Alleged murderers walk free as no case filed
Four alleged murderers, against whom police was preparing to file case, walked free Wednesday after office of the District Attorney here did not file a case at the court ekantipur reports.
According to police, the four alleged-- Shushila Shrestha, Dipak Kumar Poudel, Saroj Nepal and Binod Neupane-- of Bharatupur Municipality-11, had reportedly murdered one Padam Kumari Shrestha of Tanahu district nearly two months ago. They had already confessed to police that they had collaborated in the murder of Padam Kumari and thrown the body in the river.
"However, as we have to follow the legal process, we were compelled to release the alleged culprits," said Police Inspector Prakash Malla.
The main accused-- Sarashwoti Timalsena of the same place-- is however, still at large. Timalsena, along with the four had attempted abortion on Padam Kumari. But after the victim lost her life, they chose to dump the body in the river and maintained a tight lip over the incident.
District Attorney Purna Prasad Bastola maintained that police had asked time for "additional investigation".

SC stays civil servants recruitment
The Supreme Court on Tuesday ordered the Civil Service Commission (CSC) not to proceed with any fresh recruitment into government service until the provision on automatic promotions is implemented.
The Supreme Court order follows the CSC's recent announcement of new vacancies in the government bureaucracy. The order issued by Justices Bal Ram KC and Pawan Kumar Ojha affects thousands of aspiring candidates and also the CSC's annual calendar.
Staying the recent vacancy announcements by the CSC, the Supreme Court cited the Civil Service Act 2007 and said that automatic promotions in the civil service should precede any fresh recruitment.
The provision on automatic promotion says that no vacancy will be called until eligible government employees are promoted. The provision was controversial even before the Civil Service Act was passed last July.
Today's court order was in response to a writ petition filed by a number of civil servants moving the courts to stop the CSC from making any new appointments in the civil service.
The CSC has not been able to recruit for the civil service since the last two years due to delay in enactment of the Civil Service Act. It began the appointment process after parliament passed the Act in July.

SC order on holiday plea

Responding to a writ petition, which was filed seeking the declaration of major Muslim festivals as public holidays and the formation of a Muslim Promotion Commission, the Supreme Court issued show cause notices to the Prime Minister’s Office and the Cabinet, Speaker Subas Nembang and the Home Ministry.The bench has given the authorities 15 days to respond to the demand of the writ petitioner.A single bench of justice Gauri Dhakal issued the order. An advocate, Nur Mohammad, had filed the writ yesterday seeking an order to the government to respect rights of the Muslim community.

Cases backlog leaves NHRC confused
Newly appointed commissioners at the National Human Rights Commission (NHRC) are scrambling to settle a backlog of some 8,700 cases.
Considering the growing number of cases and their nature, the commissioners are busy arranging them according to priority.
"We need to first arrange the cases according to similarity of nature and priority so that they can be resolved quickly," said Gauri Pradhan, one of the commissioners.
Another commissioner, who requested to remain unnamed, said they feel they are in a quagmire and are trying to figure out where to start. "We feel that NHRC has a stash of problems, ranging from administrative to legal," he said.
NHRC has settled 1,350 cases and issued recommendations on 149 since it was established in 2000. However, the rate of implementation of the recommendations is quite dismal.
The government has acted upon only 53 of the total number of recommendations made by the Commission.
Among the body of cases, the Commission is now concentrating its attention on those concerning exhumation of the bodies of those killed during the decade-long armed conflict.
The Commission has received complaints concerning the exhumation of seven bodies - two by the Maoists and five by security forces.
Yagya Raj Adhikari, coordinator of the Protection Division at the Commission, said, "We are now collecting similar cases from our regional offices across the country. Once we have all the complaints concerning exhumation of the dead, we will go into action."
He, however, refused to give details of such exhumation-related cases for security reasons and said the Commission is looking for exhumation experts. "The European Union has assured us it will provide exhumation experts. And the process of receiving this assistance will see movement soon," he said.
Commission to introduce new strategic plan
Commissioner Pradhan said the Commission is planning to introduce a new strategic plan for the next two years. "Since the previous strategy plan comes to an end in 2008, we are now working to introduce a strategy plan for 2008 to 2010," he said.
He said the new strategic plan will include Commission activities on socio-economic issues. "We will aggressively introduce policies to address the issues of Dalits, indigenous people, women and other deprived communities with a focus on inclusiveness," he said.
Another ambitious plan the NHRC wants to unfold is on collaboration with all the commissions, such as the Dalit Commission and the Women's Commission among others.
Lack of new law another obstacle
Commissioner Pradhan said the Interim Constitution-2007 has included NHRC as a constitutional body. However, it is still functioning under the 1997 Human Rights Act. "We need a separate law now that the Commission has become a constitutional body," he said.
He also said NHRC has already formulated a draft bill and forwarded it to the government for endorsement through the winter session of the Interim Parliament.

