation (PIL), advocate Tripathi argued that the order issued by the government is unconstitutional and malafide, hence should be declared null and void.He has quoted Article 12.2 (b) of the constitution of the kingdom of Nepal, 1990, which says, “All citizens shall have the freedom to assemble peaceably and without arms.”
The same clause, however, says, “Nothing in sub-clause (b) shall be deemed to prevent the making of laws to impose reasonable restrictions on any act which may undermine the sovereignty, integrity or law and order situation of the Kingdom of Nepal.”
Advocate Tripathi has argued that the government’s latest order declaring a number of public places in Kathmandu as “restricted zones”—where people have been barred even to organize peaceful assembly or protests—is against the country’s constitution.

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Chief Justice Sharma inaugurating a newly-constructed building

Sunsari, June 20-The Chief Justice Hari Prasad Sharma has said that the task of dispensation of justice was moving ahead in accordance with the needs of the country, time and the situation.Chief Justice Sharma made this remark while inaugurating a newly-constructed building at the premises of the Sunsari District Court here yesterday.Stating the prestige and the very existence of the judiciary would be called into question if the judiciary fails to perform as per its duty and responsibility, Chief Justice Sharma said all those working in the judicial sector should make justice dispensation more effective and also enhance their working efficiency to win the hearts and minds of the general public.The Chief Justice also said that the judiciary was pursuing works regarding the promotion of alternative ways of settling disputes. At the programme presided over by Chief Judge at the Biratnagar Appellate Court Damodar Prasad Dhakal, Koshi Zonal Administrator Rana Bahadur Chand said that the judiciary should ensure the right of the people to get justice.At the programme, senior advocate Bipulendra Chakravarty, central vice-president of Nepal Bar Association Kedar Bhandari among other speakers underlined the need for the judiciary to uphold the rule of law.Presenting a report on the construction of the building on the occasion, District Court Judge Phanindra Datta Sharma said that the one-storied building with four chambers was constructed at the total cost of Rs. 2,800,193.Judges of various district courts of the eastern region and chiefs of offices were present at the programme.
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CJ Sharma refuses to provide copy of speech

Kathmandu, June 18-Chief Justice, Hari Prasad Sharma, friday refused to provide a copy of his speech which he had delivered at the Chief Justices’ Conference in Paro, Bhutan, recently, to journalists who report on legal issues. Sharma refused to give the text of his speech even after the journalists

forwarded a written application to him. “The CJ could not provide a copy of his speech to journalists,” said Sharma’s personal secretary, Shree Krishna Bhattarai. However, Bhattarai produced the journalists’ joint application before the CJ. The CJ had delivered a speech during the three-day conference held from June 11 to 13 in Bhutan. The journalists filed the application only after the Supreme Court spokes-person, Dr Ram Krishna Timalsena, could not provide the text of the CJ’s speech.

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SC to home minister: Furnish written reply

Kathmandu, June 18 - The Supreme Court (SC), on Friday, ordered Home Minister Dan Bahadur Shahi to furnish a written reply as to why a contempt of court case cannot be initiated against him over his May 18 remark.

On that day, the minister, replying to a query on the defiance of the SC order, (detainees who were released by the court were re-arrested), had told journalists at the apex court premises, "The court has not ordered us not to re-arrest released detainees."

The remarks had prompted Advocate Dinesh Tripathi to move the court with a contempt of court application.

Tripathi has argued that the minister "disrespected" the apex court by such an objectionable remark, which is tantamount to contempt of court.

According to the order passed by Justice Min Bahadur Rayamajhi today, the minister is required to furnish a written reply within 15 days. The court has also assigned priority to the case in view of the seriousness of the matter.

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Produce Subedi in court: SC

Kathmandu june 18-The Supreme Court (SC) Friday ordered the authorities to produce People’s Front Nepal (PFN) general secretary, Naba Raj Subedi, before it on the day of the hearing of Subedi’s habeas corpus petition.

A single bench of justice Ram Nagina Singh ordered the Home Minister and the Kathmandu District Administration Office to furnish explanations within three days as to why Subedi was re-arrested.

