Lawyers’ role in fair justice important: CJ

Kathmandu, Aug. 12-: Chief Justice Dilip Kumar Poudel Thursday said that law practitioners were the true partners of people, who are the victims of injustices and their role is always important in the field of judiciary.A victim could not approach the Court without taking help from the lawyers, and thus they guide the civil society to the right direction, he said.The proper guidelines of an efficient lawyer could help establish law and order in the society and prevent the violation of the rules and regulations, he said. “So, the law practitioners are the social engineers or the mirror of the society”.Speaking at the 12th Nepal Bar Council Day of Nepal Bar Council (NBC) Chief Justice Poudel said that the lawyers’ role was more important in the adversarial legal system of our country. “The NBC’s role is significant to produce efficient and trained lawyers”.The cooperation and coordination among the lawyers and judiciary would help provide fair justice, he said.Former chairman of the Council and senior advocate Mahadev Yadav said that the Council’s role was important to produce competent lawyers.General secretary of the Nepal Bar Association (NBA) Madhav Baskota said that the Council should bring out the programmes for the protection of the lawyers and to promote their professionalism.Speaking from the chair Attorney General and Chairman of the Council Pawan Kumar Ojha said that the Council should widen its working areas for the professional development of the lawyers. At the function Poudel also released a book entitled ‘Annual Survey of Nepalese Law 2004’. The Bar Council had carried out the survey. Advocate and editor of the book Bhimarjun Acharya shed light on the importance of the book.CJ Poudel also distributed prizes and certificates to the top scorer at the examinations of LLB, BL and the examination of the advocates taken by the Council. Prof. Dr. Ranjit Bhakta Pradhananga presented the annual report of the Council.Other speakers at the programme were NBA president Shambu Thapa and Dean of the Department of Law Kanak Bikram Thapa.

Four SC Justices appointed

Kathmandu, Aug 11 - King Gyanendra Thursday appointed temporary justices of the Supreme Court Arjun Prasad Singh, Harijung Sijapati, Badri Kumar Basnet and Balram K.C. to four of the vacant posts of justices of the Supreme Court
The King appointed them in accordance with the Constitution of the Kingdom of Nepal 1990 and at the recommendation of the Judicial Council.

Priority to HoR Revival Case- CJ paudel

Kathmandu, Aug 11-Chief Justice Dilip Kumar Paudel today told Nepal Bar Association (NBA) officials that he would schedule hearing in a case filed in the Supreme Court seeking the reinstatement of the dissolved House of Representatives.Poudel made these remarks at a meeting with the officials of the bar association at his office.
Immediately after taking charge of the office on August 1, Poudel had said he would give due priority to the case, that is pending in the SC."He assured that he would schedule hearing in the case before the bench," said NBA president Shambhu Thapa. "I would definately schedule the case in the bench so that it could give an appropriate verdict in the case," Thapa quoted Poudel as saying.
When Thapa asked Poudel to schedule the hearing before Dashain (before October), the Chief Justice said he would decide about it at appropriate time.Paudel also said the retired Chief Justices did not give priority to the case.

SC order, gateway for FM

Kathmandu Aug 11-Following a verdict by the Supreme Court on Wednesday, a number of FM radio stations around the country have started airing news and current affairs-based programmes.
“Wednesday’s court verdict is applicable to all the FM stations around the country. Now, all the FM stations are free to air news programmes and (the radio stations) should utilize this opportunity in a positive way,” said Shambhu Thapa, president of Nepal Bar Association. “Right to information is a non-suspendable fundamental right of the people and the government can, in no way, snatch it away,” he added.
Mainwhile,Nepal FM, Radio Sworgadwari FM in Dang and Butwal FM in Butwal, among others, have started airing news and current affairs-based programmes from Wednesday evening. A number of other radio stations are said to be preparing to air news bulletins from Thursday, reports said.
In response to a writ petition filed by Kathmandu-based Rainbow FM Pvt. Ltd, that is launching its programmes with call-sign ‘Nepal FM 91.8,’ a single bench of justice Anup Raj Sharma issued an interim order asking the government not to take any action against the FM station until final disposal of the case.
The Ministry of Information and Communications (MoIC) on Aug 3 had sent a letter to the FM asking why its license should not be revoked for defying the government’s order not to air news and news-related programs from FM radio stations.
Nepal FM had aired the news of King’s Birthday on July 7. The radio station has been running a program “Rajdhani Khabar” since then focusing on social and development issues of the capital Kathmandu.
Following the Feb. 1 royal takeover, the government had issued orders to over 50 FM radio stations across the country not to broadcast news and news-related programs and air what it called `entertainment-based programs only.’
“The court verdict is a milestone in the on-going movement to establish right to free speech in the country,” said Shiva Gaule, vice president of the Federation of Nepalese Journalists (FNJ).
Save Independent Radio Movement (SIRM) hailed the SC decision. Nepal FM staff lit candles at the station premises on Wednesday welcoming the court verdict—which has come as a blow to the government.
The authorities were claiming that FM stations around the world did not broadcast news. There has been no comment from the officials regarding Wednesday’s court verdict.

