Sobhraj’s Lawyer to Appeal to UNCHR

Kathmandu, August 5-Reacting to yesterday’s verdict by the Patan Appellate Court , French defence lawyerof alleged international serial killer Charles Gurumukh Sobhraj, Isabelle Countant Peyre, today said she was shocked to hear the news and she was intending to take the case to the UNCHR.Peyre said she would move the United Nations Committee for Human Rights challenging her client’s case. Peyre added that she would inform UN authorities of this “new violation of international agreements in judicial matters and fair trials by Nepal.” “I am also requesting the intervention of the French Government,” she added. “I am in a state of shock. It is intolerable that Nepalese judges had last year freed Mr Robinson, a drug lord who had been caught transporting large quantities of drugs,” she said.
The appeals court yesterday upheld the Kathmandu District Court’s last year’s verdict convicting the Sobhraj for killing an American citizen, Connie Jo Bronzich, in 1975 in Nepal and slapping a life term on him.In an email statement, Peyre said, “I am in a state of shock as I just came to know the verdict given by the judges from the Patan Appellate Court, who had kept on postponing for months the appeal procedures concerning Charles Sobhraj after his sentencing by the Kathmandu District Court last year.”“It is intolerable and absolutely shocking that the Nepalese judges, whose Court had last year freed Mr Robinson, a drug lord who had flagrantly been caught while transporting important quantities of drugs,” she added.
Peyre also added that she is intended to immediately take this case to the United Nations Committee for Human Rights and “inform the UN authorities of this new violation by Nepal of all international agreements in judicial matters and on the subject of fair trials.”

CDO of Myagdi arrested in Corruption

Kathmandu, Aug. 4: After an official vested with power from the Commission for Investigation of Abuse of Authority (CIAA) was found to have embezzled, the commission put him in custody.Gyan Prasad Bhattarai, chief district officer of Myagdi district, who had received full authority from CIAA was arrested in Kathmandu Thursday and sent to the Ward Police Office Singhadurbar. He was caught for having embezzled Rs. 600,000 from the insurance money intended for the family of a Nepalese youth who died in Dubai.CIAA said that the preliminary investigation had showed that Bhattarai had received Rs. 2,238,000 in insurance money but had kept Rs. 600,000 in his own account at a bank in Bhairahawa and had given the rest to the family.The commission said that it was also investigating claims that Bhattarai had misappropriated funds during the rebuilding of government buildings in the district destroyed by the terrorists. It is also investigating the accusations that Bhattarai had forged signatures and received pay without employing a Personal Assistant and a Chef as well as buying goods for the office and keeping them elsewhere.

Appeal Court of Lalitpur issues prohibitory order

Kathmandu, Aug.4: The Appeal Court of Lalitpur has issued prohibitory order to cassette producers and distributor restricting them to release, produce and distribute the cassette of songs without consent of singer Ram Thapa and other artistes.Earlier, the court had issued stay order for such restriction on Magh 10 and 15 last year till the time of court verdict. The court order yesterday had revived the stay order.Producer Santosh Subedi and distributor of Opal International had produced and distributed ‘Addiction’ remix song cassette without consent of 10 singers including Ram Thapa, Bharati Upadhayay, Tirth Kumari, Dhurbaraj Khadka, Purna Nepali.The benches of Justices Nanada Raj Adhikari and Durga Prasad Upreti issued the court order.Five singers had filed the case with the court against Music Nepal.This is the first court order regarding remixed songs.

life imprisonment to Charles Shobhraj

Kathmandu Aug 4-The Appellate Court of Lalitpur Thursday upheld last year’s Kathmandu District Court’s verdict of life imprisonment to notorious international criminal Charles Sobhraj Gurumukh convicting him of murdering two tourists in Nepal in 1975.
Convicting him in the murder of two foreign tourists in Kathmandu , the Kathmandu District Court (on August 12, 2004) had passed him a life imprisonment (20 years) sentence. The court had also ordered that all his property be confiscated.
A division bench of judges Krishna Prasad Shrestha and Atma Ram Bhattarai upheld the verdict saying the evidence used against him were right.
The court last year had established the claim of the police that Shobhraj who entered Nepal with another person’s passport, had murdered a Canadian and an American tourist back in 1975.

