Case filed against army for killing

BAGLUNG, Saraswoti, widow of then "people's government chief" of Baglung municipality Dilli Prasad Sapkota, Friday lodged a case against a Nepal Army officer and a police inspector on the charges of killing her "unarmed" husband after arrest.

The case has been filed against Major Shiva Poudel of Khadkadal Company and Inspector Binod Ghimire. Security personnel had arrested Sapkota from Pala VDC-9 on February 8, 2005. "Security personnel shot him after brutally torturing him," claimed Saraswoti, who hails from Hadepakha, Baglung municipality-2.

Meanwhile in Banke, political parties have demanded stern action against two NA officers - then Major Ajit Thapa and Captain Ramesh Swanr of Chisapani barracks, for their alleged role in making civilians in the district disappear.

Issuing a statement Friday, representatives of SPA and Maoists insisted that the whereabouts of the disappeared be made public.

At least 81 persons have been disappeared by the government in the district, according to rights activists. Thapa has now been promoted to colonel.

Rayamajhi panel summons ex-CJ

The High-Level Investigation Commission headed by former Supreme Court Justice Krishna Jung Rayamajhi is all set to interrogate former Chief Justice Hari Prasad Sharma and former Speaker of the House of Representatives, Tara Nath Ranabhat, for their alleged role in suppressing the mass movement.

A highly-placed source of the commission also said that it will interrogate Chief of Army Staff Pyar Jung Thapa this week.
The Commission today asked Sharma and Ranabhat to appear before it on Monday.

“Sharma spoke against the rights of the people in Australia when he was taking part in the Chief Justices’ world conference and Ranabhat had publicly favoured the royal takeover,” the source said. “Ranabhat had publicly said that the House cannot be reinstated and suggested the political parties to support the King.”

Ranabhat today said he was surprised at the commission’s decision to summon him. “I had always favoured people’s rights as I am a democrat,” he said. While the panel also summoned ministers of the royal cabinet Ganesh Sherchan and Mrigedra Singh Yadav on Monday, former state ministers Ram Narayan Singh, Durga Shrestha, Yangkila Sherpa, Mani Lama, Durga Pokhrel and Rabindra Khanal have been asked to appear before it on Sunday. Meanwhile, former ministers Madhukar SJB Rana and Krishna Lal Thakali today told the panel that they had no hand in suppressing the mass movement.

CIAA investigating distribution of state fund to journalists: Upadhaya

The commission for the investigation of the Abuse of Authority (CIAA) has said that it has started probing the case of journalists taking money from the state coffers during the royal regime.

Speaking at a meeting of the State Affairs Committee of the parliament, Chief Commissioner of the CIAA, Surya Nath Upadhaya said the commission has received the files of 14 journalists from communication ministry and was working on them.

Stating that the CIAA had been shadowed by setting up the Royal Commission for Corruption Control during the previous regime, Upadhaya said that the Commission was compelled to be inactive during those days.

The State Affairs Committee also requested the Upadhyaya to make available a report prepared by the CIAA on the cooperation extended by regional and international bodies in various projects

The names of the journalists/media organizations who received money from the royal government are: (source :ekantipur)

1. Jasodha Pradhan (National Federation of Nepalese Journalists) Rs. 126,000
2. Jasodha Pradhan (National Federation of Nepalese Journalists) Rs 495,000

3. Nirodh Raj Pandey(national Federation of Nepalese Journalists)Rs 1,000,000

4. Hari Sharan Lamichhane (Nepal Cable TV Association) Rs 200,000

5. Yagya Dhakal (National Federation of Nepalese Journalists, Kathmandu) Rs 20,000

6. Rishi Dhamala (Reporters' Club Nepal) Rs 20,000

7. Devendra Gautam (Editors and Publishers' Society) Rs 180,000

8. Radhe Shyam Lekali (Literary Journalists' Association) Rs 200,000

9. Ramesh Budhathoki (Nepal Film Artists' Association) Rs 300,000

10. Ram Krishna Karmacharya (National Press Club Nepal) Rs 20,000

11. Ojaswi Gautam (Communication for

Economic and Social Awareness) Rs 30,000

12. Department of Information Rs 125,000

13. RSS Rs 600,000

14. Devendra Gautam (Editors and Publishers' Society) Rs 180,000

15. Shree Krishna Poudel (Nepal Intellectuals' Contact Forum) Rs 60,000

16. Jayanta KC (Janakpur) Rs 10,000


From the personal secretary Minister of State for Information and Communications

17. Manoj Singh (Jaleshwor) Rs 10,000
18 Ram Kisun Yadav (Rajbiraj) Rs 10,000

19. Suman Karki (Itahari) Rs. 10,000

20. Bishnu Kumar Das Rs. 10,000

21. Shambhu Dahal (Ramkot Kathmandu) Rs. 10,000

22. Mahendra Thapa (Bhojpur) Rs. 13,000

23. Mohan Shrestha (Gorkha) Rs 17,000

Those journalists who received money for dissemination of information contributing to peace

