High level probe commission submits its report to PM

The high-level commission formed to probe the atrocities committed to suppress the April movement of the country has submitted its report to Prime Minister Girija Prasad Koirala at his official residence in Baluwatar this morning.

Members of the commission informed that the report recommended the government to take necessary action against two hundred and two persons who were found guilty in killings and suppression.The panel had interrogated 294 persons for their alleged roles in suppressing the people's movement II. However, King Gyanendra did not respond the questions sent by the commission to clarify his role as then head of the government.

Chief of the Commission, former Supreme Court Justice Krishna Jung Rayamajhi said that they have made the report as per the people’s aspiration respecting the Rule of Law.He further said that they had documented all the incidents of rights violations during the Jana Andolan (People’s Movement) II.On the disagreement expressed by two members of the probe commission in the report, Rayamajhi said it is their right to express dissatisfaction.

Similarly, talking to journalists after submitting the report, one of the members of the commission, Hari Har Birahi said that the report recommended for action against all members of then council of ministers, administrators among others. King Gyanendra was the chair of the then council of ministers.Birahi quoted Prime Minister Koirala as saying that the government would implement the report as soon as possible.

Meanwhile, two members of the commission, Dr Kiran Shrestha and Ram Kumar Shrestha, who expressed their dissatisfaction over the report, said that they had submitted a separate report to the PM.

House passes bills

The meeting of the House of Representatives (HoR) Sunday unanimously passed the proposal to consider over Nepal Water Supply Corporation Third Amendment Bill-2063 and the Petroleum Products Transaction Bill-2063 BS.

Minister for Industry, Commerce and Supplies Hridayesh Tripathy had forwarded the proposal on behalf of his own ministry and the Minister of Physical Planning and Works.Similarly, the meeting also approved the proposals to send the Pension Fund Bill-2063 BS presented by Minister Tripathy on behalf of Finance Minister, Dr. Ram Sharan Mahat, Foreign Employment Bill-2063 BS presented by Minister Tripathy on behalf of Minister of State for Labour and Transport Management, Ramesh Lekhak to the concerned committees for clausewise discussion.

The chairman of Population and Social Committee, Birodh Khatiwada proposed the Medical Science National Academy Bill-2063 BS and Nepal Health Service Third Amendment Bill-2063 BS including the committee's report at the meeting.

The meeting was held under the chairmanship of the Speaker of HoR, Subash Chandra Nembang.

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Govt can take action against stir suppressors:Aryal

ormer Supreme Court Justice and the Convenor of the Interim Constitution Drafting Committee, Laxman Prasad Aryal, on sunday said that government can take action against those who suppressed Jana Andolan II by promulgating a new law.

“This is not a normal situation, so promulgation of a new law will authorise the government to take actions against those who used excessive force to suppress the April movement,” Aryal said. He said questions might arise over promulgation of a law with retrospective effect but in situations like this promulgation of such law can be justified.

Aryal said this while delivering a lecture at a workshop on administrative law, organised by the students of Masters in Public Administration, first year.

Aryal said consensus among all the political forces is necessary to take actions against those found guilty of using force to suppress movement, as stated in the report prepared by the High-Level Investigation Commission.

Implementation of regular law is not sufficient to resolve serious problems in the country, he said.

Registrar of the Supreme Court, Dr Ram Krishna Timalsena, said promulgation of a law with retrospective effect can pave way to take actions against anyone responsible for carrying out any crime in the past.

Hearing postponed

The Supreme Court on sunday postponed its hearing on the case against the recent appointment of 51 district court judges.

Justice Rajendra Prasad Koirala did not conduct the hearing today, saying that he could not hear the case as one of the appointees was his relative. Six government attorneys eligible for the post of district court judge, including Medini Prasad Paudel, had filed the case, which was scheduled for hearing today. The petitioners have alleged that the appointment was discriminatory and called the Judicial Council headed by CJ Dilip Kumar Paudel to review the same.

Rayamajhi commision to submit its report Monday

Despite serious differences among the members, the High Level Probe Commission (HLPC) formed to investigate the suppression of the April pro-democracy movement, is all set to submit its report to the government on Monday.

"The commission will submit its report to Prime Minister Girija Prasad Koirala at his official residence at Baluwatar tomorrow morning," said Dilli Raman Acharya, the HLPC spokesperson.

Grave differences surfaced among the commission members on the process for recommending action against "King Gyanendra and other highly-placed people", who the commission has reportedly found "guilty" of suppressing the April movement and misusing state funds during the direct royal rule.

Two members of the commission, Ram Kumar Shrestha and Dr. Kiran Shrestha, had walked away from the meeting held at the commission's office last week to finalize its report.

One of the commission members, Ram Kumar Shrestha said HLPC Coordinator Krishna Jung Rayamajhi objected to the idea of recommending the government to formulate necessary laws to "punish King Gyanendra for his role in suppressing the April uprising."

"I did not sign the final report as I was not allowed to express my note of dissent over the discriminatory actions recommended against the Janaandolan suppressors in the report," said Shrestha.

"I am of the view that all the suppressors, those who designed the crackdown and those who executed it on the streets, be held equally responsible," said Shrestha hinting at the king.

Saying that the HLPC members were still divided over the issue of recommending action against the king, Shrestha added that he would make "all the contentious issues" public tomorrow if he would not be allowed to table his "note of dissent."

According to Shrestha, the other commission members including coordinator Rayamajhi recommended that the report should hold the king responsible for the April atrocities, but should not recommend the formulation of laws required to punish him.

Prime Minister Girija Prasad Koirala has already said that the government can take action against the king if the HLPC indicts the latter in its report. Talking to media persons at his hometown residence in Biratanagar on Saturday, the PM had said that the government was ready to take "any decision" considering the current situation and national interest. "We will have to find a way to take action against the king if the commission so recommends," the PM had said.
Earlier last week, news report quoted unnamed commission members as saying that the commission has concluded that the king, as the then Chairman of the Council of Ministers, should take responsibility for the atrocities committed during the April mass rebellion.

Similarly, the commission has recommended corruption charges against former vice-chairmen Dr Tulsi Giri and Kirti Nidhi Bista and ministers Tanka Dhakal, Sris Shumshere Rana and Badri Mandal.

The commission is reported to have recommended strong action, on charges ranging from murder to corruption, against the then chiefs of the security wings.

The commission, formed in May 2006 immediately after the success of the April uprising, had interrogated 296 persons. And it has prepared recommendations for necessary action against around 200 persons, holding them responsible for atrocities committed during the April movement in which 19 people were killed and over 5,000 injured.

House panels pass bills
A meeting of House of Representative, Population and Social Committee, held Friday unanimously passed the Nepal Health Service Act-2053 Amendment Bill -2063 BS and the Medical Science National Academy Bill- 2063 BS.The committee has said the meeting held under the chairmanship of Committee Chairman Birodh Khatiwada passed the bills.Meanwhile, the meeting of the House of Representatives (HoR), Population and Social Committee on Friday has unanimously passed the Bill-2061 BS and the Bill-2062 BS that were formulated to amend Nepal Health Service Act-2053 BS and to set provisions regarding National Academy for Medical Science, , respectively.The meeting presided over by Chairman of the Committee Birodh Khatiwada has passed the Bills, today, said the Committee.

mainwhile Speaker of the House of Representatives Subash Nembang certified the Safe Transaction Bill- 2063 BS passed by the House of Representatives as per the Some Public Documents Certification (Procedure) Act-2063 BS.

Panel's appeal to people

The Investigation panel headed by appellate court judge Lokendra Malik formed to find the whereabouts of three missing persons today publicly called people to provide information if they have any information about the whereabouts of Rajendra Prasad Dhakal, Bipin Bhandari and Dil Bahadur Rai. The trio has been missing.“We have appealed to people to provide clues to us if they have any so that we can find whereabouts of missing people,” Chairman of the commission, Mallik, told journalists at a press conference organised by the panel on friday.

The Supreme Court had formed the three-member panel to investigate into the matter. Government joint attorney Saroj Gautam and advocate Govinda Bandi are the other two members of the panel.

Dhakal is missing since more then ten years and the whereabouts of the other two are not known since the past three years. Responding to habeas corpus cases, a division bench of SC justices Khil Raj Regmi and Kalyan Shrestha had set up the panel to investigate into the cases.
The panel is preparing to investigate police offices and army barracks and to interrogate security officials to find out the whereabouts of the missing people.

Suspended Top Cops Attend Duty

Four senior Nepal Police officials, including its chief, who were suspended by the government for "their suspicious role" during Jana Andolan II, on Friday joined their service by signing on the attendence book at the Ministry of Home Affairs.

The government, on May 12, had suspended Inspector General of Nepal Police Shyam Bhakta Thapa, AIGPs Rajendra Bahadur Singh, Rup Sagar Moktan and Krishna Basnet

IG of the Armed Police Force Sahabir Thapa, APF-AIG Rabiraj Thapa and APF-Senior Superintendents Durja Kumar Rai and Madhab Thapa, who were suspended on the same charges, are yet to join their duties because their suspension term is yet to end.

