CA court scraps case against Bhandari’s victory
The Constituent Assembly (CA) court Tuesday upheld the CA elections result of Mahottari district constituency-6.
The court verdict armoured the victory of Madhesi People’s Rights Forum (MPRF) candidate Sarad Singh Bhandari from the constituency.
The CA court scrapped the petition filed against Bhandari saying that the case should have been filed before the final election results.
Nepali Congress and CPN-Maoist, among other parties’ candidates, filed a joint petition claiming that there was vote rigging.
The CA court, prior to taking the decision, ordered the plaintiffs to furnish extra proofs.
Bhandari had won the election under first-past-the post system garnering 6862 votes, which was just 21 more than his nearest rival, NC candidate Sitaram Bhandari.
Wednesday, July 16, 2008
CIAA Indicts Three ex- Ministers
The Commission for the Investigation of Abuse of Authority today recommended the government to recover millions of rupees that ex-ministers Kamal Thapa, Tanka Dhakal and Shrish SJB Rana had misused from the state treasury while suppressing the Jana Andolan II.The CIAA's recommendation comes after a study of the two-year-old Ramayajhi Commission report by the anti-graft body.The CIAA report, however, has kept mum on the involvement of chairman of the then cabinet former king Gyanendra and two vice-chairmen Dr Tulsi Giri and Kirtinidhi Bista in the misuse of state treasury.The CIAA said cabinet had decided on February 8, 2007, not to take any action against former king Gyanendra, Dr Giri and Bista.The CIAA also said the then government had formulated a policy and working regulation under Article 41 of the 1990 Constitution, which was beyond the jurisdication of the CIAA.The CIAA has told the Prime Minister's Office and Cabinet to recover Rs 9,718,020 from Kamal Thapa, Rs 708,500 from Tanka Dhakal and Rs 3,618,500 from Shrish SJB Rana."We found them guilty of misusing the state treasury," Lalit Bahadur Limbu, acting chief of CIAA told this daily. "The misuse was an instance of misconduct, and not corruption. We did not see any ground to prosecute them on corruption charges. We have recommended the government to recover the amount from them," Limbu added."They misused their authority by drawing and distributing the money in violation of the CIAA Act 1991," he added.
-Ananta Raj Luitel
The Commission for the Investigation of Abuse of Authority today recommended the government to recover millions of rupees that ex-ministers Kamal Thapa, Tanka Dhakal and Shrish SJB Rana had misused from the state treasury while suppressing the Jana Andolan II.The CIAA's recommendation comes after a study of the two-year-old Ramayajhi Commission report by the anti-graft body.The CIAA report, however, has kept mum on the involvement of chairman of the then cabinet former king Gyanendra and two vice-chairmen Dr Tulsi Giri and Kirtinidhi Bista in the misuse of state treasury.The CIAA said cabinet had decided on February 8, 2007, not to take any action against former king Gyanendra, Dr Giri and Bista.The CIAA also said the then government had formulated a policy and working regulation under Article 41 of the 1990 Constitution, which was beyond the jurisdication of the CIAA.The CIAA has told the Prime Minister's Office and Cabinet to recover Rs 9,718,020 from Kamal Thapa, Rs 708,500 from Tanka Dhakal and Rs 3,618,500 from Shrish SJB Rana."We found them guilty of misusing the state treasury," Lalit Bahadur Limbu, acting chief of CIAA told this daily. "The misuse was an instance of misconduct, and not corruption. We did not see any ground to prosecute them on corruption charges. We have recommended the government to recover the amount from them," Limbu added."They misused their authority by drawing and distributing the money in violation of the CIAA Act 1991," he added.
-Ananta Raj Luitel
Monday, May 26, 2008
Lawyer cremated
The final rites of advocate Jagadish Acharya were performed at the Pashupati Aryaghat on Sunday.Some 300 lawyers participated in the funeral procession.The cadres of Janatantrik Tarai Mukti Morcha (Jwala Singh) had shot at Acharya on Friday at Kalaiya of Bara and he was undergoing treatment in Tribhuvan University Teaching Hospital in Kathmandu, where he died on Saturday.Issuing a press release, Nepal Bar Association condemned the attack and the Supreme Court,Appellate Court Patan and the three district courts in the Kathmandu valley postponed Sunday’s hearing after all lawyers participated in the procession.