24. Khagendra Raj Sitaula (Yugsambad Weekly) Rs 6,000

25. Anar Singh Karki, Kathmandu Rs. 10,000

26. Suresh Sharma Image Channel TV Rs. 6,000

27. Gokarna Dev Pandey senior journalist Rs 10,000

28. KB Marattha (Janabhawana Weekly) Rs 6,000

29. Youbraj Bidrohi (FNJ, Kathmandu) Rs 10,000

30. Tirtha Koirala Kantipur TV Rs 8,000

31. Sarad Chandra Osti Rs 8,000

32. Narendra Upadhyay The Telegraph Rs 8,000

33. Mohan Dahal, Independent Rs 7,000

34. Jivram Bhandari Rajdhani Rs 10,000

35 Ram Hari Chaulagain, Media Group Rs 10,000

36. Surya Khadka, Nawa Pratipakshya Rs. 5,000

37. Madan Kumar Shrestha, Madhyanha Rs. 5,000

38. Shambhu Shrestha, Dristhi Weekly Rs 50,000

39. Pralhad Rijal, Sanjhako Samachar Rs 5,000

40. Ghana Shyam Adhikari, International Forum Rs. 4,000

41. Sudarshan Acharya, Ruprekha Rs. 5,000

42. Yadav Devkota, Yugsambad Weekly Rs 5,000

43. Purna Karki, Janabhawana Rs. 5,000

44. Kumar Yatru, Rajdhani Rs 5000

45. Youbraj Gautam, Gorkhapatra Rs. 15000

46. Kedar Acharya, Independent Rs 5,000

47 Ram Chandra Neupane, Janasatta Rs 7,000

48. Nirodh Raj Pandey, Janabhawana Rs 10,000

49. Som Nath Ghimire, Yugsambad Rs 10,000

50. Prajjwol Ghimire, Independent Rs 3,000

51. Dipak Pathak, Margadarshan Khabar Rs 6,000

52. Devendra Chudal, Baneshwor Rs 5,000

53. Remesh Raj Poudel, Ghatana ra Bichar Rs 3,000

54. Lekha Nath Koirala, Kathmandu Rs 5,000

55. Sudrashan Raj Pandey, Utthan Weekly, Parsa Rs 5,000

56. Bhadra Nath Adhikari, Gramin Samachar, Parsa Rs 5,000

57. Gobinda Pokharel, Independent Rs 5,000

58. Narendra Bilash Pandey, Kathmandu 8,000

59. Karna Prakhar Dhital, Ghatana ra Bichar Rs 3,000

60. Basu Dev Dahal, Ghatna Ra Bichar Rs. 3000

61. Santosh Neupane, Image Channel TV Rs. 4000

62. Bishwaraj Khanal, Annapurna Post Rs. 4,000

63. Bhagwan Tripathi, Kathamndu Rs 5,000

64. .......... Jha, Rs 4000

65. Hari Lamsal, Kathmandu Rs 5000

66. Dilli Ram Nirvik, Kathmandu Rs. 5000

67. Rajesh Misra, Jee News Rs. 7,000

68. Yadav Thapaliya, Nepal Aawaj Rs. 5000

69. Mukunda Dahal, Nepal 1 TV Rs. 5000

70. Bal Kumar Nepal, Annapurna Post Rs. 4000

71. Dev Raj Aryal, Yugsambad Rs. 4000

72. Gyan Hari Adhikari, Yugsambad Rs. 4000

73. Arjun Khadka, Kantipur TV Rs. 4000

74. Jasoda Pradhan, People's Review Rs 5000

75. Purna Lal Chuke, Banke Rs 5000

76. Rewati Raman Subedi, Working Journalist Rs 5000

77. Nakul Kaji, Bibechana Rs. 5000

78. Jagadish Sharma, Pratik Dainik Rs 5000

79. Keshav Poudel, Kathmandu Rs4000

80. Mahesh Chandra Gautam, Simana Weekly Rs 5000

81. Anil Kumar Anal, Rajbiraj Rs. 5000

82. Shishu Prasad Devkota, Rajbiraj Rs. 5000

83. Hari Mandal, Mahottari Rs 5000

84. Babita Basnet, Ghatana Ra Bichar Weekly Rs 5000

85. Krishna Jung Pandey, Independent Rs 7000

86. Uddhav Silwal, Rajdhani Rs 3000

87. Dipak Pudasaini, Janasatta Rs.5000

88. Bikal Shrestha, Nepal News Rs 5,000

89. Krishna Khoju, Bhaktapur Rs 3000

90. Jaya Prasad Dahal, Kathmandu Rs 5000

91. Pawan Thapa, Hindu Weekly Rs 5000

92. Ramesh Khadka, Dharhara Times Rs 5000

93. Mohan Dhungel, Ghatanara Bichar Rs 4000

94. Narayan Neupane, Kathmandu Rs 4000

95. Mohan Shrestha, Ghatanara Bichar Rs 5000

96. Yagya Dhakal, Saptahik Aawaj Rs. 5000

97. Ishwor Khanal, Himalaya Times Rs.4000

98. Purna Bahadur Thapa, Independent Rs. 3500

99. Keshav Aryal, Nepalipatra Rs 4000

Govt Set To Amend Military Act

The government is all set to amend the Military Act 1959 along with 24 other Acts to make their provisions compatible with the House of Representatives Declaration. It would also scrap 16 laws as per the July 17 Cabinet decision soon.

The Acting Chief Secretary, Mukunda Sharma Paudel, on Thursday told a meeting of the House Declaration Implementation Special Committee chaired by Speaker Subas Nembang that the government would produce the Military Act amendment bill in a couple of days.
According to him, the Nepal Law Reform Commission and the Ministry of Law, Justice and Parliamentary Affairs have almost completed the draft of the Acts. The same would be presented to the Council of Ministers for its approval in a few days.

Paudel, the secretary of the Ministry of Law, Justice and Parliamentary Affairs, Dr Kul Ratna Bhurtel, Defence Secretary Bishnu Dutta Uprety and Secretary of Nepal Law Reform Commission, Hari Prasad Neupane, briefed the committee on their homework.

Paudel said the government has formed a committee under the secretary of the Office of the Prime Minister and Cabinet to look into the issue of the Palace Secretariat officials. "The committee would submit its report within 30 days. We will make appropriate arrangements for the officials. They, however, will not be included in the civil service," he said. He said the government could come up with a voluntary retirement programme for them.

Paudel further said the reform commission and the law ministry are set to resolve the issue of citizenship rights. He said the Muluki Ain and Investiture Act are being amended for the same.

Paudel also said that the Act related to the succession of the throne has already been endorsed by the Council of Ministers and that a draft of it would be produced in the House very soon.

Uprety told the meeting that the Nepal Army is already inclusive. According to him, the Chhetris have 49 per cent representation in the army while the Bramhins form 9 per cent of the total force. Rais have 5 per cent representation, Jirels 0.54 per cent and the Damais 3 per cent. He, however, said the Sharkis have zero per cent share in the 92,308 strong army.

According to him, the Thamis, Ghartis and Badis have one per cent representation in the army, while the Naus, Kushles, Limbus, Rajputs, Rajbhojs, Darais, Chepangs, Dhobis and Kasais have less than one per cent representation.

He also said there are several barracks where the personnel are from only one caste. He said there are 1,000 female officers and 25,00 non-gazetted women employees in the army. He added that people from all the 75 districts are serving the army.

Heads of constitutional bodies take oath before parliamentary body

Heads of the constitutional bodies and Chief of the Nepali Army General Pyar Jung Thapa took oath of office and secrecy on Thursday at the Parliament Secretariat as per the House of Representatives (HoR) Regulations introduced last month.

Speaker Subash Nemwang, who is also the chairman of the HoR Declaration Implementation Monitoring Committee, administered the oath of office and secrecy to Thapa, Attorney General Yegya Murti Banjade, chief of the Commission for Investigation of Abuse of Authority (CIAA) Surya Nath Upadhaya, Auditor General Gehendra Nath Adhikari and Chief of Public Service Commission Tirtha Man Shakya taking oath of office and secrecy.

The heads of the constitutional bodies also administered oath of office and secrecy to the members of their respective offices.

This is for the first time the army chief and heads of constiutional bodies have taken oath before the Speaker. The HoR Regulations followed by a historic HoR proclamation in May has made it mandatory for the army chief and heads of constitutional bodies to take oath before a Special House Committee.

CIAA directs ministry on panel report

The Commission for Investigation of Abuse of Authority (CIAA) has directed the Finance Ministry to implement the report prepared and submitted by the task force constituted to make recommendations in connection with the vehicles, machinery and other goods imported for various projects in the country.

The task force was constituted under the Convenorship of the Director of the Department of Customs and had representatives from various Ministries.

In its report, the task force had suggested to update the record and document of such goods, delegate the authority to auction such goods to the Ministry concerned, allow the use of machinery of one project for another project and permit export of old machinery.

Recommendation was also made to ensure that the transfer of ownership renewal was made only on the recommendation of the Department of Customs, investigate if the renewal was not held for a long-time and to provide detail information about the final date of the return of such goods.

Court extends judicial custody of Pakistani nationals

The Kathmandu District Court extended the judicial custody of two Pakistani nationals, who were arrested last week in connection with a five-year old RDX case, by one week Wednesday.

The district court remanded them to 7-day judicial custody when their earlier 5-day custody expired today. Police had appealed to the court to extend the custody of Ghulam Hussain Cheema and Aftab Mohinuddin Siddiqui, who were arrested from five-star Everest Hotel at New Baneshwor, Kathmandu, on July 12.

Cheema, 53 and Siddiqui, 57 had escaped arrest in April 2001 when the police raided their room in Kathmandu and seized 16kg RDX. Since then, the police had been looking for the two who at that time had been staying in Kathmandu as employees of a Pakistani construction company, Sachel Engineering Works, which was involved in road construction in the Nepal.

They were arrested a day after series of blasts in the Indian city of Mumbai in which about 200 people were killed.

Police officials have said investigation is underway to find out if the two Pakistanis were linked with the Mumbai blasts.

Issuing a statement on Saturday, the Foreign Office of Pakistan quoted the employers of two persons as saying that the two men had nothing to do with the 2001 case and claimed that they had visited Nepal several times for recovery of outstanding payments to the company by the Department of Roads, Nepal.

"The spokesperson stated that the Pakistani Mission in Kathmandu was instructed to immediately get in touch with the Nepal's Foreign Office to ascertain the facts," the statement said, adding, "Our Mission was later contacted by the Nepal Police authorities who confirmed that the arrest of two Pakistanis was in connection with an old case dating back to 2001 and that no linkage had been established with the Mumbai blasts,” the statement read.

The Foreign Office also urged the Nepalese Charge d' Affaires to make a demarche asking for consular access and release of the persons

Rayamajhi Panel Grills Former Administrators, Others

The high-level probe commission led by former justice Krishna Jung Rayamajhi on Wednesday summoned four more royalists for questioning for their alleged role in the suppression of people's movement and abuse of authority during the King’s direct rule.

According to spokesperson of the commission Dilli Raman Acharya, commission grilled former Regional Administrators Jagadish Khadka and Rabindra Chakravarti. Khadka was the Regional Administrator of Eastern Region and Chakravarti was the Regional Administrator of Central Region during the King's direct rule.

Former Mayor of Kathmandu Metropolitan City Raja Ram Shrestha and former chairman of Kathmandu District Development Committee Bikram Bahadur Thapa will be questioned by the panel at 2 pm, Acharya said.

Rayamajhi Commission Grills APF Chief Oli, Others

The High-Level Investigation Commission headed by former Supreme Court Justice Krishna Jung Rayamajhi today interrogated Armed Police Force (APF) Acting IGP Bansudev Oli and former Bagmati Zone Administrator Dr Sekher Gurung for their alleged involvement in the suppression of the Jana Andolan II.

Oli and Gurung reached the commission office this afternoon to record their statements. They denied talking to the reporters while entering the commission's office.

Similarly, former Assistant Minister for Education and Sports, Bhuwan Pathak and former Central Region Administrator Rabindra Chakrawarti were also summoned by the panel.