Meanwhile, Khul Bahadur Kunwar, 46, and Yagya Bahadur KC, 40 lost their jobs and served four years and seven years in jail respectively, after the Special Police Court found them guilty of stealing two revolvers from the Arsenal of the then Mid-Regional Police Training Centre, Maharajgunj, which they were guarding, when the weapons went missing.

After serving 15 years, in 2003, one Ghanashyam Adhikari, a former policeman, approached them separately and revealed the fact that it was he who had stolen the revolvers from the Arsenal they were guarding and said sorry for whatever they had to undergo due to his action. He also submitted a revolver he had stolen to the police.

Police arrested Adhikari the same year and the Special Police Court found him guilty of stealing the revolvers. Now, Adhikari is serving a jail term of four years for the crime he committed 15 years ago.

After knowing that the court has found Adhikari guilty of stealing the revolvers, the two disgraced policemen took up a legal battle to win their lost glory, the same year.

Kunwar and KC appealed to the Regional Police Special Court (RPSC), Patan, demanding an order to the Nepal Police to reinstate their jobs and provide them with due compensation.

At the backdrop of Adhikari owning the crime and same Court convicting him on the charge, Kunwar and KC appealed to the Regional Police Special Court (RPSC), Patan, demanding a order to Police Organisation for reinstatement of their job and compensation in 2003.

Responding to the petition, the RPSC had asked the then Kathmandu District Police Office (KDPO) — now called Metropolitan Police Range (MPR), Hanumandhoka, to clarify the court about the issue and the claim made by the two policemen. The KDPO, however, didn't furnish any reply saying it has no records dating back to 1988.

The two policemen, with help of Centre for Victims of Torture (CEVICT), came to the Metropolitan Police Range to pressurise the police officials to reply at the earliest to the RPSC.Sharad Oli, Deputy Superintendent of Police at the MPR, said they have already replied to the Court saying they don't have any record of the case.

"We can help them if the Court orders formation of an investigation committee and proceed the case," he said. Kunwar and KC said all they wanted was justice. "We want justice," they echoed.
The CEVICT, meanwhile, has said that the duo were extremely tortured and made to confess to the crime they never committed and that it has filed a complaint at the National Human Rights Commission demanding action against the police personnel who tortured them.

Rayamajhi panel fails to submit report to PM

The High Level Investigation Commission headed by former Supreme Court Justice Krishna Jung Rayamajhi could not submit its report to Prime Minister Girija Prasad Koirala on friday as the PM was in Biratnagar.

Commission officials have been told the PM would receive the report probably on Monday. A majority of members of the commission had signed the report yesterday although two members of the commission Ram Prasad Shrestha and Dr Kiran Shrestha had refused to sign on the final report.

Rayamajhi had given a chance to the two members to sign on the report, but they did not attend office today.“Rayamajhi had told us either to sign or submit a report separately but we had no time to prepare a separate report,” said Ram Kumar.

He has been accusing Rayamajhi and the majority group of trying to save the King, the former ministers, and the security chiefs as he claimed that the majority group does not want stringent action taken against them.Ram Kumar is against the government’s acceptance of the report.

According to him the report has no value. “Since its tenure expired yesterday, how can the government accept it as it has no legal validity today,” he said. Ram Kumar, representative of the NC who had, along with another member, Dr Kiran, walked out of the commission meeting yesterday, accused the majority group of adopting a discriminatory policy.

However, another NC representative in the commission, Harihar Birahi, said: “People will know the truth when the government makes the report public”.

The report has recommended the government to prosecute all the members of the erstwhile council of ministers led by King Gyanendra on charge of corruption.

But the report does not recommended prosecution of them on murder charge saying that they had not opened fire against anyone and their involvement cannot be established in court.

Cases of Domestic Violence against Women on Rise

Records kept at the Women's Cell at Kalimati show that most of the complaints lodged at the cell are related to instances of beating by husbands. Records also show an increasing trend of domestic violence against women in the country. Out of 907 complaints lodged at the Women's Cell in 2005-06, 830 were related to domestic violence. Out of 1,070 complaints lodged at the cell in 2004-05, 996 were related to domestic violence. Of 830 complaints lodged at the cell in 2003-04, 752 were related to domestic violence.

Report presented

Chairman of the Nepal Law Reform Commission Babu Raja Joshi today presented the Economic Report of the commission for Fiscal Year 2005/2006 to Minister for Law, Justice and Parliamentary Affairs Narendra Bikram Nemwang.The Report includes topics like the introduction of the Commission, its formation, organisation structure, status of physical condition and the status of human resources, the works carried out within Fiscal Year 2005/2006, the projected financial programme for Fiscal Year 2005/2006, the problems of the Commission, suggestions and the Commissions commitments.On the occasion, Minister Nemwang said that the Report would be forwarded to the bodies concerned and necessary assistance would be provided for the implementation of feasible suggestions.The Commission has expressed the commitment to prepare list of experts for preparing laws in future so as to make them more research-based, to promote transparency in the activities of the Commission, to design a separate Website for increasing the access of general public and to work in coordination with the bodies preparing the international laws.

RSS

Special Court gives clean chit to ex-minister Joshi

A day after it acquitted a ‘tainted’ former minister of corruption charges, the Special Court gave clean chit to former minister Govinda Raj Joshi, dismissing a corruption charge lodged by the Commission for Investigation of Abuse of Authority (CIAA) against him.

A three-member bench comprising Chairman of the Special Court Bhupadhoj Adhikari and judges Komal Nath Sharma and Cholendra Shumsher Rana cleared Joshi of corruption charges.
The CIAA had on the basis of the report of the Judicial Inquiry Commission on Property (JICP) filed a case at the Special Court, accusing the former minister of amassing Rs30 million without disclosing its source by misusing his authority as then minister.

The court had remanded him in custody for a few days at the request of the anti-graft body but he secured release as the trial continued.

The CIAA had arrested Joshi, a Nepali Congress leader, from his house on October 13, 2003. He held home and education portfolios in different governments in the past.

Two members refuse to sign the final report

Two members of the High Level Probe Commission, Ram Kumar Shrestha and Dr. Kiran Shrestha have refused to sign the final report expressing dissatisfaction over what they called as 'feeble' recommendation, particularly in relation with the action against the King and other top officials.

The disagreement erupted after the final report of the commission recommended action against the former home minister Kamal Thapa; royal advisors Satchit SJB Rana and Sharad Chandra Shah; former army chief Pyara Jung Thapa; former police chief Shyam Bhakta Thapa; former armed police chief Sahabir Thapa; and former chief of National Investigation Department Deviram Sharma only on the charge of misusing state coffer instead of slapping them charges of murder.

Shrestha duo refused to sign the minute of the meeting of the Commission on Thursday even though other members signed it in preparation of its formal submission to the Prime Minister on Friday. They also accused majority members of trying to protect the King from facing tough action. They were dissatisfied after the Commission report failed to firmly recommend action against the King despite finding him guilty of repression. Ram Kumar Shrestha said that they did not sign the report because its recommendations were not tough enough and could provide impunity to main culprits.

Rayamajhi Panel Report not to be Made Public

The High-Level Investigation Commission headed by former Supreme Court Justice Krsihna Jung Rayamajhi on Thursday said its report on the suppression of the April mass movement and killings won't be made public.The commission will submit the report to Prime Minister Girija Prasad Koirala on Friday.

"We will not make the report public," Rayamajhi told . He added that as there are serious matters in the report, publicising it may affect the law and order situation.

Rayamajhi said they finalised the report on Thursday and sought Koirala's time for its submission. The panel took 184 days to complete its work.

Rayamajhi said the Probe Commission Act, 1969, does not allow the commission to make the report — a secret document — public. "We can, however, disclose limited information verbally," he said.

He also, however, said that he would suggest the Prime Minister to make the report accessible to people as it is a matter of public interest.

The commission has indicted King Gyanendra, members of the erstwhile cabinet, chiefs of security agencies and high-ranking security officials. It has also decided to recommend the government to prosecute on murder charges former Home Minister Kamal Thapa and those who issued shoot orders during the agitation.

President of Nepal Bar Association, Shambhu Thapa, however, criticised the idea of keeping the report a secret and called on the government to respect the rights of the people. "If the government wants to respect the right to information of the people, the report must be made public," Thapa told

."This is a public document and as such it must be made public as per article 16 of the 1990 Constitution and in accordance with the emerging principle of right to information and to promote the rule of law," he said.

Advocate Upendra Keshari Neupane also suggested the government publicise the report and implement it's suggestions so that it does not meet the same fate as that of the Mallik Commission report. The Mallik Commission was formed to investigate the suppression of the 1990 movement. However, its recommendations were never implemented.

President of the Federation of Nepalese Journalists Bishnu Nisthuri also objected to the idea of keeping the report a secret. "This is against the spirit of the Jana Andolan-II," he told .

Mainwhile Serious differences arose among members of the High-Level Investigation Commission over the recommendation to the government to take action against the king, former ministers and chiefs of security agencies.

While a majority of the members of the panel decided to submit the report to the PM, two members Ram Kumar Shrestha and Dr Kiran Shrestha accused them of trying to save the king and the officials from facing stringent action.