SC entertains PIL questioning RCCC's constitutionality

Kathmandu, Aug 11 - The Supreme Court (SC) administration, has finally accepted a public interest litigation (PIL) questioning the constitutionality of the controversial Royal Commission for Corruption Control (RCCC).
The court administration had been rejecting writ petitions questioning the constitutionality of the RCCC, citing that the king's action couldn't be questioned in court. But Justice Min Bahadur Rayamajhi, last Monday, had ordered the court administration to entertain such writ petitions.
King Gyanendra had formed the panel through a royal decree under the emergency provision in the Constitution after he seized power on February 1. But the King retained the panel through an order even after he lifted emergency on April 29.
Advocate Santosh Kumar Mahato had filed the PIL Wednesday, arguing that the constitutionality of the panel ended from the date the emergency was lifted. He has further argued, that any order issued under the emergency provision of the Constitution becomes meaningless with the revocation of the emergency, and cannot be retained through a royal order issued under Article 127.

Special court demands Rs 7m bail from banker

Kathmandu, Aug 11: The Special Court (SC) Wednesday demanded a bail amount of Rs 7 million from the then manager at the Biratnagar Branch of Rastria Banijya Bank Radha Prasad Shah in connection to a corruption case.The Commission for the Investigation of the Abuse of the Authority (CIAA) had filed cases at the SC against Shah including Mangaturam Group on charges of misusing Rs 1.37 billion by issuing and taking loans illegally.Shah, who went at large when the commission filed a case against him has finally reported to the court, the sources said.

Court issues interim order in favour of Nepal FM

Kathmandu Aug 10-The Supreme Court on Wednesday has issued an interim order to the government not to expedite process to take action against Rainbow FM, a private sector FM station—that has been airing Nepal FM.
After preliminary hearings, a single bench comprising Justice Anup Raj Sharma ordered the government not to take action against the Rainbow FM until the final verdict is delivered.
The apex court was responding to a writ petition filed by Rainbow FM Pvt. Ltd. against a threat by the government to cancel its license.
In a letter sent to the FM last week, the Ministry of Information and Communications had sought clarification from the FM for airing news items over the radio by what it said 'violating the government's directives.' The Ministry warned that the license of the FM could be revoked for defying the government's orders.
The government had issued directives in February this year asking all the FM radio stations in the country to broadcast strictly "entertainment related programmes only."
This led the closure of news and current affairs based programmes in nearly four dozen private and community radio stations across the country rendering hundreds of radio journalists jobless.

CIAA catches NEA staff while demanding bribe

Kathmandu, Aug. 10- The Commission of the Investigation of the Abuse of Authority (CIAA) has caught red-handed Krishna Raj Sharma, an assistant administrative officer at Ratna Park branch of Nepal Electricity Authority while he was demanding a bribe of Rs. 25,000.Sharma was found demanding the bribe amount while Dilendra Maharjan, a resident of Thamel approached the office to change his damaged electric meter and he immediately informed the Commission about Sharma’s misconduct.Following the complaint of Maharjan, a team of the Commission immediately arrested Sharma.The Commission has been investigating into the case, the CIAA sources said.Similarly, CIAA Tuesday filed a case at the Special Court against the then official at Bharatpur Chitwan branch of Nepal Telecommunication Office Muktinath Sharma Neupane on charges of embezzling government revenue worth Rs. 9,93,968.The CIAA has found that Neupane misused the said amount in the fiscal year 2058/059/060, when he was working at the office. Neupane is at large since last year, a press statement of the CIAA has stated.