Sunday, May 25, 2008
Courts to be just an SMS away
If there is any institution in the country that is most conventional in its working style it is the judiciary. But this institution is now all set to take a giant leap towards modernization.
In its most recent move, the judiciary has come up with an IT plan that proposes to make the Supreme Court in the first phase and other courts in second phase just an SMS away from service seekers.
Officials at the Supreme Court said those seeking justice will not have to come to court all the way from different parts of the country just to receive general dates and the hearing schedules for their cases; they can get these right on their mobile phones as SMS.
If they do not have mobile phones, they can get the dates and schedules at their respective district courts even if the cases are under adjudication at the Supreme Court.
"If the plan is approved by the Full Court, then a person from Jhapa or any other place in the country will not have to travel all the way to Kathmandu for general dates and hearings dates; they can get the dates right at the district court or on their mobiles," said Dr. Ramkrishna Timalsena, registrar at the Supreme Court, speaking about the new IT plan at the judiciary.
The plan designed by Dipak Timalsena, IT chief at the Supreme Court, was presented before the Full Court on Firday, the apex policy-making body of the judiciary, for approval. Dr Timalsena told that the plan is expected to be approved very soon, most likely this week.
The new scheme will become possible once all the courts of law across the country are equipped with information technology and connected to the Supreme Court within one and half years, according to the plan being discussed in the Full Court. And once implemented, Supreme Court officials believe the plan will make justice delivery more speedy and less expensive.
Similarly, the plan envisages replacing the existing manual system of issuing general dates and hearing schedules, which is considered prone to corruption and bias, with software that automatically generates general dates and hearing schedules, reducing the chances of manipulation. The software then will send SMS to court users, with their general dates and hearing schedules.
IT chief Timalsena said that each appellate court has already been provided 10-20 computers and each district court five computers.
"Once all the courts are interconnected, court users will not have to come to the Supreme Court even to register their cases; they can register cases from a nearby court," added IT chief Timalsena.
Besides, the plan is also to make the judiciary paperless. "We have proposed that courts forward all the case files through IT, instead of the post office, so as to reduce delay in justice delivery," Timalsena said.
Dr Timalsena further added that the plan proposes to set up a toll free number at the Supreme Court so that court users across the country will automatically learn about their general dates, hearing schedules and court decisions.
In its bid to become high-tech, the Supreme Court has already been computerized and efforts are underway to connect the Supreme Court with other courts across the country, thereby rendering the judiciary ahead of other government entities in the use of information technology.
According to Timalsena, the judiciary plans to use IT even to serve subpoenas and to correspond with the Office of the Attorney General on matters of justice delivery, a move that is also likely to reduce delay.
To discourage judge-shopping, Supreme Court officials have proposed in the plan that parties who want to defer their hearings will have to apply online a day before the hearing date. At present, parties are allowed to postpone hearing right on the day of the hearing, something that has led to judge-shopping and is a matter of concern for the judiciary.
BY KIRAN CHAPAGAIN / ekantipur
If there is any institution in the country that is most conventional in its working style it is the judiciary. But this institution is now all set to take a giant leap towards modernization.
In its most recent move, the judiciary has come up with an IT plan that proposes to make the Supreme Court in the first phase and other courts in second phase just an SMS away from service seekers.
Officials at the Supreme Court said those seeking justice will not have to come to court all the way from different parts of the country just to receive general dates and the hearing schedules for their cases; they can get these right on their mobile phones as SMS.
If they do not have mobile phones, they can get the dates and schedules at their respective district courts even if the cases are under adjudication at the Supreme Court.
"If the plan is approved by the Full Court, then a person from Jhapa or any other place in the country will not have to travel all the way to Kathmandu for general dates and hearings dates; they can get the dates right at the district court or on their mobiles," said Dr. Ramkrishna Timalsena, registrar at the Supreme Court, speaking about the new IT plan at the judiciary.
The plan designed by Dipak Timalsena, IT chief at the Supreme Court, was presented before the Full Court on Firday, the apex policy-making body of the judiciary, for approval. Dr Timalsena told that the plan is expected to be approved very soon, most likely this week.
The new scheme will become possible once all the courts of law across the country are equipped with information technology and connected to the Supreme Court within one and half years, according to the plan being discussed in the Full Court. And once implemented, Supreme Court officials believe the plan will make justice delivery more speedy and less expensive.