Though they did not write a formal note of dissent , they objected to the idea of the majority of the members.“We went against the proposal of the majority as they have tried to protect the King, the former ministers and the chiefs of security agencies,” Shrestha told .

He and Dr Shrestha did not sign the minute and walked out of the meeting. However, the majority of the members decided to stick to the plan of submitting the report.

Shrestha alleged that the majority was against charging former ministers, including Kamal Thapa, and the security chiefs, under murder charge, and wanted them to be prosecuted under corruption charge.

However, another member of the commission claimed that Ram Kumar and Dr Shrestha were trying to hinder the decision making process.

The majority also claimed that Ram Kumar is close to the chief of the Nepali Army Rookmangud Katawal and he was trying to obstruct the process and that Ram Kumar always created problems while the commission was doing its job.

“The truth is that the two members want the officials prosecuted on corruption charges and not on murder charges,” a member in the majority group said.

He said the commission would go ahead and recommend prosecuting the officials on murder charges as well.Another member Ram Prasad Shrestha said that the two members’ allegation that the majority of the members are trying to protect the king and the former officials is “totally baseless.”

Show cause on Fewa case

Pokhara Appellate Court on Wednesday issued show cause notices to the defendants in a writ petition filed for conservation of Fewa lake. The petition was filed on Tuesday against Kaski DDC, Pokhara sub-metropolitan city, Sarangkot, Pumdibhumdi and Chapakot VDCs bordering the lake. Advocate Bishwo Ghimire filed the petition demanding issuance of a mandamus order stating that the authorities responsible for conservation of the lake have been slacking off in their job and this has led to shrinkage of the lake’s area. Pokhara appellate court judge Mohan Prasad Ghimire gave the defendants a 15-day deadline to submit their written explanations.

Complaint against RCCC

An official who had faced action from the Royal Commission for Corruption Control (RCCC), Jamuna Krishna Tamrakar, wednesday filed a complaint at the investigation commission headed by former Judge Madhav Prasad Ojha that is investigating the excessive use of force by the RCCC. Tamrakar, former Director General of the Department of Forest, had sought action against the RCCC officials including its chairman Bhakta Bahadur Koirla. The RCCC had arrested him on charge of corruption. Yesterday, the commission had publicly called the RCCC’s victims to file complaints against its officials giving 10 days’ time so that it can probe into the matter.

Special Court acquits ex-minister Khadka of graft charges

The Special Court today acquitted former minister Khum Bahadur Khadka of corruption charges lodged by the Commission for Investigation of Abuse of Authority (CIAA).

A three-member bench comprising chairman of the Special Court, Bhupadhoj Adhikari, and members Komal Nath Sharma and Cholendra Shumsher Rana gave clean chit to Khadka.

The CIAA had filed a corruption that a case against Khadka, a Nepali Congress (NC) leader, accusing him of amassing huge amount of property by misusing its position as then home minister.

The anti-graft body had accused him of embezzling Rs.23,687,634 during his tenure as a minister.

SC show cause on Pariyar death

The Supreme Court Tuesday issued a show cause notice, asking the government why it had not taken action against the security personnel responsible for the death of human rights activist Dayaram Pariyar some eight months ago.

The single bench of justice Ram Prasad Shrestha issued the notice, responding to a writ petition filed by advocate Ratna Bahadur Bagchand on Monday. "Submit written details on why no action has yet been taken against the security man involved in Pariyar's killing," the SC order said.

A police team, including Police Inspector Prakashraj Sharma, had opened indiscriminate fire at Janak chowk of Janakpur in April this year. The firing had killed Rastriya Prajatantra Party leader Ram Chandra Yadav on the spot and National Human Rights Commission (NHRC) official Pariyar died four days later while undergoing treatment in Kathmandu.

After a probe it carried out, the NHRC had recommended to the government to press criminal charges against the security man who had shot Pariyar. But the government has not taken any action against the allegedly guilty policeman.

OHCHR-Nepal will continue to monitor human rights situation

The Head of the Office of the High Commissioner for Human Rights in Nepal (OHCHR-Nepal), Lena Sundh on Wednesday reiterated that the OHCHR-Nepal would do the utmost to support the parties’ endeavours in the peace process and would continue to monitor the human rights situation in Nepal as requested by the political parties.

The newly-appointed head of the OHCHR-Nepal who arrived in Kathmandu on Monday, in a press meet today said, “I am pleased to be here in Nepal and lead a dedicated team.”

An expert in conflict management and peacekeeping with a 30-year-long international career, Sundh was appointed the head of the OHCHR-Nepal on October 18.

Sundh speaking today at her first press conference within the capacity of the head of the OHCHR-Nepal, said, “I assure that OHCHR-Nepal will continue its work in different districts of Nepal to monitor human rights situation. Our human rights officials in five development regions will continuously monitor the human rights situation across the country through capacity building and technical assistance.”

Sundh also stressed that all the parties must abide by the November 8 agreement and the OHCHR-Nepal will continuously monitor the implementation after the comprehensive peace agreement is signed by the government and the Maoists.

Emphasising on the establishment of rule of law, Sundh said, “The rule of law is the foundation and nobody can be above the law. The impunity must end. Ending impunity remains one of the biggest human rights challenges for Nepal.”
Sundh termed the formation of the high-level truth and reconciliation commission a positive step and underscored that the commission must be independent, credible and strong. Sundh also pointed out that the National Human Rights Commission in Nepal must be strong, impartial and independent.

Stating that the voices of dalits, janjatis, women and other marginalised people must be addressed, Sundh said that during the transitional phase, it is necessary that their human rights must be guaranteed.

"When the peace process begins, installing the parliament and the government is not the ultimate aim but is the beginning", said Sundh, adding, "By respecting the human rights of the people of Nepal, parties can establish conducive environment for CA elections."

Mainwhile The National Human Rights Commission (NHRC) has requested the Maoists not to violate the agreement with the Seven Party Alliance (SPA).A complaint had been filed at the Commission which said that the Maoists forcefully transferred the registration of the land belonging to Madan Mandal Khatwe of Simara-5 in Sarlahi to that of Akalesh Mandal two weeks ago, the Commission said.

A group of Maoists led by Thaga Mahara Chamar, chief of the 'people's government', also severely tortured the landowner, the Commission cited the complaint.The Commission has also requested the Maoists to stop such incidents and return the land to the landowner.

Rayamajhi panel found King Gyanendra guilty

The High-level Investigation Commission headed by former Supreme Court Justice Krishna Jung Rayamajhi has found King Gyanendra guilty of suppression and killing of people during Jana Andolan II. The commission has decided to urge the government and parliament to take necessary steps against the King as no law permits action against him.

The commission, which spent 184 days to complete its investigation, is to submit its report on Friday to Prime Minister GP Koirala.

“We have decided to recommend the parliament to take necessary steps against the King as we found him guilty,” a highly placed commission source told . He also added that they have said that though the King did not respond to the commission’s questionnaire, it does not mean he did no wrong. This is the first time in Nepal’s history that a commission has found a king guilty.

“Since he was the chairman of the council of ministers, we found him responsible for all the decisions taken by the cabinet,” the source added.

The commission specifically recommended the government to take strong action against the members of the King’s cabinet and the chiefs of the security agencies who had ordered use of excessive force to suppress Jana Andolan II.According to a member of the commission, Ram Prasad Shrestha, the report will be submitted to PM Girija Prasad Koirala on Friday.

It had quizzed 294 persons for violating human rights and misuse of national treasury.

It has named some security personnel for ordering the shooting of demonstrators and decided to recommend prosecution of them on charge of murder. “Around 150 persons were found guilty of killing and suppressing the people,” the source added.

The commission also held the then vice-chairmen of the council of ministers Dr Tulsi Giri and Kirtinidhi Bista, Home Minister Kamal Thapa and other ministers guilty of violating human rights. The commission will ask the government and the parliament to promulgate a law so that they can be prosecuted on charge of abusing human rights, as currently there is no specific law to prosecute anyone on charge of human rights abuse.

The commission named certain officials and recommended dismissal, demotion and departmental action against them.

Many ministers and regional administrators have been found guilty of misusing state treasury.
The commission has decided to recommend that they be prosecuted under Anti-corruption Act, 2002, a commission member said. It is also going to suggest prosecution under Muluki Ain 1963 of the security officials who had issued shoot orders on demonstrators.

Verdict on Khum Bahadur's Graft Case Likely on wednesday

The Special Court is likely to issue a verdict on the corruption case against former Home Minister Khum Bahadur Khadka on Wednesday. The Commission for the Investigation of Abuse of Authority (CIAA) had filed the case against Khadka four years ago. Though the verdict on the case was scheduled to be issued on Tuesday, the judges could not give their judgment due to lack of time. The verdict is likely to be issued on Wednesday. "We have scheduled the case for tomorrow for issuing the verdict as we could not do so today due to lack of time," Judge Bhoopdhoj Adhikary told reporters on Tuesday. A three-member bench comprising Adhikary, and judges Komal Nath Sharma and Cholendra Sumsher Rana has been hearing the case. Khadka, former Home Minister, was implicated by the anti-corruption watchdog for accumulating disproportionate property while he was minister. According to the CIAA, Khadka, currently an MP of the sitting parliament, had accumulated Rs 27.5 million without justifiable sources of income. Khadka has been claiming that the anti-graft body had implicated him on false charges with political vendetta after King Gyanendra had seized power.