CJ appointment ‘unconstitutional’-Experts

Kathmandu, Aug 4-In the process of appointing the new CJ, Article 127 has come in handy once again. As per the constitution, the King with the recommendation of the Constitutional Council appoints the CJ. As per Article 117, the Prime Minister heads the Council, and the leader of the opposition in the House of Representative participates as a member. The King changed Article 117 invoking Article 127, and made the CJ the head of the Constitutional Council. The Council thus formed recommended Poudel as the new CJ, and the King appointed him. The constitutional experts are questioning whether invoking of an irrelevant Article could amend an Article of the same constitution. The amendment of an Article of the Constitution is considered as the amendment of the constitution, which can be done only by the two-thirds majority of the House of Representatives.
Legal experts including former Justice of the Supreme Court, Krishna Jung Rayamajhi, on Wednesday labelled the appointment of Chief Justice Dilip Kumar Paudel under Article 127 of the Constitution as unconstitutional.The experts’ reaction came after the Chief Justice Paudel himself claimed that neither his appointment was extra-onstitutional nor was it an amendment of the Constitution.
“It is absolutely against the spirit of the Constitution to appoint a Chief Justice by invoking Article 127,” said former judge Rayamajhi. “It was an unconstitutional assignment to the retired Chief Justice Hari Prasad Sharma to chair the meeting of the Constitutional Council. Properly, it was the purview of an elected PM,” he said.Rayamajhi was speaking at a programme on “Invocation of Article 127: Theory and Practice” organised by the Professional Skill Promotion Committee of Appellate Court Bar Association, Patan. He added that the invocation of Article 127 while sacking Sher Bahdur Deuba, appointing prime ministers and formation of the Royal Commission for Corruption Control was unconstitutional.
Law Minister of the interim government that drafted the 1990 Constitution, Nilambar Acharya, said that it was a fraud against the Constitution to invoke Article 127 while appointing a Chief Justice. He also said it was unconstitutional to use Article 127 without advice by the Prime Minister or by the cabinet.Former Law Minister, Subash Chandra Nembang, labelled the invocation as an amendment to the statute. Senior advocates Radheshyam Adhikary and Shreehari Aryal argued the King had invoked Article 127 against democracy and the spirit of the Constitution. “The use of Article 127 after October 4, 2004, is a taint,” they said.

Sobhraj banks on Indian court to bail him out

Kathmandu, Aug 3- With less than a day before he is freed or sentenced to further punishment him by a Nepalese court, Charles Sobhraj, one of the most wanted serial killers in the 1970s, is banking on Indian courts to bail him out.The 61-year-old French national, who was sentenced to 20 years in prison last year by a court here for the murder of an American backpacker three decades ago, is fighting the verdict.The court of appeals will hear the case Thursday and is expected to give its decision.Sobhraj, the son of an Indian tailor and Vietnamese shop girl, spent several years in India in the 70s where he was convicted and jailed for 21 years for manslaughter and robbery in New Delhi's upmarket Ashoka Hotel.However, Sobhraj's lawyers are now banking on a case heard by India's apex court in 1996 to persuade the judges to release him Thursday.The case goes back to the killing of a foreign tourist, Alan Jacob, in a hotel in Varanasi in India's Uttar Pradesh state in 1976.Three people, including a woman, and an Indian, visited Jacob, who had checked into Natraj Hotel in Varanasi, a major pilgrimage town. A bellboy at the hotel told police he was summoned to bring a glass of water.After the visitors left, Jacob was found dead in the room. Police arrested Sobhraj and charged him with the murder in 1982 when the manager of the hotel and the bellboy identified him as one of the three visitors.Police also brought in a handwriting expert who said the signature of one of the foreigners in the hotel's guest registration book resembled Sobhraj's handwriting.The Varanasi hotel case bears an uncanny resemblance to the Kathmandu killing.Nepal police say Sobhraj checked into Kathmandu's oldest luxury hotel Soaltee Crowne Plaza in December 1976, using the passport of a Dutch tourist he had murdered in Bangkok.He signed the guest register as Henricus Bintanja and the signature resembles the handwriting in his bona fide passport, police say. However, Sobhraj says he never came to Nepal before 2003, when he was arrested from a Kathmandu casino and charged with the three-decade-old murder.His lawyers are basing their argument on the Varansi murder in which India's Supreme Court said police did not have enough evidence to convict Sobhraj. The court said the handwriting expert's testimony had to be backed by other indisputable evidence.It also said since the Varanasi hotel manager and bellboy had seen the foreigners only for a moment, they could not be trusted to identify Sobhraj as being one of them six years later.The courts may be in different countries but the legal principles remain the same, Sobhraj's lawyers say.Sobhraj himself too considers the Indian courts to be fair, though he was convicted by one of them."In India, I got a fair trial," he said. "In Nepal, no one called the witnesses, no one allowed me to cross-examine them."
Courtesy:-Indo-Asian News Service

Decision copy lost from the file in RCCC ?