Need to add many things in interim constitution: Experts

As the country is moving towards forming an interim constitution, experts have suggested that provisions should be made of at least three new constitutional bodies in the interim constitution nepalnews reports .

Constitutional lawyer Bhimarjun Acharya suggested that three more constitutional bodies including National Human Rights Commission (NHRC), Media Commission and Constitutional Court be included and recognized as constitutional bodies in the new constitution of Nepal .

The constitution of Nepal 1990, formed after the success of the popular movement of the country has a provision of five constitutional bodies namely the Election Commission, Public Service Commission, Commission for the Investigation of Abuse of Authority (CIAA), Auditor General, and Attorney General. Part 12 to part 16 of the constitution deal with these bodies.

The constitution has formulated these bodies in such a way that they remain (in principle) free of interference from the executive. They need to present their annual report to parliament.

According to the constitution, chief of the constitutional bodies are appointed by the King upon the recommendation of the Constitutional Council. The proclamation of the reinstated House of Representatives in May this year deprived the King even from this customary right.

Advocate Acharya argued that there was the need to add three more constitutional bodies in the new constitution keeping in view of the international practice and realizing the gravity of these sectors.

“NHRC as a constitutional body should be made organ of the state, not the government, so that it would be able to investigate into cases of rights violations committed even by the state in a free and fair manner,” he said, adding, “The NHRC formed under general law could not work effectively, so it should be included as a constitutional body.”

The NHRC should be empowered to investigate the incidences of rights violation by the state parties and make the culprit accountable, he added.

Rayamajhi Commission grills two former ministers

The High-Level Probe Commission to investigate into the atrocities of the erstwhile royal government on Monday interrogated two former ministers.

The commission interrogated former minister for Science and Technology, Prakash Koirala and former Minister for Agriculture, Keshar Badhadur Bista.

Koirala and Bista like others, reiterated that they didn’t have any role in suppressing and killings of people during the April uprising.

Bista said that he is responsible only for the death of chickens due to Bird Flu for he was minister for Agriculture in the royal government. He expressed his ignorance on the suppression and killings of people during Jana Andolan, hence iterated that he could not take any responsibility for that.

The commission also interrogated chairman of the outlawed Rajparishad Standing Committee, Parshu Narayan Chaudhary and former DIG of Armed Forced, Dilip Kumar Singh.

Chaudhary claimed not to have played any role in suppressing Jana Andolan II while he was quizzed by the journalists. After two-hours of grilling, Chaudhary emphasized on unprejudiced interrogation.

Earlier Chaudhary had shown his inability to turn up for the statement for his frail health.

Singh who was interrogated for four hours said that since he was in the policy making level, there certainly lies the responsibility on him.

Cabinet Meet Decides To Amend 23 Laws

cabinet meeting held at PM GP Koirala’s residence at Baluwatar decided to amend 23 laws and scrape 16 others that contradict with the House of Representatives declaration on May 18.

Emerging from the meeting, Minister of State for Information and Communication Dilendra Prasad Badu, who is also the government spokesperson, told the media that the meeting approved the resignations tendered by the National Human Rights Commission chairman, NHRC’s other members, the chief election commissioner and the members of the Election Commission. The meeting also gave its policy-level approval for the amendments of some laws.
The meet appointed Bidur Prasad Poudel as the chairman of the Bagmati Sewerage Improvement Committee.

Deputy Prime Minister Amik Sherchan said that out of 80 agenda presented 40 had been decided.Badu said that the cabinet meet would reconvene at 3 pm. He also said that appointments had been made in some government bodies and corporations. But he did not reveal names of the appointed persons.

Sacked me if I am incapable : SC judge

A new system of appointing judges and terminating incompetent judges should be brought into effect, said Supreme Court judge Anup Raj Sharma on Sunday. An interim constitution, according to him, is a necessity which should incorporate the concept of a free and fair judicial system.

"The new system should appoint new judges and incompetent judges should be terminated. I should be sacked if I am incapable," he said, pointing out that there are still some judges who have been serving since the Panchayat days. The interim constitution is necessary and discussions concerning its relevance are totally uncalled for, he said.

Political leaders, however, expressed concern that the drafting of the interim constitution was being done in haste without much discussion. "Ideally, it is not the peace talk teams' job to decide on an interim constitution without it being discussed in the Parliament," said MP Narayan Prasad Saud of Nepali Congress (Democratic). "We should go in for a new Constitution once the political problems are resolved," he said at a programme titled "Interim Constitution and Judiciary" and organised by the Appellate Court Bar Association, Patan here. The new constitution should also specify the monarchy's role, he added.

Rayamajhi commission grills two ex-ministers

The high-level judicial commission formed to investigate into the atrocities committed by the erstwhile royal regime during the people’s movement-II interrogated two former ministers on Sunday.

Commission members interrogated Khadga Bahadur G.C, the local development minister in the royal cabinet, and then minister of state for finance, Dr Roop Jyoti, at the commission’s office in Hahihar Bhawan in connection with their alleged role in the brutal clampdown on the people’s movement in April.

G.C, told reporters after the interrogation that he had no role in suppressing the movement as his ministry had nothing to do with security matters. He argued that those who dealt with the security agencies should take responsibility for the atrocities.

The former minister arrived at the commission’s office by a taxi at around 13:50 p.m.

Then state minister Jyoti, who is accused of introducing tax policies suitable to his business, refused to talk to the media. He is a member of the National Assembly appointed by the King.

Meanwhile, the commission summoned four other functionaries of the royal regime for interrogation on Monday. Those summoned are – chairman of the dissolved Raj Parishad, Parasu Narayan Choudhary, then ministers Prakash Koirala and Keshar Bahadur Bista, acting Inspector General of Nepal Police Basudev Oli, former assistant minister for education and sports, Bhuwan Pathak, then zonal administration of Bagmati, Prof Shekhar Gurung, then administrator of central region, Jagadish Khadka, and DIG of Armed Police Force Dilip Shrestha.

The probe commission headed by former Justice Krishna Jung Rayamajhi has already interrogated 30 key functionaries of royal regime including then cabinet vice-chairman-duo, Dr. Tulsi Giri and Kriti Nidhi Bista, in connection with suppression in the people’s movement. At least 21 persons were killed and over 4000 injured during the 19-day long agitation

Writ Against Company Ordinance Filed

A writ petition was filed at the Supreme Court challenging the Company Ordinance 2062 BS which is in operation even when the Parliament session is going on.

Ramesh Jung Rayamajhi, representing the Panas Group Company, filed the petition claiming that no ordinance can function without being approved by the sitting parliament.

Article 72 of the Constitution has provision that any ordinance should either be approved by the parliament within 60 days after sessions starts or be terminated automatically. The petitioner also claimed that the ordinance crossed 60 days on July 14 but the government is still implementing the law.

The Office of the Prime Minister and Cabinet, the Ministry of Law Justice and Parliamentary Affairs, the Ministry of Industries, the Office of Company Registrar and the Parliament Secretariat are the defendants of the petition.

Bill becomes Act with Speaker's assent

The Advance Expenditure Bill turned into an Advance Expenditure Act, 2006, on Sunday after the Speaker of the House of Representatives (HoR), Subhash Chandra Nembwang, approved it.

This is the first time after the reinstatement of HoR that a bill has turned into an Act by the approval of Speaker as per Rule 135 of the new regulations of HoR. Earlier, the King used to put the royal seal on bills passed by the HoR.

The HoR unanimously passed the Advance Expenditure Bill, 2006, after the Minister of Finance Dr Ram Sharan Mahat proposed the House do so. The House also unanimously passed the proposal coming from Dr Mahat for a discussion on the Appropriation Bill, 2006. It will be discussed throughout 21-27 July in HoR.

Ten members added into the interim constitution draft committee

An informal meeting of the government and Maoist negotiating teams on Saturday has agreed to add ten more members to the Interim Constitution Drafting Committee raising the total number to 16.

The newly added members of the committee include advocate Agni Karel, Advocate Pushpa Bhushal, Advocate Sushila Karki, Chhatra Kumari Gurung, Shanta Rai, Sunil Prajapati, Parshu Ram Jha, Chandeshwor Shrestha and Kumar Yonjan Tamang. The negotiating teams said they have agreed to add one more person, preferably an advocate, from the Dalit community.

A six-member draft committee was formed under the chairmanship of former Supreme Court Justice Laxman Prasad Aryal on June 16. Other members of the committee included president of Nepal Bar Association Shambhu Thapa, Harihar Dahal, Mahadev Yadav, Sindhu Nath Pyakurel and Khimlal Devkota.