Similarly, the plan envisages replacing the existing manual system of issuing general dates and hearing schedules, which is considered prone to corruption and bias, with software that automatically generates general dates and hearing schedules, reducing the chances of manipulation. The software then will send SMS to court users, with their general dates and hearing schedules.
IT chief Timalsena said that each appellate court has already been provided 10-20 computers and each district court five computers.
"Once all the courts are interconnected, court users will not have to come to the Supreme Court even to register their cases; they can register cases from a nearby court," added IT chief Timalsena.
Besides, the plan is also to make the judiciary paperless. "We have proposed that courts forward all the case files through IT, instead of the post office, so as to reduce delay in justice delivery," Timalsena said.
Dr Timalsena further added that the plan proposes to set up a toll free number at the Supreme Court so that court users across the country will automatically learn about their general dates, hearing schedules and court decisions.
In its bid to become high-tech, the Supreme Court has already been computerized and efforts are underway to connect the Supreme Court with other courts across the country, thereby rendering the judiciary ahead of other government entities in the use of information technology.
According to Timalsena, the judiciary plans to use IT even to serve subpoenas and to correspond with the Office of the Attorney General on matters of justice delivery, a move that is also likely to reduce delay.
To discourage judge-shopping, Supreme Court officials have proposed in the plan that parties who want to defer their hearings will have to apply online a day before the hearing date. At present, parties are allowed to postpone hearing right on the day of the hearing, something that has led to judge-shopping and is a matter of concern for the judiciary.
BY KIRAN CHAPAGAIN / ekantipur
Friday, May 23, 2008
Advocate Shot At in Bara
An unidentified group opened fire on advocate Jagadish Acharya near his home in Kalaiya last night, leaving him seriously injured. Acharya was shot at near his home at Kalaiya-8 at around 8:45 pm, police said. He was shot in the thigh and is undergoing treatment in Birgunj. The gang which opened fire on him fled after firing a round in the air, police quoted locals as saying. Police have taken nearly 10 persons in custody for interrogation on suspicion of their involvement in the incident.
Thursday, May 22, 2008
Implement all jail reform recommendations: SC
In a sweeping ruling, the Supreme Court on Wednesday ordered the government to implement the recommendations of the National Human Rights Commission (NHRC) on the rights of jail inmates and the reports of a number of jail reform commissions.
Both NHRC recommendations to the government in 2005 and the reports of commissions formed at different times in the past have stressed the need to seriously upgrade the present infrastructure at prisons across the country and guarantee prisoners their basic human rights like sanitation, room space, quality food and regular health checkups.
Taking up the public interest litigation filed by Pro-Public, an NGO, Justices Bal Ram KC and Tahir Ali Ansari also formed a three-member committee to oversee implementation of the recommendations and reports. The committee should comprise representatives of the Home Minister, the Ministry of Finance and NHRC, the court ruled. The court also ruled that implementation of the recommendations and reports should begin right from the start of the new fiscal year.
"There are already enough recommendations and studies on prison reform and there is no need for more studies. What is needed now is implementation of the recommendations and reports," the justices said in their verdict.
Non-implementation of the recommendations and reports has been a major concern. The jail inmates themselves have launched protests inside the prisons from time to time, demanding implementation.
According to studies carried out by NHRC and the jail reform commissions, the infrastructure at prisons is mostly very old and insufficient for the number of inmates at present. Consequently, the prisons are overcrowded. Besides, inmates have been deprived of quality food, regular health services and sanitary facilities. The condition of women inmates at many prisons is worse as there are often no separate toilets for them.
In the verdict, Justices KC and Ansari also ordered the government to ensure the educational rights of children living with their jail-inmate parents. According to NGO reports, there are 65 such children living in jails.
Similarly, the daily food allowance for inmates should be increased every time the government increases the salaries of civil servants to adjust for inflation, the court said.
The apex court also ordered implementation of the Prison Act in its letter and spirit so that no inmate is deprived of his or her basic right.
In a sweeping ruling, the Supreme Court on Wednesday ordered the government to implement the recommendations of the National Human Rights Commission (NHRC) on the rights of jail inmates and the reports of a number of jail reform commissions.
Both NHRC recommendations to the government in 2005 and the reports of commissions formed at different times in the past have stressed the need to seriously upgrade the present infrastructure at prisons across the country and guarantee prisoners their basic human rights like sanitation, room space, quality food and regular health checkups.