Kathmandu Aug 3- Decision copy of Melamchi Project has been lost from the file in Royal Commission for Corruption Control (RCCC) Kantipur Reports . Three pages of decision copy is missing told one officer of RCCC . Advocate Ram prasad Bandari told that defender could not make appeal because of RCCC . RCCC has not yet given the copy of the decision .Same as ,Advocate ishowari chandra sharma blamed that RCCC is trying to change the copy of decision.
Officer of RCCC, Prem Raj karki told that, decision copy should be with secretory or the member of RCCC. That is a technical reason .He told that no one has came to asked for the copy of the decision yet .

Gagan Thapa’s remand extended by 5 days

Kathmandu, Aug 3 - The Special Court Wednesday extended the police remand of student leader and former general secretary of Nepal Students Union, Gagan Thapa, by five more days.
Police took Thapa to the office of the government attorney to verify his statement recorded earlier before producing him at the Special Court at 11:00 a.m. today.
According to sources, the District Police Office, Kathmandu, wanted to extend Thapa’s remand by 15 more days to “continue” the investigation but Thapa’s lawyer argued that as the investigation had already completed, Thapa be released.
The full bench of the Special Court extended Thapa’s remand by 5 days.
The authorities are planning to file sedition charge against Thapa, accusing him of chanting anti-monarchy slogans. Amnesty International, has declared Thapa prisoner of conscience.

"constitusanal appointed" CJ brushes aside controversy


Kathmandu, Aug 2 - Newly appointed Chief Justice Dilip Kumar Poudel has defended his appointment as being constitutional, arguing that the constitution has not been amended to facilitate his appointment, as claimed by some constitutional experts.
Besides, he has also promised to give greater role to the Judicial Council to tackle corruption that has mired the judiciary.
"My appointment has been made as per the Constitution of Nepal. If anyone argues that it is an amendment in the constitution, can it be really amendment? Can the constitution be amended?", Poudel fumed.
His remarks have come at a time when constitutional experts are questioning the constitutionality of the process of his appointment. The king invoked Article 127 to decree that outgoing chief justice Hari Prasad Sharma call and head the Constitutional Council, an authority bestowed on a sitting prime minister by the constitution, that recommended the name of Poudel to the king. Lawyers argue that the royal executive decree amended the constitution by delegating the power of a sitting prime minister to the chief justice.
The King appointed him to the post on Saturday as per the recommendation of the CC. The king administered the oath of office and secrecy to Poudel at the Royal Palace Monday morning.
Replying to queries of journalists in his maiden press conference at his secretariat after he assumed the top judicial post, Monday afternoon, CJ Poudel stressed on implementation of the Five Year Strategic Plan of the Judiciary.
Asked about settling the review petition seeking restoration of the dissolved House of Representatives, he said that all cases would be heard in due process defined by the existing laws.
Poudel has assumed the post at a time when the independence of the judiciary is in question, especially due to delays in dealing with cases against the controversial Royal Commission for Corruption Control (RCCC), issues related to news ban on FM, mobile phone operation and contempt of court cases against vice-chairmen Dr Tulsi Giri and Kirti Nidhi Bista, and Home Minister Dan Bahadur Shahi.

"I respects SC"- Home minister

Kathmandu, Aug 2 - Home Minister Dan Bahadur Shahi has said that he has no intention of disrespecting the Supreme Court (SC) and has sought quashing of all the contempt of court cases against him.
Altogether six contempt of court cases, against Shahi, are pending in the court. Lawyers approached the court with contempt of court cases against Shahi at different times over the re-arrest of political detainees, in violation of the orders passed by the apex court to release them. Shahi also informed the court that he has ordered his office and other offices under the Home Ministry not to defy court orders and not to detain any citizen illegally.

