Nepal Army hosts dinner for Chief Justice

The Legal Department of the Nepali Army (NA) on wednesday organised a dinner at the Army headquarters in honour of newly-appointed Chief Justice Kedar Prasad Giri.All justices of the apex court, Attorney-General Yagya Murti Banjade, high-ranking officials of the SC, lawmakers, including Speaker Subas Chandra Nembang, and high-profile lawyersattended the dinner.This is the first time that the NA has hosted such a dinner in honour of a newly-appointed CJ.“We do not see any ulterior motive behind this party,” justice Bala Ram KC told after attending the dinner.“We have been attending parties organised by various embassies and we do not feel that attending such parties is against the judges’ code of conduct.”“Since the apex court is to hear appeal of the military court, the legal department of the NAfelt the need to organise the party,” another high-ranking official of the SC said.Former general secretary of the Nepal Bar Association and legal adviser to the CPN UML, Agni Kharel, objected to the CJ’s presence at the welcome party.“What factors made the army to welcome the CJ?”He said, “Several cases, in which the army is the defendant, have been pending in the SC, and the Chief of Army Staff General Rookmangud Katawal has been facing a case relating to his alleged fake birth date in certificates.”A former justice of the Supreme Court Krishna Jung Rayamajhi expressed surprise over the CJ’s presence in a welcome party organised by the NA.Rayamajhi, who probed into the loss of life and properties during the Jana-Andolan-II, said,“The CJ must maintain the highest level of impartiality. He should not be present at welcome parties organised by any executive wing of the state.”Rayamajhi, however, said the CJ can attend public functions organised by the civil society and lawyers’ organisations.However, a high-ranking official of the SC said that the NA may have felt the need to organise the party because, following the promulgation of the Military Act, the military court has come under the purview of the Supreme Court.

Ananta Raj Luitel @ himalayatimes

Three European heads of governments write letter to Nepal PM urging prompt solution on adoption row
Prime Ministers of three European countries have written a letter to Prime Minister Girija Prasad Koirala urging him to find a prompt solution on blocked adoption of children on humanitarian grounds
The letter by the Prime Minister of France François FILLON, Prime Minister of Italy Romano PRODI and Prime Minister of Spain Jose-Luis ZAPATERO was handed over to PM Koirala by the ambassador of France to Nepal on November 7.
"This high level initiative (was) made by France on behalf of these three countries in order to draw the attention of the Nepalese authorities, especially the prime minister on the difficult and dramatic situation of 340 families of these countries whose adoption files are blocked since March 2007," states a press release issued by the French embassy in Kathmandu.
The files on inter-country adoption were blocked after the government decided to bring out new laws to govern the adoption of children following lobbies by rights organisations.
"Respecting Nepal's effort on bringing a new law on adoption, the three European heads of government have wished
for humanitarian reasons that a prompt solution be found in order that the families whose adoption files are on process
before March 2007 could have their applications finalised as soon as possible," states the press release.

No improvement in HR situation: NHRC
National Human Rights Commission (NHRC) on Tuesday said there has been no remarkable achievement in human rights situation in the country even after the signing of the Comprehensive Peace Accord (CPA) between the government and Maoists on 22 November 2006.
Making public the report on the Status of Human Rights under CPA, the NHRC said the law and order situation could not improve as expected due to the tarai movement, Maoist high-handedness and security force's reluctance to step in.
"Incidents of robbery and other criminal activities are increasing, but the police administration has not been able to arrest and bring the guilty to book," said NHRC. The report further said Maoists and tarai based agitating groups have attacked various police stations and beaten up and mistreated government staff.
Expressing serious concern over the deteriorating security situation in the tarai, NHRC said the human rights situation became vulnerable and fragile due to continued killings, abductions, arson and vandalism by Madhesi People's Rights Forum (MPRF), JTMM (Goit and Jwala Singh) factions, Madhesi Mukti Tigers Group, Tarai Cobra, Madhesi Tigers, Tarai Bagi and other armed groups including Chure Bhawar Pradesh Ekata Samaj demanding federal autonomy in Tarai region, and due to the other agitations in eastern and central Tarai.
"Acts of killings and abductions from Maoists has decreased a bit but human rights situation could not improve due to atrocities and acts of abductions, beatings, property seizure and donation campaigns being carried out in some places by the Maoist sister organization, Young Communist League (YCL)," the report said.
NHRC had collected information via various sources through monitoring and investigation in 37 districts of the country.
NHRC revealed that at least 115 persons were killed in various incidents including the Kapilvastu and Gaur carnage during this period.
According to NHRC, 30 persons were killed during Gaur incident, 11 persons by JTMM (Jwala Singh), 9 persons by JTMM (Goit), 5 persons by Maoists, 16 persons by unidentified groups and 5 persons by other parties.
NHRC also received information about the killing of 10 persons by Nepal Army and Police. The report also revealed that 15 persons were killed and over 47 people injured in stray bomb explosions. Similarly, the killing of 14 persons was verified in the Kapilvastu incident.
NHRC received a total of 726 complaints related to human rights violations through its various offices during this period. The highest number of complaints - 141- were related to abduction/disappearance, 140 complaints were related to torture and mistreatment and 102 were related to killings.
Expressing deep concern over the continued attack and threat against media persons, NHRC said the administration seems reluctant to take action against the guilty even after identification .
The bomb attack on a vehicle carrying media people and incidents of attacks and threats against human rights workers have increased insecurity among human rights defenders and media society, the report said.