Taking up the public interest litigation filed by Pro-Public, an NGO, Justices Bal Ram KC and Tahir Ali Ansari also formed a three-member committee to oversee implementation of the recommendations and reports. The committee should comprise representatives of the Home Minister, the Ministry of Finance and NHRC, the court ruled. The court also ruled that implementation of the recommendations and reports should begin right from the start of the new fiscal year.
"There are already enough recommendations and studies on prison reform and there is no need for more studies. What is needed now is implementation of the recommendations and reports," the justices said in their verdict.
Non-implementation of the recommendations and reports has been a major concern. The jail inmates themselves have launched protests inside the prisons from time to time, demanding implementation.
According to studies carried out by NHRC and the jail reform commissions, the infrastructure at prisons is mostly very old and insufficient for the number of inmates at present. Consequently, the prisons are overcrowded. Besides, inmates have been deprived of quality food, regular health services and sanitary facilities. The condition of women inmates at many prisons is worse as there are often no separate toilets for them.
In the verdict, Justices KC and Ansari also ordered the government to ensure the educational rights of children living with their jail-inmate parents. According to NGO reports, there are 65 such children living in jails.
Similarly, the daily food allowance for inmates should be increased every time the government increases the salaries of civil servants to adjust for inflation, the court said.
The apex court also ordered implementation of the Prison Act in its letter and spirit so that no inmate is deprived of his or her basic right.
Friday, May 16, 2008
Stay on election declined
The Constituent Assembly Court (CA Court) refused to issue interlocutory stay order against Ramesh Rijal of Nepali Congress who had won a seat from Parsa-5 to the Constituent Assembly in the April 10 election.
A three-member bench of Justices Anup Raj Sharma, Top Bahadur Magar and Ram Kumar Prasad Shaha issued the order following today’s hearing.
The bench said the case would be decided in the final hearing and therefore there was no need to issue a stay order as demanded by the petitioners.
CPN-UML’s Jaya Prasad Kushwaha Tharu, Birendra Prasad Yadav of Madhesi Janadhikar Forum and Chhatra Bahadur Shrestha of the CPN-Maoist had filed the case challenging Rijal’s victory.
A three-member bench of Justices Anup Raj Sharma, Top Bahadur Magar and Ram Kumar Prasad Shaha issued the order following today’s hearing.
The bench said the case would be decided in the final hearing and therefore there was no need to issue a stay order as demanded by the petitioners.
CPN-UML’s Jaya Prasad Kushwaha Tharu, Birendra Prasad Yadav of Madhesi Janadhikar Forum and Chhatra Bahadur Shrestha of the CPN-Maoist had filed the case challenging Rijal’s victory.
Saturday, May 10, 2008
Dr Dhungel advises not to amend statute
Amidst debate whether the interim constitution needs amendments immediately, a constitutional expert has advised political parties not to do so as that will lead to delay in drafting a new constitution.
In a programme organised in the capital Friday, the Dr Surya Dhungel also warned of the Constituent Assembly not completing the task of drafting a new constitution if parties get engaged in amending the current statute.
The process will also lengthen the transitional period, due to which experts’ fear of repeating the 1959 incident.
"If the transitional period is lengthened, the history of 1959 might repeat," said Dr Dhungel.
While Maoist leader CP Gajurel supported Dhungel's statement, UML leader KP Oli differed saying the interim constitution should be amended if the government is to be run properly.
Amidst debate whether the interim constitution needs amendments immediately, a constitutional expert has advised political parties not to do so as that will lead to delay in drafting a new constitution.
In a programme organised in the capital Friday, the Dr Surya Dhungel also warned of the Constituent Assembly not completing the task of drafting a new constitution if parties get engaged in amending the current statute.
The process will also lengthen the transitional period, due to which experts’ fear of repeating the 1959 incident.
"If the transitional period is lengthened, the history of 1959 might repeat," said Dr Dhungel.
While Maoist leader CP Gajurel supported Dhungel's statement, UML leader KP Oli differed saying the interim constitution should be amended if the government is to be run properly.