Sobhraj filed petition Kathmandu, August 1- Charles Sobhraj Gurumukh, who is known as international serial killer today filed an application in the Patan Appellate Court requesting the court to allocate at least two days for hearing his case. He pleaded that as the one-day time the court had been allocating in the past hearings was insufficient for his lawyers to present their arguments. The court has heard the case for four times in the past and has not been able to deliver its verdict. The case is scheduled for hearing on Thursday for the fifth time. Sobhraj has appealed to the PAC against the one-year-old Kathmandu District Court verdict that slapped him life (20 years) term for on the charge of killing American national Connie Jo Bronzich in 1975. Sobhraj also forwarded his petition to the UN Human Rights Commission, Office of High Commissioner of Human Rights, Office of the Chief Justice of the Supreme Court of Nepal and the Ministry of Law, Justice and Parliamentary Affairs to draw their attention.

Case on Dissolved HoR Will Get Due Priority: CJ Kathmandu, August 1- The newly appointed Chief Justice, Dilip Kumar Paudel, today said he would give due importance to a pending case regarding the reinstatement of the dissolved House of Representatives. The much-talked-about review plea on the case is pending in the Supreme Court for the past three years. Talking to journalists at his chamber in the Supreme Court immediately after he was administered the oath of office by King Gyanendra, Paudel said: “The case would be scheduled for a hearing in a bench according to the law.” He, however, said he cannot give details. Paudel further said he would spend his time hearing cases rather than engaging in other administrative work. “Providing justice is the duty of the Chief Justice and, as such, I will give priority to the dispensation of justice,” he said. He also unveiled an 11-point action plan for his two-year-long tenure. Paudel said he would maintain discipline in the judiciary by making effective the Judicial Council and the Judicial Service Commission. “The Council will be effective in checking graft and irregularities in courts,” he said. According to him, the judiciary is still independent at a time when the country is facing a constitutional crisis. “People are questioning the judiciary without any basis,” he said. When asked about his appointment through ‘extra-constitutional measures’, he said it was just an allegation. “There has been no amendment in the Constitution as claimed by legal experts,” he said. He also said he would work towards implementing the first five-year strategic plan of the judiciary to reform courts. “And for this, I will work on implementing reports submitted by several committees.” He said special programmes would be introduced during his tenure to implement court verdicts. He further said a computer network would be established to modernise the judiciary.

Student leaders Sent to Central Jail; SC Show Cause to Govt Kathmandu, July 31-The six student leaders who were arrested on July 14 Under the Public Offence Act were today sent to Central jail at Tripureshwor after they refused to furnish the Rs 500 bail set by the Kathmandu District Administration Office (KDAO).Earlier today, the KDAO had fixed Rs 500 bail on Pradeep Poudel, vice-president of the Nepal Students' Union; Thakur Gaire, general secretary of All Nepal National Free Students Union; Saroj Thapa, chairman of Free Students Union, Tri-Chandra Multiple Campus; Narayan Bharati of NSU; BP Regmi of NSU unit of Baneshwor Campus and Pushpa Shahi, NSU Kailai district chairman.Meanwhile, the Supreme Court today issued show cause notices to the government authorities including the Home Ministry demanding the reasons for the student leaders' arrest.A single bench of justice Sharada Prasad Pundit issued the order responding to a habeas corpus petition filed by lawyer Buddhi Prasad Kharel representing the Nepal Bar Association. The bench also ordered the defendant-- The Home Ministry, the Police Headquarters, the Kathmandu District Police Office, the Kathmandu District Administration Office were arked to submit written replies within three days. Meanwhile, The Kathmandu District Government Attorney’s Office today started interrogating former general-secretary of the Nepal Students’ Union, Gagan Kumar Thapa, on the charge offence against state.According to an official, Thapa has been produced before the Attorney’s Office where he is being tried under the Offence Against State Act.He was arrested on Thursday for chanting “objectionable” slogans against the members of the royal family during a rally organized by civil society members last Monday. The Special Court had given authority to the police to detain him for seven days. Lawyers among Professionals to Hit Streets Kathmandu, July 31-The Confederation of Nepalese Professionals (CONEP) today announced programmes to protest the government’s latest decision to ban professional organisations.Professionals and workers associated with corporations and banks, including teachers, could join the movement waged against the latest instance of the government banning trade unions among civil servants.The decision was announced following an interaction in the capital today. The interaction session was addressed by representatives of the Nepal Bar Association (NBA) Tikaram Bhattarai, Nepal University Teachers Association (NUTA) General Secretary, Rameswor Upadhayay and Chairman of the Federation of Nepalese Journalists (FNJ) Bishnu Nisthuri among others.