Aryal says House proposals were anti-constitutional
A senior constitutional expert has deplored the passage of what he called as 'anti-constitutional proposals' by the parliament.
Talking to Kantipur Television, Laxman Aryal – the chief of the drafting committee, which drafted the Interim Constitution of Nepal, 2007 and former judge of Supreme Court – said, "The proposals are against the constitution. Such proposals should not have been brought into the parliament. If they wanted to change something in the constitution, they could have brought constitutional amendment proposal."
"I see the parliament did an anarchic thing (by allowing such proposal," he said, adding that it devalued the stature of the House.
Aryal said that the proposals would add political complications and make the election uncertain.

SC shelves Sobhraj case verdict

The Supreme Court on sundayput off the pronouncement of judgment on an appeal filed by suspected international serial killer Charles Gurumukh Sobhraj against a lower court’s decision to convict him on the charge of killing an American national, Connie Jo Bronzich.According to spokesperson for the Supreme Court Til Prasad Shrestha, the pronouncement has been postponed because Justice Anup Raj Sharma, whohas been looking into the case, has gone to inspect several courts, including the Patan Appellate Court, Special Court, the Administrative Court and the Revenue Tribunal.Judges of the Supreme Court inspect these courts annually.A division bench of justices comprising Sharma and Top Bahadur Magar were scheduled to pronounce the verdict today.The bench has been considering Charles Sobhraj’s appeal against the conviction on the alleged killing of Bronzich and a separate appeal filed by the government challenging the lower court’s decision to issue clean chit to Sobhraj on a case relating to the possession of a fake passport while entering Nepal in 1975.Sobhraj is also likely to face another trial in the Bhaktapur District Court on a case related to the alleged killing of Canadian national Laurent Armond Carriare.The Carriere murder case has been pending in the Bhaktapur District Court for 32 years.

Cabinet decides to formulate strict law on abduction
A meeting of the council of ministers held at the PMO in Singha Durbar Monday morning decided to formulate law on abduction, with provisions that will empower the government to take stern against individuals involved in kidnappings.
The initiation comes amidst growing protest over lack of concern from the government in the abduction of journalist Birendra Shah of Bara, allegedly by the Maoists a month ago.
Similarly, the cabinet also approved all the agreements reached with the ethnic groups in the past and decided to forward the drafts to concerned authorities for implementation.
Ministers said after the meeting that the government was also going to give holidays to all ethnic and religious groups in their festivals considering the fact that Nepal is a secular nation.

Court sends five accused in Dhiraj murder case to judicial custody
Lalitpur District court on Sunday passed a verdict to send five persons accused of kidnapping and subsequently killing an eight year old boy Dhiraj Adhikari a month ago to jail for judicial detention.
Those sent to Nakkhu jail for judicial custody, include Nabin Shrestha (21), his elder brother Raj Kumar Shrestha (23) of Sainbu-8, Tika Ram Shresta (23) who used to work as a bouncer at Liza club in Sundhara, Bhoj Kumar Lama, driver of the cab that carried the boy's dead body, and Raju Lama from Tika Bhairav of Lalitpur district. On October 8, Dhiraj, an eight year old boy who studied in class two at Sahid Dharma Bhakta School, Sainbu, was brutally killed by his abductors.

The passed proposals do not have constitutional meaning, say legal experts
Legal and constitutional experts have said that the proposals on public importance passed by the parliament, Sunday, on republic and proportional representation system do not have legal/constitutional meaning.
"They may have certain political meaning. But I fail to see their constitutional significance. For those proposals to have any legal weight, there has to be the constitutional amendment," Lalit Bahadur Basnet, a constitutional lawyer, told . And for any constitutional amendment to be approved, it needs two-third majority, which is not possible without the support of Nepali Congress.
Likewise, another constitutional lawyer Bhimarjun Acharya also told media that the proposals as political resolutions do not have legal force.