SAC fails to finalise Citizenship Bill

The Parliamentary State Affairs Committee (SAC) could not finalise the Citizenship Laws Integration and Amendment Bill, 2006, today after some MPs raised concern about Maoists’ consent to pass the Bill by the HoR. The SAC could not hold a clause-wise discussion. The meeting in the morning was obstructed for half-an-hour after some MPs said the Maoists had objected to the information that there was agreement between Prime Minister Girija Prasad Koirala and Maoist chairman Prachanda to pass the Bill by this House. Citing his conversation with Maoist leaders this morning, MP Lila Mani Pokhrel demanded that Home Minister Krishna Prasad Sitaula get Maoists’ commitment before holding clause-wise discussion. An informal meeting was conduced later after Sitaula confirmed that the government would convince the Maoists. After a heated discussion for almost four hours, SAC told the Home Minister to change language in clauses 1, 3 and 5, related to the cut-off date and issuance of naturalised citizenship.

NBB case: CJ urged to form probe panel

Members of the Judicial Council (JC) have suggested Chief Justice Dilip Kumar Paudel form a panel to look into the controversial stay order issued by judge Keshav Prasad Mainali of the Patan Appellate Court against Nepal Rastra Bank himalaya times reports .

A member of the Council told that Chief Justice is yet to form a panel to investigate the Patan Appellate Court’s recently controversial stay order that barred Nepal Rastra Bank from intervening in the management of Nepal Bangladesh Bank Limited.

“We have suggested him to from a inquiry panel as per the Judicial Council Act 1990,” said a JC member.

Following the controversy stirred by the stay order, the NB Bank had withdrawn the case from the Patan Appellate Court and the Rastra Bank took over its management.

Panel on RCCC's excesses to start work

The commission formed to investigate on the excesses committed by the Royal Commission for Corruption Control is starting its work from Monday. The government had formed the commission 13 days ago (on October 30) under the chairmanship of former justice of Appellate Court Madav Prasad Ojha. Other members of the commission are: Chitra Dev Joshi, Bijaya Kumar Singh, Ram Prasad Gaudel and Baburam Regmi as member secretary. Chairman Ojha said that they would formally begin the job from Monday. He has already taken oath before the Chief Justice and other members would take oath Monday. The office of the commission would be set up within the premises of the Birendra International Convention Centre, the same place where Royal Commission had its office. The commission has been mandated to suggest the government to take legal action against those who took action against the leaders of different political parties and others out of prejudice and ill-motive. The commission has been given 45 days to submit the report after it begins its work. The commission can hear complaints, call on related individuals for interrogation and study all documents related to the royal commission, said Ojha. The Royal Commission formed by King Ganendra had taken into custody political leaders including former Prime Minister Sher Bahadur Deuba and other civil servants. The commission was both the judge and the jury. The commission was widely criticised for being biased and vindictive against political leaders and civil servants. The commission led by Bhakta Bahadur Koirala was dissolved, after the Supreme Court decided that it was illegal and unconstitutional.

Experts against citizenship for foreigners

Experts on sunday opposed the provision of providing naturalised citizenship to foreigners other than those who marry Nepali citizens as provisioned in the proposed Citizenship Laws Integration and Amendment Bill, 2006.

They advised the Parliamentary State Affairs Committee (SAC) that there was no need of issuing naturalised citizenship certificate to anyone. A few experts also opposed the idea of adopting the cut-off date for distributing citizenship.

“Why has the government proposed such a provision to provide naturalised citizenship to create a burden for the country? It will result in population growth,” said Shambhu Thapa, president of the Nepal Bar Association. He added that honourary citizenship would be sufficient if any foreigners contributed to the nation.

The SAC today held a discussion with lawmakers, leaders and legal experts on the provisions of the proposed Bill.Former president of the NBA Harihar Dahal said that the citizenship problem of the Madheshis should be resolved but non-Nepalese should not be issued citizenship certificates. He also added that 1990 should be made the cut-off year to solve the problem.

Advocate Kamal Naryan Das suggested that the date of promulgation of the new Citizenship Act can be recognised as the cut-off date.

Senior advocate Shree Hari Aryal advised the government to adopt a provision not to appoint a naturalised citizen in any policy-level posts. Advocate Prakash Osti claimed that the idea of providing citizenship by birth and with the recommendation of three people cannot solve the problem

Speaker Subas Nembang said the House was doing serious homework to solve the citizenship problem before the constituent assembly elections. “This is the problem of the entire nation. This should be resolved before the CA polls,” Nembang added.

Home Minister Krishna Prasad Situala said the seven-party alliance and the Maoists have agreed to solve the citizenship problem. He said the Home Ministry will send teams to the districts to provide citizenship certificates immediately after the Bill is passed.

Implement the SC verdicts: woman body

The Forum for Women, Law and Development (FWLD) on sunday said that the government has failed to implement the Supreme Court verdicts issued in favour of women.

“The government authorities are yet to initiate homework to promulgate a law as per the directives of the SC to ban sexual harassment in public places,” said FWLD’s advocate Meera Dhungana. She claimed that the SC had ordered the Prime Minister’s Office and Cabinet and the Ministry of Law, Justice and Parliamentary Affairs two-and-a-half-years ago in this regard but the authorities are yet to get the text of the judgement. “We wrote to the office of the Attorney General to send the text of the judgment six months ago but they are yet to respond,” she said at an interaction organised by the FWLD. The SC had ordered the government to promulgate a separate law banning sexual harassment in public places.

She claimed that her organisation has filed a contempt of court case in the SC against the government authorities for not obeying the apex court verdict to form a panel to study about gender discrimination. “This is the worst situation that the authorities are not seriously implementing court verdicts,” she added.

Human Rights issue is major : Advocate tripathi

Advocate Dinesh Tripathi was invited as a guest speaker to deliver a talkin a New York University on “violation of international law in Nepal.”. He spoke on the occasion that "There is massive violation of international human rights laws and international humanitarian laws are taking place in Nepal. Nepal had ratified all the major international human rights instruments but implementation part is extremely weak in the Nepal. There is massive non-compliance with the international human rights norms in the Nepal."

April movement was a huge success and one of the historic events in Nepal but evil forces are conspiring to undermine the mandate of April movement. Nepal needs to fully integrate with international human rights regime and aspiration of full freedom and genuine democracy of Nepalese peoples need to be respected. It is the irony of Nepali history that no action has taken against any perpetrator and violator. Recent agreements between seven party alliances are historic and positive one but lot depends on the sincere implementation of the agreement. Nepal can not afford violence and war.

Genuine, just and democratic peace is the need of the hour in Nepal. International community and civil society has to be watchful on Nepal and support the full democratization and integration with the international human rights regime. International big power should not conspire against the will of Nepalese people and at the expense of people of Nepal should not support king and military. People of Nepal aspiring for full and genuine democracy and want to get rid of monarchy and all the feudal institution. International power should respect and allow to prevail the will of the people of Nepal. United nation has an extremely important role to play in Nepal and closely monitor the peace process . United Nation should use its resource and expertise to facilitate to build a genuine peace in the Nepal. It has to enhance it’s capability to effectively tackle the situation. International criminal tribunal need to be set up to conduct trial against the perpetrator. State and Maoist both need to abide by international human rights norms. Violation of international human rights norms and humanitarian norms shall not be allowed at any cost. Human rights and human dignity is the paramount. Military need to be fully democratized and fully put under civilian control. Total restructuring of the state is the need of the hour. People want a massive and positive change in order to build more just and fair socio- economic order. We the people of Nepal shall allow writing our own constitution and allow being the master of our own fate. New constitution should not only establish a political democracy but it also establishes a social and economic democracy too.

In the country like Nepal Political democracy is essential but it is not enough. We need a vast socio-economic restructuring of the society. Our democracy must be inclusive and equitable and guarantee not only the civil and political rights of people but economic, social and cultural rights of people. In order to build genuine human rights culture in south Asia we need to have south Asian court of human rights. South Asian leader should show their political will to adopt south Asian human rights charter. It would be the biggest safeguard for south Asian people against military and undemocratic regime. Since it is an era of globalization of human rights so south Asia region should not be lagging behind in this context.

State cannot run without a head :Ex-minister

Nilambar Acharya, the Law Minister of the interim government that promulgated the 1990 constitution, on Thursday said that a state cannot run without a head of the state and, therefore, the king must be respected as the acting head of state during the transitional phase.

"A state should have a head of the state, even during the transitional phase," he said adding that it is against the rule of the separation of powers and checks and balances if there is no head of the state and an executive head or other state organ chief works as the head.

Acharya was speaking at a programme on Role of 1990 Constitution for the Development of Nepal's Constitutional Process organised by Constitutional Lawyers Forum here today. He also claimed that the principle of separation of power and check and balance and the fundamental rights adopted in the 1990 Constitution are very good provisions.