Condolence to Nepalese constitution 1990 -Special editorial For the first time in the 15-year history of the constitutional practice, the constitution of the kingdom of Nepal 1990 has been effectively `amended' through executive order while appointing Chief Justice of the Supreme Court.The state-owned Radio Nepal in its 7 am news bulletin said that the king has, in accordance with the Article 127 of the Constitution, granted authority of a sitting prime minister to the chief justice. According to the amendment, the chief justice can now chair and call the meeting of the Constitutional Council (CC). If the Article 117 of the Constitution of Nepal 1990 is to be abide by, it is a sitting Prime minister who heads and calls the meeting of the CC. Now the authority of a sitting prime minister has been delegated to a chief justice, meaning amendment in the constitution through a royal executive decree. Article 117 reads thus : 117. Constitutional Council:(1) There shall be a Constitutional Council, for making recommendations in accordance with this Constitution for appointment of officials to Constitutional Bodies, which shall consist of the following as Chairman and members:(a) the Prime Minister Chairman;(b) the Chief Justice Member;© the Speaker of the House of Representatives Member;(d) the Chairman of the National Assembly Member; and(e) the Leader of the Oppositionin the House of Representatives Member. (2) For the purpose of recommendation of an appointment of the Chief Justice, the Constitutional Council shall include among its members the Minister of Justice and a Judge of the Supreme Court. (3) The functions, duties and powers of the Constitutional Council shall be as determined by this Constitution and other laws. (4) The Constitutional Council constituted pursuant to clause (1) shall have the power to regulate its working procedures on its own. Press Secretariat of His Majesty said Friday that His Majesty King Gyanendra has issued an order, as per Article 127 of the constitution, specifying Chief Justice to chair the meeting of Constitutional Council (CC) in order to recommend a person for the post of Chief Justice. Chief Justice is one of the members of the CC. The order had to be issued as His Majesty chairs the Council of Ministers and there is no Prime Minister in the country. Experts say this very situation has given rise to a 'grave constitutional crisis' as manifested in the appointment process of the Chief Justice of the country. Article 117 of the constitution has made provision of the Constitutional Council (CC), which is headed by Prime Minister. Other members of the CC include Chief Justice of the Supreme Court, Speaker of the House of Representatives, chairman of the National Assembly, leader of the main opposition in the House of Representatives and Minister for Law, Justice and Parliamentary Affairs. As positions of Prime Minister, chairman of the National Assembly and leader of the main opposition in the House of Representatives remain vacant, Speaker of the dissolved House Taranath Ranabhat and newly appointed Minister for Law, Justice and Parliamentary Affairs Niranjan Thapa took part in the meeting of the Constitutional Council Friday afternoon. Chief Justice Hari Prasad Sharma chaired the meeting a few hours before his tenure was due to expire. Nepal’s constitution cannot be amended? No it can be amended as provisioned in the Article 116:PART 19 AMENDMENT OF THE CONSTITUTION 116. Amendment of the Constitution:(1) A bill to amend or repeal any Article of this Constitution, without prejudicing the spirit of the Preamble of this Constitution, may be introduced in either House of Parliament:Provided that this Article shall not be subject to amendment. (2) If each House, with a two-thirds majority of its total membership attending, passes a Bill introduced pursuant to clause (1) by a majority of at least two-thirds of the members present, the Bill shall be submitted to His Majesty for assent; and His Majesty may, within thirty days from the date of submission, either grant assent to such Bill or send the Bill back for reconsideration with His message to the House where the Bill originated. (3) A Bill sent back by His Majesty pursuant to clause (2) above shall be reconsidered by both Houses of Parliament; and if both the Houses, upon following the procedures referred to in clause (2), resubmit the Bill in its original an amended form to His Majesty for assent, His Majesty shall grant assent to such Bill within thirty days of such submission. Experts say the act of `amending' the constitutional provision (in this case, the provision of Article 117) through an executive order is blatant violation of the letter and spirit of the present constitution. "Nowhere in the world can a constitutional provision be amended by invoking another Article of the same constitution," said exports. There is certain procedure to amend the constitution which must be fulfilled while amending the fundamental law of the land . Article 116 of the constitution of the kingdom of Nepal says, the constitution can be amended (except those described as non-amendable) by the two-third majority of the House of Representatives only. The House of Representatives remains dissolved for the last three years. For the first time in the 15-year history `amended' constitution through executive order while appointing Chief Justice of the Supreme Court, made the Constitution of Nepal totally dead .