Maoists abduct Rukum court employees
Maoists in Rukum district have abducted two court staffers, the Supreme Court administration said on Sunday.
According to a Supreme Court statement, court staff Sashi Ram Bista and Khadka Bahadur Khadka were abducted from Kholagaun area of the district while they were on duty. They were there to implement a court verdict.
The Supreme Court has condemned the abduction and has demanded that Maoists release Bista and Khadka immediately.
Similarly, Nepal Judiciary Employees Concern
Committee has also condemned Maoists for the abduction and asked civil society, human rights activists and the government to take initiative for their release.

NHRC urges government to defend human rights
Citing the human rights situation in the country, Chief of National Human Rights Commission (NHRC), Kedar Nath Upadhaya and other officials on Sunday submitted a memorandum to Prime Minister Girija Prasad Koirala at his official residence in Baluwatar.
Demanding that the concerned parties be responsible in defending and preserving human rights as per the Comprehensive Peace Accord signed by the government and Maoists, NHRC stressed immediate action over its recommendations said an NHRC statement.
Stating that human rights defenders have been facing security intervention, and the government is failing to maintain the security situation, NHRC requested the PM in the statement to ensure people's fundamental rights to live and be involved in their profession.
Admitting that preservation of human rights is a pillar of peace, security and development in the country, NHRC further demanded that the government to give priority in this regard, said the NHRC in its memorandum.
Besides this, the NHRC chief also urged the government to help the commission work in the human rights sector as a free, sovereign and impartial institution under the Paris Principle, added the NHRC statement.
During an interaction with NHRC officials, the PM gave his commitment to help the commission in every respect from the government's side.

Petition on state restructuring quashed

The Supreme Court on Sunday quashed a writ petition that sought formation of a commission for state restructuring, without holding even an initial hearing. As the petition was presented for an initial hearing Sunday, Chief Justice Kedar Prasad Giri quashed the petition without hearing pleading of lawyers, according to Chandra Kanta Gyawali, who filed the petition.
'While quashing the petition, he told us that we should go to the parliament and the prime minister with a large group demanding formation of a commission," Gyawali said.
Besides Gyawali, advocates Dinesh Tripathi and Hari Phuyal were present before the bench to plead on behalf of the petitioner "But none of us were allowed to plead," Tripathi said, "Instead, CJ told us not to bring such issues before the court."

Special Court jurisdiction in for review: CJ

Chief Justice Kedar Prasad Giri said that the Special Court’s jurisdiction will be reviewed soon.“We will do it as soon as possible,” Giri told reporters after a programme where he launched NJA Law Journal published by Nepal Judicial Academy. He added that the judicial leadership is working on making justice accessible to the common people.Senior Justice Min Bahadur Rayamajhi said that they have been concentrating on appointing impartial judges as there is an impression that the members of the Judicial Council have been bringing their near and dear ones for the post of judges.“We are worried on how toremove the impression,” Rayamajhi added. He also called lawyers and journalists to work together with the judgesPresident of Supreme Court Bar Association Prakash Raut called for opposing the parliamentary hearing of Chief Justice and Supreme Court judges’ appointment as it is a ruse to humiliate the judiciary

NHRC not to back plea for amnesty:Upadhyaya

Chairman of the National Human Rights Commission (NHRC) Kedar Nath Upadhyaya said that the rights body cannot support the demand for general amnesty by the inmates who have been agitating in several jails.“I cannot take any stance in favour of their general amnesty,” Upadhyaya, who is also a former Chief Justice, said. “They have been serving sentences after being convicted in criminal charges,” he added.Upadhyaya was addressing a press conference organised by NHRC to make public its investigation report on the abduction of journalist Birendra Shah by Maoist cadres. The rights body suggested the government to implement the recommendations made by the High-Level Prison Reform Commission.The commission headed by member of parliament Ram Bahadur Gurung has recommended the government to reform prisons and give pardon to those who have completed 75 per cent of their terms and who have significantly improved their behaviour.

Home Minister Krishna Prasad Sitaula had recently told the parliament that the government will implement the report and it has been gathering details on the inmates who can be pardoned.Upadhyaya said the government should take an appropriate decision on this regard.“We want to see that the government raised the amount given to the jailinmates for their daily accommodation and health care and gave attention to their human rights,” the chairman of the NHRC further said.“NHRC cannot stand in favour or against giving general amnesty to the inmates, as they have been serving sentences in criminal charges,” he said, adding, “It is a political matter whether or not to grant a general amnesty to them.”Upadhyaya called on the government to provide transportation costs to the inmates while producing them to courts and returning them to jails. He said the NHRC wants the conditions in jails improved.