"The king had exercised all powers, which was given to the executive. However, he authorised himself to formalise the decisions as the head of the state," he added. Acharya also said the king now has no authority to make appointments or give consent to any decision, " he added.

He said that now King Gyanendra is like the kings in Mustang and Manang.

Legal expert Yuba Raj Sangroula said the 1990 Constitution failed because it could not adopt any provision guaranteeing the economic rights of the people, which he said was the most essential rights in modern period.

Yash Ghai, professor of Hong Kong University, said the 1990 Constitution could not include the ethnicity issues, which rendered it a failure. He underscored the necessity of a new constitution to solve the problem.

President of Nepal Bar Association, Shambhu Thapa criticised the idea of adopting a provision to decide about the fate of the King by a simple majority. He said that it would be better to decide on such a major issue by referendum.

173 discriminatory laws still in force :FWLD

There are at least 173 legal provisions, 110 schedules and over 450 instances of use of languages cutting across 83 different laws that discriminate against women, the Forum for Women, Law and Development (FWLD) said in a report titled ‘An Update of Discriminatory Laws in Nepal and Their Impact on Women’.

The Speaker approved the Acts to Amend Some Gender Equality Laws – 2063 on November 6. However, the amendment deals with only 56 legal provisions cutting across 83 different Acts.

According to the report, discriminatory laws cover issues like citizenship rights, property rights, marriage and family, nationality, legal and court proceedings, trafficking and sexual abuse, employment, education and identity.

Meera Dhungana, an advocate at the FWLD, said: “More laws need to be amended to ensure gender parity.” Previous laws on inheritance of ancestral property discriminated against women.

“The change is reflected in a legal provision, which says an unmarried daughter has equal right over the ancestral property. She does not have to return her share of property after marriage,” she said. “The amendment has widened the definition of rape. The law takes any forced sexual activity by a husband as an instance of rape,” said advocate Sabin Shrestha, who is also associated with the FWLD.

An errant hubby could be jailed for three to six months and a wife can file for divorce, citing forced sexual activity. Though the amended Act does not recognise citizenship rights of women, another bill on Integration and Amendment of Nepal’s Citizenship Laws is under consideration.

Court building inaugurated


Inaugurating the newly constructed building of the District Court, Rupandehi, at Siddarthnagar municipality-7, Chief Justice Dilip Kumar Poudel on thrusday said it is the courts’ duty to provide justice to all without discrimination and bias. Poudel urged the juries to be honest in their work.He told it is the responsibility of the courts to provide prompt and quality justice to the people.

Saying that justice is synonymous with truth and equality, Poudel said biased and discriminatory activities don’t come under the definition of justice.

“The court and juries should always remain in favour of truth and justice”, Poudel said, adding, “The only objective of the justice system should be to provide free and fair verdicts.”

Drafting of info bill in final stage: Official

The Right to Information Bill, the drafting of which is in final stage, has a provision of penalising those officials who withhold information of public interest, Kashi Raj Dahal, coordinator for the Right to Information Bill Drafting Committee, said on thrusday.

“We are doing our best to draft the bill as per international standards. The bill will not let any official withhold information of public interest,” Dahal said at Martin Chautari .

He said the government will table the bill in the House of Representatives next week. He said the drafting of the bill is in final stages. The committee is consulting with different government officials and other stakeholders about the bill, he said.

“We have proposed the formation of an Information Commission, where people can file complaints if government and other institutions refuse to disseminate information,” he said.

Meanwhile, Minister of State for Information and Communications Dilendra Prasad Badu met members of the committee and acquired information about the bill.

Constitution Day will not be celebrated

As the country is moving ahead to promulgate a new interim constitution by November 26, the existing Constitution of 1990 is seemingly witnessing its last anniversary albeit without any fanfare or celebrations.

The government has already cancelled the official observance of Constitution Day – which used to be held every year on Kartik 23 (November 9 this year).

The government has also cancelled this day as a public holiday. In the past years, this day used to be celebrated by the government as well as civil society organizations by organizing interactions on constitutionalism.

However, following the successful April uprising and the popular demand for holding Constituent Assembly to write a new constitution, the 1990 Constitution has been losing its significance even though officially it is still operational. The 1990 Constitution was a product of historic People's Movement of 1990, which restored democracy by replacing autocratic Panchayat system.

Patan Appellate Court orders NRB to stop action against NBBL

The Patan Appellate Court has issued a stay order to the Nepal Rastra Bank (NRB), directing it not to take action against the Nepal Bangladesh Bank Limited (NBBL).

Acting upon a petition filed by managing director of the NBBL Narendra Bhattarai, a single bench of Judge Keshav Prasad Mainali issued the stay order following a hearing, Wednesday.

The bench told the NRB not to order the NBBL to stop its activities. The bench also ordered the NRB governor to submit a written explanation, clarifying why it is trying to take action against the NB Group within 15 days.

The governor of NRB on Monday had endorsed a proposal declaring NBBL a troubled bank and forwarded it to a meeting of NRB Board of Directors planned for Wednesday for final approval.
According to sources, NBBL went to the Court after one of the responsible officers of the NRB leaked the information of proposed action against NBBL management.

Nepal Credit and Commerce Bank and NBBL are members of the NB Group.

I’m proud of my verdict, says outgoing SC judge

Supreme Court Judge Badri Kumar Basnet, one of the four apex court judges who had removed the Mahalaxmi Sugar Mill from the list of bank defaulters, said today that he was proud of his verdict on the case. He retired from his job today due to age bar. The SC organised a function to bid him farewell. The Parliamentary Public Accounts Committee (PAC) had recommended the House of Representatives to impeach him. Arjun Prasad Singh, another judge involved in controversy, retired four months ago. Justice Kedar Prasad Giri and Top Bahadur Magar had upheld the initial verdict passed by Singh and Basnet. Chief Justice Dilip Kumar Paudel, other justices and court officials attended the farewell programme. “Nobody had pointed out figure at me during my 39-year-long service in the Judiciary, but I faced such a bitter experience prior to my retirement,” he said, adding: “I am proud of my verdict.” Stating that he contributed for the promotion and protection of human rights while in office, Basnet accused the mediapersons and lawyers of dragging him into controversy.