Chief Justice appointed

Kathmandu july 30-His Majesty King Gyanendra has, upon the recommendation of the Constitutional Council, appointed seniormost Justice at the Supreme Court Dilip Kumar Poudel as Chief Justice of the apex court, an official announcement said.
On Friday, HM the King had specified outgoing CJ Hari Prasad Sharma to chair the meeting of CJ to recommend his successor generating fresh controversy. As per the constitution, Prime Minister heads the CC.
Commenting on the appointment, former Justice at the Supreme Court, Krishna Jung Rayamajhi, said the process of specifying CJ invoking article 127 of the constitution was not in conformity with the constitution. The outcome is right but the process is not, he added.
A graduate in law and post-graduate in political science, newly appointed CJ Dilip Kumar Poudel had joined the judicial service four decades ago. “He is one of the few judges in the judiciary who have never courted any kind of controversy,” commented Kantipur daily on Saturday.

CJ appointment controversy: Constitution 'amended' through executive order Kathmandu july 29-For the first time in the 15-year history of the constitutional practice, the constitution of the kingdom of Nepal 1990 has been effectively `amended' through executive order while appointing Chief Justice of the Supreme Court, experts said. A communiqué issued by the Press Secretariat of His Majesty said Friday that His Majesty King Gyanendra has issued an order, as per Article 127 of the constitution, specifying Chief Justice to chair the meeting of Constitutional Council (CC) in order to recommend a person for the post of Chief Justice. Chief Justice is one of the members of the CC. The order had to be issued as His Majesty chairs the Council of Ministers and there is no Prime Minister in the country. Experts say this very situation has given rise to a 'grave constitutional crisis' as manifested in the appointment process of the Chief Justice of the country. Article 117 of the constitution has made provision of the Constitutional Council (CC), which is headed by Prime Minister. Other members of the CC include Chief Justice of the Supreme Court, Speaker of the House of Representatives, chairman of the National Assembly, leader of the main opposition in the House of Representatives and Minister for Law, Justice and Parliamentary Affairs. As positions of Prime Minister, chairman of the National Assembly and leader of the main opposition in the House of Representatives remain vacant, Speaker of the dissolved House Taranath Ranabhat and newly appointed Minister for Law, Justice and Parliamentary Affairs Niranjan Thapa took part in the meeting of the Constitutional Council Friday afternoon. Chief Justice Hari Prasad Sharma chaired the meeting a few hours before his tenure was due to expire. Sources said the meeting of the CC has recommended the seniormost Justice at the apex court, Dilip Kumar Poudel, for the post of new Chief Justice of the country. Experts say the act of `amending' the constitutional provision (in this case, the provision of Article 117) through an executive order is blatant violation of the letter and spirit of the present constitution. "Nowhere in the world can a constitutional provision be amended by invoking another Article of the same constitution," said Bhimarjun Acharya, a constitutional lawyer. "There is certain procedure to amend the constitution which must be fulfilled while amending the fundamental law of the land," he added. Article 116 of the constitution of the kingdom of Nepal says, the constitution can be amended (except those described as non-amendable) by the two-third majority of the House of Representatives only. The House of Representatives remains dissolved for the last three years. "It's not possible to amend the constitution by the executive or through an executive order," Acharya told Nepalnews. In a landmark judgment in the much talked about Wadhwa vs State of Bihar case, the Supreme Court of India had said, "To change the provision of the constitution through an executive order and thereby violate its letter and spirit is fraud on the constitution." So, what could have been done when there is no functioning parliament and prime minister elected by the parliament? There could have been two options, says Acharya. "One, to go for national referendum (on who should be the new CJ, for example) as practiced by some developed, democratic countries which would be a costly initiative for a country like Nepal. The second option could be to apply `Doctrine of Necessity' to recommend the seniormost Justice of the Supreme Court as the new CJ by the existing members of the CC (without changing its composition as prescribed by the constitution)," he opined. Experts warn that amending a constitutional provision through an executive order could set bad precedent for the constitutional and democratic process in the country. One of the main responsibilities of the Constitutional Council is to recommend chief official of the constitutional bodies including Public Service Commission, Commission for the Investigation of Abuse of Authority, Auditor General, Attorney General and the Election Commission. The act of 'amending' the constitutionally prescribed provision of the Constitutional Council through an executive order could compromise the independence and neutrality of the existing constitutional bodies, experts warned. Courtesy:nepalnews.com