4 serial blasts accused are sent to jail

Citing the available evidence proved their involvement in the two-month-old serial blasts in the Valley, the Kathmandu District Court today sent four blasts accused to jail.A single bench of judge Narayan Prasad Dahal sent them to jail in order to proceed the criminal charges against them following today’s initial hearing. Jagat Narayan Sharma, Sanjeev Sah, Upendra Sah, and Ram Lakhan Sharma were sent to jail.The bench held that since their involvement have initially been established, the cases should be proceed further keeping the accused in jail as per the Clause 118 (2) of Court Management chapter of Muluki Ain 1963.Two students of the Vishwo Niketan School — Anisha KC and Sandhya Khadka — were killed in the blast at Tripureshwor and ten people were hurt at Sundhara.The bench also demanded Rs 20,000 bail in connection with their involvement in the blasts. The accused have been facing two separate charges of killing the students and planting bombs in the public places.Other accused — Raj Narayan Thakur Sharma, Ramakanta Thakur, Ajaya Kumar Shahani, Dhuran Thakuar and Pashindar Kumar Baitha alias Phuchhe —are evading arrest. Main conspirators Kaushal Shahani, Jagat Sah, Babban Singh, and Ram Priya alias Ram Bhagat Shahani are also at large.Seeking their imprisonment to proceed the cases further, government attorney Yam Bahadur Baniya pleaded on behalf of the government and a group of lawyers, including Bijaya Kumar Singh, defended the blasts accused.Seeking life term to 14 accused, the Office of the Kathmandu District Government Attorney had lodged cases in the court on Sunday. The prosecutor charged them of committing the crimes prohibited under the Section 13 (3) and 15 of the Murder Chapter of 1963 Ain and Clause 4 (1) and 10 (1) of the Act Relating to Explosive Means 1961.If convicted, the accused will face 20-year life term as per the Section 13 (3) 1963 Ain for killing, and 2-year jail sentence or Rs 20,000 fine or both for being involved in the blasts as per the Clause 10 (1) of the 1961 Act.

@Himalayan News Service

Sobhraj’s lawyer slams Nepal Police

Paris-based lawyer of suspected international serial killer Charles Gurumukh Sobhraj has accused the Nepal Police of pressuring judiciary to continue Sobhraj’s jail life here.The lawyer, Isabelle Coutant Peyre, said: “Not satisfied with having illegally kept Sobhraj incarcerated for over four years on the basis of poorly falsified documents, the Nepal Police is attempting to exert more pressure on the judiciary.”She heavily came down on SSP of the Kathmandu Metropolitan Police and Chief of the Crime Branch Upendra Kanta Aryal for commenting on another trial, relating to the murder of a Canadian national, Laurent Armond Carriere, facing Sobhraj.Aryal had told that the trial on the pending case will start once the Supreme Court issues its verdict in connection with the murder of American national Connie Jo Bronzich on November 4.Sobhraj’s lawyer said in a press release: “Sobhraj has not been involved in Carrière’s death, a case he had never even been considered a suspect in by the Bhaktapur District Court which is the original jurisdiction, no more that he has been with that of Connie Jo Bronzich’s in Nepal in 1975, 32 years ago.”

OHCHR hails decision to institute quotas in police agencies
The Office of the High Commissioner for Human Rights in Nepal (OHCHR-Nepal) has welcomed the decision last week of a cabinet meeting to allocate quotas for women and members of marginalised groups - Janajatis/Adivasis, Madheshis, Dalits and people from backward areas – in vacant posts in Nepal Police and Armed Police Force (APF).
“The police forces’ adoption of quotas for filling vacant posts can serve as an example to all civil services of the steps they can take in order to make their recruiting processes inclusive,” a release issued by the OHCHR said.
OHCHR also remained that it had long been urging the police forces – and other government institutions – to take steps to make their workforces more inclusive. In March 2007, the Office had written to the APF asking for a breakdown of its personnel belonging to marginalised groups, following violent incidents that starkly highlighted the lack of inclusiveness in police forces.
"During riots in Nepalgunj in December 2006, the Nepal Police was accused of acting partially. The issue resurfaced again in the January and February 2007 Madheshi Andolan in Terai districts. The recent violence in some Western Terai districts again stresses the need for such inclusive hiring measures."
OHCHR, however, expressed disappointment over the appointments in 28 secretary-level posts last week because only three persons from marginalised groups got chances.
“OHCHR-Nepal suggests that the quotas announced last week be applied across the ranks of the police forces, ensuring representation of women and marginalized groups in the officer ranks. It also urges the NP and APF to take a further step and adopt an inclusive hiring policy for all future recruitment,” the statement read.
“Making provisions to include historically marginalized groups in the police forces and other civil services will signal that the commitment to inclusion made by political leaders is indeed genuine. It will also address some current demands of these groups, thus strengthening the peace process as it moves toward Constituent Assembly elections,” said Richard Bennett, Representative of the UN High Commissioner for Human Rights in Nepal.

