Sobhraj’s fake passport case reopened

The Supreme Court on wednesday reopened a fake passport possession case against alleged international serial killer Charles Gurumukh Sobhraj.A division bench of justices Min Bahadur Rayamajhi and Kalyan Shrestha reopened the case. The Kathmandu District Court (KDC) had decided to close the case in 2004; the Patan Appellate Court had upheld the KDC decision in 2005.The bench has also been conducting a hearing on an appeal filed by Sobhraj challenging the conviction in a murder of an American national Connie Jo Bronzich in 1975.The KDC had slapped a 20-year jail term on Sobhraj for the murder of Bronzich and the Patan Appellate Court had upheld the KDC verdict. Challenging the lower court verdicts, Sobhraj had moved the apex court in 2005 and claimed that he had not entered Nepal before 2003.During wednesday’s hearing, government attorneys Brajesh Pyakurel and Rewati Tripathi demanded that Sobhraj be sentenced as he had committed a crime by entering Nepal by showing a fake passport. They claimed that Sobhraj had illegally entered Nepal with a fake passport in 1975 and killed American national Bronzich and Canadian national Laurent Armond Carriere.

SC to hear Guv's case on March 11
The Supreme Court on Wednesday decided to hold a hearing on the corruption case against Governor of Nepal Rastra Bank (NRB) Bijaya Nath Bhattarai and another NRB official Surendra Man Pradhan, on March 11.
The apex court is going to take up the case after Special Court judges could not pass a unanimous verdict on the case on February 17. All three judges of the court had passed different verdicts on the case. Now, a single bench of the apex court will decide the case.
As ordered by the Special Court on February 17, Governor Bhattarai and Pradhan presented themselves in person before the apex court on Wednesday for a general date. The Commission for the Investigation of Abuse of Authority (CIAA) has accused Bhattarai and Pradhan of causing loss worth Rs 24.5 million to public property by not claiming compensation after terminating a consulting agreement unilaterally with KPMG, a Sri Lanka-based consulting firm.

SC seeks info on deportation of Pak nationals

The Supreme Court issued show cause notices to the Kathmandu Metropolitan Police Range and the Ministry of Home Affairs to explain why two Pakistani nationals, held in 2006 here, were handed over to Indian authorities.Police had arrested Wallid Sajjad and Asif Ali from Jagat Hotel at Jyatha on July 12 for their alleged involvement in serial bomb blasts in Mumbai in 2004. The court notices came in response to a habeas corpus petition filed in the apex court by the Voice for the Human and Prisoners’ Rights on Sunday.CM Farooq, advocate and chairman of VHPR, claimed the duo were not involved in any criminal activities either in Nepal or outside Nepal. Farooq said their attempt to contact Nepali officials to learn about the arrest went in vain.

Govt enforces Essential Services Act
The government can now take stringent action against tanker owners and drivers if the latter refuse to ferry essential goods.
The government on Monday enforced the Essential Services Act (new amendment), which among others, has granted it special authority to intervene with different essential service providers including the private sector to uphold the basic rights of the people, and if deemed necessary, take action against those causing disruption in smooth and regular flow of essential services.
The Act has specified items such as essential goods, telecommunications, drinking water and fuel, among others as essential services.
It has been learnt that the Act was enforced taking into account the problems the government faced in importing and distributing fuel after tanker-owners and drivers foiled the government's efforts to import petroleum products from Birgunj by launching strike and not cooperating with the security authorities. This has caused a massive fuel crisis in most parts of the country.
With the activation of the Act, the government can now take tankers into its control and operate them by hiring drivers of its own after paying compensation to tanker owners

33 parties, 2,191 candidates to contest 240 seats

The Election Commission (EC) informed Tuesday that 2,191 candidates -- 1,698 from 33 major and fringe political parties and 493 independents-- filed their nominations Monday in 240 election constituencies to contest the upcoming Constituent Assembly (CA) poll under the first-past-the-post (FPTP) system.
Among the candidates, 244 are women (including 29 independents).
According to the EC, the three major constituents of the ruling seven-party alliance-- Nepali Congress, CPN-UML and Maoist -- have filed candidacies in all constituencies across the country, whereas People's Front Nepal (PFN) and Rastriya Prajatantra Party (RPP) have filed candidacies in 187 and 178 constituencies respectively.
Of their respective 240 candidates, both Nepali Congress and UML have fielded 26 women candidates each, whereas the Maoists have fielded 43 women. Similarly, PFN and RPP have fielded 20 and 14 women candidates respectively.
National People's Front has fielded candidacies for 121 constituencies, including 13 women. The CPN-United has fielded 109 candidates including 7 women candidates.
Likewise, Nepal Workers Peasants Party, CPN (Marxist-Leninist) and Nepal Sadbhavana Party (Anandidevi) led by the Minister for Industry, Commerce and Supplies have fielded 71, 83 and 27 candidates respectively.
Four fringe political parties-- Nepal Rastriya Loktantrik Dal, Lok Kalyankari Janata Party Nepal, Nepal Dalit Shramik Morcha and Naba Nepal Prajatantrik Dal-- have fielded only one candidate each.
Meanwhile, two districts in the mountainous region with only one constituency each -- Manang and Mustang -- and Sarlahi Constituency No. 6 have just three candidates each, from Nepali Congress, UML and Maoist.
EC to ask parties to correct closed lists
While scrutinizing the closed lists of candidates submitted by 39 major and fringe political
parties for contesting 335 seats under the proportional electoral system, the EC has found that almost all the parties have failed to meet given requirements.
According to a source at the EC, no party in the seven-party alliance and no other party except the Samajbadi Prajatantrik Janata Party Nepal (SPJPN), has made its list inclusive or produced the required documents at the EC while submitting the closed list of candidates on February 20.
However, the SPJPN led by former CPN-UML parliamentarian Prem Bahadur Singh, who deserted the party following the royal coup on February 1, 2005 to form his own party, has met the necessary criteria, while submitting a closed list of 129 candidates.
As per the already published election schedule, the EC is set to inform the political parties to make necessary corrections in their lists from Wednesday and resubmit the lists at the EC by March 5.
Thereafter, the EC will make the lists public and invite all interested people to lodge complaints, if any, against the candidates.
The EC will then carry out necessary exercises related to challenges, scrutiny and deletion of ames from the closed lists and publish the final lists of candidates under the PR system and provide election symbols on March 25.

- Bishnu Budhathoki /ekantipur

Case filed over drug making negligence

Dr. Kiran Jung Kunwar filed a case against Ranbaxy Laboratories Limited and its super-distributor Amarawati International Private Limited Sunday for showing negligence in the manufacturing of Cilanem, a sensitive drug used for multi-drug resistant microbes.Doctors had traced a glass pellet of thumbnail size in a vile containing the drug three months back.The case was filed through Consumers Benefit Protection Forum at the Department of Drug Administration (DDA).The Multinational Pharmaceutical Company, Ranbaxy committed sheer negligence while manufacturing the most important drug Cilanem used for the patients undergoing treatment at the Intensive Care Unite (ICU) and Coronary Care Unit (CCU), Dr. Kunwar told a press conference .Dr. Kunwar has been working at the Om Hospital and Research Centre.

SC withdraws fine on lawyer Khanal
The Supreme Court has decided to withdraw its February 6 decision to fine lawyer Dhananjaya Khanal for bringing a frivolous writ petition. While quashing a Public Interest Litigation (PIL) filed by Khanal, Justices Balram KC and Gauri Dhakal had pronounced a fine of Rs 5 on Khanal. However, the judges, in the full text of the verdict of the petition prepared on Sunday, ruled otherwise. The judges said in the full text verdict, "Though the bench concluded it would slap the legal cost on the petitioner as a token of punishment, the petitioner be exempted from the fine as he is a lawyer." However, the bench warned the lawyer not to produce frivolous writ petitions in future. The decision to fine the lawyer, the first of its kind in Nepali judiciary, had drawn criticism from the lawyers' community.

Govt, protesters violating human rights, says NHRC

The National Human Rights Commission (NHRC) flayed the government and the agitating groups in Tarai for causing worst human rights situation in 11 Tarai districts. The districts are Bara, Parsa, Rautahat, Sarlahi, Mahottari, Dhanusha, Saptari, Siraha, Morang, Sunsari and Banke, where Commission monitored the human rights situation.Releasing a report on its human rights assessment in the Tarai districts, the NHRC said that the life in these districts has become more difficult and same problem has also been created in Kathmandu valley.The rights body said that various criminal groups were active to make the situation more difficult as they are involved in activities like killing, abducting, threatening and bombing the houses of individuals. During the last two months, two people were killed in Tarai.The report also said that such insecurity in Tarai districts pushes public servants to demand transfer to safest area and the local businessmen, educational institutes, industries have been clearly facing trouble and the daily wages labours have also been suffering due to activities of the criminal groups. According to the NHRC, the rights activists and journalists have also been facing threat to carry out their duties.“The contradicting activities of the activists of Seven Party Alliance, human rights activists and professionals created confusion over whether or not the election will be held,” the report said. The people in the Tarai districts have also been facing trouble to get service as the VDC secretaries in several districts have been halting their services since the last few months.The NHRC also called the government to resolve Tarai crisis by holding talks with the political parties and agitating Tarai groups and called not use excessive force on the agitating groups. It has also called the government not to illegally search the houses of individuals and to be sensitive about women, children and aged people.Calling the government and the Maoists to implement the comprehensive peace accord, the NHRC called to implement report on Gaur incident and create a conducive environment in order to provide rights situation in the country. The NHRC suggested the government to provide enough supply of basic needs to ensure the life of the common people. The NHRC also called to declare the schools as zone of peace and the right of the students to get education should not be hindered at any cost. The NHRC called political parties not to press law enforcement agencies while handling cases.