Full Text: SPA, Maoists Agreement

Full text of the agreement reached between the seven parties' alliance and Maoists. Respecting the mandate expressed in favour of democracy, peace and forward movement through the historical struggles and revolutions staged frequently by Nepali people since pre-1950 era till the present, Reconfirming full commitment to the 12-point understanding between the seven political parties and the CPN (Maoist), the 8-point agreement and the 25-point ceasefire codes of conduct as well as all the understandings, agreements and codes of conducts between the Nepal Government and the CPN (Maoist), including the letter of consensus sent to the United Nations, Pledging to do a forward looking restructuring of the state by resolving class, ethnic, regional and gender related problems existing in the country, Reiterating full commitments to competitive multiparty democratic system, civil liberty, individual rights, human rights, full press freedom and the concept of rule of law as well as democratic norms and values, Guaranteeing the fundamental rights of the people to participate in the elections to the constituent assembly in an atmosphere free of fear and intimidation, Keeping democracy, peace, prosperity, forward looking socio-economic transformation as well as independence, integrity, sovereignty and dignity of the country at centre, the meeting of the top leaders of the seven political parties and the CPN (Maoist) held on 8th of November 2006 took the following decisions in order to implement the commitments of both the sides to holding the elections to the constituent assembly by mid-June 2007 in a free and fair manner. I. On implementation of past agreements 1. To fully, honestly and strictly implement all the past understandings, agreements and codes of conducts. 2. To constitute a high level committee to probe and make public the whereabouts all the citizens reported to be disappeared by both the state and the Maoist. 3. To speed up the process of returning seized property. To ensure an atmosphere for the displaced to return home. To formulate district level committees involving both sides for this. To complete all these tasks within a month. 4. To publicly declare withdrawal of all charges and accusations against political leaders and workers by the state and the CPN (Maoist) and to immediately release political prisoners of both sides. II. On armies and weapons To work as per the sentiments of the 12-point understanding, 8-point agreement, 25-point codes of conduct and the five-point letter sent to the United Nations in order to hold the elections to the constituent assembly in a peaceful, fair and fearless atmosphere as well as to restructure and democratise the army. On Maoist army 1. As per the commitment expressed in the letters sent to the United Naitons by Nepal Government and the CPN (Maoist) on 9 August 2006, the Maoist combatants shall be confined in cantonments in the following areas. The United Nations will verify and monitor them. The main cantonments shall be in the following areas: 1. Kailali 2. Surkhet 3. Rolpa 4. Palpa 5. Kavre 6. Sindhuli 7. Ilam There shall be three tributary cantonments around each of the main cantonments. 2. After the Maoist combatants have been confined within the cantonments, all the arms and ammunitions except those needed for the security of the cantonments shall be securely stored and locked with a single padlock within the cantonments and the concerned side shall keep the key. While fixing the padlock, a device with record and siren shall be installed for monitoring by the United Nations. While conducting necessary inspection of the stored weapons, the United Nations shall have to do it in the presence of the concerned party. Further technical details regarding this and camera monitoring shall be prepared in consensus with the United Nations, CPN (Maoist) and the Nepal government. 3. Nepal government shall manage the necessary things including rations for the Maoist combatants after they are kept in cantonments. 4. Interim cabinet shall form a special committee to coordinate and to rehabilitate the Maoist combatants. 5. Security of the Maoist leaders will be managed with coordination of the government. On Nepal Army 6. Nepal Army (NA) shall be limited to the barracks as per the commitments expressed in the letter sent to the United Nations after assuring that the arms belonging to the national army shall not be used for or against any group. The number of soldiers and weapons of the Nepal Army under the UN supervision will be in proportion with the number of the Maoist combatants and their weapons. The weapons of the NA shall be kept with a single lockup and the concerned party shall keep the key. The arms shall be kept under UN supervision with electronic siren, and surveillance devices. The UN can inspect the weapons in presence of the concerned party. 7. Control, management and mobilisation of the army shall be guided by the new Military Act. After taking suggestions from political parties and the committees related to Interim Legislature, cabinet will formulate an extensive plan and the same body shall implement the programmes to democratise the army. The plans and programmes include fixing the numbers, democratizing the institution to make it inclusive and national army and the forces shall be trained after enhancing the characteristics of democracy and human rights. 8. NA may continue its previous works of providing security to borders, national parks, banks, airports, power stations, telephone tower, central secretariat and providing security to the VIPs. III. Subjects of Interim Legislature a. Final shape to the Interim Constitution will be given according to agreements reached today. b. The reinstated House of Representatives shall promulgate and the new interim legislature will approve the interim Constitution. 2. On Monarchy a. King will have no authority over national administration. b. Property of the late king Birendra, queen Aishworya and their family members shall be converted into a trust and be utilised for national welfare. c. Property of the present king Gyanendra, which he has acquired as a king, shall be nationalised. d. The first meeting of the elections to the constituent assembly will decide the future of the monarchy. 3. On Interim Legislature a. Interim legislature will remain a single house parliament with the following characteristics: i. All the 209 members of the current Lower House and Upper House, except those who opposed the April Movement, shall be the members. Numbers of Joint Left Front will be decided later on consensus, as the party does not represent any member at the present Parliament. ii. 73 members will be from CPN-Maoist party. iii. 48 will represent from professional organisations, political figures and from the underdeveloped community and regions. Total number - 330 b. The political parties, which were against the People's movement in April, will not be allowed to participate in the interim legislature. c. The reinstated House of Representatives and National Assembly will be dissolved after the formation of interim legislature. Similarly, all governmental structure of the Maoists including the people's government and people's courts will be dissolved with the formation of interim legislature. d. The interim legislature would be run through political consensus. 4. Interim Government a) The interim council of ministers will be constituted on the basis of political agreement. b) The structure and work division of the council of ministers will be fixed with the mutual agreement amongst the political parties. c) The interim government will carry out its function considering the spirit of the joint people's movement, political consent and the system of coalition government. 5. Judiciary a) The concept of independent judiciary will be followed b) The judiciary will work upholding the spirit of the people's movement, democracy and the interim constitution. c) A constitutional court will be formed to settle the dispute related to constitution. 6. Constitutional Bodies a) A new Constitutional Council will manage recommendations for the appointment to the post of constitutional bodies and the Council will consist of Prime Minister, Chief Justice, and Speaker of the interim legislature. b) The appointment will follow certain measurement and the Election Commission will get perfection on the basis of agreement. 7. Local Bodies Interim local bodies in villages, municipalities and districts will be constituted on the basis of the agreement between seven political and the Maoists. 8. Citizenship a) The citizenship will be distributed to all the people who are deprived of the citizenship rights before holding the elections to the constituent assembly. b) The citizenship will be issued to all people who have been living in Nepal before the last of Chaitra in 2046 BS, taking the year as the base year, in an effective manner. c) The other provisions of the citizenship will be settled as per the rules and regulations. 9. Elections to the Constituent Assembly a) The total number of the constituent assembly will be 425. Amongst them 205 members will be elected with the system of first past the post and 204 members will be elected through the proportionate election system as per the votes got by the political parties. b) Sixteen individuals, who earned dignified prestige in the national level, will be nominated to the constitutional assembly members by the council of ministers. c) The election law will be enforced after holding discussions with the Election Commission. d) The authority to decide the date of constituent assembly to hold the elections by mid-June will be given to the interim council of ministers and the election will be held under a mixed election system. e) The political parties should give opportunity to the members of the utpidit (Marginailized) jati, region, Madheshi, women and dalit proportionately while contesting the elections f) People who are 18 and above will be eligible to cast their votes in the constituent assembly elections g) The United Nations will assist monitoring the elections to the constituent assembly. 10. On the structure of the State a) Steps will be initiated to bring about a complete restructuring of the state towards an inclusive democratic set up by ending all forms of discrimination. b) A high level commission will be formed to solicit suggestions for the restructuring of the state c) The Constituent Assembly will give the final verdict on the points suggested for the restructuring of the state 11. Directive principles for social and economic transformation a) Steps will be geared towards dismantling all dictatorial structures and a common programme will be implemented through mutual consensus among all parties. b) Policies will be formulated to end unequal ownership of land and scientific a land reform policy will be implemented c) Policies that protect national industries and means of production will be adopted d) Policies aimed at ensuring the rights of all citizens to education, health, shelter and employment will be adopted e) Policies that will provide assistance to the economically backward classes including the ex-Kamaiyas, landless squatters, and household farm workers will be implemented f) Policies that punish those found involved in corruption and those amassing wealth through illegal means will be enforced g) A common agenda will be worked out for the speedy economic and social transformation of the country. h) Efforts will be directed towards increasing investments in the domestic industrial sector by protecting the rights of the industrial workers and those involved in various productive enterprises IV. Regarding the rehabilitation of the conflict-hit people 1. Steps will be initiated towards bestowing honour upon those who lost their lives in the course of the conflict and giving appropriate compensations to individuals who got badly wounded in the conflict. 2. Compensations will be provided to the families of the disappeared persons on the basis of the report given by the probe commission 3. Special programme will be launched to re-construct the physical infrastructure and private property that were destroyed in the course of the conflict 4. A commission to bring about reconciliation among parties, individuals and institutions that were involved in the conflict will be formed. The committee will conduct investigation on the human rights abuses that took place in course of the armed conflicts V. Miscellaneous 1. A high level joint monitoring committee will be formed to oversee the strict implementation of the above policies 2. The government will take legal actions against those who breach the code of conduct and go against the agreements of the eight parties 3. All political parties will have the freedom to express their views on issues such as republicanism, social and economic transformation, referendum and electoral systems in the course of the run up to the constituent assembly elections although agreement on the issues are yet to be reached. VI. Time Schedule 1. A comprehensive peace pact will be signed between the Nepal Government and the CPN-Maoist on November 16, 2006 2. The Maoists combatants will converge at the specified cantonments within November 21 and the process of shelving arms will be started, which will be monitored and verified by the UN 3. The Nepal Army soldiers will confine themselves to the barracks by November 21 and the storing of their weapons will be started. The process will be monitored and verified by UN. 4. The Interim Constitution will be finalized by November 21. 5. The Interim Constitution will be implemented by November 26. The dissolution of the House of Representatives and the National Assembly will be done on the same date. 6. The Interim Council of Ministers will be formed by December 1 The agreement bears the signatures of all the heads of the eight political parties.

SC orders authorities to review transport fares

The Supreme Court on Tuesday issued a mandamus order directing the government authorities to review the fare of public buses only after analysing all the factors related to public transport business.

The order issued by the division bench of justices Min Bahadur Rayamajhi and Pawan Kumar Ojha has even asked the government to publicize the revised fares in the gazette.

Acting upon a public interest litigation (PIL) filed by advocate Jyoti Baniya on behalf of Consumers' Protection Forum, the bench directed the Office of the Prime Minister and Cabinet, the Ministry of Transport Management, the Department of Transportation and Management and the National Transport Entrepreneurs' Association and the Nepal Transport Entrepreneurs' Association to review public transport fares.

The bench directed the authorities fix the fare rates by analysing the price of engine, petroleum products, administrative costs, tax and benefits for the entrepreneurs.

As per the current practice, the Department of Transport Management fixes public transport fares on the recommendation of the Fare Determination Committee.

The petitioner challenged the previous system saying that it was an unscientific way of fixing the fares of public transport.

The Supreme Court has also asked the government to ensure mandatory insurance for the commuters using public transportation

Corruption level unchanged

The level of corruption in Nepal remained unchanged as of the last year, says an anti corruption watchdog.

Transparency International’s corruption perceptions index 2006 (CPI) has ranked Nepal in the 121st position indicating rampant corruption in the country.

The report, made public on Monday, said no improvement was made in Nepal on the corruption front. The score of 10 indicates a corruption-free country and Nepal managed to score only 2.5 points, the same as in 2005.

In preparing the CPI for 2005 and 2006, TI used 12 independent surveys and listed 163 countries accordingly to survey findings.

To rank Nepal, TI used five surveys done by the World Bank, the Economist, Merchant Group, WEF and WMRC.