BY GHANASHYAM OJHA @ kathmandupost

Help improve judicial system : CJ
Chief Justice Kedar Prasad Giri on Monday sought the help of lawyers for improving the country's justice system.
"We know that the justice system is expensive and slow, so why is there no action to address it," the Chief Justice asked, " Bar and bench should work together in this regard."
Speaking at a program organized by Supreme Court Bar Association (SCBA) to honor him, Giri further asked lawyers for their help to make the justice system speedy and inexpensive.
"The Bar has an important role to play for independence of the judiciary," he said, "I will hold discussion with the Bar while appointing judges and awarding senior advocate titles to lawyers."
On the occasion, former Nepal Bar Association
(NBA) President Shambhu Thapa urged the newly-appointed Chief Justice to act boldly. "I also asked you to settle the charges against you," Thapa said.
Expressing his concern over what he called breach of constitution by seven parties in their activities, SCBA President Prakash Raut cautioned the Chief Justice that cases relating to violations may come to the court. "You (the Chief Justice) will be tested at that time. You should play an unprecedented role then," Raut said.
Similarly, NBA General Secretary Ram Kumar Shrestha expressed NBA's concern over growing security threat to lawyers in recent days. "There is no situation for lawyers to carry out their profession fearlessly. Lawyers have been threatened at their homes in recent days," Shrestha said.

Writ petition filed

Freedom Forum Sunday has filed a writ petition at the Supreme Court seeking order to declare null and void the Clause 4 (1) of the Crime and Punishment Act against the State- 2046 arguing the Clause contravenes with the provision of the Interim Constitution 2063.The provision of the Act prohibits dragging issues related to monarchy and its family to public and for public discussion and publishing materials related to the king and royal family, a press statement issued by the Forum said.

SC order on Bibek case

The Supreme Court upheld an order of the Kathmandu District Court (KDC) to detain an accused in the Bibek Luitel murder case, Sakhina Manandhar alias Sabina, to proceed the casefurther.A division bench of justices Min Bahadur Rayamajhi and Pawan Kumar Ojha issued an order to this effect following a hearing. Fearing reprisals from cadres of the Young Communist League, not a single lawyer defended Sabina in the court.All the accused, including Sakhina, have been kept in jail awaiting a court decision. The KDC had jailed them to proceed the Bibek murder case under Section 118 of the Court Management Chapter of the Civil Code, 1963.The KDC had remanded judicial custody to other accused in the case, Bhikhari Khan, Okil Ansari, Pappu Mandal and Pateni Palten Lama.

CIAA opens Lapsiphedi land case

The Commission for the Investigation of Abuse of Authority (CIAA) has begun looking into a case against the Nepal Wildlife Development Company Pvt Ltd.“We are looking into the case,” said Bishwaraj Dhakal, an under-secretary at the CIAA. However, he refused to reveal the details, citing sensitivity of the case. “We have begun collecting information.”Demanding that the company return their land, people of ward number 3 and 8 of Lapsiphedi VDC had moved the CIAA against the company on June 11. The same day, THT had run a story about illegal operation of the company and its owner Belize national Kent Bruce Crane.The company was registered at the Company Registrar’s Office and the Department of Industry with the objective of promoting “eco-tourism and hospitality business through the establishment of a golf course and a luxury resort in 1993”.However, the company did not go into operation. “We want our land back. The company should honour the agreement it had struck with the villagers if it wants to begin operation,” said Krishna Bahadur Gurung, a local.He claimed that the company had not even informed the locals while leasing their land. The VDC also did not seek opinion from the land-owners before issuing permission to the company to use the land. A pact was struck between the company and the villagers after the latter protested. The company had agreed to provide Rs 15,000 annually to a village committee comprising the affected land-owners.