Cases filed at SC, NHRC during Dashain

A number of cases have been filed at the Supreme Court (SC) and the National Human Rights Commission (NHRC) during the Dashain. Two habeas corpus writs were lodged at the Supreme Court during the Dashain holidays.
Even hearings were conducted on separate writs seeking release of Pradip Kumar Pakhrin and Pragyan Shumshere Rana.
Pakhrin has been released following an order issued by a single bench of justice Gauri Dhakal.
However, justice Dhakal has quashed the writ seeking release of Rana, who has been arrested on charge of fraud.
Similarly, three complaints were registered at the NHRC during the Dashain holidays. The complaints pertain to weaknesses of the police administration.
The NHRC has also monitored the situation of the inmates who are on a hunger strike at the Dillibazaar central jail.
The inmates are demanding general amnesty.
Both the SC and the NHRC remain open throughout the festival.

tea party in CJ's residence

Chief Justice Kedar Prasad Giri has called on judges and court staffers to enhance the image of the judiciary by delivering justice promptly.“We judges and officials have to keep people’s faith towards the judiciary. We must be above any kind of suspicion,” Giri said. The Chief Justice was addressing his colleagues at a tea party organised at his official residence in Baluwatar on Wednesday to exchange Dashain greetings.Giri also urged the public office holders to be more responsible and accountable to the people. “Otherwise, people can question the judiciary as a whole,” Giri added. “I hope we will be able to promote justice and live up to people’s expectations,” he added.The Chief Justice also stressed the need to ensure justice for all. Justices of various courts, ministers and high-ranking judicial officials attended the tea party.

Half of SC verdicts awaiting execution


A Supreme Court (SC) figure shows that over 50 per cent verdicts of the apex court on policy-related issues are waiting execution for the past 10 years.
The SC figure shows that around 150 important directives were issued after the promulgation of the 1990 Constitution, but just a few have been implemented.
Twelve years after the issuance of an order by the apex court, the parliament promulgated the Right to Information Act 2007.
Among others, eight-year-old directives to prevent road construction on the banks of the Bagmati river; and execute Social Behaviour Reform Act 1976 are awaiting implementation.
A figure of the Monitoring Division of the SC states that over 150 directives were issued after 1990; but the execution level is extremely low. It had issued around 100 directives, 30 PIL directives and 27 non-PIL directives in a number of issues related to policy reform. The SC record shows that out of 150 directives issued during the period, 20 were implemented, 25 were not implemented and 26 are in the process of implementation.The fate of other directives are unknown. Ten PIL directives were implemented, three were not implemented, while 17 are in the process of implementation.
Among 27 non-PIL directives, nine were implemented, three have not been implemented, while 14 directives are in the process of implementation.
Three years ago, the apex court had directed the Attorney-General to make procedure to compensate to road victims easy. The government is yet to follow the court order.“We found that several orders were not implemented,” chief of the Monitoring Division of the SC, Shreekanta Baral, told.
Four years ago, the SC had directed the government four year ago to promulgate an Act criminalise sexual harassment after conducting a study. The government is yet to implement the verdict.
Attorney-General Yagya Murti Banjade said it will take time to execute several SC directives because the “government has to draft policies and promulgate relevant Acts.”“In some cases, the court had issued orders to several agencies at the same time, making it difficult to implement these orders.”

Ananta Raj Luitel@ himalayatimes

SC quashes petition

The Supreme Court quashed a habeas corpus petition against the Metropolitan Police Range (MPR), Hanumandhoka, filed demanding the release of Pragyan SJB Rana who has been detained on the charge of cheating people.A single bench of Justice Gauri Dhakal quashed the petition stating that Rana’s detention does not need apex court’s intervention. Demanding the apex court’s order against the MPR, Hanumandhoka, and chief of MPR, Maharajgunj, Bikash Raj Khanal, and District Government Lawyers’ Office, Kathmandu, two petitions were lodged seeking the release of Rana and Pradip Kumar Pakhrin.Rana’s son Pradipta and Pakhrin’s relative Dipak Tamang had lodged the petitions seeking the apex court’s intervention. The duo were held on the charge of cheating people. However, Pakhrin was freed after the petitions were lodged.