Show cause issued on Upper Karnali deal
The Supreme Court on Friday issued a show cause notice to the government regarding the latter's agreement with India's GMR Energy Ltd on the 300 MW Upper Karnali Hydroelectric Project.
Besides, the Supreme Court said that it would hold a discussion on March 7 on whether the implementation of the agreement should be stayed, as demanded by writ petitioners Gorakh Bahadur B.C of Kalikot and Ram Singh Rawal of Surkhet, while summoning the defendants to be present before it on that day.
B.C. and Rawal moved the court with a Public Interest litigation (PIL), accusing the government of violating Article 156 (1) (2) (D) and (3) of the Interim Constitution while awarding the project to GMR early this year.
They argued that the constitutional provisions require an approval from a two-third majority of the lawmakers in the parliament prior to inking any agreement on natural resources, but the Upper Karnali agreement was signed without meeting the constitutional requirements.
Justice Balram KC passed the order after an initial hearing on Friday.
Office of the Prime Minister, Ministry of Water Resources, Ministry of Environment, Science and Technology, Ministry of Finance, Parliamentary Committee on Natural Resources and Means, Parliamentary Finance Committee and Department of Electricity Development have been made defendants in the case.

Explain why Dr Amit was deported : SC

The Supreme Court issued show cause notices to the government authorities demanding explanation as to why Dr Amit Kumar, leader of the gang allegedly involved in trade in human kidneys, was deported to India without being prosecuted here in Nepali courts.A single bench of Justice Ram Kumar Prasad Shaha issued show cause notices to the Prime Minister’s Office and Cabinet and the Ministry of Home Affairs demanding written explanation on the issue in 15 days.The court order came as a response to a Public Interest Litigation (PIL) filed by advocate Subodh Man Napit.In his petition, Napit had challenged deportation of the doctor who was arrested from Chitwan on February 7 on the basis of the Red Corner notice issued by the Interpol.The petitioner had demanded the apex court’s order to the authorities to make public the reasons why the government authorities handed him over to the Indian authorities.Police, while arresting him at Chitwan, had seized a large amount of foreign currency from Dr Kumar. Possession of foreign currency is an illegal act and the petitioner claimed that Dr Kumar’s deportation without prosecuting him in Nepal was an illegal act on the part of the government.

SC moved against Upper Karnali project

A writ petition was filed today at the Supreme Court challenging the government’s decision on the Upper Karnali hydro-electricity project claiming that the government signed the contract by violating the Interim Constitution of Nepal, 2007.Gorakh Bahadur BC, permanent resident of Meyalgudi VDC-9, Kalikot District, and Ram Singh Rawal, permanent resident of Latikoili VDC-8, Surkhet, jointly filed the petition on Monday.The Prime Minister’s Office and Cabinet, Ministries of Water Resources, Science and Technology, Environment, and Finance and the parliamentary committee on Natural Resources and Finance, the Electricity Development Department, the Nepal Electricity Authority and the GMR Limited, Hyderabad, India, are the defendants in the case.The petitioners have claimed that the government signed an agreement on the Upper Karnali project, but information regarding the project has not been made public.“The government has been hiding information on the Environmental Impact Assessment of the project,” they said.

CA Court Seeks Funds, Staff

Now that the process for the Constituent Assembly election has formally begun, the newly formed CA court on Wednesday asked the finance ministry to manage staff and funds for its daily operations.Registrar of the CA court Nahakul Subedi on Wednesday made this demand during a meeting with Bidhyadhar Mallik secretary at the finance ministry.Secretary Mallik suggested the court registrar to manage operations in the court in a simple manner and not expect huge funds from the ministry.Subedi said the CA court will be established on the Supreme Court premises and cases will be heard by the bench of the CA court judges, who will also continue to work as the SC justices.The CA Court will begin its function to decide on cases because the process of the CA election has already begun with the political parties on Wednesday filing a closed list of candidates for the proportionate representation election system on Wednesday.The CA Court will look into the disputes regarding CA election and decide about the qualification of the candidates. The CA Court is the final authority to decide on cases relating to the CA.

Disappearance bill on anvil
The government is making preparations to introduce through ordinance an anti-disappearance law and a commission on disappearances, something not desired by national and international human rights organizations.
According to a highly-placed government source, a draft prepared by the Home Ministry after the December 7, 2007 agreement among the seven parties was recently sent to the Ministry of Peace and Reconstruction and the Ministry of Law, Justice and Parliamentary Affairs for their reactions.
A draft of the ordinance obtained by the Post proposes a five-member commission on enforced disappearances but does not treat the act of disappearance as a crime. This means that the proposed draft ordinance does not fully comply with the June 1, 2007 Supreme Court ruling.
In a landmark verdict then on enforced disappearances, the apex court had issued strictures to the government requiring an act of disappearance to be
treated as a crime under any proposed anti-disappearance law.
"If such a law emphasizes only the investigation and does not treat the act of disappearance as a crime, it is useless," said advocate Govinda Bandi, a member of the Detainee Probe Committee which was formed by the Supreme Court and which had helped the court to pass the June 1 verdict.
This is the fourth time the government has prepared the draft of an anti-disappearance law. Earlier efforts aborted after vehement criticism from both national and international human rights organizations.
The present move also has evoked concern at international human rights organizations like the International Commission of Jurists (ICJ), an organization working for justice and human rights.
In a statement issued from Geneva, ICJ urged the government Wednesday not to introduce through ordinance any law relating to a Disappearance Commission or a Truth and Reconciliation Commission.
"…a Truth and Reconciliation Commission and a Disappearances Commission are adopted through regular democratic legislative processes and are not adopted by ordinance," ICJ said in the statement.
Besides, it has suggested the government adopt such legislation following broad-based national consultations and after meeting Nepal's rights obligations.
ICJ further added that introduction of such laws via ordinance violates the Supreme Court's directives and the Interim Parliament's instructions.
The parliament, a couple of months ago, instructed Home Minister Krishna Sitoula to introduce the legislation only after holding extensive consultations.
When asked to comment on the government's latest move to introduce anti-disappearance law, a senior Home Ministry official who preferred anonymity simply said, "We prepared the ordinance as per the agreement of the seven parties."

By Kiran Chapagain/ekantipur

ICJ concerned about lack of rule of law here

The International Commission of Jurists (ICJ) urged the Nepali authorities to address the pressing public security concerns and the many rule of law issues that have arisen after the parallel system of Maoist ‘people’s courts’ stopped functioning.“Lack of clarity in the Comprehensive Peace Agreement (CPA) as to which mechanisms were to be put in place to ensure the full implementation of the provisions on dissolving parallel judicial systems has been a major obstacle to bring justice to those whose cases were pending before Maoist “people’s courts” or who had been victimised under the Maoist system,” the ICJ press release issued here today said.The ICJ has expressed concern about the lack of mechanism replacing the Maoist-run people’s courts.“More than a year has passed since the CPA directed against any ‘parallel structure’, but no mechanisms or procedures have been put in place to ensure the many cases affected by functioning of the ‘people’s court’,” the statement said.The ICJ has also said that an advisory panel of experts could be constituted to start drawing up guidelines and help restore a sense of rule of law.“Particular attention should be drawn to the restoration of the rule of law in the Tarai region where the police remain largely absent in rural areas and the work of courts is often disrupted due to threats to civil servants, including court officials and public prosecutors,” the ICJ said.

SC seeks explanation on third statute amendment

The Supreme Court demanded written explanations from the government and the parliament on the third amendment to the Interim Constitution of Nepal, 2007.
A single bench of justice Sharada Shrestha issued show cause notices to the authorities, responding to a Public Interest Litigation (PIL) that was registered in the apex court on February 10. The apex court gave a 15-day deadline to Prime Minister Girija Prasad Koirala, the Parliament and the cabinet to submit written explanations.
The bench issued the order following initial hearing on the PIL. Advocate Achyut Prasad Kharel had registered the PIL questioning the amendment that also prohibits the pro-royalist parties from launch programmes in favour of constitutional monarchy. During monday’s hearing, senior advocate Ganesh Raj Sharma and advocate Balkrishna Neupane demanded that the apex court scrap the amendment.“The Seven-Party Alliance (SPA) violated the rights of the sovereign people and declared the country a republic without taking the mandate of the people,” the PIL stated.
Claiming that the amendment contradicts with Article 141 (2) of the Constitution, Kharel has sought the apex court order to scrap the amendment on Article 159 of the Constitution.
“The SPA government has prevented political parties from launching campaigns in favour of constitutional monarchy, multi-party democracy and human rights. This is against Article 141(2) of the Constitution,” it stated.
The Article reads: “Any law, arrangement or decision, which allows for participation or involvement of a single political party or persons having a single political ideology, philosophy or programme in the elections, political system of the country or conduct of State Affairs shall be considered inconsistent with this Constitution and shall ipso facto be void.”

NRB case verdict postponed till Sunday
The Special Court failed to issue a verdict saying the judges were still scouring through the documents related to the corruption case against Governor of the Nepal Rastra Bank Bijaya Nath Bhattarai and Executive Director Surendra Man Pradhan.A three-member bench of judges Bhoopdhoj Adhikary, Komal Nath Sharma and Cholendra SJB Rana said the judges were still analysing the case.
This is the sixth time the verdict of the case was postponed without any reason even after gathering all necessary evidences and documents. The bench has told the court authority to produce the case on Sunday.Registrar of the Special Court Lekhnath Paudel, however, expressed ignorance over whether the bench would pronounce its verdict on Sunday.
The Commission for the Investigation of Abuse of Authority (CIAA) had filed the corruption case against Bhattarai and Pradhan accusing them of causing a loss of Rs 30 million by terminating the contract signed with the IEF INC. Lloyd Hill Oakton, USA in Association of KPMG, Sri Lanka.

SC not obliged to settle all cases

Making a three-month-old verdict public, the Supreme Court (SC) said today that it is not bound to settle all issues related with the “constitution and law.”Responding to a Public Interest Litigation (PIL) filed by advocate Chandra Kanta Gyawali, a single bench of Chief Justice Kedar Prasad Giri had issued the verdict.The advocate had moved the Supreme Court, demanding its order to the government to conduct a study on restructuring of the state.