NBA condemns threats against legal professionals

Nepal Bar Association (NBA), the umbrella organisation of lawyers in the country, has denounced the threats of physical attack on legal professionals by the Maoist-affiliated trade union. Saying that hotel workers affiliated to Maoist trade union issued threats to advocates Jyoti Baniya and Ramchandra Simkhada for filing a writ petition at the Supreme Court against the 10 percent ‘service charge’ levied by hotels and restaurants, NBA has expressed serious concern over the Maoist trade union’s activities against the advocates. “NBA warns of protest if professional lawyers are threatened while carrying out their profession in future,” NBA President Bishwo Kanta Mainali said in a statement Thursday On Thursday, the union workers had staged a protest rally against the lawsuit and advocate Baniya. They had also vandalised the offices of Baniya and Simkhada for filing the lawsuit. Meanwhile, the Supreme Court on Thursday brought the controversy to an end by quashing the public interest litigation questioning the charge on the ground of consumers’ rights, deciding to allow hotels to collect the 10 percent service charge.

CIAA boasts of high success rate
The Commission for Investigation of Abuse of Authority (CIAA) has said that in the last one year, it attained a high degree of success in its cases filed at courts of law.
The chief commissioner of the top anti-graft body, Lalit Bahadur Limbu, said, "We have attained over 80 percent of success."
Limbu made the disclosure after submitting the annual report (2063/64 or 2006/07) of the CIAA to the Prime Minister on Friday.
The CIAA chief urged the government to help it adopt modern technologies in corruption investigations and has also requested for enlargement of its role.
After receiving the report, Prime Minister Girija Prasad Koirala assured to implement its suggestions.
The report compiles the year-long activities and decisions of the CIAA.
In the last year, the CIAA had filed 115 cases of corruption. The report adds that during the period, the CIAA recovered Rs 40.7 million imposed as fines against corruption-convicted persons and has deposited the same as government revenue.
The report adds that the commission received 3564 complaints during the period, of which it initiated investigations in 2976 cases.

Nude children on air: The rights question

A scene of a soap opera Bhagya Aa Aafno aired by Nepal Television has seven-year-old Saugat Bohara being bathed nude on screen by his parents.This is against the children's Act and also the international convention to show a child nude on or off screen, said Siru (single name) of CWIN.�Even with good intentions children should not be portrayed nude visually or on documentation even if that is meant to give a positive message to others," said advocate Upendra Keshari Neupane.This showed soaps or teledramas often knowingly or unknowingly breach child rights and legal framework connected to the international convention on child rights. Saughat Bohora, 7, who said he is shy to take a bath nude in front of his parents felt utterly uncomfortable while doing the shot. But the makers of the teleserial demanded that the shot be taken without him wearing undergarments.Director of the serial Ramesh Koirala confessing his mistake told The Rising Nepal that he did not have any idea about child rights and child abuse.�If I had known all these things I would not have made this mistake," he said and added my legal advisor did not say anything regarding this matter,"But legal advisor Khagendra Bohara said the boy is his son and they had tried to put undergarment on him but it was not available at the spot. �There was no ill intention in presenting the boy in the nude," Bohara said.He, however, said it was the duty of Nepal Television which aired the teledrama to censor the scenes and make appropriate for viewing as our team had send the serials to Nepal Television several months ago before it was aired.Jaya Singh Shah Manager of Production Department at Nepal Television, however refuted Bohora's claims. He said that this matter is not related to his department. �It is not our concern whether the soaps have been censored according to legal frameworks," he said.He further said that there is a telefilm censor committee formed by different individuals. �It is their job to censor the serials and submit them to Nepal Television for airing."According to Clause 16 of the Children's Act 2048, pictures or visual portraying the children nude degrades their morality. It has also mentioned any visual, photograph or even sketches related to child pornography is child abuse and is against child rights and is a crime, said Neupane.While the Child Right Convention 1989 has been built on varied legal systems and cultural traditions, the Convention is a universally agreed set of non-negotiable standards and obligations. It sets out these rights in 54 Articles and two Optional Protocols. It spells out the basic human rights that children everywhere have are the right to survive; to develop to the fullest; to have protection from harmful influences, abuse and exploitation; and to participate fully in family, cultural and social life.The four core principles of the Convention are: non-discrimination; devotion to the best interests of the child; the right to life, survival and development; and respect for the views of the child.As Nepal has also ratified the convention, it should follow CRC in all its activities and manifestations that also includes the films, said Neupane.