CA Court stays Sindhuli-1 election result
The Constituent Assembly Court issued interlocutory stay order directing the government authorities not to include Bisam Lal Adhikary, who was declared winner from Sindhuli-1 under direct polls, in the CA until the court issues a final verdict on a case challenging his victory. The court asked the authorities not to include him in the swearing-in ceremony for CA members.A three-member bench of justices Anup Raj Sharma, Top Bahadur Magar and Ram Kumar Prasad Shaha issued the directives following today’s hearing on a case filed by Maoists’ defeated candidate from the constituency Shanti Man Karki against Adhikary’s win. Election Commission had declared CPN-UML Adhikary the winner.The bench, however, said the bench can re-consider the order after getting the reply from the defendants — Adhikary and the EC.Karki has claimed that Adhikary won the elections through irregularities. He has claimed that valid ballot papers were missing and invalid ballot papers were accepted during the vote counting. Karki had sought the court’s interlocutory order to authorities to bar Adhikary from participating in the CA process until the court issues a final verdict on the case.
Thursday, May 08, 2008
No Roadblock to Govt Formation: CJ
Chief Justice Kedar Prasad Giri on Wednesday ruled out any constitutional hindrance to government formation. He, however, called on parties to form the government after forging a consensus."I do not see any political impasse," Giri said."The consensus will work," he said, adding, "The option of forming a government with the support of two third of the Constituent Assembly should be searched only if consensus cannot be reached." The CJ was talking to media persons after felicitating newly-elected office bearers of the Federation of Nepali Journalists (FNJ) at a programme organised by the Reporters' Club of Nepal.The CJ said that the new constitution should make the judiciary independent and competent. "An independent and competent judiciary is a must to protect rights of the people," he said. "I hope that members of the Constituent Assembly will promulgate the constitution respecting these principles of the judiciary."Giri urged the press to respect the boundaries set by the law. "The judiciary expects support from the fourth estate to protect rights of the people," he added."I found that the new leadership has a vision to establish harmonious relation with the judiciary. Such a thinking is a must," he added. "I want professional reporting of matters related to the judiciary," the CJ said.Newly-elected president of the FNJ Dharmendra Jha urged journalists to develop harmonious relations with the judiciary.
Wednesday, May 07, 2008
SC bars French lawyer from defending Charles Sobhraj
The Supreme Court on tuesday rejected a plea by French lawyer Isabelle Coutant Peyre to defend Charles Gurumukh Sobhraj during the court proceedings.A division bench of Justices Min Bahadur Rayamajhi and Kalyan Shrestha rejected the French lawyer’s request, which was made during today’s hearing.“The bench rejected her request saying that there is no such precedence here,” Raja Ram Dhakal, Sobhraj’s Nepali lawyer .
The bench, however, said a foreign lawyer could assist Nepali lawyers in any case.Former Attorney General Badri Bahdur Karki, senior advocate Basanta Ram Bhandari and advocate Dhakal defended Sobhraj during today’s hearing on fake passport case.Sobhraj’s counsel argued that the chargesheet against Sobhraj was silent on anyoffense under the Act Relating to Foreigners-1958 and the related regulation, so the charge of fake passport against Sobhraj was improper. They also argued thatthe apex court order to reopen the fake passport case against Sobhraj was baseless.The lawyers claimed that there was no evidence to prove his presence in the country in 1975.
Court summons KC over Baglung-2 poll
The Constituent Assembly Court (CAC) Tuesday said it will discuss issuing an interim order over the election in Baglung-2 where Chitra Bahadur KC of Rastriya Janamorcha won. The discussion will take place May 22. Acting on an application filed by Mani Bhadra Sharma of Nepali Congress, the CAC ordered KC to be present at court to take part in the discussion. In the application, Sharma accused KC of poll rigging and booth capturing and demanded a re-poll in the constituency.
Thursday, March 20, 2008
SC Tells Govt to Regulate Medicine Market
The Supreme Court on Wednesday issued a directive order to government authorities to reform the health sector by regulating prices of medical supplies.A division bench of justices Bala Ram KC and Top Bahadur Magar issued the order in response to a PIL filed in the apex court, seeking its intervention to regulate the prices of medicines.The bench told the authorities to form a panel and adopt a proper policy on pricing of pharmaceutical products. The bench asked the government to form the panel under the coordination of a senior official of the Nepal Medical Council and include representatives of the Ministry of Health and Pharmaceutical Management Department in teh panel.The bench told the authorities to complete the study within six months and submit a copy of the report to the apex court.The PIL was filed by advocate Jyoti Baniya. Baniya has also sought the apex court order to publish the prices of lifesaving drugs in the Nepal Gazette. Baniya claimed there was no regulation regarding the supply, quality and prices of drugs.