“Every issue to be decided by a court of law should have judicially manageable standard,” the text stated.“The court decides a case when there is a guarantee that its verdict will be enforced.”The apex court said the formation of a state-restructuring commission is the sole prerogative of the government and there is no need for the apex court to order the government to set up such a commission.“The formation of such a commission and determination of service condition of members of the commission is a political issue,” the bench maintained.The petitioner had moved the court, stating that though the formation of the commission is a must as per Article 138 of the Interim Constitution of Nepal, 2007, the government was yet to initiate a process in this regard.“Involvement of the apex court in every political issue would not help develop a healthy political environment. This would give rise to frustration towards the political system,” the verdict further stated.

Hearing on Sobhraj’s plea delayed

Supreme Court justices today refused to hear an appeal filed by alleged international serialkiller Charles Gurumukh Sobhraj.The appeal was produced in a division bench of justices Kalyan Shrestha and Ram Kumar Prasad Shaha. “The justices said that the case is serious and they are yet to read all documents of the case, which date to 1975,” Sobhraj’s lawyer Raja Ram Dhakal told.The bench was supposed to reopen the fake passport possession case. The Kathmandu District Court and the Patan Appellate Court had quashed the case, citing lack of evidence. The case charged Sobhraj with entering Nepal in 1975 by showing a forged passport.The apex court had decided to reopen the fake passport case against Sobhraj on December 19, saying it is linked with the murder of American national Connie Jo Bronzich and Canadian national Laurent Armond Carriere.“After their assistant read out the text of the case, the justices put off the hearing,” Dhakal said. “The justices said they were not ready to hear the case because they had not read relevant documents,” Dhakal added.Former attorney-general Badri Bahadur Karki, Dhakal and Ram Bandhu Sharma had attended the court to defend Sobhraj. Deputy government attorney Brajesh Pyakurel and advocates Dr Rajit Bhakta Pradhananga and Ambar Khatri were to plead on behalf of the government and the victims.“We are so sad because hearing on the case is being delayed time and time again,” Dhakal said.

CA court judges sworn in

Chief Justice Kedar Prasad Giri on Monday administered the oath of office and secrecy to newly appointed Constituent Assembly Court justices Anup Raj Sharma, Top Bahadur Magar and Ram Kumar Prasad Shaha.The cabinet on Sunday appointed the three Supreme Court judges to the CA court to look into disputes regarding the CA polls.Justice Sharma is the head of the court.The Constituent Assembly court will begin its works once the formal programme of the election begins, SC spokesperson Til Prasad Shrestha said, adding that the office of the Constituent Assembly court will be set up on the apex court premises.

Decision on Rayamajhi Report Soon: CIAA

Commission for the Investigation of Abuse of Authority (CIAA), currently in its final stage of analysis of evidence and law against those implicated by the Rayamajhi Commission, said on Sunday it would arrive at a decision soon.The CIAA said it was in the final stage of deciding whether or not to take action against them. "We have been analysing the evidence, the report and the law," Acting Chief Commissioner Lalit Bahadur Limbu said.Speaking at a press conference organised on the eve of its establishment day, he said the CIAA would conclude its year-old responsibility by bringing to justice those who misused the state treasury to suppress the Jana Andolan-II.Stating that it had filed appeals in the apex court challenging the Special Court verdicts, Limbu said the CIAA was not satisfied with the clean chits issued by the Special Court. "Some of them were issued based on technical grounds and most of them were quashed because they were filed beyond the statutory limitation," he added.

PLA was filed Challenging Third amendment to Interim Constitution

Challenging the third amendment to the Interim Constitution of Nepal, 2007, which declared the nation a republic, a Public Interest Litigation (PIL) was filed at the Supreme Court .Advocate Achyut Prasad Kharel filed the petition questioning the third amendment that prohibits royalist parties from launching programmes in favour of continuation of constitutional monarchy in the country.“The Seven-Party Alliance violated the rights of the sovereign people and declared the country a republic without taking the mandate of the people,” the petitioner added. Stating that the amendment contradicts Article 141 (2) of the Constitution, he urged the apex court to scrap the amendment to Article 159 of the Constitution.Prime Minister Girija Prasad Koirala, interim parliament and the cabinet have been made defendants in the petition.The petitioner claimed that the SPA government had created hindrances to prevent political parties from launching campaigns in favour of constitutional monarchy, multi-party democracy and human rights, which is in violation of Article 141(2).“Any law, arrangement or decision, which allows participation or involvement of only a single political party or persons having a single political ideology, philosophy or programme in the elections, political system of the country or conduct of state affairs shall be considered inconsistent with this Constitution and shall ipso facto be void,” Article 141(2) states.Stating that the constitution allows every political party to launch programmes as per their political ideology, the petitioner urged the apex court to intervene on the issue.

CA court formed
The cabinet, on Sunday, has formed the Constitutional Court to hear disputes and complaints regarding the election.
The cabinet formed the court as per the recommendation by the Judicial Council.
Anup Raj Sharma, a Supreme Court judge will head the court. The court will include two members – Tapa Bahadur Magar and Ram Kumar Prasad Shah – both of whom are judges at the apex court.
Nahakul Subedi, co-registrar at the Council, has been appointed as registrar at the Constitutional Court.
The Constitutional Court has been formed as per the special act passed by the parliament.

Lawyers’ meet adopts 13-point declaration
Some five hundred lawyers, who had gathered here for a three-day national conference that concluded on Sunday, unanimously decided to be active and committed to ensuring that the April 10 election to a Constituent Assembly (CA) is held in an impartial and fearless manner.
Similarly, the conference adopted a 13-point declaration, mandating Nepal Bar Association (NBA) to advocate constitutionalism, judicial independence, fundamental rights, pluralism, and periodic and competitive election after the CA election.
The conference also recommended that the demands of Madhes and Janajatis be resolved through talks, besides mandating NBA to play a role in mediating between the government and agitating groups.
The lawyers also expressed concern over hindrances to enjoyment of press freedom while urging the concerned parties not to interfere with independence of media.
The commitments expressed in the comprehensive peace accord should be respected by all concerned parties, the conference said in its declaration. Similarly, the conference suggested that all agreements between the government and agitating groups should be implemented completely.
Likewise, lawyers also decided to ask armed groups in the tarai to stop violence, terror and extortion.
Speaking at the concluding session of the conference, NBA President Bishwa Kant Mainali said that the April-10 election should not be postponed under the pretext of security. "Elections have been held even in countries worst hit by conflicts," Mainali said.

Lawyers meet in Baglung
Around four hundred lawyers from across the country have gathered here for a three-day national conference to discuss agendas that Nepal Bar Association (NBA) would recommend to the Constituent Assembly to be formed after the election on April 10.
Chief Justice Kedar Prasad Giri inaugurated the conference amidst a program here on Friday. On the occasion, Giri said that the success of the proposed federalism would depend on the structure and power of the judiciary.
"The issue pertaining to the structure and the power of the judiciary under federalism is very sensitive. And the success of the federalism largely depends on the structure and the power of the judiciary," the Chief Justice said while inaugurating the national conference here.
The Chief Justice further said that attention should be given to ensure independence of the judiciary right from the time of drafting a new constitution.
Giri also asked participating lawyers to pass a resolution to make justice inexpensive, accessible and effective.

Fined for filing 'unnecessary' writ petition

Supreme Court (SC) slapped a fine of Rs. 5 on advocate Dhananjaya Khanal saying he filed a writ petition just to gain 'cheap popularity' in the name of Public Interest Litigation (PIL) rather than being serious on the issue and following proper norms of the writ procedures. The court for the first time issued such kind of verdict on the PIL.Issuing the verdict in response to a writ petition demanding information about the treaties signed between Nepal and India, a division bench of justices Balram KC and Gauri Dhakal Wednesday said the bench slapped the fine to mitigate unnecessary litigation which really wastes the court's time rather than being genuine in their nature and gravity, joint registrar of the SC Hemanta Rawal cited the Court's ruling."It will be a moral lesson for the citizens and other activists to raise genuine issue while knocking the door regarding public interest litigation,� Rawal cited the verdict.The petitioner has also failed to point out what kind of treaties and its dates while seeking court order and the norms and conditions to be followed while filing writ petition at the court, the court said. "Such kind of unnecessary litigation, on the one hand wastes the time of the court and its staff and on the other it becomes a cause of delay on the cases of other people who are seeking prompt justice.�

Kidney kingpin may get up to 10 years jail

If prosecuted in a Nepali court, alleged kidney smuggler Dr Amit Kumar, would face charges under Human Body Organ Transplant (Regulation and Prohibition) Act 1998 or Human Trafficking (Control) Act 2007.If convicted under either of these Acts, he may face up to 10-year jail sentence and Rs 2 lakh as fine, in the charge of racketing human bodies.Upendra Kanta Aryal, SSP of Metropolitan Police Circle Kathmandu, said today that Nepal Police has been investigating Kumar’s crime under the Human Body Organ Transplant (Regulation and Prohibition) Act 1998.Criminal lawyers, however, said such a kidney racket kingpin can be prosecuted under 1998 or 2007 Act and Kumar can also be prosecuted in possession of foreign currency in Nepal illegally. “He can be prosecuted under foreign currency possession case too since one cannot possess foreign currency without prior approval from Nepali authorities,” Criminologist Dr Rajit Bhakta Pradhananga said.Upon arrest the police had seized Euro 1,45,00, $18,900 and a draft worth Indian Rs 9,36,000 from the kingpin.Dr Pradhananga also added that Kumar deserves prosecution in Nepal rather than extradition to India.Kathmandu District Government Attorney Surendra Thapa said that he would decide whether or not to prosecute Kumar in Nepal once the police submits its preliminary investigation of this case.