During their meeting held at the Peace Secretariat within Singha Durbar, both the sides also extend the duration of the draft committee until the end of July. Formed on June 16, the committee had started its working formally on July 5. Indigenous communities, dalits and women had criticized its formation and demanded equitable representation of all sectors in the committee.

The talks held on Saturday was also attended by members of peace talks monitoring team namely Dr Devendra Raj Panday, Padma Ratna Tuladhar, Daman Nath Dhungana and Dr Mathura Prasad Shrestha.

On Friday, senior leaders of Nepali Congress, CPN (UML) and CPN (Maoist) agreed to hold second round of “summit level talks” on July 21 to sort out differences that have cropped up in the implementation of eight-point agreement reached between the two sides last month

Two Pakistanis Remanded To Judicial Custody

Kathmandu District Court today remanded two Pakistani nationals to a 5-day judicial custody on charge of possessing explosives back in Kathmandu.

Pakistani nationals Ghulam Hussain Chima and Aftab Mohiuddin Siddiqui, who were arrested from Everest Hotel at New Baneshwor on Wednesday, were presented before the court today.

Special police team from the KDPO had arrested the two Pak nationals from room 403 of the Everest Hotel on charges of possessing explosives (RDX) back in 2001. The duo had reportedly fled the country after police recovered 16 kg of RDX from their room in New Baneshwor, Kathmandu, on April 11, 2001.

District Court Judge Mohan Raman Bhattarai issued the order. Police demanded the court to remand them in judicial custody for 25 days.

The explosive was seized from their room in Kathmandu in April 2001, but both the suspects had fled arrest at that time.

It is not clear whether they were liked with the serial blasts in the Indian city of Mumbai.

Testifying before the court today, Siddhiqui said that he was the manager of the Pokhara-Marsyangdi Road Construction Project while Shina said he was the accountant of the same project. Claiming that they had nothing to do with the recovered RDX, both said they had come to Nepal to settle some pending cash transactions.

The arrest of the two Pak nationals, who allegedly deal in RDX, on the night of the serial bomb blasts in commuter trains in the Indian Metropolitan city of Mumbai may not be just a coincidence, security sources say. Police are investigating whether the arrested Pak nationals have any link with the Indian terrorist outfit, Lashkar-e-Toiba, which reportedly carried out the blasts in Mumbai.

On the same night, police had also arrested two residents of the Pak-administered Kashmir, Wasim Ali and Waled Mohammad from a hotel in Jyatha. Both were released on Wednesday morning after found innocent, police officials said.

Meanwhile, a team of security officials from India's Central Bureau of Investigation (CBI) arrived in Kathmandu today to seek information about the arrested Pak nationals. The CBI team and Nepal Police officials will jointly interrogate the arrested Pak nationals, sources said.

SC Issued directive order

The Supreme Court directed the government authorities including the Office of the Prime Minister and Cabinet to control child marriage.

Responding to a Public Interest Litigation, a special bench of justices Min Bahadur Rayamajhi, Sharada Prasad Pundit and Badri Kumar Basnet issued the order. The bench ordered the Office of the Prime Minster and Cabinet, Ministry of Law Justice and Parliamentary Affairs and Ministry of Women Children and Social Welfare to stop child marriage.

Advocate Mira Dhungana had filed a petition claiming that child marriages are still in practices despite sufficient legal provisions to prohibit the social ill.

Meanwhile, the same bench issued a directive order to the government to maintain consistencies in two laws Marriage Registration Act 2028 and Civil Code 2020 where the age bar for marriage is different. According to Civil Code, male and female should cross the age 22 and 18 respectively while the Marriage Registration Act has put the minimum age for marriage at 20 and 18 respectively.

Rayamaji Panel May Record King's Statement

Chairman of the High Level Investigation Commission Krishna Jung Rayamajhi on Wednesday indicated that the commission may not summon King Gyanendra, but will investigate his role in the suppression of the people.

"The King is under our scanner but we are yet to decide whether to summon him or to record his statement meeting him at the royal palace," Rayamajhi said.

Rayamajhi said the commission might take his statement but currently he cannot reveal how.

"Definitely, we will investigate his role in suppressing the people as he was the chairman of the council of ministers during his direct rule, but I cannot reveal the whole process of the investigation."

Rayamajhi added that the King is still the head of the state and Prime Minister Girija Prasad Koirala was sworn in by the King and that makes it difficult for a commission to summon the King. "It is not suitable to summon the King like other ministers and officials since he is the head of state," Rayamajhi clarified.

Citing the declaration of the House of Representatives passed on May 18 and the Supreme Court verdict on RCCC case that allowed a court of law to test the King's action, Rayamajhi said that the commission would respect the limitation. "The King cannot be interrogated like other people," he said.

"People have been demanding action against the King, but I have some limitation given by the Constitution, Law, and the mandate given to the Commission," he added.

Another member of the Commission, Harihar Birahi, also said the commission would investigate the role of the King during his direct rule. Birahi told newsmen that the Commission would summon the Chief of the Army Staff Pyar Jung Thapa soon to record his statement.

Meanwhile, suspended chief of the Armed Police Force Sahabir Thapa told the commission the police had no hand in suppressing the people. Since they had worked under the command of the army, the army should take responsibility, he said. The commission has summoned former Home Minister Kamal Thapa and former Chief Secretary of the government Lokman Singh Karki on Friday to record their statements.

SC advises for scrapping King’s role in appointing Justices

Supreme Court Justices including Chief Justice Dilip Kumar Poudel have advised the Interim Constitution Drafting Committee to formally strip all powers of the King to appoint Justices in the interim constitution that is being drafted now.

As per the 1990 constitution, the King appoints Chief Justice and other Justices of the Supreme Court upon the recommendation of the Judicial Council.

After holding meeting with the Justices of the Supreme Court, coordinator of the committee Laxman Prasad Aryal said, “Now the power to appoint judges is no more with the King,” adding, “We will make a fresh provision according to which the Prime Minister will appoint the Chief Justice on the recommendation of the Constitutional Council that will be chaired by Prime Minister, and the Chief Justice will appoint judges of the SC and lower courts on the recommendation of Judicial Council that will be chaired by the Chief Justice.”

The judges and the statute drafting panel members agreed to form a separate constitutional court to settle constitutional issues relating to an election to a constituent assembly.

The panel and SC justices agreed to supersede jurisdiction of the military court verdicts by the SC and an army official would be tried at a civilian court on any criminal offence.

The Justices also urged the committee to broaden the jurisdiction of the Appellate Courts

Probe panel interrogates former IGP

High Level Probe Commission, as per its jurisdiction to recommend for action against individuals involved in atrocities during the period of Popular Movement, interrogated suspended IGP of the Armed Police Force Shahabir Thapa on Wednesday.

But, the interrogation of the chairman of the dissolved Raj Parishad Standing Committee Parasu Narayan Chaudhary could not be held today after he submitted an application saying he was unable to present at the commission because of health reasons.

The commission sources said that he would be called for explanation on Monday.

The commission has summoned former Home Minister Kamal Thapa and chief secretary Lok Man Singh Karki for interrogation on Friday.

Meanwhile, Harihar Birahi, member of the Commission said that chairman of the then council of ministers might come under investigation process. "The chairman has to take responsibility of the action of the council of ministers,"he said.

Ensure juvenile justice in interim constitution-Experts

The interim constitution should clearly address issues related to the rights and security of children, legal experts and child rights activists opined here Tuesday.

"The future constitution should clearly mention about social security and juvenile justice system," said Santosh Sharma, an advocate while presenting a paper on "Constituent assembly, new constitution and child rights" at a workshop organized by Child NGO Federation (CNF).

He said that if the family, society and the state protect childhood and motherhood, then it would be easier to ensure other rights of the children. Binod Karki, secretary of CNF said that several children were killed during the armed conflict, adding, "We have to ensure that rights of children are not violated despite the severity of the crisis."

Yagya Murti Banjade, attorney general, said it was the responsibility of the state to ensure children's rights to proper wellbeing, education and health. He said that it was necessary to sensitize family members about their responsibility in ensuring child rights.

Army court to be under SC: Thapa

The military court is to come within the purview of the Supreme Court (SC) under the interim constitution, said a member of the constitution drafting committee on Tuesday.

"No entity, including the military court, would be above the Supreme Court [once the interim constitution is promulgated]," said Shambhu Thapa, a member of the Interim Constitution Drafting Committee.

The provision, if included in the proposed interim constitution, would change the existing relationship between civil courts and the military. Under the 1990 constitution, the Supreme Court cannot review verdicts handed down by a military court in cases related to a military person. Decisions of the military court have been questioned many times.