Tuesday, March 18, 2008
SC Penalises NRB Guv, ED on Corruption Charges
The Supreme Court today penalised two top officials of the Nepal Rastra Bank (NRB) -- governor Bijaya Nath Bhattarai and executive director Surendra Man Pradhan in a corruption case.Issuing a verdict in a corruption case filed against Bhattari and Pradhan, a single bench justice Tahir Ali Ansari said: "SC found that the duo embezzled 51,732 US Dollars by terminating a contract signed with a joint venture of Lloyd Hill Oakton, USA, in association with KPMG, Sri Lanka". The apex court has asked them to pay a fine equal to the amount embezzled.On June 29, 2007, the Commission for the Investigation of Abuse of Authority had filed the case against Bhattaai and Pradhan claiming that they had caused a loss of Rs 30 million by terminating the contract. The contract was signed on February 6, 2006.The Special Court had transferred the case to the apex court on February 17 after the Special Court judges could not decide the case.
The Supreme Court today penalised two top officials of the Nepal Rastra Bank (NRB) -- governor Bijaya Nath Bhattarai and executive director Surendra Man Pradhan in a corruption case.Issuing a verdict in a corruption case filed against Bhattari and Pradhan, a single bench justice Tahir Ali Ansari said: "SC found that the duo embezzled 51,732 US Dollars by terminating a contract signed with a joint venture of Lloyd Hill Oakton, USA, in association with KPMG, Sri Lanka". The apex court has asked them to pay a fine equal to the amount embezzled.On June 29, 2007, the Commission for the Investigation of Abuse of Authority had filed the case against Bhattaai and Pradhan claiming that they had caused a loss of Rs 30 million by terminating the contract. The contract was signed on February 6, 2006.The Special Court had transferred the case to the apex court on February 17 after the Special Court judges could not decide the case.
not to intervene in NSP case :EC urges SC
The Election Commission (EC) on Monday told the Supreme Court that the closed list of the Anandi Devi-led Nepal Sadbhavana Party (Anandi Devi) was rejected because a closed list was already registered in the EC with the same name.
“All the election-related programmes have been stopped after the submission of the names and lists of parties,” a written explanation submitted by secretary of the EC Sushil Janga Bahadur Rana stated.The Election Commission was responding to a show cause notice issued by the SC in response to a writ petition filed by treasurer of the NSP (Anandi Devi) Tej Kanta Jha. Claiming that the NSP led by Anandi Devi is the official NSP (Anandi Devi), the petitioner had moved the apex court demanding that the Shyam Sundar Gupta-led NSP not be recognised as the authentic NSP (Anandi Devi).
The EC urged the apex court not to intervene in the issue because the closed list submitted by the Anandi Devi led-NSP was rejected in accordance with the election law. Jha had registered the petition demanding the apex court’s direction to the EC, the Prime Minister’s Office (PMO) and the Cabinet.
Claiming that the PMO was made the defendant in Jha’s writ petition without anyreason, the PMO, submitting a separate explanation to the court, also demanded that the petition be scrapped.
The Election Commission (EC) on Monday told the Supreme Court that the closed list of the Anandi Devi-led Nepal Sadbhavana Party (Anandi Devi) was rejected because a closed list was already registered in the EC with the same name.
“All the election-related programmes have been stopped after the submission of the names and lists of parties,” a written explanation submitted by secretary of the EC Sushil Janga Bahadur Rana stated.The Election Commission was responding to a show cause notice issued by the SC in response to a writ petition filed by treasurer of the NSP (Anandi Devi) Tej Kanta Jha. Claiming that the NSP led by Anandi Devi is the official NSP (Anandi Devi), the petitioner had moved the apex court demanding that the Shyam Sundar Gupta-led NSP not be recognised as the authentic NSP (Anandi Devi).
The EC urged the apex court not to intervene in the issue because the closed list submitted by the Anandi Devi led-NSP was rejected in accordance with the election law. Jha had registered the petition demanding the apex court’s direction to the EC, the Prime Minister’s Office (PMO) and the Cabinet.
Claiming that the PMO was made the defendant in Jha’s writ petition without anyreason, the PMO, submitting a separate explanation to the court, also demanded that the petition be scrapped.