Sobhraj’s lawyer writes to CJ for speedy trial

Suspected international serial killer Charles Gurumukh Sobhraj’s French lawyer, Isabelle Countant Peyre, today wrote to Chief Justice Kedar Prasad Giri, seeking speedy trial of her client’s case in the Supreme Court.Emphasising on his release, she defended her client as innocent and said that thecase against him is entirely fabricated.“I hereby respectfully ask for justice from the honourable justices of the SC, on behalf of Sobhraj and his family, and request that a just verdict be given for his quick release,” the letter stated. “Given the absence of the slightest material evidence, the first two verdicts, pronounced by the Kathmandu District Court and by the Appellate Court, sentenced him to life imprisonment without calling in a single witness and on the basis of flimsy grounds , she claimed.“My client submitted his appeal two years ago to the SC presided by your honour, hoping that justice would prevail at last and that he be allowed to go back to his family,” the letter stated. “I have, as a protective measure, informed the United Nations Committee for Human Rights of Charles Sobhraj’s situation,” she added.

Shivpuri case: Experts analysing evidence



The National Human Rights Commission (NHRC) is expecting suggestions from the visiting foreign forensic experts on whether to dig up the Shivpuri area for evidence.
The rights body is expected to decide whether to dig up the site after getting preliminary report from the visiting forensic experts on controversial Shivpuri human bodies buried case. The NHRC is expected to get the report within next ten days.
“After their recommendation we will decide what steps to be taken further,” NHRC member Gauri Pradhan told .
Finnish forensic experts Ranta Helena and Saukko Bikko have currently been analysing the testimonies found in the Shivpuri area after their preliminarily examination of the site. They had arrived Kathmandu on Sunday.
According to Pradhan, they are currently busy on technical work with the assistant of domestic experts’ team lead by Dr Harihar Wosti.
The NHRC had invited the forensic experts to investigate the Shivpuri area on suspicion that 49 Maoists’ cadre disappeared from the Maharajgunj-based Bhairav Nath Battalian of the Nepal Army were killed and buried in the area.
While the technical team has authority to decide whether or not to exhume the suspected site, the NHRC would endorse its decision.
“They are free to decide the steps to be taken further in this case. We will only endorse their decision,” Pradhan added.

CJ stresses on media-judiciary interaction
Chief Justice Kedar Prasad Giri has said Supreme Court would soon initiate projects to improve the relation between judiciary and media so as the deliver right information about decisions in court to the general people.
Addressing the inaugural session of the legal best reporting training organised by Freedom Forum in the capital Wednesday, Giri said the regular interaction between media and judiciary was essential for promoting human rights and civil liberties in transitional phase.
Former attorney general Badri Bahadur Karki said journalists writing news on legal issues have to be more responsible in disseminating correct information, adding that court reporting in Nepal has been minimal.
Former president of Nepal Bar Association Shambhu Thapa said the journalists must distinguish between legal and judicial aspects of the any verdicts given by the court while writing news.
Senior journalist Harihar Birahi, Gokul Pokhrel, president of Press Chautari Bal Krishna Chapagain, chairman of Freedom Forum Tara Nath Dahal highlighted the importance of court reporting in Nepal and necessity for improving the relation between media and judiciary.

Nepali among three convicted by India court for 1999 IA hijack

A court in India has sentenced three persons, including a Nepali national, to life imprisonment for their involvement in the hijacking of an Indian Airlines plane in 1999, according to Reuters.
A court in the Indian state of Punjab Tuesday jailed Abdul Latif and Dalip Bhujail, both Indian nationals, and Yusuf Nepali, from Nepal, were convicted of criminal conspiracy and murder following an eight-year trial, the agency quoted B.S. Sodhi, their lawyer, as saying.
The court in Patiala said the men, who are known by several aliases, supplied weapons and fake passports to the hijackers.
Five armed men hijacked the Airbus A-300 carrying 189 passengers and crew between Kathmandu and New Delhi on Christmas Eve in 1999. The plane touched down in western India, Pakistan and the United Arab Emirates before landing in Kandahar in Afghanistan.
The hijackers killed one passenger early in the week-long stand-off, but the remaining passengers and crew walked free after India released three Kashmir separatist militants from jail.
India said the hijackers were all Pakistani and accused Pakistan's government of complicity in the hijacking, charges it denied. The two neighbours have twice gone to war over who should rule the Himalayan region of Kashmir.
The hijackers fled and have never been caught.
British-born Ahmed Omar Saeed Sheikh, one of the freed militants, was later convicted and sentenced to death by a Pakistani court for his role in the murder in 2002 of Daniel Pearl, a reporter for the Wall Street Journal.
The three men convicted on Tuesday will appeal against the judgement, their lawyer said.

SC gives more power to judges, legalizes IT use
A meeting of the Full Court, the apex policy making body of the judiciary, on Tuesday approved more power to chief judges of the appellate courts besides legalizing correspondence via the Internet for judicial purpose.
The meeting took the decision to this effect by amending the existing Supreme Court and Appellate Court Regulations, according to Supreme Court Spokesperson Til Prasad Shrestha.
The meeting decided to give more power to the chief judges of the appellate courts so as to make the administration of justice more effective in the district courts under their respective jurisdiction.
Now the chief judges can regularly monitor, inspect and instruct the district courts under their respective jurisdiction, making the chief judges active and dynamic in their respective regions.
The amendments were introduced in view of the fact that the chief judges have been more dependent on the Supreme Court even for giving direction and monitoring and inspecting performance of the lower courts under their jurisdiction.
In the meantime, the Full Court also decided to include provisions in the Regulations, legalizing correspondence via the Internet for judicial purpose. Earlier, only correspondence via fax and post offices were considered authentic for judicial purpose.
Similarly, the Full Court also decided to give power to Chief Justice to designate judges for the proposed six commercial benches. Preparations are underway to establish commercial benches, Shrestha said.

Lawsuit seeks trial of Maina’s killers in civilian court

A lawsuit was filed through the government attorney’s office at the Kavre district court today, stating that 15-year-old Maina Sunuwar of Kharelthok VDC-6 was murdered after torture at the Panchkhal-based peace mission training centre. The lawsuit has demanded that those accused be tried in a civilian court.A ninth-grader at local Bhagwati secondary school, Maina was held by the then Royal Nepal Army and murdered on February 14, 2004. The “Court of Enquiry Board” formed by the military court had also concluded that Maina was murdered in spite of the existence of the “alternative ways of enquiry”.Maina was allegedly electrocuted and her body was buried on the premises of the peace mission training centre. The then colonel Bobby Khatri of Kathmandu Municipality-33 Gyaneshwor, the then captain Sunil Prasad Adhikari of Kathmandu-3 Bansbari, the then captain Amit Pun of Rupandehi Anandaban VDC-3 and the then major Niranjan Basnet of Dolakha district Makaibari VDC-9 are defendants in the case filed under section 18 of the Act related to Government Court Case 2049.

SC scraps PILs on border issue

Scrapping two separate Public Interest Litigations, the Supreme Court on thrusday said it could not examine the country’s border related issue.
“This is a matter to be settled by the governments because it concerns the Nepali and the Indian governments,” said a single bench of Justice Ram Prasad Shrestha.
“The apex court cannot settle such a case by examining evidences,” Justice Shrestha said.“The apex court only looks into cases of violation of constitutional and legal rights,” he added.
Advocates Ritubarna Baniya, Gopal Bahadur Pokhrel and Kathmandu resident Mohan Bikram Pokhrel had filed a PIL while another resident of Kathmandu, Bijendra Lal Joshi, had filed another PIL.
The petitioners had sought the apex court order to the government authorities to determine the country’s border and end any border-related controversy.
They had sought the apex court order to the Parliament Secretariat, the Prime Minister’s Office and Cabinet, the Ministry of Land Reform and Management, the Ministry of Home Affairs, the Land Reform Department, the District Administration Office-Nawalparasi, the Land Reform Office-Nawalparasi and Survey Office-Nawalparasi.
Judge Shrestha, however, called the journalists to press the government and the parliament in this regard.

SC no to stay on loan default cases

In its order to curtail financial irregularities in the banking sector, the Supreme Court has upheld the authority of the banking institutions to take strong action against the bank loan defaulters.Revealing its full text judgment of May 4 verdict, a division bench of Justices Bala Ram KC and Tahir Ali Ansari also curtailed the authority of appellate courts to issue stay order in favour of bank defaulters. The bench told the lower courts to keep in mind the loss to the banks while settling such cases.The text of judgment was issued while acting on a writ petition filed by Chairman of Fulbari Resort Pyush Bahadur Amatya against the Nepal Rastra Bank, the Nepal Bank Limited and the consortium banks. Amatya Group invested over Rs 600 million 13 years ago in the Fulbari Resort and moved the apex court when the NRB and the consortium banks initiated action against them. The bench also told the Amatya Group to pay back Rs 1.86 billion to the consortium banks.The Rastriya Banijya Bank, which was the lead bank of the consortium, had recommended the Credit Information Bureau (CIB) to blacklist the Amatya Group following several calls to the group to clear the loan in 2004 as per Clause 88 of the Nepal Rastra Bank Act 2058. However, challenging the CIB’s decision to blacklist it, the group moved apex court.The bench observed that issuance of a stay order in favour of bank defaulters made the apex court more sensitive.“The Appellate Court issued stay orders without analysing balance of convenience and without caring for the loss to the affected party,” the text stated.Stating that issuance of a stay order encourages the defaulters not to pay back the loans, the bench told the court of appeals to be sensitive while issuing stay order.

Ananta Raj Luitel/ himalayatimes

Sobhraj fake passport hearing on Feb 13

The Supreme Court will reopen the fake passport possession case against alleged international serial killer Charles Gurumukh Sobhraj on February 13.The apex court has scheduled the hearing for February 13 following the order of a division bench of Justices Anup Raj Sharma and Top Bahadur Magar on December 19.“We expect that the apex court will decide the case soon after its hearing,” Sobhraj’s lawyer Raja Ram Dhakal told .After a long hearing, the bench had decided to reopen the fake passport possession case, which was quashed by the Kathmandu District Court and was upheld by the Patan Appellate Court. The lower courts, however, had convicted Sobhraj of killing American national Connie Jo Bronzich in Nepal in 1975.Stating that Sobhraj’s fake passport possession case is interlinked with the murder case, the apex court had decided to reopen the fake passport case.The prosecutors had filed the case against Sobhraj claiming that he had entered Nepal using fake passport in 1975 and had killed two backpackers Bronzich and Canadian national Laurent Armond Carriere.