By Eliza Rana @ risingnepal

Can’t fix poll date, says SC

The Supreme Court said that the court cannot direct the government to hold the elections to the Constituent Assembly (CA) Citing that the provision is maintained under the responsibility and accountability of the state, a single bench of Justice Kalyan Shrestha issued the order.“Holding the elections on a specific date is more a moral question rather than legal one and the state is accountable on it,”the bench said, upholding the decision of the Registrar of the Supreme Court who had refused to register a petition by M S Thapa, chairman of Samabesi Morcha.“The court cannot intervene in such issues because it is not a justiciable issue.”

Service charge to go on: SC
The Supreme Court on Thursday settled the long-standing controversy surrounding the 10 percent service charge being levied in hotels, deciding to allow hotels to collect the charge.
The court brought the controversy to an end by quashing a public interest litigation questioning the charge on the ground of consumers' rights. Consumer rights activist and advocate Jyoti Baniya had filed the petition.
Justices Tap Bahadur Magar and Pawan Kumar Ojha, while quashing the petition said, "The levying of service charge does not violate consumers' right."
In the meantime, hotel workers affiliated to Maoist trade union staged a protest rally against the lawsuit and advocate Baniya. They also vandalized Baniya's and and another advocate Ram Chandra Simkhada's offices for the lawsuit, according to Baniya and Simkhada.
Nepal Bar Association (NBA) has expressed concern over the Maoist trade union's activities against the advocates. "NBA warns of protests if professional lawyers are threatened while carrying out their profession in future," NBA President Bishwa Kanth Mainali said while condemning the trade union.

SC stays NAC’s Boeing repair deal

The Supreme Court issued a stay order to Nepal Airlines Corporation (NAC) to stop the process of repairing and overhauling its Boeing 757 by a Chinese company, Ameco, Beijing.A division bench of justices Anup Raj Sharma and Sharada Prasad Pundit issued the order, saying that the decision taken by NAC Managing Director and approved later by the NAC board of directors cannot be justified.Invoking the prerogative of the MD under Clause 66 of the Public Procurement Act 2063, MD Gautam Das Shrestha had decided to award the repair and overhaul work to the Chinese company.“Since the decision could not justify the invocation of the prerogative powers of the Managing Director, the process should be put on hold,” the bench said. Given the seriousness of the case, the bench, however, has put the case on priority list for final hearing.Seeking apex court’s intervention to scrap the Rs 40 crore deal between NAC and the Ameco, advocate Nanda Prasad Adhikary had filed a Public Interest Litigation (PIL) in the SC.The petitioner also sought an SC order to the CIAA to investigate into the controversial decision. The Ministry of Culture, Tourism and Civil Aviation, MD Shrestha, the NAC, the CIAA and the Chinese company are the defendants in the petition.The advocate said the NAC decision violated the Financial Administration Regulation and other financial laws related to procurement. He claimed that the NAC violated the norms and prevented many competent companies from bidding for the repair and overhaul of the Boeing.