Addressing a gathering of lawyers in the premises of Patan Appellate Court after Speaker Subash Nembang inaugurated the newly-constructed office building of the NBA Patan Appellate Court Branch, Thapa assured that the independence of the judiciary would be ensured in the interim constitution.

On the occassion, senior Supreme Court Justice Anup Raj Sharma underlined the need for change in the judiciary. "Though a big change has come about in the country, this has not been seen in the judiciary. A sea-change should be ushered into the judiciary as well," said Sharma.

Earlier, NBA General Secretary Madhav Banskota asked the Interim Constitution Drafting Committee to ensure the supremacy of the judiciary and fundamental human rights under the interim constitution.

Meanwhile, Speaker Nembang, while inaugurating the building, assured that parliament would cooperate fully with the interim constitution drafting body.

International community should be watch ful on Nepal : Advocate Tripathi

Peace Brigade International (PBI), which is committed for global peace and human rights, celebrated its 25th anniversary in Washington, DC . To mark its anniversary it organizes a conference to discuss the peace process of several countries.

On the occasion Advocate Dinesh Tripathi, was invited to speak on “ People power in Nepal. “ Advocate Dinesh Tripathi said April revolution of Nepal is the finest example of the supremacy of the people power. People of Nepal have shown their courage and fearlessness on the face of huge political repression. People of Nepal had defeated naked and brutal military power by non-violent means. World community should learned from Nepali people that people’s courage and determination can make huge difference and even ruthless military power can be defeated by determined non-violent movement of people and peoples are ultimate master of their fate. People of Nepal are aspiring for full and genuine democracy.

Advocate Tripathi told "People want to make constitution by themselves in Nepal. They are aspiring for a new a constitution, which ensure full sovereignty of people, guarantee all the rights and liberty, and fully empower them. People of Nepal are aspiring for a republican democratic model. Monarchy had always betrayed the Nepali people and always stolen and undermine the rights, liberty and sovereignty of people. Now proven fact of history is that monarchy and democracy cannot go together in Nepal. So Nepal must adopt a republican democratic model. There was massive violation of human rights in king’s regime. "

"Now Nepal has to consolidate the gain of April revolution. People’s sovereignty has still not established in Nepal. King is down but not out. There is still a dominance of military in politics in Nepal. Nepal must ratified Rome statute for International Criminal Court. Impunity should not be allowed at any cost. Establishment of Human rights, genuine, participatory and inclusive democracy is the basis of the lasting peace. Without addressing the problem of exclusion, exploitation and socio-economic margialization lasting peace cannot established. Nepal need to established a just and fair socio-economic order. This is a defining moment in the history of Nepal. Through the April movement people had established their supremacy. But gain made by April movement need to be made institutionalize" he added .

He told futher that Massive Conspiracy is going on to subvert and reversed the democratic gain made by April movement. So people need to be vigilant all the time. International community must be a watchful toward Nepal’s democratizing process and must support the establishment of genuine, full and republican democratic set-up in Nepal.


Large number of human rights and peace activist were participated in the program. Peace process of Columbia, Guatemala, Srilanka, Palestine and Iraq were discussed in the program.

SC seeks power to check the decisions of army court in new constitution

Justices of the Supreme Court (SC) have said that they would urge the interim constitution drafting committee to ensure judicial review power of the Supreme Court in the interim statute to check the decisions of the military court and bring army officials under civil court trial.

Monday’s meeting of the apex court Justices decided they would demand the committee to guarantee the SC's jurisdiction to check the military court verdicts and to try army officials in civil courts.

The 1990 Constitution excludes the army from civil court trials and excludes judicial review even by the apex court on military court verdicts.

The justices also decided to ask the committee to make the provision that SC judges should be appointed from among independent legal experts, law professionals and legal researchers and not from among judicial bureaucrats.

The justices will urge the Aryal committee to form an independent recommendation committee to appoint judges and check the actions of any judge found involved in corruption or irregularities, saying the Judicial Council currently chaired by the Chief Justice has failed to check irregularities in the judiciary.

Courts should gain people's trust : CJ

Chief Justice (CJ) Dilip Kumar Poudel said courts should function in a way as to gain the respect and trust of the people.

Inaugurating the building of the Banke District Court in Nepalgunj , CJ Poudel said: "A court should uphold law and its main responsibility is to gain people’s trust."

“The court’s function is not only to clear lawsuits but its prime goal is to protect the rights of helpless people,” Poudel said, adding: “The state should provide free legal support for helpless people to protect their rights.”

“The judiciary plays a vital role for the state’s power equilibrium. It is also the conductor and protector of the legal state,” Poudel said. Addressing the same programme, registrar of the Supreme Court, Ram Krishna Timilsena said: “16 of the 75 district courts are going to be established as model courts.”

“Legal words should be changed according to time and circumstances and it should be easy for the civilians to understand,” Timilsena said. The programme chaired by chief judge of Appellate Court, Nepalgunj, Krishna Prasad Upadhyaya, was addressed by district judge Birendra Kumar Bataju, president of Appellate Bar, Suresh Poudel, among others.

Legal Experts For Interim Supreme Constitutional Court

Legal experts have urged the Interim Constitution Drafting Committee to form an interim legislative and judicial system to run the interim government before holding elections to a Constituent Assembly.

Speaking at a programme in the capital on Sunday, advocate Bharat Raj Uprety urged the Committee to form an interim Supreme Constitutional Court (SCC) with 'dynamic' judges to look into all constitutional issues during the interim period.

He said the Supreme Court should settle all old cases while the new constitutional issues should be settled by the interim SCC.

There has been debate over whether the Supreme Court has the authority to test the constitutionality of the house decisions, after the reinstated House of Representatives declared itself supreme.

The members of the committee, including chairman Aryal, on Sunday held a meeting at the office of the Nepal Bar Association (NBA) and sought suggestions from lawyers on the interim constitution.

Speaking at the same programme, advocate Hari Prasad Uprety urged the committee not to prolong the tenure of the current HoR.

Advocate Mukti Pradhan claimed that the House does not have a fresh mandate and as such it should be dissolved and an alternative body that exercises all legislatives powers should be formed.

The Interim Constitution Drafting Committee is holding discussions with people from various walks of life about the interim constitution.

NHRC chairman, members resign

The chairman and members of National Human Rights Commission (NHRC) have resigned from their posts en masse.

Addressing a press meet on Sunday, chairman of the NHRC Nayan Bahadur Khatri said he and other members of the NHRC decided to resign collectively in the wake of parliament's lack of trust in their activities.

Their resignation came as the ruling seven-party alliance prepared to file impeachment motion against them at the House of Representatives on Monday, accusing them of failing to observe their mandate responsibly.

Khatri said he and his team would face impeachment had there been international investigation into the works done during their tenure.

Addressing the press conference, commission member Sudeep Pathak said the decision of the seven parties to impeach the NHRC team was politically motivated and accused the parties of trying to recruit loyalists in the commission.

Gokul Pokhrel, Sushila Singh Silu and Dr Ram Dayal Rakesh were other members in the NHRC.

Khatri and his team were appointed by King Gyanendra in May 2005

Mainwhile Chief Election Commissioner Keshavraj Rajbhandari has resigned from his post.

Talking to reporters at the premises of the High Level Commission formed to probe the atrocities committed during people’s movement on Sunday, Rajbhandari announced that he has resigned from his post.

Probe panel grills three on Sunday

The high-level judicial commission formed to investigate into the atrocities committed by the erstwhile royal regime during the people’s movement-II interrogated former minister of state for information and communication, Shrish Shumsher Rana, and two others, on Sunday.

Commission members interrogated Rana, who was the spokesperson of the then royal government, Chief Election Commissioner Keshav Raj Rajbhandari and suspended Inspector General of the Police Shaym Bhakta Thapa for nearly at the commission’s office in Hahihar Bhawan in connection with their alleged role in brutal clampdown on the people’s movement in April.

After interrogation, Rana told reporters that he was ready to accept moral responsibility, as a member of the then cabinet, for the incidents that took place during the 19-day long movement.

He is considered one of the kingpins of the royal regime. He is accused of making hefty cash handouts to pro-palace medias and advising the King to deal toughly with the pro-democracy movement.

Before Rana’s interrogation, the commission had interrogated Rajbhandari, who resigned today from his post in the wake of preparations by the seven parties to impeach him in the parliament, for four hours from 9:00 a.m.

Similarly, the commission grilled dismissed IGP Thapa for nearly five hours, probably the longest interrogation so far.

Emerging out of the questioning, Thapa conceded that atrocities did take place against the agitators but claimed that he did not give orders for suppression. “Concerned people should be held accountable for the clampdown,” said he.