Within hours after his release following a court order on June 15, plainclothes security personnel had re-arrested Subedi from the party’s central office at kathmand.

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SC quashes petition against ordinances
Kathmandu, June 17 - The Supreme Court (SC) on Thursday, pronounced that promulgation of an ordinance time and again is "constitutional" in the absence of a functioning parliament.
The pronouncement came when it quashed a writ petition that sought the court to issue an order to the government to stop promulgating ordinances repeatedly to end the present rule through ordinances. The writ petition had also sought nullification of all the ordinances in existence.
The court said that promulgation of ordinances is unconstitutional if it is done by cheating the parliament or at a time when there is parliament.
A special Bench of Justices Dilip Kumar Paudel, Chandra Prasad Parajuli and Min Bahadur Rayamajhi quashed the writ petition filed by advocates Gopal Krishna Ghimire and Raja Ram Dhakal.
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Contempt of court again



Kathmandu, June 17 - Another contempt of court application has been filed at the Supreme Court (SC)against Home Minister Dan Bahadur Shahi over defiance of the apex court's order.
This is the fourth contempt of court case filed against the minister. Three cases, which are pending in the SC, are related to re-arrest of political and student leaders in defiance of the court order, while one case pertains to Shahi's remarks over the order of the apex court.
This time, Shahi has been accused of defying the SC by re-arresting General Secretary of People's Front Nepal Nawaraj Subedi. He was re-arrested a few hours after he was released by the SC, Wednesday.
"The arrest is against the constitution and the Supreme Court Act," said the application filed by Nepal Bar Association President Shambhu Thapa.
Meanwhile, Thapa also filed a habeas corpus petition in the court seeking Subedi's release. Subedi has been "locked" in a room at Bouddha Police Office, according to the petition.

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Violation of the court orders isn't a good sign Kathmandu june 17-Speaking in an interaction program on "International Cooperation for Rule of Law and Peace Building" organized by Kathmandu School of Law,British Ambassador to Nepal Keith Bloomfield has said that rule of law and democracy is the key issue for a peaceful solution of conflicts. the British envoy said, "When authorities challenge the order of the Supreme Court, it is not a good sign for the country."On Nepal, Bloomfield said the deliberate attack on the judicial system by undermining its authority and impartiality, corruption, and criminality and terrorism are the major obstacles for the rule of law in Nepal. Maoists violated the Geneva Convention -NBA Kathmandu, June 16 - Maoists violated the Geneva Convention and national and international humanitarian laws in the Madi massacre in which 37 civilians and three security personnel were killed and 72 people injured when a passenger bus hit a land mine according to the Nepal Bar Association (NBA).The report was made public on Wednesday. It has also condemned the Maoists for the tragic incident. According to the report, security forces, too, are responsible for the massacre as armed security forces were on board the passenger bus. "Though the Maoists have apologized and regretted the incident, it is not sufficient; they should carry out their own investigation and book the culprits," said Senior Advocate Bishwa Kant Mainali, who led the NBA team to Madi to report on the tragedy. Similarly, the NBA has demanded that the government provide compensation to the families of the deceased, and free treatment for the injured. The NBA has also urged the government and Maoists to fully observe the Geneva Convention and international humanitarian laws. Meanwhile, the NBA has condemned the killings of the families of Armed Police Force personnel in Dhangadi, Tuesday.

SC issues show cause notice

Kathmandu june 14-The Supreme Court Tuesday issued a show cause notice over the preventive orders issued by the Kathmandu District Administration Office in parts of the capital city.
writ petition filed by advocate Dinesh Tripathi. Tripathi in his writ argued that the preventive orders were in violation of the right of the general public to assemble in public places peacefully.The court also summoned the Home Ministry and the Kathmandu DAO at a hearing on June 20, which will decide whether to issue an interim order against the DAO’s decree.
The DAO had in a decree last month banned rallies and gatherings in some places in the city including the Royal Palace area and around Singh Durbar.

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