Lawyers with notary nod can now attest public documents

Attorney-General Yagya Murti Banjade said that the authority to authenticate and attest public documents has been given to lawyers having licences of notary public.“The authority was shifted to lawyers yesterday,” Banjade, who is the ex-officio chairman of the Notary Public Council Nepal (NPCN), told journalists. “Now the government officials will not exercise the authority to authenticate and attest any public document,” he added.Before this, gazetted officials used to exercise the authority. The concept of notary public was introduced in the country after the promulgation of the Notary Public Act 2007. A lawyer with the licence of notary public will authenticate public documents like personal licences, passports, citizenship certificates and court documents and also translate them.Yesterday, the NPCN issued licences to over 200 lawyers. The Kathmandu District Court Judge Narayan Prasad Dahal administered the oath of office to them. Other lawyers will get the licences within a few weeks, as 854 lawyers are found to be eligible to exercise the power. A lawyer having seven years of work experience can exercise the authority of notary public.According to the NPCN, 1695 lawyers had submitted forms seeking licences, but 1,377 were found to be eligible to exercise the authority.

SC Game for Healthy Criticism of Judges

Healthy criticism of judges is allowed, the Supreme Court on Thursday said in the full text of a judgement pronounced eleven months ago."The power of contempt of court cannot be exercised against anyone if the person is found to have spoken or publicised truth or commented in a fair manner. It will be a case of misuse of this power if it is exercised against anyone for speaking the truth," the judgment states.A division bench of justices Bala Ram KC and Ram Kumar Prasad Shah interpreted the power of contempt of court, quashing a contempt of court case, which was filed against the publisher of Himal Media, Kanak Mani Dixit, editor Rajendra Dahal and cartoonist Rabin Sayami four years ago.Opposing the publication of a cartoon in the Himal fortnightly, which had portrayed the Chief Justice as a monkey, a Kathmandu resident, Santosh Bhattarai, had moved the court.The bench, however, stated that the court can initiate strong action against the person if the latter is found to have tried to scandalise the court with an ulterior motive.The Interim Constitution has taken the court as a trustee of the people, the bench observed, adding, "Scandalising of the judiciary can be prevented through the contempt of court power.""Administrative action of the judges can be questioned, but action cannot be initiated against any judges on that ground alone," the judgment said. The bench also said that discussions on personal matters of any judges or their administrative decisions cannot be taken as the contempt of court.In addition, the bench observed that criticism of the Constitutional Council cannot be taken as a contempt of court charge just because the Chief Justice (CJ) is a member of the council."If anyone scandalises action of the CJ or any judges while they are performing their judicial duties and thus tries to question the credibility of the judiciary, such an action can be taken as a contemptuous action," the bench observed. @himayatimes

Credit Bureau Can Blacklist Loan Defaulters: SC

The Supreme Court stated on Thursday that the Credit Information Bureau (CIB) has the authority to black-list any businessman or group if the latter does not pay back the loan taken from any financial institution.A three-member full bench of justices Min Bahadur Rayamajhi, Bala Ram KC and Kalyan Shrestha issued the verdict.Quashing a Public Interest Litigation (PIL) filed by advocate Ishwor Prasad Adhikary, the bench upheld the CIB's authority.The petitioner had sought the court order to the authorities, including Nepal Rastra Bank, the government and the Ministry of Finance not to give the CIB the authority to blacklist defaulters.The petitioner had claimed that the Nepal Rastra Bank Act 2058 BS does not permit anyone to black-list anyone or any group.

SC to monitor military court

Supreme Court Justice Anup Raj Sharma said today that the apex court judges would regularly observe and monitor the military court like other public courts. “As the military court has come under the jurisdiction of the Supreme Court we will regularly observe and monitor it,” Justice Sharma told .Yesterday, all the apex court judges participated in a dinner hosted by the Nepal Army in honour of Kedar Prasad Giri, who was appointed Chief Justice of the country.“We accepted their invite since the military court is now under SC,” Sharma added.Justice Sharma recently visited the lower courts in Kathmandu valley — Patan Appellate Court, the Special Court, the Administrative Court and the Kathmandu Revenue Tribunal — to observe lower courts’ decisions, an exercise carried out annually.Brig Gen BA Kumar Sharma, who is the Chief of the Legal Division of Nepal Army, added that the army would welcome the apex court judges for the monitoring the military court.“They will observe and direct us about the military court decisions,” he said, adding: “Now even a common man can watch the military court proceedings.”