Meanwhile, chief of the dissolved Raj Parishad, Parasu Narayan Choudhary, failed to appear before the commission for interrogation even after a summon notice.

He cited bad health for not being able to present himself before the commission.

District Court Judges Appointed

Taking away the King's authority to appoint judges, Chief Justice (CJ) Dilip Kumar Paudel on Friday appointed 51 district court judges and transferred 83 judges on the recommendation of the Judicial Council.

According to a press release issued by the joint registrar of the Supreme Court, the Chief Justice appointed the judges as per Article 91 of the Constitution of 1990.

Neither did the Judicial Council recommend the appointments to the royal palace, nor did the CJ sought the King's consent on the matter.

This is the first time that the Chief Justice exercised the power to appoint a judge. Earlier , the King used to appoint the judges.

The Chief Justice appointed 33 court officials, 12 government attorneys and six officials of the Law Ministry as judges of the district courts.

Government attornies Lekhnath Dhakal, Narayan Prasad Shrestha, Kul Prasad Sharma, Narayan Prasad Pokhrel, Sudarshan Pandey and court officials Bal Mukunda Dawadi, Kiran Pokhrel, Shyam Lawati, and Bishnu Koirala were appointed as the judges.

Probe commission grills former minister Dhakal

The high-level judicial commission formed to investigate into the atrocities committed by the erstwhile royal regime during the people’s movement-II interrogated former minister Tanka Dhakal and dismissed chief of the National Investigation Department (NID), Devi Ram Sharma, on Friday.

Commission members interrogated Dhakal and Sharma for nearly two hours each at the commission’s office in Hahihar Bhawan in connection with their alleged role in clampdown on the people’s movement.

Initially, was communication minister and government spokesperson in the royal cabinet but was later given local development portfolio after a reshuffle.

"His Majesty never directed the government to suppress the Jana Andolan," he told journalists after being interrogated by the High-Level Investigation Commission

"I am sad for the death of 21 people during the Jana Andolan, but I am ready to bear the responsibility on my part but the then cabinet take the whole responsibility," he told journalists after giving his statement to the commission.

"But who will take responsibility for the killing of people during the tenure of previous governments?" he questioned.

He claimed that the cabinet led by the King had just tried to restore peace in the country and that it had no other intention.

He claimed that the Cabinet of which he was a member had done all things to normalise the democratic process by holding elections and restoring peace.

He told the commission that a Cabinet meeting could not be held then because the King was in Pokhara.

"Initially he had tried to lie but later he revealed that he had signed the order to shut down Radio Sagarmatha when it tried to broadcast Prachanda's interview," a member of the commission .

Similarly, suspended NID chief Sharma claimed that he had no role in atrocities against the pro-democracy agitators. “I have no moral responsibility for the suppression. If you talk about moral responsibility, all of us including the journalists should take some responsibility,” he said, adding, “We have been given dismissal letters without even being given a chance to clarify our point.”

Sharma was dismissed by the new government along with the IGPs and other senior officials of the Nepal Police and the Armed Police Force.

The probe commission headed by former Justice Krishna Jung Rayamajhi has already interrogated several functionaries of royal regime including then cabinet vice-chairman-duo, Dr. Tulsi Giri and Kriti Nidhi Bista

Torture widespread in Nepal: Report

A report of the rights organization Advocacy Forum has presented a very poor condition of human rights in Nepal and said that there is widespread form of torture in Nepal.

A report of the Advocacy Forum said that the forum, documented 5,682 cases of human rights violations during the period of five years (July 2001 to April 2006).

The forum said that it recorded 198 cases of extra-judicial killings, 335 cases of forced disappearances, 2,271 cases of torture, 41 cases of rape of women and 2,837 cases of illegal detention committed by the state security forces and the Maoists.

The forum said that addressing these issues, and ending the use of torture and other human rights violations, will require new laws to protect the rights of detainees in accordance with international norms and reform of the military and police so they are placed fully under civilian authority and subject to the rule of law and prosecutions of those responsible for violations.

The report further said, their torture experiences varied from deprivation of food to electric shock and rape of women, adding, the Forum did not have the capacity to measure the psychological torture and its effect on the victims and their families.

The report further said, Advocacy Forum has faced a number of difficulties in bringing cases of torture. “In the beginning, the Court would not even let us register a complaint where military were the accused.”

The report further said, “One of the major problems in the case of torture is the failure of the State to criminalize the act of torture. Since 1996, the UN Committee against Torture has been asking the Government of Nepal to criminalize the act of torture, but the State has failed to do so

Find causes for loan non-recovery: AG

Attorney General (AG) Yagya Murti Banjade has spoken of the need for investigation to find out the causes of non-recovery of loans.The Attorney General said this at a symposium on 'Consolidation of the activities of the loan recovery tribunal and challenges in implementing the court decisions on disputes related to the recovery of loans' organised by the Nepal Rastra Bank .

He stressed that the bank's transactions should be transparent and the due procedure of the law should be fulfilled in sanctioning the loans.Attorney General Banjade said it would be difficult to realise back the loans if there is a flaw in the process of taking collateral against the loans sanctioned by the banks.

"Everyone should understand that the liquidation of the bank's investment means the financial ruin of public investment.Inaugurating the seminar, Governor of Nepal Rastra Bank Bijaya Nath Bhattarai said that the Lan Recovery Tribunal was an historic achievement in the two decades long financial reforms.

He said the Tribunal cleared financial cases worth Rs. 2.40 billion in the last three years, which raised only 2 per cent of the money.Governor Bhattarai said whether the Tribunal should function, as a part of the Judiciary or as a subordinate office of the Ministry should be clarified. He added that the Nepal Rastra Bank is always in favour of consolidating the Tribunal.

At the seminar, Registrar of the Supreme Court Dr. Ram Krishna Timilsina presented a working paper entitled 'Challenges seen in the implementation of the Supreme Court decisions' while Director of Nepal Rastra Bank Bhaskar Mani Gyawali presented a working paper entitled 'Legal provisions related to the recovery of loans and problems'.

Two more months for Rayamajhi commission

The government has extended the term of the high-level judicial commission formed to investigate the atrocities committed by the erstwhile royal regime during the people’s movement-II by two months.

Meeting of the Council of Ministers on Tuesday had decided to extend the term of the commission by two months as the commission is still continuing its investigation and interrogation of persons accused of involving in suppressing the people’s movement. The commission would work under the same mandate and working procedures as before.

The government had formed the commission under former Supreme Court judge Krishna Jung Rayamajhi on May 06, giving two months timeframe to present its investigation report along with recommendations. Lately, commission members had been saying that they needed more time to complete the investigation.

Journalist Harihar Birahi, lawyers Ram Prasad Shrestha and Ram Kumar Shrestha and general secretary of Nepal Medical Association Dr. Kiran Shrestha are members of the high-level commission.

As part of its investigation, the commission has already conducted field study in various districts in all five regions where atrocities took place during the 19-day movement in April this year.

At least 21 people had died and over 4000 others injured in security actions during the movement that brought down King Gyanendra’s direct rule.

The commission has already interrogated the key functionaries of the royal government including its vice-chairmen-duo Dr Tulsi Giri and Kirti Nidhi Bista, dismissed security officials and advisors to King Gyanendra in connection with their alleged role in atrocities against the pro-democracy agitators.

Interim Statute Panel Starts Work

The Interim Constitution Drafting Committee, headed by former justice of the Supreme Court Laxam Prasad Aryal, officially started its work from yesterday after the government-Maoist talks teams handed out a terms of reference to it to draft an interim statute that would remain in force until a new one is made through an election to a constituent assembly.

Coordinator of the statute drafting panel Aryal told the media that the government-Maoist talks teams have asked the panel to draft an interim statute safeguarding the people rights gained through the 1990 movement and the spirit of the recent Jana Andolan and based on the commitments expressed through the 12-point understanding between the seven-party alliance and the Maoists and the preamble of the 25-point Ceasefire Code of Conduct reached between the government and Maoist talks teams on May 26.

An extended meeting between the government-Maoist talks teams held yesterday had agreed to allow the interim statute drafting committee to begin its work and complete the job within 15 days from the date of its start.

“The main responsibility of the committee is to consolidate the achievements of the Jana Andolan, 2006 and pave broad guidelines to ensure more rights to the people," said Aryal in a press conference held at the Peace Secretariat.

Aryal said that the interim statute, which will be submitted to the government-Maoist talks teams for final approval, would also come up with an alternative to the House of Representatives. "The statute will definitely suggest an alternative to the HoR and such an arrangement will be made as per the mutual understanding of the talks teams," Aryal said, adding that announcement of the interim statute would also be decided upon by the talks teams later.