Monday, March 17, 2008
SC begins hearing on NRB gov case
The Supreme Court on sunday started hearing on a corruption case against suspended officials of the Nepal Rastra Bank (NRB) — governor Bijaya Nath Bhattarai and executive director Surendra Man Pradhan.A single bench of justice Tahir Ali Ansari is hearing the case.Pleading on behalf of the Commission for the Investigation of Abuse of Authority (CIAA), joint government attorney Saroj Raj Gautam demanded that the bench uphold Special Court Judge Cholendra SJB Rana’s judgement to sentence Bhattarai and Shrestha “because there was evidence to prove that the two were involved in corruption”.The case was transferred to the apex court after the Special Court judges failed to issue a verdict due to differences of opinion. Gautam claimed that Bhattarai and Pradhan had signed a fake contract and had caused the nation a loss of Rs 30 million by terminating the contract signed with the IEF Inc Lloyd Hill Oakton, USA in association with KPMG, Sri Lanka.Stating that the two NRB officials had caused the nation a loss of Rs 30 million by signing and terminating the fake contract, the CIAA had filed a case against the two on June 29, 2007. The bench also directed joint government attorney Mohan Bahadur Karki, who will plead on behalf of the CIAA tomorrow, to explain why the Special Court transferred the case to the apex court and whether or not a single bench of the apex court can decide the case.
SC puts off case hearing
The Supreme Court on Sunday postponed the hearing on the murder case against alleged international serial killer Charles Gurumukh Sobhraj.SC spokesperson Til Prasad Shrestha said the hearing was postponed as Judge Kalyan Shrestha, who was hearing the case, has left for Italy. Justices Min Bahadur Rayamajhi and Kalyan Shrestha have also been hearing the case. Sobhraj has to serve 20 years in jail as per Kathmandu District Court order, which was upheld by Patan Appellate Court.
The Supreme Court on Sunday postponed the hearing on the murder case against alleged international serial killer Charles Gurumukh Sobhraj.SC spokesperson Til Prasad Shrestha said the hearing was postponed as Judge Kalyan Shrestha, who was hearing the case, has left for Italy. Justices Min Bahadur Rayamajhi and Kalyan Shrestha have also been hearing the case. Sobhraj has to serve 20 years in jail as per Kathmandu District Court order, which was upheld by Patan Appellate Court.
SC warns CDO of action on contempt case
The Supreme Court has issued a warning to Chief District Officer of Kathmandu Jay Mukunda Dev Khanal to face a contempt of court charge for “disobeying” the order of the Chief Justice.
A division bench of Justices Min Bahadur Rayamajhi and Rajendra Prasad Koirala issued the warning, stating that Khanal had not furnished details of the illegal detention of two persons despite the Chief Justice’s order.
The bench sought explanations from Khanal on why he should not be punished as per Clause 7 of the Judicial Administration Act, 1991 for disobeying the order. The bench was responding to a habeas corpus petition filed by advocate Dinesh Prasad Sharma. The petitioner had sought the release of detainees Rajendra Sherchan and Iman Bahadur Gharti. “The rights against illegal arrest and detention are recognised as constitutionally-guaranteed human rights.
Everybody should cooperate with the apex court to safeguard the rights. But the CDO did not even furnish information on the detention,” the bench observed.On February 28, a single bench of Chief Justice Kedar Prasad Giri had ordered the CDO to furnish explanations on why Sherchan and Gharti were rearrested within three days. They were convicted by the Kathmandu District Court and sentenced for four years for committing dacoity. But they were released on Democracy Day on February 19.
While releasing them, the bench told Kathmandu CDO Khanal to present himself before the apex court within three days with reasons in writing on why he should not be punished.
On Friday, the bench had also told police to release Sherchan and Gharti, saying that the two were detained illegally.
Submitting separate explanations, Kathmandu District Attorney Surendra Thapa and Metropolitan Police Range’s Superintendent of Police Sarvendra Khanal had told the apex court that the detainees were taken into custody again for further investigation into a separate case on the possession of arms and ammunition.
Kathmandu CDO Khanal told that the details of the detention of Sherchan and Gharti were not furnished to the apex court because police had sought his permission to detain them. “I did not get the order of the apex court due to technical reason,” he claimed. “Police sought my permission to detain the two and I gave them a go-ahead,” CDO Khanal told . “However, I will obey the apex court order,” he added. Ananta Raj Luitel /HNS
Judiciary not independent: SC
The Supreme Court, while identifying its problems, has said the judiciary has not been independent, competent and effective at par with international
standard.