Judges to have more power
The Supreme Court (SC) is set to make chief judges of appellate courts more powerful to make administration of justice more effective in appeal courts and the district courts under their respective jurisdiction.
SC Registrar Dr Ram Krishna Timalsena said the amendments are being introduced in the existing Supreme Court and Appellate Court Regulations to incorporate the provisions giving more power to the chief judges.
"We have proposed in the draft regulations that the chief judges can regularly monitor, inspect and instruct the courts under their respective jurisdiction, Dr Timalsena said. "The proposed provisions aim at making the appellate court chief judges active and dynamic in their respective region."
The move has been taken upon the realization that the chief judges have not been as active and dynamic as they should have been. Besides, they have been more dependent on the Supreme Court for any decision to give direction, and for monitoring and inspecting performance of the lower courts under their jurisdiction.
Each appellate court has certain number of district courts under its jurisdiction. There are 16 appellate courts across the country, and the number of district courts under the jurisdiction of a particular appellate court varies. There are 75 district courts.
The regulations will be effective after an endorsement by the Full Court, the apex policy-making body of the judiciary, which is headed by Chief Justice.
In the meantime, efforts are underway to set up an IT section in each appellate court and district court in order to expedite the judiciary's bid to inter-connect all the courts across the country, according to Dr Timalsena.
The judiciary has planned to computerize all the courts across the country within next three years, according to Deepak Timalsena, IT chief of the Supreme Court.

PIL filed at SC on border issue

Public Interest Litigation (PIL) was filed on Tuesday in the Supreme Court seeking its order to the government authorities to determine the border of the nation so that controversies regarding border encroachment can be resolved .Claiming that Nepal has been losing its land, advocates Ritubarna Baniya and Gopal Bahadur Pokhrel and Kathmandu resident Mohan Bikram Pokhrel filed the PIL jointly. Claiming that 1773 square miles of land was encroached by the Indian side, they sought the court order to the authorities to take the issue seriously.

SC seeks replies on Rs 1m per MP
The Supreme Court on Tuesday ordered the Prime Minister, the Speaker and the Parliament Secretariat to furnish written replies within 15 days over the decision to give one million rupees to each member of parliament (MP) under the constituency development program.
Besides, the court also ruled that it would hold discussions on February 5 on whether the decision should be stayed for the time being. The apex court therefore ordered the defendants to be present in court to take part in the discussions.
Justice Ram Prasad Shrestha issued the order following an initial hearing on the writ petition questioning the constitutionality and legality of the government decision. In a controversial move, the government had decided on January 9 to give one million rupees to each lawmaker.
Similarly, the court also ordered the government to produce the files on the decision before the court on February 5 via the Office of the Attorney General.

Law on Sex Crime Victims' Welfare Must: AG

Attorney General Yagya Murti Banjade on Monday said that there is urgent need to promulgate a separate Act to protect the rights of women and children and HIV/AIDS patients.The recent Supreme Court verdict and guidelines to the government, prosecutors and all concerned, to keep secret the identity of victims of sex crimes and of HIV/AIDS patients while dealing with their cases, has the same capacity as a law, but ultimately there should a law to govern this issue, he said.He said this at a discussion on special cases related with women, children and HIV/ AIDS patients and secrecy related to them, organised by Forum For Women, Law and Development on Monday.Banjade also said that all concerned should strictly follow the guidelines.SC Registrar Dr Ram Krishna Timalsena said that the apex court would coordinate with the government authorities to implement the guidelines until a law is promulgated.President of the FWLD Sapana Pradhan Malla said that honouring the SC verdict and its guidelines would help respect the fundamental rights of women children and HIV/ AIDS patients.

NRB guv case verdict rescheduled for Feb 15

The Special Court on monday rescheduled the pronouncement of verdict on the corruption case against Nepal Rastra Bank Governor Bijaya Nath Bhattarai and Executive Director Surendra Man Pradhan for February 15. This is the sixth time the case verdict has been postponed.A three-member bench comprising judges Bhoopdhoj Adhikary, Komal Nath Sharma and Cholendra SJB Rana postponed the pronouncement of judgment following today’s hearing.Today’s hearing involved discussion on whether a January 9 letter from the KPMG Sri Lanka verified its June 18, 2007 letter.The verdict pronouncement was postponed today for lack of sufficient time to further proceed with the case. The bench also directed the court administration to place the case before the bench on February 15.The KMPG Sri Lanka, in its letter to CIAA investigation officer Ranjan Krishna Aryal, has said its letter dated June 18, 2007 is authentic.“We attached a copy of our letter dated June 18, 2007, addressed to you, duly certified by our lawyers Julius and Creasy confirming that it is a true copy of our letter,” the January 9 letter stated.The NRB lawyers claimed that the document forwarded by the KPMG Sri Lanka does not verify the authenticity of its earlier letter as it came from ‘back door’ because it was not addressed to the court but to the CIAA investigation officer and therefore, it was ill intentioned.The KPMG Sri Lanka had refused to furnish details to the NRB saying it would do so only if the court or the CIAA asked.

Sharma to head CA court
The Judicial Council (JC) on Sunday recommended the government to appoint Supreme Court (SC) Justice Anup Raj Sharma as the chairman of the Constituent Assembly Court.
Similarly, JC recommended the name of Supreme Court Justices Tap Bahadur Magar and Ram Kumar Prasad Sah as the members of the court, according to JC Spokesperson Nahakul Subedi.

A meeting of JC headed by Chief Justice Kedar Prasad Giri took the decision on Sunday after the government requested the JC to recommend the judges for the court. The government told the JC that it is going to announce the inception of the court soon.

The Interim Constitution has provisioned that there will be a separate court to take up cases and crimes relating to the election to the Constituent Assembly.

Similarly, the JC has recommended the government to appoint Subedi, joint secretary at JC, as the registrar of the court.

In the meantime, the JC meeting also decided to allow the Election Commission (EC) to deploy 95 district judges, including 20 additional district judges, as the chief election officers across the country, according to Subedi. Likewise, a meeting of the Judicial Service Commission decided to allow the EC to use 240 officials under the judicial service in the upcoming election.

SC bans transactions in Rajguthi land
The Supreme Court (SC) on Thursday put an end to transactions in Rajguthi land owned by the government trust known as Guthi Sansthan.
In a ruling to the government, the Supreme Court said such a move was necessary to preserve Rajguthi lands, which are decreasing day by day.
Generally, guthi land cannot be bought or sold. However, Rajguthi land can be bought or sold after it is converted into Raitan Numberi - land on which tax is paid by the tenant to the Guthi Sansthan.
The provisions in the Guthi Sansthan Act 1976 allowing the conversion of Rajguthi land into Raitan Numberi have been ruled null and void by the bench comprising Justices Ram Prasad Shrestha, Bal Ram KC and Damodar Prasad Sharma as these provisions violated people's cultural and religious rights guaranteed by the Interim Constitution.
The bench issued the ruling in response to public interest litigation filed by Pro Public, an NGO. The litigation mentioned that the existing legal provisions had allowed rampant misuse of Rajguthi land and caused massive decrease in such lands.
The court also ordered the government to stop the practice of exchanging private Guthi land with other lands. At present, the practice of exchanging expensive Guthi land with less valuable land is prevalent. Consequently, expensive land owned by private Guthis is decreasing, according to the litigants.
Land owned by private Guthis is being misused in other ways as well. According to the litigation, Guthi land is being sold after creating a bank fund equivalent to the minimum price of the land. The court also ruled this practice illegal on Thursday.
The apex court also ordered the government to implement the recommendations of the Guthi Commission led by senior advocate Basanta Ram Bhandari. The commission had recommended to the government a number of ways to check irregularities in connection with Guthi land but none of them have been implemented yet.

Case filed against govt

A person on tuesday filed a complaint at the Metropolitan Police Traffic Division (MPTD), Ramshahpath, alleging a division engineer at the Nepal Water Supply Corporation (NWSC) of running away from the scene after hitting his vehicle.
Prajjwal Basnet, owner of the car (Ba 4 Cha 1342), today filed a complaint at the MPTD charging Bishwo Bhakta Kharel, division engineer at the NWSC, for fleeing the scene after hitting his vehicle twice at Ratnapark and Lazimpat yesterday afternoon.
Basnet said he was driving his car at Ratnapark and the government vehicle hit his car from the back. “I got off the car thinking that the driver of the vehicle will also get off. But the vehicle sped away,” he said, adding that he then chased the vehicle.
“I managed to compel the vehicle to stop near Gairidhara. The driver got off the vehicle and threatened me that I could do nothing to him,” he told.
“Instead of trying to settle the issue, Kharel again ran away from the scene after slightly hitting my car, damaging the bumper,” Basnet said. However, Kharel was not available for any comment.
Rajan Bhetwal, inspector at the litigation section of the MPTD, said they have received a complain and the MPTD would now investigate the case.