4 convicted by RCCC at large

Kathmandu, July 29 - Four of the six people convicted by the Royal Commission for Corruption Control (RCCC) on July 26 for "misappropriation" of funds in the adit access road construction contract of the Melamchi Water Supply Project are at large. The police has not been able to trace them even after receiving written orders to arrest them and hand them over to the commission.
Former secretary, Tika Dutta Niraula, former chief of the Melamchi project; Dhruba Bahadur Shrestha, former deputy executive director of the project; Dipak Kumar Jha; and one of the contractors of the Melamchi adit access road, Jeep Chiring Lama, have gone incommunicado after the RCCC passed the "guilty" verdict on July 26.
Niraula's daughter, Lena Chapagain, said, "We have no information about his whereabouts. He has been out of contact since Tuesday (July 26) afternoon." Similarly, Kalpana Jha, wife of Dipak Kumar Jha, said, "He left on Tuesday afternoon saying that he was going to the commission to hear the verdict. He didn't return home and has been out of contact since."
Courtesy:Kathmandu post

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Good bye CJ Sharma in political way After the controversial in retirement date ,Chief Justice Hari Prasad Sharma's will retire on July 29 is today . In Nijamati Kitabkhana (Civil Personnel Records) data, he had to retired on July 19 , but he did not accept that . Chief Justice (CJ) Hari Prasad Sharma With Chief Justice (CJ) Hari Prasad Sharma retiring today, King Gyanendra has called on him to chair a meeting of the constitutional council Friday to make recommendations for the appointment of the new CJ. According to state run Radio Nepal, it was stated in a notice issued by the Press Secretariat of His Majesty the King Friday. Chief Justice Hari parsad Sharma became contovercial , addressing a conference of the justices of Asia and the Pacific region held on March 20-24 in Australia, had defended the February 1 royal move and disparaged the political parties. He had also urged the international community not to criticize the royal move and support Nepal. Chief Justice Hari Prasad Sharma in his address ,said His Majesty the King took the 1 February initiative to teach political parties a lesson.Chief Justice Sharma also told a programme His Majesty enforced direct rule because the rule of political parties went beyond the rule of law. The chief justice found himself in hot water over those comments, as he was accused of making a “political speech,” something he as the chief justice should not have done. He was also accused of failing to preserve the independence of the judiciary and violating the code of conduct of judges. "When CJ start to give speech as a political person then what will be the left" all critices . He forget The 19-point code of conduct of judges endorsed by the Supreme Court, the apex policy-making body of the judiciary, considers it unethical for justices to speak publicly on political issues said most lawyers . Obviously when the Chief Justice of the apex court says something with a political connotation, it surely affects the very independence of the Judiciary.Chief Justice is the highly respected post and people regard the holder of that post no less than as the God. Court is the last resort for people if they couldn't get justice from executives and legislative. Judges give their finest verdicts, even in adverse situation, which sometime can be against powerful state. After holding the top post of the judiciary for seven months, CJ Sharma is retiring from his post owing to age. The age limit for chief justices is 65. Good bye CJ sharma in political way.

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Paudel set to put on Chief Justice’s gown Kathmandu, July 28-With Chief Justice Hari Prasad Shrama set to retire tomorrow, and the government saying the process to appoint his successor has begun, speculation is rife whether the next CJ will be appointed under article 127 or under 87(4). Article 87 (5) of the Constitution states that the Chief Justice or any other judge of the Supreme Court shall hold office until he attains the age of 65. After Sharma’s retirement, seniormost justice of the Supreme Court, Dilip Kumar Paudel, will head the judiciary either as (Photo courtesy: legal news from nepal) acting Chief Justice or as CJ appointed under Article 127 of the Constitution by the King. Aricle 127 comes into play because the Constitutional Council failed to recommend to the King any name for appointment as CJ. Minister of Law, Justice and Parliamentary Affairs, Niranjan Kumar Thapa, told that the process has begun to appoint the next CJ.Thapa, however, did not say whether an acting Chief Justice or a full-fledged Chief Justice would be appointed. “I can’t disclose it, but we have already started the process to appoint the next Chief Justice or an Acting Chief Justice in the country,” Thapa said. A source, however, said Justice Paudel would be an Acting Chief Justice as per the Article 87(4) of the Constitution if the King does not invoke Article 127 to appoint the next Chief Justice. The Constitutional Council failed to name a successor to Shrama or even to hold a meeting because currently the country does not have a prime minister. The prime minister is the chairman of the Constitutional Council.