"The judiciary has not been as independent, competent and effective as it should be as per the principle of separation of power and universally accepted values," the Supreme Court stated in its annual report made public on Sunday.
It further said the judiciary has been facing serious challenges in establishing a justice system as envisioned in the constitution.
The court, however, has not stated the reasons that have made the judiciary such a weak institution. But, it may be recalled that the judiciary has long been complaining against constitutional provisions requiring judges to face parliament before appointment and requiring the judiciary to present its report to the Prime Minister, who is head of the executive. Judges have maintained that the provisions have undermined the very principle of judicial independence.
Besides, the apex court has also complained that the judiciary has not featured in the national plan of the country with priority.
According to the report, there are 52,098 backlogs in all courts across the country. In the Supreme Court alone, there are 13,476 pending cases whereas the figure at the district courts is 30,819. Similarly, the backlogs at the appellate courts is 7,803.
The Supreme Court, while identifying its problems, has said the judiciary has not been independent, competent and effective at par with international
standard.
"The judiciary has not been as independent, competent and effective as it should be as per the principle of separation of power and universally accepted values," the Supreme Court stated in its annual report made public on Sunday.
It further said the judiciary has been facing serious challenges in establishing a justice system as envisioned in the constitution.
The court, however, has not stated the reasons that have made the judiciary such a weak institution. But, it may be recalled that the judiciary has long been complaining against constitutional provisions requiring judges to face parliament before appointment and requiring the judiciary to present its report to the Prime Minister, who is head of the executive. Judges have maintained that the provisions have undermined the very principle of judicial independence.
Besides, the apex court has also complained that the judiciary has not featured in the national plan of the country with priority.
According to the report, there are 52,098 backlogs in all courts across the country. In the Supreme Court alone, there are 13,476 pending cases whereas the figure at the district courts is 30,819. Similarly, the backlogs at the appellate courts is 7,803.
Man convicted for attempt on CJ’s life
Kathmandu District Court on Sunday convicted one Prabhat Kumar Gupta of Birgunj on the charge of attempting to murder Chief Justice Kedar Prasad Giri.
Judge Shiva Narayan Yadav announced five years imprisonment for Gupta who "attacked" Giri with a knife at the latter's residence at Ghattekulo on November 30, 2006. Giri, the senior most Justice then, survived the attack but sustained an injury on the thumb of his right hand.
But Gupta, in a statement to the parliament last September, had maintained that he entered the premises of Giri's house to bribe him in a land related case. He further argued that Giri sustained injuries in a skirmish that followed after the former tried to record the conversation between him and Giri.
It may be recalled that the controversial Gupta case had featured prominently when Giri faced the parliamentary confirmation hearing for being nominated as Chief Justice in September last year. Parliamentarians had then questioned during the hearing whether Gupta would get justice after he became the Chief Justice. Giri had evaded the question saying that he would not comment on the case since it was being considered in the district court.
Gupta had staged fast-on-to-death, protesting Giri's nomination as Chief Justice and demanded that parliament disapprove his nomination.
Gupta's lawyer Kedar Karki questioned the impartiality of the verdict today while announcing he would appeal against the verdict at the appellate court.
Kathmandu District Court on Sunday convicted one Prabhat Kumar Gupta of Birgunj on the charge of attempting to murder Chief Justice Kedar Prasad Giri.
Judge Shiva Narayan Yadav announced five years imprisonment for Gupta who "attacked" Giri with a knife at the latter's residence at Ghattekulo on November 30, 2006. Giri, the senior most Justice then, survived the attack but sustained an injury on the thumb of his right hand.
But Gupta, in a statement to the parliament last September, had maintained that he entered the premises of Giri's house to bribe him in a land related case. He further argued that Giri sustained injuries in a skirmish that followed after the former tried to record the conversation between him and Giri.
It may be recalled that the controversial Gupta case had featured prominently when Giri faced the parliamentary confirmation hearing for being nominated as Chief Justice in September last year. Parliamentarians had then questioned during the hearing whether Gupta would get justice after he became the Chief Justice. Giri had evaded the question saying that he would not comment on the case since it was being considered in the district court.
Gupta had staged fast-on-to-death, protesting Giri's nomination as Chief Justice and demanded that parliament disapprove his nomination.
Gupta's lawyer Kedar Karki questioned the impartiality of the verdict today while announcing he would appeal against the verdict at the appellate court.
Subscribe to:
Posts (Atom)