Asked about the role and place of the King and the institution of the monarchy in the interim statute, Aryal said, "That will also be stated in it as per the declaration of the HoR made on May 18." He further added that the interim statute would also stipulate the duration of holding an election to a constituent assembly, set principles of constituent assembly polls and electoral system.

Sobhraj Appeal in September

The Supreme Court has postponed the appeal of the notorious "Bikini Killer", French national Charles Sobhraj from this week until September, AFP quoted a court official as saying.

"The hearing on the Charles Sobhraj case will take place on September 13," said Ram Krishna Timilsina, registrar of the Supreme Court.Sobhraj, dubbed the "Bikini Killer" after being linked to a series of backpacker deaths across Asia in the 1970s, is appealing his conviction for the murder of a US woman.

The delay was due to the need to find two new Supreme Court justices to assign to the case.

Sobhraj is appealing a 20-year prison sentence for the 1975 murder of American Connie Joe Brozich. Sobhraj was arrested in 2003 in Kathmandu and convicted the following year of Brozich's killing and the verdict was upheld by a higher court.

Sobhraj's lawyers now are appealing the verdict before the Supreme Court, arguing the evidence against the half-Vietnamese, half-Indian French national was fabricated.

Rayamajhi Commission Grills RK Mainali, 3 Others

The High-Level Investigation Commission headed by former Supreme Court Justice Krishna Jung Rayamajhi today interrogated former royal minister Radha Krishna Mainali and three others for their alleged involvement in the suppression of the Jana Andolan II.

Former minister Mainali and outgoing secretary of the Ministry of Information and Communications Kumar Poudel reached the commission office at 11 am to record their statements. They denied talking to the reporters while entering the commission's office.

Similarly, former Chief District Officer of Kathmandu Sushil Ghimire and Director General of the Department of Information Narayan Gopal Malegu are being interrogated by the commission this afternoon, sources said.

Talking to journalists after recording his statement before the commission, Mainali said as an education minister he did not have any role to mobilize security forces. “So I’m not responsible for killing and suppressing people. Those who mobilized security forces should take responsibility for the killings and suppression,” he said.

Apex court judges refuse to take up Sobhraj case

Two justices of the Supreme Court refused to hear an appeal filed by suspected international serial killer Charles Gurumukh Sobhraj challenging verdicts of the lower courts.

Though the case was scheduled to be taken up by a division bench of justices Ram Prasad Shrestha and Rajendra Prasad Koirala , the judges refused to start a hearing.

The judges said they have already conducted a hearing on the case three weeks ago and ordered government attorneys to appear in the Supreme Court to defend the case.“Produce the issue before another bench,” the judges said. “The judges refused to conduct a hearing.

However, we are expecting that the case would come up for a hearing within two months,” Sobhraj’s lawyer Raja Ram Dhakal told . On July 15, the judges had ordered the government to re-examine the circumstantial evidences on which the lower courts convicted Sobhraj.

King to lose power of appointing Judges

In gradual cut off of his power, the King is also losing his power to appoint Judges.

The Judicial Council led by Chief Justice Dilip Kumar Poudel agreed on taking away from the King his power to appoint judges, a newspaper report said on Thursday.

“The Chief Justice and the Judicial Council members have agreed to have the judges appointed by the CJ after the JC’s recommendation. The recommendation would, however, not be forwarded to the King for approval,”

The Himalayan Times Daily quoted Law, Justice and Parliamentary Affairs Minister, Narendra Bikram Nemwang, as saying.Though the House declaration curtailed the King’s legislative and executive powers, it was silent on the King’s authority over the judiciary.

The Constitution of 1990 allows the King to appoint judges and pardon a criminal.The latest decision came at a time when the Judicial Council is mulling to appoint Judges in various district courts.

Sobhraj Appeal to Supreme Court Postponed

A Supreme Court appeal by "Bikini Killer" Charles Sobhraj, slated for Wednesday has been postponed and a new date will be set, lawyers said.

Sobhraj, dubbed the "Bikini Killer" after being linked to a series of backpacker deaths across Asia in the 1970s, is appealing his conviction for the murder of a US woman.

"We will know when the (new) hearing will take place on Thursday," said Raja Ram Dhakal, one of Sobhraj's lawyers. The delay was due to the need to find two new Supreme Court justices to assign to the case, he said.

Sobhraj is appealing a 20-year prison sentence for the 1975 murder of American Connie Joe Brozich. He was arrested in 2003 in Kathmandu and he was convicted the following year of Brozich's killing and the verdict was upheld by a higher court.

Sobhraj's lawyers now are appealing the verdict before the Supreme Court, arguing the evidence against the half-Vietnamese, half-Indian French national was fabricated.

Sobhraj was linked to at least 12 travellers' deaths in the 1970s in Thailand, India and Nepal. But the conviction in Nepal was the only time he has been found guilty of murder.

High-Level Commission Grills Pandey, Singh

The high-level investigation commission headed by former Supreme Court justice Krishna Jung Rayamajhi today grilled former Foreign Minister Ramesh Nath Pandey and honorary aide camp of the King Bharat Keshari Singh.

Pandey came out of the commission’s office at Harihar Bhawan after interrogation at around 4:15 p.m. while Singh was still being interrogated until 5:00 p.m. in connection with his alleged role in suppressing the agitations.

Pandey said the erstwhile royal cabinet should take responsibility for the incidents during the 19-day long people’s movement-II in April this year.

Before entering the commission’s office, Singh said he didn’t advise the King during the royal regime. “Can an ADC provoke the King? I didn’t give any advices either. You [journalists] do not know anything. And, you don’t have brains,” an agitated Singh said. He also denied that the World Hindu Federation chaired by him received money from the royal government.

Meanwhile, the commission summoned four individuals – former minister Radha Krishna Mainali, then head of the Information Department, Narayan Gopal Malego, joint secretary of the Home Ministry Sushil Ghimire and then secretary at the Ministry of Information and Communication, Kumar Poudel for interrogation on Thursday.

CJ Preparing To Appoint 51 District Court Judges

The Judicial Council headed by Chief Justice (CJ) Dilip Kumar Paudel is making preparations to appoint 51 judges in several district courts after a few judicial staffers gave a week's ultimatum to the CJ to fill the vacant posts.

The CJ has called a meeting of the Judicial Council to discuss the appointments on Wednesday.
A few judicial officials met the CJ a few days ago and warned him that they would go on a strike if he did not call the council's meeting within a week.

A few government attorneys also met Paudel on Monday and urged him to appoint the judges in the district courts. Most of the judicial officials who met the CJ are eligible for the district judges' post.

A handful of Supreme Court judges, however, advised Paudel not to make the appointments at a time when the country is going to draft a new constitution.

"As there is a need to restructure the entire judiciary and that may be incorporated in the interim constitution, the CJ may not appoint the district judges for now," an SC judge said. The judge also said that there will be a confusion as to who will appoint the judges as the King's powers have been curtailed by the House of Representatives. The 1990 constitution allows the King to appoint the judges.

CIAA chief for amending laws to check graft

The chief of the Commission for the Investigation of Abuse of Authority (CIAA), Surya Nath Upadhayaya urged the State Affairs Committee of the House of Representatives to amend several existing laws in order to curb corruption in the country.

According to him, rampant corruption can be checked if the House amends laws and makes them compatible with the UN Convention Against Corruption.

Addressing a meeting of the State Affairs committee held to discuss the role of the CIAA in combating corruption, Upadhayaya said the Corruption Control Act 2059BS, Military Act 2016, Members of House of Representatives Election Act 2047, Financial Procedural Act 2055, Company Ordinance 2062, Shareholders Act 2020, Nepal Rastra Bank Act 2058, Local Bodies Election Act 2049 and the Bank and Financial Bodies Act 2056 need to be amended.

Book on SC verdicts on women trafficking launched

Minister of State for Women, Children and Social Welfare, Urmila Aryal, today said women’s right to parental property and the provision by which one can get citizenship through a woman’s name make them socially and economically strong. This will help reduce trafficking of girls to neighbouring countries.

Aryal was speaking at a programme organised to launch a book, ‘Compilation of Supreme Court verdicts on Human Trafficking,’ published by The Daywalka Foundation

She said the law enforcing agencies and the political parties must be gender sensitive to prevent trafficking.

Attorney General Yagyamurti Banjade said: “The compilation shows that financial backwardness and illiteracy has led to human trafficking.”He was of the view that adequate preventive measures should be taken to prevent trafficking of girls.