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Compensation from the state after four years Kathmandu july 28-Chief District Officer Niranjan Baral handed over a cheque of Rs fifty thousand to Amar Narayan Loniya of Devgaun VDC-1 whose left ankle had been displaced following torture in police custody around five years back. (Photo courtesy: CVICT Nepal) Loniya, 30, was arrested on charges of holding a counterfeit citizenship certificate and was put behind the bars for almost a month and tortured. Following his release, Nawalparasi district chapter of the Centre for Victims of Torture (CVICT) had lodged a case at the District Court. According to CVICT, the court issued a verdict asking the government to provide compensation to Loniya and to initiate departmental action against perpetrators in June, 2001. In response, the police filed a case at Appellate Court in Butwal. However, the Appellate Court also ruled in Loniya's favor in December 2003. But, the battle was not over yet. Supported by CVICT, Loniya had to lobby at the Home and Finance ministries and the local administration for months before he actually received the compensation. According to CVICT, of 107 cases filed by it across the country for torture compensation, 68 cases have been settled so far. Of them, court has ruled in favour of 20 victims only. Loniya is the only torture victim to have been compensated by the state so far. Compensation Against Torture Act, passed by the parliament in 1996, makes it mandatory for the state to compensate victims of torture and initiate departmental action against the perpetrator. Nepal is a signatory to the UN Convention Against Torture, 1975, and the country’s constitution also bars use of torture for any purpose. But rights groups say incidences of torture as a means to punish the opponents have skyrocketed in the country since the launching of the Maoist ‘people’s war’ more than nine years ago. Of late, people have been facing difficulties to report incidences of torture and seek medical, legal and psycho-social counseling, they say.

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Who will be next Chief Justice ? Kathmandu, July28- After the controversial in retirement date ,Chief Justice Hari Prasad Sharma's will retire on July 29 is tomorrow . In Nijamati Kitabkhana (Civil Personnel Records) data, he had to retired on July 19 , but he did not accept that . Speaker Tara Nath Ranabhat has categorically said that there is no alternative other than to appoint an acting chief justice after Chief Justice (CJ), Hari Prasad Sharma's, term ends on July 29.The recommendation of the Constitutional Council (CC) is required for the king while appointing a new chief justice. However, in the absence of the prime minister, who heads the Constitutional Council, no such recommendation can be made.When asked about the possibility of invoking Article 127 to appoint the new CJ, he said, "That option is not available till Article 87 (4) of the Constitution remains active." Confusion still prevails over how to appoint next chief justice, Minister for Law, Justice and Parliamentary Affairs Niranjan Kumar Thapa said."There is no clear-cut way for appointing next Chief Justice," Thapa told . The Constitutional Council (CC) has hit a virtual deadlock with the Speaker of the House of Representatives refusing to attend a CC meeting to recommend a name for the next chief justice (CJ) citing the absence of a sitting prime minister, who constitutionally chairs the meeting. According to sources, Speaker Taranath Ranabhat has rejected the government's suggestion that the CJ could chair the CC in the absence of a prime minister. To allow the CJ to chair the CC, the government had suggested invoking either Article 127 of the constitution or preparing working procedure of the CC under Article 117 (3) and (4). According to sources, the Speaker has rejected both options, terming them unconstitutional but suggested appointing an acting chief justice. Constitutionally, the recommendation of the CC is necessary for the king while appointing a CJ. The top judicial post becomes vacant on July 29 when the CJ Hari Prasad Sharma, retires on grounds of age.The CC is deadlocked due to the Speaker's stance; hence, the CC meeting has not been called as of Tuesday. The government's Chief Secretary, Dr Bimal Koirala, who is supposed to call the meeting of the CC after "consultation with prime minister", also confirmed that the CC meeting has not yet been called.Government sources said that the Speaker's stance has heightened the possibility of the king invoking Article 127 to give authority to the incumbent chief justice to call and head the CC meeting to recommend a name. There is still question arising who will be the next Chief Justice.

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