Tainted image: Judiciary needs huge reforms, says bar report

A recent study reflects on the face of the judiciary, that it is no different from the other organs of the state.
The report states that the judiciary is also an institution awaiting an overhaul to keep it above public doubts.
The report outlined the reforms needed in the judiciary as the public have no option other than moving the court for justice even when they do not have faith in the judiciary because of corruption, irregularities and delayed justice.
The study, commissioned by the Supreme Court Bar Association (SCBA), states that the judges have been appointed based on nepotism, favouritism and political ideology. To address these shortcomings, the report suggested introducing new policies to save the judiciary’s image.
“There is an urgent need to adopt an examination system for the appointment of the district and appellate court judges and to conduct parliamentary hearing while appointing the ChiefJustice and Justices of the apex court,” states the report.
It also suggested that such parliamentary hearing be conducted by an experts’ committee rather than lawmakers who may not have the expertise to grill judges.
A committee comprising senior advocate Shree Hari Aryal, advocates Kamal Narayan Das, Prakash Osti and Bharat Raj Upreti prepared the report. The bar body is preparing to send the copies of the report to the leadership of the government and the judiciary.
Though the judiciary is not popular with the public, nobody has analysed or studied to uncover the reality. Also, its own activities have been promoting doubts. The court users have also been highlighting the judiciary as a corrupt institution. This image has been deteriorating due to the actions of the politicians, the press and lawyers.
The committee also suggested punishing those involved in corruption, irregularities and any kind of misconduct which has been tarnishing the judiciary’s image.
“The common people will start respecting the judiciary if the suggestions of the report are implemented,” Aryal . “Only a small percentage of people have access to justice and we have analysed the reasons and shown the ways to address them,” he added.
“If the Chief Justice works courageously and honestly, people under him will definitely be afraid of him and not indulge in corruption and irregularities,” Aryal added. “If the CJ is honest and courageous, half the problem will be taken care of,” Aryal said citing the report.
“We also think that if judges are not updated with the recent trends, they cannot grant justice; so, we recommended that the judges be appointed only after they pass fresh exams,” he added.
Aryal also said if the judges are found to be involved in corruption, they should be given double sentences. Considering this fact, the report suggested that the judges’ conduct be monitored regularly.
In order to address the discrimination between the apex court judges and the lower courts judges and the court staffers, the report suggested that they should be given retirement at 60 years of age. Currently, apex court judges retire at 65, appellate court judges at 63 and staffers at 58. “The judges have been enjoying the taxpayers’ money so they should be accountable to the public,” it added. It correctly observed that “judges should be accountable and responsible while providing justice and they should not transfer the responsibility to court staffers if they are involved in wrongdoings”.
Stating there are differences in salaries and facilities enjoyed by the judges and the court staffers, the report suggested that the court staffers’ facilities be increased. It also added that the government appoint the law minister considering his legal background, as he is the ex-officio member of the Constitutional Council and the Judicial Council, which recommends the appointment of the Chief Justice and judges.The committee also suggested adopting reforms in quasi-judicial bodies as they have not been fully abiding by law at present and common people have been suffering their decisions.
It suggested the Ministry of Law, Justice and Parliamentary Affairs and Nepal Law Commission has to be more proactive in drafting and amending Acts.
Stating the judiciary wasn’t providing information effectively, the report asked the SC to set up an information desk to disseminate information. The 200-page report suggested that the press report judicial issues in a proper manner and be self-sensitive while reporting judges’ personal characters. -Ananta Raj Luitel/himalayatimes

produce Mukunda Rijal :SC

The Supreme Court on sunday directed the Singhadurbar Metropolitan Police Sector to produce Mukunda Rijal, a resident of Naya Bazaar, who was arrested from the apex court premises and later released without the court order.
A division bench of Justices Bala Ram KC and Top Bahadur Magar directed the police to produce him before the bench saying that it was improper to release him without the order of the bench as he, along with 16 others, had been arrested on contempt charge for chanting slogans against the justices when they were hearing a case against Chamati Land Pooling Project.
The bench also directed the police to submit a written explanation on why Rijal was released without the court’s order.
The police had released him against the personal guarantee of human rights activist Sudip Pyakurel after his arrest on Thursday.
Altogether 30 persons had been arrested from the court premises and 14 had been released shortly after brief interrogation.
The bench, however, questioned about the release of Rijal, who is facing contempt charge through the apex court’s suo moto notice.
In this connection, the bench recorded statements of four persons — Purna Narayan Maharjan, Ram Krishna Dangol, Dev Ratna Dangol and Shree Bhakta Sharma, who denied the charges and sought apology if they had unknowingly committed any mistake and said they had no intention to disrespect the Justices.
The bench is scheduled to hear statements of the other accused on monday.

SC Directs Nepal Telecom to Attend Hearing on Jan 21

Supreme Court on Friday directed Nepal Telecom to appear before it on Monday to discuss whether a stay order on the share announcement case should be issued.A single bench of Justice Min Bahadur Rayamajhi issued the order acting on a writ petition filed by advocates Jyoti Baniya and Ram Chandra Simkhada yesterday.They demanded that the telephone customers' deposits be converted to their shares and the remaining shares be then announced publicly. The lawyers filed the PIL after NTC turned down their demand.Advocate Laxman Thapaliya recently filed another petition challenging the share announcement.

Supreme Court initiates formal contempt charge against 16 locals

In its suo moto notice, the Supreme Court initiated contempt of court action against those arrested from the SC premises .
The contempt of court charge was initiated against 16 of the 30 persons held from the SC premises. 14 persons were released after they were found innocent.
Police had held them after they chanted slogans in the court room against the judges hearing a case against Chamati Land Integration Project filed by Naya Bazaar residents. The SC decided to initiate actions after bench assistant Yadav Raj Pokhrel submitted his report.
“We have initiated contempt of court charge against them after discussing it with all the SC Justices and the presidents of the NBA and SC Bar Association this morning,” SC Registrar Dr Ram Krishna Timalsena said. “We have taken this issue strongly as it threatens judicial independence and the rule of law.”
The contempt of court charge was initiated against Ram Krishna Dangol, Dev Ratna Dangol, Shree Bhakta Sharma, Purna Narayan Maharjan, Ashok Raj Koirala and Dinesh Maharjan. The others who are going to face the charge include Tutubhai Maharjan, Ratna Kaji Maharjan, Macha Raja Maharjan, Mukunda Rijal, Mahendra Jung Thapa, Macha Kaji Maharjan, Bishnu Shreshta, Purna Lal Shrestha, Nil Kantha Mali, Ravi Maharjan and Gyanendra Maharjan.
After the bench assistant’s report, the case was formally placed before a single bench of Justice Bala Ram KC against whom the accused chanted slogans yesterday. Justice KC directed the police to produce the accused before the bench to record their statements on why punishment should not be awarded to them on the contempt of court charge.

Writ filed against budget released for MPs’ fund
A writ was filed at the Supreme Court Thursday against the government’s decision to give Rs 1 million to each Member of Parliament under the MPs’ Development Fund saying the decision could influence the upcoming Constituent Assembly (CA) elections.
Altogether 13 legal practitioners jointly filed the writ at the SC against the decision saying it was taken without formulating necessary laws and basis.
They have demanded that the SC issue an interim verdict to ask the government to withhold the decision.

17 arrested after vandalism in Supreme Court
Police have arrested around one and a half dozen persons after they resorted to vandalism and sloganeering inside the Supreme Court (SC) where a hearing was underway on a land integration project.
People said to be favouring the Chamati land integration project shouted slogans against presiding judges Balram KC and Tapa Bahadur Magar during the hearing process.
According to Supreme Court (SC) spokesperson Ram Krishna Timalsena, the interruptions at the hearing were of 'criminal nature.'
"If someone files petition on contempt of court on this issue, the court will entertain the issue. Otherwise, we will also take notice of this event and take necessary action ourselves," he said.
The vandalism in the court occurred a day after authorities had set in place the special security in court following the concerns over insecurity made by judges a few days ago.

SC to enforce security plan from Wednesday
The Supreme Court enforced its new security plan from Wednesday with a view to counter growing threats to judges and lawyers inside the court rooms in recent days.
The security plan aims at controlling entrance of people into the court premises and limiting movement of court clients.
According to Hemanta Rawal, co-spokesperson of the Supreme Court, only those concerned with cases would be allowed to enter the premises from now on. And, even their movement would be restricted only to the concerned bench where their case has been listed, he said.
In the past, anyone one who wanted to get into the court premises were allowed in.
From now on, SC judges will be accompanied by their personal security officers (PSO) even during hearings. The judges used to leave their PSO's out of their hearing chambers.
As part of the security plan, even judges, court staffs, lawyers and judges are required to produce court-issued identity cards to enter the apex court. Besides, journalists are required to hold cards to move from one bench to another for reporting.

Constitution has flopped: Legal experts

Legal experts said the Interim Constitution of Nepal 2007 failed to meet its goal as leaders were not abiding by it.To mark one year of writing of the Interim Constitution today, legal experts blamed the politicians for the failure of the constitution.

They lamented that not a single programme was organised to mark the Constitution Day .“The rulers have no trust in the constitution, leading to its failure,” former Supreme Court Justice and Chairman of the Constitution Drafting Committee, Laxman Prasad Aryal, said.

According to him, the Constitution was promulgated to arrange for the transitional politics and to hold the CA election.“We saw nothing during its first year, but chaos and deterioration of law and order,” Aryal said while speaking at Reporters’ Club Nepal.

He, however, said if the Seven-Party Alliance succeeded in holding the CA polls on April 10, the constitution will be deemed successful, otherwise not.Aryal added that a republican set-up was established in the country when the king surrendered power in April 2006 after the Jana Andolan-II.

“It is unnecessary to discuss the form and kind of republic,” he added. He said it would be illegal to provide Rs 10 lakh for each lawmaker without promulgating law for the development of their respective constituencies.

Former president of Nepal Bar Association, Shambhu Thapa, said the statute has failed, as the polls were deferred twice.“The SPA could not hold the election to choose their representatives and has been illegally staying in power,” he said.Thapa asked MPs not to draw their salaries if they respected the state treasury. He said the civil society was doing groundwork to file a case against MPs for spending the state funds.

Advocate Bhimarjun Acharya said the constitution has been violated since the first day of its promulgation. The Interim Constitution has failed as the leaders are not honest,” he added.According to him, the first violation of the constitution was when the ministers did not take the oath of office even after the promulgation of the statute and the last violation was when Matrika Prasad Yadav refused to take oath in the official Nepali language
of Nepal 1990”.

Advocate and Maoist MP Khim Lal Devkota said some politicians were still guided by the “Constitution of Kingdom of Nepal 1990”.