Sharada Shrestha, a Justice of the Supreme Court, said that though the judiciary has made a remarkable contribution in handling cases related to human trafficking, there is no provision to compensate the victims.

Rayamajhi Commission interrogating former VC Bista, others

The Rayamajhi Commission has started interrogation of former Vice Chairman in the royal cabinet, Kirtinidhi Bista, and Sharad Chandra Shaha, believed to be one of the key advisors to His Majesty King Gyanendra.

The Commission has been interrogating them in connection with their alleged role in suppressing people's movement 2006.

Talking to reporters at the premises of the High-level Commission at Harihar Bhavan, Lalitpur Tuesday morning, Bista said the entire royal cabinet, including himself, would have to take moral responsibility for the death and injury of pro-democracy activists. "Personally, I was not responsible for suppressing the movement," he added.

Shaha did not want to talk to reporters.

The interrogation with Bista and Shah is continuing at the Commission's office.

The Commission has already interrogated no. two in the royal cabinet, Dr. Tulsi Giri, other former ministers and police officials in connection with their alleged role in suppressing the people's movement.

House passes landmark proposal

House of Representatives on monday passed a proposal scrapping 53 provisions in the 1990 Constitution that contradict the spirit of the HoR declaration.Fifteen provisions were suggested to overcome constitutional obstacles. Terminologies like ‘state’, ‘Nepal government’, ‘Nepali Army’ and ‘Nepali ambassador’ to be used instead of ‘kingdom’, ‘His Majesty’s government’, ‘Royal Nepalese Army’ and ‘Royal Nepalese ambassador.’The Cabinet will exercise “executive power” stipulated under Article 35. It will also issue ordinances and exercise emergency powers. The Cabinet will exercise the power of removing difficulties as per Article 127, which, however, should be ratified by the House.

The PM will present the government’s fiscal policy and programme in the House. House will appoint PM while the PM will appoint the deputy PMs and ministers.The Cabinet will nominate members of the National Assembly.

Earlier, the King used to nominate 10 members of the Upper House. The PM will take oath of office in the House and other ministers will do so that in front of the PM and other officials will take oath according to the provisions decided by the House.The Cabinet will appoint ambassadors and special representatives. Even the Attorney General and Chief of the Army Staff will be appointed by the Cabinet.Deputy Speaker Chitra Lekha Yadav tabled the proposal in the second sitting of the House.

In the first sitting, she had presented the Special Committee’s Preliminary Report, which identified 53 provisions in the Constitution contradicting the House declaration. The House was adjourned for an hour between the sittings. It will resume at 11 am tomorrow.

Mainwhile The Nepal government has scrapped the provision of national holiday on the birthday of King Gyanendra that falls on July 7, Friday.King's birthday was celebrated as 'national day' last year.

Talking to reporters after the meeting of the council of ministers at the Prime Minister's residence at Baluwatar in Kathmandu on Monday, Minister of State for Information and Communications Dilendra Prasad Badu said only the officials working at the Narayanhiti royal palace would get holiday on that day.

Obtain info from Ministry, Rayamajhi panel tells SC

The High-level Investigation Commission chaired by former Supreme Court Justice Krishna Jung Rayamajhi told the Supreme Court to acquire information on the panel's recommendation to the government from the Home Ministry.

The Commission did not clearly tell the apex court whether it had suggested the government take action against the Chief of Army Staff Pyar Jung Thapa and high-ranking officials of security agencies.“The commission has been investigating the misuse of power and the state treasury by the erstwhile cabinet. The court may have all the information regarding the recommendations from the Home Ministry,” the commission wrote to the SC.


On June 23, a single bench of Justice Kalyan Shrestha had directed the commission to furnish details of the recommendations.

Nepali Worker Wins QR135,000 In Compensation

A Qatari court last week awarded QR135,000 in compensation to a Nepali worker who suffered 90 per cent burn injuries at a work site in Al Khor about a year ago, reports said.

Laxman KC, 23, was working in a garage as a helper and suffered burn injuries while doing some welding work. The fingers of both of his hands were webbed due to the accident and he is to undergo an operation.

The employer challenged Laxman's plea for compensation in the court on the ground that he was injured due to his own fault as he being an unskilled worker and not trained in welding works, was doing the job on his own.

The Nepali embassy in Qatar came to the worker's rescue and hired a lawyer (a Qatari woman) to fight his case and she eventually won the case for him. The embassy will file a law suit to recover the compensation amount from the garage owner in a week's time.It is learnt that the worker was not insured, in which case the owner of the garage can be asked to pay the compensation amount.

Under Qatari laws, if it is proved that a worker has suffered injuries at work place due to his own fault, he is not entitled to workman's compensation.Laxman has expressed his wish to leave the country for good after undergoing the operation.

High-Level Commission Grills Shahi, Ansari

The high-level investigation commission headed by former Supreme Court justice Krishna Jung Rayamajhi today grilled former ministers Dan Bahadur Shahi and Salil Miya Ansari.Former Home Minister Shahi declined having any role in suppressing the Jana Andolan.

“My support for the King does not mean that I’m guilty,” Shahi said talking to journalists present at the commission premises.Another former minister Ansari said the then government did not deliberately suppress people. “Mistakes may have occurred while trying to maintain law and order. We were trying to maintain law and order,” he said.

“If I’m proved guilty by the commission, I am ready to be punished.”The commission is interrogating Rajendra Bahadur Singh and Rup Sagar Moktan.

Rayamajhi panel grills Bista, top cops

The high-level judicial commission formed to probe into atrocities committed to suppress the April Movement interrogated four persons including two former junior ministers on Sunday.
Then assistant ministers Jagat Gauchan and Senate Shrestha, who were removed in a reshuffle in the erstwhile royal cabinet last year, and two dismissed SSPs of Armed Police Force (APF), Madhav Thapa and Druj Kumar Rai, were interrogated by the commission in connection with their alleged role in suppressing the people’s movement.

The two former ministers were quizzed for over two hours separately. Gauchan, who arrived at the commission’s office in Pulchowk with his ‘supporters’, claimed that he had no role in the clampdown on the people’s movement since he was not in the government. He said he was still loyal to the King.

Both Gauchan and Shrestha said they had no hand in suppressing the Jana Andolan as they were excluded from the cabinet and that they were not ministers at that time.

Gauchan said there was no doubt that he was a royalist but he never provoked the King to use force against the people. Shrestha said that he felt very sad when the King excluded him from the cabinet.

Thapa and Rai were questioned in connection with the shooting at demonstrators in Gongabu and Kalanki areas in Kathmandu, in which at least four persons were killed and hundreds others were injured.

According to reports, SSP Rai had not only ordered the security forces under his command to open fire at a demonstration in Kalanki but had himself fired live rounds, killing at least four persons. Both were dismissed by the present government.

Rayamajhi Commission grills Satchit Shumshere, three others

The high-level Investigation Commission formed to probe into the atrocities committed by the erstwhile royal government to suppress the recently concluded pro-democracy movement, on Friday questioned a royal advisor, former minister and two senior police officials.

Former chief of Army Staff and member of the outlawed Rajparisad, a royal advisory body, Satchit Shumshere Rana and royally appointed minister for Law, Niranjan Thapa were grilled by the commission for their alleged role in suppressing the April uprising that left at least 21 dead, today morning, according to our correspondent Durga Khanal.

"I never remained against democracy rather I supported it and advised the king to reach consensus with the political parties," said Rana while talking to journalists after the interrogation.

He added that the Rajparishad had never conspired against the political parties. "It's our (Rajparishad's) responsibility to advise the king to be active in politics," Rana replied when asked as why the Rajparishad, a non-political body, through various assemblies, urged the king to take absolute powers.

When asked about the responsibility of the death of the 21 people during the Janaandolan II, he questioned: "Who will bear the loss of 13,000 lives in the 10-year-period (Maoist people's war), and recent death of nine people since April 24 (the new government came in power)"

Likewise, former minister for law, Thapa claimed that he had no any role in suppressing the pro-democracy movement. He said: "How can I take the responsibility of the loss of life and properties when the commission has not published any swupporting report on this regard"

Similarly, the commission, formed to recommend necessary punishment to the perpetrators of using force to suppress the pro-democracy movements, also questioned former additional inspector general (AIG) of Nepal Police, Krishna Basnet and former AIG of Armed Police Force, Raviraj Thapa were also questioned by the panel this afternoon.

Earlier on Tuesday, the commission headed by former Supreme Court justice Krishna Jung Rayamajhi, grilled vice-chairman of the royal cabinet Dr. Tulsi Giri, his cabinet colleague former minister Badri Prasad Mandal and junior minister Nikshya Shumshere Rana for the same charges.