The surveys studied the level of corruption in Nepal, efforts to curb it, misuse of state resources, corruption in government and probability of corruption.

The report ranked Finland, Iceland and New Zealand as the cleanest among the 163 nations it covered with 9.6 points while Haiti was perceived as the most corrupt country in the world with 1.9 points.

Among South Asian Nations, Bhutan is the cleanest with 6 points, while Bangladesh is the most corrupt with 2 points. The CPI ranks Pakistan and Bangladesh as more corrupt countries than Nepal.

Speaking at a programme organized to release the report, Transparency International Nepal’s executive Director Ashish Thapa stressed the need for the government to concentrate in amending constitutional and legal provisions and adopting transparency in the financial sector in order to control corruption.

Bills authenticated

Financial Bill - 2063 and Lumbini Bouddha University Bill - 2063, which were passed by House of Representatives (HoR), have been authenticated under clause 3 of Some Public Written Documents Certification (Procedures) Act, 2063 by Speaker of HoR, here Monday.

Monday's meeting unanimously approved the Some Nepal Acts Relating to Export and Import and Intellectual Property Amendment Bill- 2063 BS.

At the meeting, Home Minister Krishna Prasad Sitaula presented the 16th annual report of the Commission for Investigation of Abuse of Authority(CIAA).

RSS

CIAA submits annual report to House

Home Minister Krishna Prasad Sitaula today submitted the annual report of the Commission for the Investigation of Abuse of Authority (CIAA) for the fiscal year 2062/2063 in the House of Representatives. Following the House declaration on May 18, the constitutional bodies have been presenting their annual reports to the Prime Minister and the Parliament instead of the King.

The 16th annual report of the CIAA states that the anti-graft body had sought a seizure of Rs 605 million from 232 defendants in several corruption cases.

The CIAA filed 25 cases against several persons on charges of acquiring property disproportionate to their income and seeking forfeiture of Rs 165 million from them. The CIAA had filed the cases in the Special Court. It had filed 114 corruption cases in the Special Court and 31 appeal and review petitions in the Supreme Court. The CIAA had also directed the government authorities to take departmental action on 45 cases and warned 19 people for abuse of authority.

Similarly, the anti-graft body had recommended 13 cases and issued clean chits on 161 cases. The CIAA report states that it received 4,324 complaints of corruption and irregularities and the anti-graft body had decided 3,353 cases.

Altogether 2,312 complaints on corruption and irregularities were registered in 75 DAOs but the anti-graft body investigated 649 of them.

Speaker Nembang Meets CJ

Speaker of the House of Representatives (HoR) Subas Nembang met Chief Justice Dilip Kumar Paudel at the latter's official residence at Baluwatar this morning to discuss the recent recommendations of the Parliamentary Public Accounts Committee (PAC).

Speaker Nembang told that they discussed about the recent recommendation of the PAC to the HoR on impeachment issue. The SC justices' full court meeting held on Friday has authorised CJ Paudel and justice Rayamajhi to hold discussions with speaker Nembang to sort out the problems between the parliament and the judiciary.

SC justice Min Bahadur Rayamajhi also participated in the meeting.

SC Judges Oppose PAC Decision on Impeachment

The Supreme Court judges attending a full court meeting of Court on firday opposed the Parliamentary Account Committee’s recommendation to the House of Representatives to begin process for impeachment of SC judges involved in the verdict relating to the Mahalaxmi Sugar Mills.

Justice Anup Raj Sharma emerging out of the meeting said that nobody has the right to review any verdict once already made by the Supreme Court. Sharma said, “We have always said that theoretically, there is no such provision to review the SC’s verdict once it is made.” However, he admitted it has its own provisions and processes to review any SC decision.

According to SC registrar Ram Krishna Timilsina, the judges present in the full court meeting opposed the PAC decision saying that the PAC has taken a decision outside its jurisdiction and the decision will ultimately affect the independence of the judiciary.

Even though the House itself can initiate impeachment action, the PAC has no right to recommend impeachment motion against the judges, Timilsina quoted the judges as saying.

The Parliamentary Account committee led by MP Chitra Bahadur KC, after studying the verdict, had on Sunday recommended the House to impeach the judges involved in the verdict saying that the verdict in the case was influenced and the judges involved were incapable of working as the SC judges.

ICJ urges govt, Maoists to prioritise human rights issues

Secretary General of the International Commission of Jurists (ICJ), Nicholas Howen on Friday urged the seven-party government and the Maoists to give priority to human rights issues in the ongoing government-Maoists peace talks.

Wrapping up the five-day Nepal visit by an ICJ delegation, Howen, in a press conference organised in the capital today said that protection and respect of human rights are essential to hold constituent assembly elections to instate peace and stability in Nepal.

Emphasising on arms management, Howen said that Maoist excesses must be stopped at the earliest.

Howen also urged the government to strongly establish the rule of law in the country.
Earlier this morning, the ICJ delegation also met with Prime Minister Girija Prasad Koirala at his official residence at Baluwatar.

The ICJ delegation during the meeting with the PM drew his attention towards the violation of the Ceasefire Code of Conduct by the Maoists.

Completing its five-day Nepal visit, the delegation is returning today.

Court frees MP’s murder accused

Sanjay Mahato, who had been in police custody on the charge of being involved in the murder of MP of Siraha, Krishna Charan Shrestha for the last 37 days, was released on date, Thursday.
Police had taken him into custody after his motorcycle was found to have been used by those assailants who had shot Shrestha dead.

He was released following the order of the District Court, Siraha.

Mahato has been claiming that his motorbike was forcibly taken by one of those involved in Shrestha's killing.

Although the brother of the deceased had filed a complaint with the police clearly mentioning the names of 10 persons allegedly involved in the murder, it was withdrawn later after locals pressurized him as Janatantrik Terai Mukti Morcha (JTMM) had already owned up the killing. After Shrestha's murder, irate locals had nabbed and lynched two of the fleeing murderers while a local was shot dead by the murderers in the incident on September 23.

House panel presents, approves Bill, report

Chairman of the Parliamentary Foreign Relations and Human Rights Committee, Mahendra Yadav, presented the Bill on Amending Some Nepal Acts Related to Export-Import and Intellectual Property-2006, along with the Committee report at the meeting of the House of Representatives today.

Meanwhile, the House of Representatives at its meeting today unanimously approved the proposal related to Nepal becoming a party to the United Nations Convention on Psychotropic Substances-1971. Finance Minister Dr. Ram Sharan Mahat had presented the proposal to this effect at the meeting of the House of Representatives on behalf of Home Minister Krishna Prasad Sitaula.

The meeting of the House of Representatives today unanimously approved the proposal seeking consideration of the Parliament on the Drinking Water Management Board Bill-2006 and the Drinking Water Tariff Fixation Commission Bill-2006.

Presenting the proposal in this connection, Minister for Physical Planning and Works Gopal Man Shrestha explained that the Bills had to be brought for resolving the drinking water problem in the capital. MP Narayan Man Bijukchhe, Taking part in the general discussions on the Bill, expressed his disagreement over the Bills, stating that the Bills were retrograde in nature.

The meeting of the House of Representatives also unanimously approved the proposal seeking that the BP Koirala Memorial Cancer Hospital Bill-2006 be sent to the Committee concerned for clause-wise discussions on it. Deputy Prime Minister and Minister for Health and Population Amik Sherchan had presented the proposal to this effect.

Likewise, the House of Representatives at its meeting today unanimously passed the Bill on Secured Transactions-2006, the Bank and Financial Institutions Loan Recovery (First Amendment) Bill-2006 and the Insolvency Bill-2006, along with the report of the Finance Committee. Finance Minister Dr. Ram Sharan Mahat had presented these Bills in the House for approval. Similarly, the meeting of the House of Representatives today unanimously passed the Poverty Alleviation Fund Bill-2006 along with the report of the Finance Committee.

Minister for Law, Justice and Parliamentary Affairs Narendra Bikram Nemwang had presented the Bill on behalf the Prime Minister. The meeting, likewise, unanimously passed the Bill Related to Senior Citizens-2006 presented by Minister for Women, Children and Social Welfare Urmila Aryal. The next meeting of the House of Representatives will be held on November 6.

CIAA cases against fake certificates

Commission for the Investigation of Abuse of Authority (CIAA) has registered cases against four persons working in civil service and corporations in Special Court alleging to have abused authority by presenting fake certificates for the purpose of entering into service and promotion.

Staffs being alleged are Office Assistant (Level 4) Basanta Kumar Regmi of the Timber Corporation, Govinda Dhami (Level 5) of Nepal Electricity Authority, women worker Sita Dawadi of Agriculture Development Bank, senior assistant Lalbahadur Bishwokarma of Nepal Oil Corporation and plate maker Parbati Thapa of Department of Printing.

CIAA has registered cases against 327 employees alleging to have presented fake certificates for the purposes of entering into services and promotions until Oct. 30. CIAA has also registered cases against four persons in Special Court alleging to have evaded tax while transferring ownership of vehicles illegally and bad-intentionally. People being alleged are then head of Transport Management Office, Abdul Rais Khan, kharidar Harisaran Phuyanl, Rishiram Kharel of Dayanagar, Rupandehi, Dayaram Yadav of Balarampur, and Krishna Raj Poudel.