EU urges Nepal govt to accede to Rome Statute
The European Union has urged the Nepal government to ratify the Rome Statute of the International Criminal Court (ICC) as early as possible.
Representatives of the EU in Nepal met with foreign secretary Gyan Chandra Acharya on Thursday as part of encouraging the government to ratify the Rome Statute.
“EU fully supports the ICC which was established in 2002 to prosecute individuals for genocide, crimes against humanity, and war crimes. The EU is committed to working with international partners to prevent such crimes and putting an end to impunity,” a statement issued by the British Embassy, which holds the EU presidency, said.
“The EU urges the Government to now make final arrangements to accede to the Rome Statute as soon as possible,” Paul Bute, Chargé d’Affairs of the British Embassy, speaking on behalf of the EU, said.
The EU has welcomed the unanimous vote of Nepal's Parliament to urge the government to accede to the International Criminal Court.
The National Coalition for the International Criminal Court (NCICC), the joint forum 106 human rights groups in Nepal, had earlier called on the government to accede to this founding treaty of the International Criminal Court (ICC).
105 countries have already joined the ICC, which is the first permanent international court capable of trying individuals accused of crimes against humanity, war crimes and genocide.
Currently, only seven Asian countries - Afghanistan, Cambodia, Mongolia, Republic of Korea, Japan, Timor-Leste, and Tajikistan- are state parties to the ICC. In contrast, the majority of states in Africa, Europe, Latin America and the Caribbean have joined the ICC.

Govt brings amendment in Police Regulations

The government has made the 12th amendment to Nepal Police Regulations, 2049 BS, making provision of reservation for women and marginalized groups while recruiting police personnel through open competition.
The amendment, set to come into effect this week has also authorized the Police Chief to transfer police officials up to the rank of Superintendent of Police, a move that Home Ministry officials claim will help make the concerned district unit chiefs accountable and ensure effective law and order in the country.
Earlier, the police chief could transfer officials up to the level of Inspector while the Home Ministry could reshuffle senior level police officers.
As per the amendment, all police constables and followers will be recruited through open competition, while only 50 percent vacancies of Assistant Sub Inspectors (ASI) and Police Inspectors will be filled through this process.
The amended police regulation has made provision for 32 percent reservation for indigenous nationalities, 28 percent for Madhesis and 20 percent for women candidates in recruitment through open competition. Likewise, it has ensured 15 percent reservation for Dalits and 5 percent for those hailing from backward regions.
The backward regions, as stated in the amended regulation, include Accham, Kalikot, Jajarkot, Jumla, Dolpa, Bajhang, Bajura, Mugu and Humla districts.
The changes come in line with agreements reached between the government and various agitating groups including Nepal Federation of Indigenous Nationalities (NEFIN) and Madhesi People's Rights Forum (MPRF) in the recent past.
In terms of accountability and efficiency in the police force, the amended provision allowing the Police Chief to transfer up to Superintendent Level police officers is the most important.
Officials at the Home Ministry said the provision was brought in as per demand made by Police Headquarters. "This will help realize the concept of right man in the right place," claimed an official.
Senior police officials at Nepal Police Headquarters said there was a trend among district in-charges not to cooperate fully in times of need due to the existing provision. The newly introduced provision will enable the police chief to call back such officials and depute someone else to maintain effective law and order, said officials.
Currently, Superintendent of Police (SP) level officers act as chief of various 28 tarai districts including Kathmandu, Lalitpur, Bhaktapur and Kaski while Deputy Superintendent of Police (DSP) level officers head the remaining districts in the country.
As per the regulation, Deputy Inspector General (DIG) is authorized to transfer police officials up to inspector level in his region. With the implementation of this amendment, the government can now transfer only 80 senior officials in the total 53,557 police force. This includes 55 Senior Superintendent of Police (SSP), 19 Deputy Inspector Generals (DIGs), and 6 Additional Inspector Generals (AIGs).

KOSH RAJ KOIRALA @ kantipur