Govt Releases 6 Student Leaders after SC Order

Kathmandu, Aug 9-The government this evening released 6 student leaders after the Supreme Court ordered the government authorities in the afternoon to immediately release them. The student leaders were arrested on July 14 from a protest rally organized by the student unions against the nationalistic education.
The released leaders are; NSU leader Pradip Poudel, ANNFSU leader Thakur Gaire, FSU president of Tri-Chandra Campus Saroj Thapa and NSU activists Narayan Bahadur Bharati, Puspa Kumar Shahi and BP Regmi who were arrested from a rally at Baneshwor on July 14 on the charge of burning the portraits of the royal family.
They were later sent to central jail after they refused to submit Rs 500 bail fixed by the Kathmandu District Administration Office.

jail with out case

Kathmandu Aug 9- Supreme court has issued order to submit furnish reply on why illegal detain , within three days in the case, that was filed by Roshan karki in the behalf of Bishal khadka of Dholka jugo VDC, who was detain by government for seven years with out any case.
Justice Chandra prasad parajuli passed the order.
Khadka was detain by security force from Okhaldhunga ,when he was traveling to his relatives house seven years ago . last two years he is in central jail reports said .

DC chairman sworn in defying court order

Rajbiraj Aug9 - Defying an interim order issued by Rajbiraj Appellate Court on Monday, Ganga Prasad Yadav, the nominated chairman of the District Development Committee (DDC), Saptari, was sworn in here at a function Monday.
Responding to a writ petition filed by Tej Narayan Sipaliya Yadav of Joganiya-5, the single bench of Judge Deepak Raj Joshi had issued the interim order in the name of DDC and the District Court, among others, to stay the swearing in and appointment of Yadav until he cleared qualifications as mentioned in clause 181 and 182 of Local Self-governance Act 2002.
However, about 45 minutes after the issuance of the court order, Yadav was sworn in by the DDC. The writ petitioner had argued that a person convicted in a criminal case and who is yet to clear his punishments, is ineligible to hold public post. According to records at the Saptari District Court, Yadav was slapped 57 days' jail and Rs 1967 fine for different criminal cases.

Lawyers question king's constitutionality in court

Kathmandu, Aug 9 - An executive king is subject to criticism of any sort and cannot demand immunity from such criticism, lawyers argued here Monday in course of their pleading on behalf of student leader Gagan Kumar Thapa at the Special Court.
They also questioned the constitutionality of King Gyanendra as chairman of the Council of Ministers after the February One takeover.
"The king who is assuming the post unrecognized by the Constitution, should be ready to face any criticism of the people. It is natural to see slogans, protests against the king who is the head of the Council of Ministers," Nepal Bar Association president Shambhu Thapa argued before judges hearing the case of Gagan at the Special Court.
This is the first time a debate over the constitutionality of the king has been raised in a court of law in the country.
"It is the inborn right of people to chant slogans against an executive king. Gagan exercised his inborn rights by chanting slogans against an executive king. If he [the king] wants no criticism against him, he should remain a constitutional one and demand respect for his immunity," he said pleading Gagan's innocence.
Popular student leader Gagan has been in detention since July 26 on charge of sedition for chanting "objectionable slogans against the king" during a demonstration organized by civil society on July 24. The court extended his detention by five days today and ordered the authorities to reach a conclusion within the deadline whether a case should be filed against Gagan.
Another advocate Subash Nemwang argued in the same vein. "His Majesty, according to the Constitution of 1990, is an institution, not an executive. "The Constitution allows chanting of any slogan against the king who assumes the executive power of a prime minister."
Lawyers Sher Bahadur KC, Raju Katuwal and Pushpa Bhusal pleading on behalf of Gagan accused the authorities of lengthening investigation into the charge against the student leader. Their argument was that the authorities did not have any reason to protract the investigation. Government lawyer Ramesh Raj Pokhrel could not specify reasons behind his demand for extension of Gagan's judicial detention.

SC showcause to RCCC on case sub-judice

Kathmandu, Aug 9- The Supreme Court on Monday ordered the controversial Royal Commission for Corruption Control (RCCC) to furnish reply on why it
took up a case which is already being considered in the Supreme Court. Justice Min Bahadur Rayamajhi passed the order.
The RCCC had dealt with the alleged irregularities in the distribution of state funds to party cadres affected by the conflict last year, by the then Sher Bahadur Deuba government despite the fact that the case was being considered by the Supreme Court.
According to existing laws, a case, sub-judice, cannot be taken or discussed by an institution as to influence judgment on the case, and any such act is subject to contempt of court. But RCCC took up the case of allowance distribution and also gave its verdict,prompting advocate Madhav Basnet to file a contempt of court case against the royal "anti-graft" panel.
Meanwhile, the Supreme Court has ordered its administration to register writ petitions produced before the court questioning the constitutionality of the RCCC.
Till now the Supreme Court has been rejecting such writ petitions on the ground that the acts of the king cannot be questioned in court.
The anti-corruption panel was set up by the order of the king after he assumed absolute power in February this year.