(RSS)

CIAA Chief, Commissioner Retired

Chief commissioner of the Commission for the Investigation of Abuse of Authority (CIAA), Surya Nath Upadhyay, and commissioner Basudev Lamichhane will retire on Thursday.

"They will retire tomorrow as they have completed their six-year tenures as per the Constitution of 1990," said a commissioner of the anti-graft body. Upadhyay is on leave for a few weeks due to "ill health". Under the leadership of Upadhyay, the CIAA had filed corruption cases against powerful leaders, former ministers, bureaucrats and former chiefs of police, leading to their arrests. Upadhyay landed into controversy when he summoned the current Prime Minister Girija Prasad Koirala, who had challenged the King's direct rule and sought the restoration of democracy, on the charge of amassing property disproportionate of his income. Koirala challenged the CIAA summons and did not appear at the CIAA. The CIAA issued a clean chit to Koirala following the restoration of democracy.

ICJ team meets Nepal, Katawal

A high-level mission of the International Commission of Jurists (ICJ), which is in Kathmandu to “assess the human rights situation” in the country,met CPN-UML general secretary Madhav Kumar Nepal and Chief of the Army Staff Rookmangud Katawal on wednesday .

A source at the CPN-UML said the discussion focused mainly on the current political situation, the peace process and the human rights situation. The ICJ mission is here on a five-day visit to “assess the human rights and rule of law in the country and to discuss with the government, the Maoists, the judiciary and civil society effective means to ensure that human rights remains an integral part of Nepal’s emerging peace process”.

The delegation will formally announce its findings at a press conference on Friday. “I have learned from experience in many countries that addressing current and past human rights violations and the underlying causes of the conflict are essential if the peace process is to be stable and long term,” Nicholas Howen, the ICJ secretary-general and head of the mission, said. The delegation is “exploring” with Nepalis ways to tackle human rights issues. Susan Appleyard, programme officer for the Asia-Pacific, is accompanying Howen on the mission. This is Howen’s fourth visit to Nepal as the ICJ secretary-general since 2004.

The ICJ mission today also met Chief Justice Dilip Kumar Paudel and legal experts in the country and held discussions on human rights and constitutional issues and the independence of the judiciary. The delegation held discussions with Chief Justice Paudel and President of Nepal Bar Association Shambu Thapa and some other prominent legal experts in the country.

“They stressed the need for independence of the judiciary,” SC Registrar Ram Krishna Timalsena said. Timalsena who was also attended the meeting said they discussed about the future position of the judiciary in the proposed interim statute. “They discussed with me about the current situation and constitutional issues of Nepal and the human rights situation,” Nepal Bar Association president Thapa said.

Decision on taxi fares upheld

The Supreme Court on wednesday upheld a two-year-old decision issued by the Patan Appellate Court on taxi fares. The decision had directed the government authorities and the Taxi Entrepreneurs Association to systematise taxi fares. A division bench of Justices Min Bahadur Rayamajhi and Kalyan Shrestha issued the order. The bench directed the Bureau of Standards, the Ministry of Industry, Commerce and Supplies, the Department of Commerce, the Police Headquarters, and the Valley Traffic Police Office and the Association to systematise the operation of taxies. The appellate court, responding to a PIL, had directed the authorities to review the taxi fare, post the fare in hoarding boards in public places and provide bills compulsorily to consumers.

OHCHR calls on Maoists to stop ‘law enforcement’ activities

The Office of the High Commissioner for Human Rights in Nepal (OHCHR-Nepal) has called on the Maoists to stop their “law enforcement” activities around the country.

In a statement issued Wednesday, the UN rights body said, “The OHCHR-Nepal calls on CPN-Maoist to stop its “law enforcement” activities which have intensified recently especially in the Kathmandu Valley, and which have resulted in serious abuses of human rights.”

“OHCHR-Nepal considers these parallel “law enforcement” activities to be illegal, as well as in violation of international human rights standards to which CPN-Maoist has made repeated commitments,” the statement further said, reminding that these commitments included the directives issued as a result of the Maoist Central Committee meeting on 2 September, which explicitly stated that party cadres shall not conduct abductions, torture and ill-treatment. The meeting had decided that those responsible for such actions would be held accountable.

The rights watchdog mentioned that in its letter sent to the Maoist leadership on Tuesday, it had confirmed the abductions of 39 individuals in the districts of Bhaktapur, Lalitpur and Kathmandu in October alone.

The CPN-Maoist itself publicly declared on 21 October that more than 80 individuals had been taken into captivity, whom they accused of being linked to criminal activities.

According to the OHCHR-Nepal, Maoist cadres have held individuals incommunicado in hidden locations – thus increasing their vulnerability to human rights abuses. In September and October, OHCHR-Nepal made visits to eight places where the CPN-Maoist held individuals in captivity in the Kathmandu Valley. These places included several factory buildings occupied by the rebel party, and the offices of Maoist sister organisations, including the All Nepal Trade Union Federation (ANTUF) and the All Nepal Transport Workers Union (ANTWU). The OHCHR-Nepal said it has received reports of at least seven other locations in Kathmandu Valley used by the Maoists for the interrogation of individuals.

“OHCHR-Nepal has investigated a number of reports of ill-treatment and torture, including severe beatings. OHCHR-Nepal staff have witnessed serious injuries among those held captive by CPN-Maoist, consistent with claims of ill-treatment and torture,” the release said.

The OHCHR-Nepal also complained that Maoists had at times obstructed the officials from gaining immediate access to those in captivity.

“OHCHR-Nepal calls again on the CPN-Maoist leadership to stop all parallel ‘law enforcement’ activities, and especially incidents of torture and ill-treatment. State authorities have sole responsibility to arrest and detain criminal suspects, and it is essential for the re-establishment of the rule of law that all parties respect this,” the statement quoted Sandra Beidas, the Officer-in-Charge of OHCHR-Nepal, as saying.

No Celebrations, No Holiday on Constitution Day

The October 30 Cabinet meeting has decided not to celebrate the Constitution Day this year and has cancelled the public holiday on the day, which falls on November 9."It is not necessary to celebrate the Constitution Day as the country is not functioning according to it, rather we have made major changes in the norms of the constitution after the Jana Andolan II," State Minister for Information and Communications said on Tuesday informing the Press about the Cabinet decisions.According to him, the country is functioning mostly thought the historic declaration of the House of the Representatives

SC hauls up FIs, banks on contempt charge

Issuing show cause notices, the Supreme Court has summoned the banks and financial institutions (FIs) which had sought the HoR to impeach the SC judges who had given a ruling removing Mahaluxmi Mills from the blacklist of bank defaulters himalaya times reports .Based on a joint complaint filed by the banks and FIs and its investigations, the Public Accounts Committee on Sunday had decided to recommend to the House of Representatives to start the process of impeachment of the judges.

The banks received the court notice today. The notices were issued on September 19. The notice directs the Nepal Bank Limited, the Rastriya Banijya Bank, the Employees’ Provident Fund, the Nepal Industrial and Development Corporation, the Himalayan Bank to clarify why they were involved in a contempt of court action. The Kantipur Publications Private Limited is also one of the defendants in the contempt of court case.

A single bench of Justice Gauri Dhakal issued the order giving seven days’ time to clarify.“We got the court notice today,” Employees’ Provident Fund’s legal advisor Prakash Osti said. According to Judicial Administration Act, 1990, and the Supreme Court Act, 1990, a jail term of one year or a fine of Rs 10, 000 or both can be imposed by the SC on grounds of contempt of the apex court.

SC tells govt to set up panel to study Kumari custom

The Supreme Court on tuesday issued a directive to the government to set up a panel to study the Kumari custom in Kathmandu Valley.A division bench of Justices Anup Raj Sharma and Ram Prasad Shrestha issued the order to set up the panel with the coordination of a joint secretary of the Ministry of Culture, Tourism and Civil Aviation to study the matter.

The bench has given three months’ time for the job to be done so as to help the SC decide on the case.The bench also told the panel to study about the possible reforms in the custom to protect the fundamental rights of Kumaris.“The study is needed since there is a common stand between the writ petitioner and the defendants for positive reforms on this custom,” the bench observed.The bench also directed the government to involve advocate Maharjan, defendant Dr Chunda Bajracharya and a historian of the custom in the panel. The bench also gave directions to collect facts about the custom after discussing with former Kumaries.Advocate Maharjan, almost a year ago, had filed a Public Interest Litigation at the Supreme Court seeking its order to the Office of the Prime Minister and Cabinet, the Ministries of Women, Children and Social Welfare; Education, and Sports; Law, Justice and Parliamentary Affairs and National Women Commission to effect reforms in the custom.

According to the petitioner, there are 11 Kumaris in Kathmandu Valley.She claimed that the fundamental rights of the Kumaris have been violated after their appointment as she claimed that Kumaris have not been getting sufficient food, proper education and health services.According to the advocate, the right to movement, right to speech and expression, and right to secrecy have also been violated.She also sought the court’s order to allow Kumaris to live with their family members and to rehabilitate them properly after retirement.