SC orders withholding of identity of sex crime victims

The Supreme Court directed the investigators, prosecutors and media to withhold the identity of victims of rape, abortion, sexual harassment, human trafficking or HIV/AIDS while working on such cases.The apex court strictly directed the authorities to maintain secrecy of the victims while investigating, prosecuting, adjudicating justice and their implementation of any verdict and publication of news.A division bench of Justices Khil Raj Regmi and Kalyan Shrestha issued the directives with its full text of judgment responding to a PIL filed by chairperson of Forum for Women Law and Development Sapana Pradhan Malla.The case was decided on December 25 but the apex court released the full text of judgment today and ordered the authorities to implement the directive from January 24 until the government promulgates an Act.The apex court directed the Prime Minister's Office and Cabinet, the Ministry of Law, Justice and Parliamentary Affairs, the House, Ministries of Women, Children and Social Welfare and Health and Population to promulgate an Act in this regard. The court order has stated that a contempt of court charge will be initiated against anyone found not following it.

New code of conduct for judges proposed
In a bid to introduce timely updates in the existing code of conduct for judges, the Judicial Council (JC) has proposed a new set of code of conduct.
The 12-page code of conduct, which was presented before the conference of judges held Monday for discussion, states that it is unethical for judges to seek political influence for appointment, transfer, deputation and other facilities.
This is something new compared to the existing code of conduct, which has been in place since 1998. This provision was proposed amidst perceived fear of political influence in appointment, transfer and deputation of judges in view of the new interim constitution, which has brought the judiciary under the parliament.
Similarly, the proposed code of conduct has addressed a long-time controversy whether judges should meet parties to cases at their residence. According to the proposed provision, it is unethical for judges to welcome the parties at their residence. The controversy erupted after the Post ran a story about a meeting of the then Chief Justice Dilip Kumar Paudel with parties to cases at his official residence in Baluwatar, Kathmandu.
The new code of conduct will be effective after the Full Court, the apex policy-making body of the judiciary, approves it.
In the meantime, a committee headed by Supreme Court Justice Khil Raj Regmi has been assigned to finalize the draft of the new code of conduct.
JC drafted the new code of conduct amidst calls that the existing code of conduct be updated so that it conforms with international standards.

Judges endorse four-point resolution

The two-day conference of justices of the Supreme Court and chief judges of appellate courts ended , endorsing a four-point resolution.
The resolution has stressed coordination between institutions concerned to make the judiciary independent.
The conference also decided to review the Judges' Code of Conduct, 1998, to garner public support for the judiciary. “There is an urgent need to forge coordination between institutions concerned to make the judiciary independent,” the resolution has said.
“Judicial independence is a pre-condition for democracy. We should take initiatives on our own to make the judiciary independent,” number 3(c) of the resolution has stated.Number 3 (a) of the resolution has stated that the judges should work to make the judiciary more competent.
The resolution has urged the judges to work to adjudicate justice as per the wish of the court users. It has also stressed the need to make justice accessible for commoners.
The conference has formed a committee headed by justice of the apex court Khil Raj Regmi to review the judges' code of conduct.
Justice Ram Kumar Prasad Shaha, chief judge of the Patan appellate court Rana Bahadur Bam, judge of the Jumla appellate court Tarka Raj Bhatta, Appellate Court judge Dr Ananda Mohan Bhattarai and judge of the Kathmandu district court Narayan Prasad Dahal are members of the committee, whereas secretary of the Judicial Council Prakash Kumar Dhungana is member-secretary of the committee. The conference concluded that there is a need to work further to realise goals mentioned in the five-year plan of the judiciary. The resolution said there is an urgent need to forge coordination with several institutions in adjudicating justice, adding that judges will work towards this end.
The conference also passed a resolution allowing two district court judges aged under 45 years to get higher education in law every year.
In his concluding remarks, Chief Justice Kedar Prasad Giri called the judges to follow the to-be-promulgated code of conduct of judges.
Seniormost justice Min Bahadur Rayamajhi urged judges to work hard to reform the judiciary.
Justice Anup Raj Sharma said the judiciary is at a crossroads and has been facing difficulties. He, however, called the Nepal Bar Association and the press to evaluate the performance of the judges and criticise them if need be.

Judges get a salary hike

The Interim Parliament today passed the House Regulation giving Parliament the authority to postpone the House session for upto four months. Earlier, the Parliament had the authority to postpone the session for upto two months.It also passed a separate bill amending the Act Relating to Judges Service Condition, Remuneration and Facilities (1996), thereby increasing salary, perks and facilities of the judges.The Interim Parliament has endorsed the salary proposed by the government. The judges have been enjoying extra allowances and facilities for a few months.As per the new provision, Rs 31,800 is monthly salary for CJ, along with allowances. A Supreme Court justice will get Rs 25,800 as monthly salary and allowances, while an appellate court chief judge will get 24,300 and allowances.An appellate court judge will get 22,800 as monthly salary and allowances, whereas a district court judge will get 18,800 as monthly salary and allowances. The judges have been enjoying housing allowance, fuel, telephone, and electricity and newspaper allowances.The House also amended a provision of the Legislature-Parliament Regulation 2064, enabling the House to postpone its session for up to four months.

Dolma’s death sentence appealed
Saudi Arabia based Nepali mission said on Monday that incarcerated Dolma Sherpa who has been slapped with a death sentence for alleged murder has appealed against the verdict in an appellate court of Kuwait.
"She has appealed to the appellate court against the verdict of a lower court," said Prakash Kumar Subedi, deputy chief of mission.
The mission had deputed Lok Bahadur Thapa, first secretary, last week to Kuwait to find out facts about plight of Dolma, who has been languishing in Shamiya central jail of Kuwait.
According to Subedi, Thapa met Dolma, Kuwaiti officials, rights activists, officials at Kuwait based Embassy of the Philippines and lawyers who are following the case.

Judges' Meet Begins With Call to Win Trust of People

A two-day conference of the judges of the Supreme Court and chief judges of appellate courts began here on Sunday. The conference aims to discuss the challenges facing the judiciary, judges' code of conduct and review the strategic plan of the judiciary.In his inaugural address, Chief Justice Kedar Prasad Giri called on the judges to meet expectations of the people. "The general public is paying serious attention to the judiciary at a time when the institution is likely to undergo a transformation."He said that the judiciary has served the people even during difficult periods.Giri said that the judges only want to establish a system that can deliver justice. "The judiciary has been facing new challenges. The judges should be accountable to the people," he said.The Chief Justice warned the judges to be aware from those who want to tarnish the image of the judiciary.Seniormost justice of the apex court Min Bahadur Rayamajhi said that the responsibility of the judiciary has increased in the transitional period. "The judiciary is facing great challenges. It is also the time for the judiciary to win confidence of the public towards the judiciary," he said.Rayamajhi said judicial independence cannot be protected only by ensuring the same in the Constitution and Acts, he said, adding, "Only clean and ethical judges and their commitment to duty can protect the independence of the judiciary.""Independence of the judiciary never harms the state and the public. In fact, it ensures everybody's welfare and prosperity," Rayamajhi said.Rayamajhi said, "The political sector, civil society, legal circle and the media should think of the result while raising issues of the judiciary". He, however, expressed his commitment to remove "weeds" from the judiciary.Minister for Law, Justice and Parliamentary Affairs Narendra Bikram Nembang said the government is ready to help the judiciary maintain its independence. He, however, called the judiciary to win confidence of the public.Attorney-General Yagya Murti Banjade said the Interim Constitution, 2007 has not impinged on the independence of the judiciary.President of the Nepal Bar Association Bishwokanta Mainali called the judges and the lawyers to change their style and to respect the dignity of labour. "There is no way but to obey the parliament and the Constitution."President of the Supreme Court Bar Association Prakash Raut called to rid the judiciary of corruption and irregularities. He called the judges to focus on delivering justice.

Verdict on suspended central bank governor’s case deferred again
For the fifth time in a row, the Special Court on Sunday deferred the verdict on the corruption case filed against the suspended Nepal Rastra Bank (NRB) governor Bijay Nath Bhattarai by the Commission for Investigation of Abuse of the Authority.
The court put off the verdict, lack of evidence after the central bank failed to furnish proof relating to the authenticity of a letter from Sri Lanka-based consulting firm KPMG in a corruption case against suspended Governor Bhattarai and another NRB official, Surendra Man Pradhan.
The next date for the verdict has been fixed on January 28.
The court has also decided to send a letter to KPMG after the KPMG stated that it would provide the authenticity of its letter to either the court or the CIAA, and not to the central bank.
Division bench of judges Cholendra SJB Rana and Komal Nath Sharma today stated that the court will give the verdict in the case after the KPMG replies to the court’s letter.
The central bank has maintained that as it is the CIAA which obtained the letter from the consulting firm and filed the case against the governor, it should be asked to furnish proof of the authenticity of the letter.
In the letter dated June 18, 2007, the Sri Lanka-based firm had stated that it had not "authorized" its officials S.V. Bhardhoj and A.N Fernando to sign a consulting agreement with the central bank on February 6, 2006.
The CIAA has accused Bhattarai and Surendra Man Pradhan of causing a loss amounting to Rs 24.5 million to the public exchequer by not claiming compensation after terminating the consulting agreement unilaterally.
The judges of the court are divided regarding the need to establish the authenticity of the letter. Tribunal chairman Bhoop Dhoj Adhikari ruled that there was no need to verify the letter for deciding the case while two members of the court - Komal Nath Sharma and Cholendra SJB Rana - maintained that the authenticity of the document needed to be verified before handing down the verdict.

CJ Appoints Two Judges After House Panel Approval

Chief Justice Kedar Prasad Giri today appointed Tahir Ali Ansari and Rajendra Prasad Koirala as permanent Justices of the Supreme Court.The Chief Justice appointed Ansari and Koirala as the Justices of the apex court as per Article 103(1) of Interim Constitution of Nepal, 2007 immediately after the Parliamentary Hearing Special Committee (PHSC) approves their names.Ansari and Koirala have served as ad hoc judges of the apex court in the last two years and recently the Judicial Council had recommended them for permanent postings.Though the PHSC unanimously approved their names, a few MPs expressed serious dissatisfaction over the judges' poor presentation during the hearing, said the Chairing MP Amod Prasad Upadhayaya.