Nepal FM moves SC against government order

Kathmandu Aug 9-Protesting a government’s order not to air news programs, Nepal FM 91.8 on Monday filed a writ petition at the Supreme Court (SC).
The writ petition filed by the FM’s managing director Bishnu Hari Dhakal has sought the apex court’s order to the government, to nullify the government’s order. Last week on Wednesday, the Ministry of Information and Communications had sent a letter to the FM station accusing it of ‘illegal’ news broadcast. It had, moreover, asked the FM why it shouldn’t be closed down.
Earlier, the government through a notice in the state-run Gorkhapatra had warned FM stations not to broadcast news or their licenses would be scrapped.
The hearing on the case is scheduled to start from Tuesday.

Remand Extended by 5 Days for Gagan Thapa

Kathmandu, Aug 8-The Special Court today extended the custody of Gagan Kumar Thapa, former general secretary of Nepal Students’ Union, for five more days.The court also ordered the government authorities to complete investigation within the five days. The court extended the custody by 5 days even as the police sought to extend it by 13 days for further investigation into the charges of crimes against the state on him.
Police arrested Thapa on July 27 on charges of crimes against the state for shouting anti-monarchy slogans during a pro-democracy rally organised by the civil society on July 25.
While the Special Court granted the extension of Thapa’s custody, irate students chanted anti-government slogans in front of the court. The irate students also blocked traffic at Babarmahal for a few minutes.This is the second time Thapa’s custody was extended. The court had permitted the police to keep Thapa in custody for five more days after the 7-day custody slapped on him on July 27 ended on August 3.

Petition against DDC official

Rajbiraj, Aug 7 - A writ petition has been filed at Rajbiraj Appellate Court, demanding imprisonment and fine for newly nominated vice-chairman of Saptari District Development Committee (DDC), Ganga Prasad Yadav, in accordance with different judgments of Saptari District Court in relation to different criminal cases.
According to the district court, Yadav has been slapped 57 days imprisonment and fined Rs 1967 in criminal cases.
Tej Narayan Sipaliya Yadav, a local, filed the writ petition Sunday.The writ petitioner has urged the court to pass an interim order, fearing that the convict would flee Rajbiraj on knowing of the fresh case against him.
He has sought from the court an order to the district court to implement its judgments in Yadav's case, so as to prevent him from taking oath of office and secrecy. Interestingly, the same judge of the same district court that slapped imprisonment and fine against him will be administering the oath.
He has further argued that a person convicted in a criminal case who has not cleared his punishments, is ineligible to hold a public post like that of a vice-chairman of the DDC.
The government had nominated Yadav as the vice-chairman last week.

Maternity not sole ground for citizenship

Kathmandu, August 7-The SC today ruled that citizenship certificate cannot be issued to anyone solely on the basis of his or her mother being a Nepali. The SC ruling was given on a petition filed by advocate Achyut Prasad Kharel. The bench had some months ago pronounced the verdict but the full text of the judgment was released today. “It would not be practical to provide citizenship to anyone without identifying his or her father,” the bench also added. “The drafters of the 1990 statute have kept a provision to provide citizenship on the grounds of someone’s father being a Nepali. So the bench cannot order the government to provide citizenship to any one on any other consideration,” the verdict said.