CJ forms panel to reform judiciary

Chief Justice Kedar Prasad Giri formed a committee to look into ways to reform the judiciary. It may be noted that yesterday, a study conducted by the Supreme Court Bar Association had recommended massive reforms in the judiciary.“I have formed a committee to look into the issue of reformation of the judiciary,” Chief Justice Giri told reporters after an interaction organised by the SC between judges and lawyers to resolve problems facing the judges and the lawyers. “I will do the needfulto resolve these problems,” Giri said.The committee formed under the coordination of district court judge Narayan Prasad Dahalhas joint registrar of the SC Til Prasad Shreshta, appellate court registrar Jivan Hari Adhikary and KDC registrar Krishna Ram Koirala as members.The Supreme Court Bar Association had said there is an urgent need to reform the judiciary and review the judges’ appointment process.At the programme, president of the Nepal Bar Association Bishwokanta Mainali said a new judiciary should be formed in a new Nepal. “We have to develop a new culture,” he added. Mainali added that judges have to correct mistakes even if prosecutors or investigators are involved in irregularities.Senior advocate Shree Hari Aryal called the Supreme Court and the NBA to devise ways toprovide speedy justice. Aryal, who prepared the report, said reforming the judiciary will be a tough task unless the NBA and the Supreme Court take the matter seriously.Advocate Prakash Osti claimed the judiciary is politicised as clients have been choosing lawyers based on political affiliation. According to him, the clients do not select lawyers who do not have political links.Advocate Balkrishna Neupane called the Supreme Court to decide backlog cases by appointing judges. “People have not been able to get justice because some of the courts do not have sufficient number of judges. On the other hand, there is no work in several courts,” Neupane added.

NBA report paints damning picture of Nepal judiciary
A report released by a panel constituted by Nepal Bar Association to study ways to improve the image of the judiciary has concluded that corruption is rampant in the sector.
The report of the research committee to enhance popular faith in judiciary released in the capital on Tuesday recommends a several measures to improve the tainted image of the judicial sector and to make the justice delivery system transparent, prompt and accessible and affordable to all.
It has suggested that the judges must be made accountable to discourage corruption and to make justice affordable to the general public.
The Bar Association had set up the committee after a CD revealing bribery in a case at the Supreme Court was flashed out last year.
The study panel has recommended a double penalty to judicial staff involved in graft taking, stating that corruption in the judiciary is more serious than in other sectors.
The panel report suggests that judges must be made mainly responsible for case settlement instead of making the court staff take bulk of the work pressure related to the cases.
The onus should lie mainly on the judges regarding the status of the cases, condition of the evidence collection, and the date to settle the cases, the report suggests.
The report further suggests that the judges should not be allowed to handle financial administration.
Another important suggestion is that the Law Minister must hail from the legal background as he or she is involved in a number of key positions, including the Judicial Council.
The Bar Association panel has also recommended a one-door policy while formulating the laws.
“Let us make Nepal Law Commission resourceful so that it can draft all the laws,” a member of the panel said. “The Law Ministry should not be allowed to prepare the drafts.”
A separate legislation for the implementation of verdicts and expansion of the jurisdiction of the administrative court are the other recommendations of the panel.

NRB directives to banks: SC refuses to issue stay order

The Supreme Court refused to issue a stay order against directives issued by the Nepal Rastra Bank (NRB) to banks and other financial institutions.A division bench of justices Min Bahadur Rayamajhi and Gauri Dhakal refused to issue the order against the directives that were passed on December 28. The directives will remain in effect till January 29.The directives, issued to various banks, development banks and finance companies, told the latter not to disburse margin-lending loan by keeping securities or stocks as collateral.Challenging the NRB directives, Thamma Lal Sharma had filed a writ petition in the apex court. After the NRB directives, a group of investors halted stock trading at the Nepal Stock Exchange, Sharma said in the petition, adding that the NRB's action will affect investment in the stock market.Following hearing, the bench said there is no need to stop implementation of the directives. Advocate Harishchandra Subedi pleaded on behalf of the writ petitioner, while advocates Thaneshwor Acharya and Prem Prasad Pandey defended the NRB directives.

SC judges furnish replies at PHSC

Supreme Court judges Rajendra Prasad Koirala and Tahir Ali Ansari on Monday furnished replies at the Parliamentary Hearing Special Committee (PHSC) to clear the way for their appointment as permanent judges. The PHSC said it would give its decision about the hearing on Thursday.The lawmakers had asked the judges about the dilly-dallying in the process of justice dispensation and the accompanying perversions in the judiciary. The duo expressed commitment that they would work to make the judicial sector more professional as per the prevailing democratic values.Both the temporary judges were recommended few days ago for parliamentary hearing. The PHSC had notified the public to file complaint, if there were any against the judges. But the PHSC so far had received only a single complaint against judge Koirala.Ramesh Prasad Paudel had filed the complaint against judge Koirala accusing him of manipulating the verdict against him in a land-related lawsuit. The verdict is against the earlier precedents of the Supreme Court, he claimed in the complaint. Not a single complaint has been lodged against judge Ansari.

JC discussing transfer of judges

The Judicial Council (JC) is discussing the transfer of Special Court judges.The Special Court is in controversy for giving clean chit to politicians and high-ranking officials accused of corruption.“The JC held a meeting today, but it could not come up with a decision on the transfer of the judges,” JC spokesperson Nahakul Subedi said. Chief Justice Kedar Prasad Giri heads the JC. While assuming office, Chief Justice Giri had promised to review the structure of the Special Court.According to another source, the JC is taking the issue of judges’ transfer seriously. Bhoopdhoj Adhikary, Komal Nath Sharma and Cholendra SJB Rana have been working as judges of the Special Court. Adhikary has been working there for five years, while Sharma and Rana have been serving the court for two years.“Though the transfer is a regular issue and concerns Appellate and District Court judges as well, the transfer of Special Court judges is on top priority,” the source said.

Adoption process for foreigners to be complete soon: Officials
Responding to the agony of American families as a result of delay in the adoption process, officials of Ministry of Women, Children and Social Welfare assured that their adoption process would be completed within a few weeks as they are waiting in queue.
The US-based Seattle Times on January 1 reported the agonies of Margaret King and other prospective parents due to delay in the adoption process in the country. King had chosen Ajaya, a 13-month-old orphan from a child home. The newspaper tagged the process a victim of politics.
All foreign adoptions had been in limbo -- including Ajaya's for a few months. But the government was forced to lift the ban following a massive pressure from European countries and United States. Within a few weeks, over 100 children were handed over to foreign foster parents.
According to the newspaper, some of the adopting families from Seattle have moved to Nepal to be near the babies and lobby at the ministry in hope of speeding up the process.

SC upholds NRB’s authority to regulate banks

The Supreme Court upheld the Nepal Rastra Bank’s regulating authority in banking and financial institutions.
Issuing the verdict in a dispute between NRB and Kumari Bank chairman and its board members, the apex court upheld NRB’s authority.
A division bench of Justices Anup Raj Sharma and Khil Raj Regmi scrapped the writ petition filed by Kumari Bank chairman Nur Pratap Rana and board members Laxman Shrestha and Santosh Kumar Lama. They had challenged the NRB’s authority to regulate their expenditure while opening the bank.Stating that Kumari Bank’s chairman and the members had spent illegally, the NRB directed them to return the amount to Kumari Bank. The trio had challenged NRB direction to return Rs 15 million they spent while opening the bank, as they could not produce bills and vouchers of their expenditure or details of spending.
When NRB directed Kumari Bank’s chairman and members to return the amount, they filed a petition at the apex court. They challenged the NRB’s authority to question and direct them to return the amount that was approved by the general annual meeting of Kumari Bank.“The expenditure was approved by the first annual general meeting of Kumari Bank as per Clause 12 (a) of Banijya Bank Act 2031 and Clause 15 (2) of the Company Act 2031 and NRB’s direction was illegal and nothing but a threat,” the petition stated.NRB had directed the trio to return the amount in cash four years ago after finding expenditure illegal.

Special Court verdict on suspended governor's case deferred again
For the fourth consecutive time, the Special Court Wednesday deferred its verdict on corruption case filed by the Commission for Investigation of Abuse of the Authority (CIAA) against suspended governor of Nepal Rastra Bank Bijya Nath Bhattarai.
The court postponed the verdict for 11 days, stating that one of the members of the bench, was on a leave.
The CIAA had moved the court one year back against central bank governor Bhattarai and senior officer Surendra Man Pradhan, charging them with swindling more than Rs 195 million.
On December 29, the Special Court has ordered the Rastra Bank to furnish proof relating to the authenticity of a letter from Sri Lanka-based consulting firm KPMG in a corruption case against the duo.
The tribunal had issued a similar order on December 14.
NRB replied saying it was unable to verify the authenticity of the document since it had no such correspondence with the firm. However, the court was not satisfied with the reply and has issued the same order today, but with a shorter deadline. It has asked the central bank to respond within three days. The verdict in the case has already been deferred thrice.
The central bank has maintained that as it is the CIAA which obtained the letter from the consulting firm and filed the case against the governor, it should be asked to furnish proof of the authenticity of the letter.
In the letter dated June 18, 2007, the Sri Lanka-based firm had stated that it had not "authorized" its officials S.V. Bhardhoj and A.N Fernando to sign a consulting agreement with the central bank on February 6, 2006.
The CIAA has accused Bhattarai and Surendra Man Pradhan of causing a loss amounting to Rs 24.5 million to the public exchequer by not claiming compensation after terminating the consulting agreement unilaterally.
The judges of the court are divided regarding the need to establish the authenticity of the letter. Tribunal chairman Bhoop Dhoj Adhikari ruled that there was no need to verify the letter for deciding the case while two members of the court - Komal Nath Sharma and Cholendra SJB Rana - maintained that the authenticity of the document needed to be verified before handing down the verdict.