Wife of 'Jackal' may defend Sobhraj

Kathmandu, August 6-Charles Gurmukh Sobhraj could spend at least another ten years in jail unless the "life imprisonment" verdict by the Kathmandu District Court, upheld on Thursday by the Patan Appellate Court, is reversed by Nepal's Supreme Court.On August 12 2004, the court had sentenced him for life (20-year jail term) for the 1975 murder of American national Connie Jo Bronizch in Nepal.The previous September, police had picked up the French citizen from the five star Yak and Yeti hotel after he entered the country ostensibly to explore possibilities of doing business in pashmina shawls and mineral water.Sanjeev Ghimire, the lawyer defending the master criminal has now claimed he will move the Apex court following the ‘unexpected’ verdict.But sources say Sobhraj is none too happy with the defence’s efforts thus far and has appealed to his agent in Paris to engage the best legal aid available internationally, according to reports.More specifically, Sobhraj wants French attorney Isabelle Coutant-Peyre to defend his case.Coutant-Peyre has earned her reputation as an attorney by stretching the limits of her professional zeal so far as to first defend and then marry international terrorist Ilich Ramirez Sanchez, aka Carlos ‘The Jackal’.She has also been noted for championing lost, oftentimes dubious, causes and taking up unusual assignments such as the defence of Zacarias Moussaoui, a French national of Moroccan origin indicted for conspiracy in the Sept 11 attacks in the United States.The French attorney is by no means unfamiliar with the Sobhraj case. She had put in a brief appearance in Kathmandu last February as one among the four lawyers engaged in Sobhraj’s defence, but had to return to her country following frequent postponements in the hearings.The lawyer had also complained of a communication gap because of the use of local language in court proceedings and problems such as not being allowed by jail authorities to regularly meet with her client and an official disregard for the privilege of client lawyer confidentiality.These shortcomings, in her view, contravened the spirit of a fair trial and went against a 1991 international convention of which Nepal was a signatory.The lawyer, though not particularly happy with ground realities in the Himalayan kingdom, had promised to return to fight Sobhraj’s case at a later date.
Courtesy:the himalaytimes

SC show cause to govt on Press law

Kathmandu, Aug 6-The Supreme Court on Friday issued show cause notices to government authorities on its stance on the provisions of the Press and Publication Act, 1991, and the National Broadcasting Act, 1992. The government has imposed restrictions on the media through these two Acts. A single bench of Justice Ram Prasad Shrestha issued the order responding to a writ petition filed by journalist Narayan Dutta Kandel. He has challenged Section 15 (1) of the 1991 Act and Section 7 of the 1992 Act. The defendents in the case are the Cabinet Secretariat, Ministry of Law, Justice and Parliamentary Affairs, Ministry of Information and Communications and the Parliamentary Secretariat. The petitioner has requested the SC to annul the provisions since they are contradictory to the Constitution.

SC frees CIT men and debtor

Kathmandu, Aug6-Two officials of the Civil Investment Trust (CIT) and a debtor, who were serving jail terms on charges of corruption, were freed on bail after the Supreme Court said in a ruling on Wednesday that Royal Commission for Corruption Control (RCCC) had jailed them without fulfilling the necessary criteria. The RCCC had convicted Nandan Hari Sharma, executive director of the CIT, and a senior official of the CIT, Sushil Aryal, on July 22 for allocating a loan of Rs 4.96 crore to Nisha Thapa, the debtor, without completing necessary procedure.The RCCC had convicted Thapa for keeping her land at Putalisadak as collateral in three financial institutions, including the CIT, to build a supermarket in Putalisadak. Sharma had moved the apex court after the RCCC rejected his plea, in which he had appealed that he be freed on bail so that he can file an appeal at the court as a free person.Sharma, who has spent a month in jail, was freed on Friday after he deposited a bail amount of Rs 750, the amount for the remaining jail term. The three can now file plea against the RCCC verdict as free persons. The senior official of the CIT, Sushil Aryal, on whom the RCCC had slapped a month-long jail term for allocating loan to Nisha without carrying, was freed yesterday after submitting a bail amount of Rs 200. Nisha, who was also awarded a month-long jail term, was freed on Wednesday after depositing the bail amount of Rs 225 for the remaining jail term of nine days. A bench of justice Min Bahadur Rayamajhi said in a ruling on Wednesday that RCCC jailed them without completing necessary procedures.

Court okays a month’s custody to ex-CDO

Kathmandu, Aug. 6- The Special Court has permitted the Commission for Investigation of Abuse of Authority (CIAA) to keep the then Chief District Officer of Myagdi Gyan Prasad Bhattarai for a month in custody in connection with investigation into the alleged embezzlement of the insurance amount received by the family of a person who had died while working in the United Arab Emirates.Bhattarai is accused of embezzling the insurance amount worth Rs. 1.174 million meant for Laxmi, the widow of Amar Bahadur Chokhal. Meanwhile, hearing in connection with four separate cases of corruption involving the then Deputy General Manager of Nepal Bank Limited, Kathmandu Office Sher Bahadur Thapa and others is continuing at the Special Court.They have been accused of embezzling more than Rs. 520 million while issuing loan from the Bank. A total of 142 persons including the General Manager of Nepal Bank Limited.