SC justice refuses to hear bank default case

A Supreme Court Justice sunday refused to hear a case challenging the black listing of Immix Trade Ltd as a loan defaulter, saying he was embroiled in a controversy when he issued a verdict in a case related with Mahalaxmi Sugar Mills.
Justice Top Bahadur Magar refused to hear the petition filed by Krishna Das Manandhar challenging black listing of his firm by the Credit Information Bureau (CIB).
“When we entered the division bench comprising Justices Magar and Damodar Prasad Sharma, the bench refused to conduct the hearing,” Rastriya Banijya Bank’s Lawyer Ramesh Karki told this daily. Justice Magar told the lawyers that he would not hear the case because he was embroiled in a controversy when he and two other justices ? Kedar Prasad Giri and Badri Kumar Basnet ? upheld a Supreme Court verdict issued by justices Arjun Prasad Singh and Badri Bahadur Basnet, revoking the sugar mill from the black list.
Four months ago, the Public Accounts Committee had recommended the House of Representatives to impeach the judges who had removed the sugar mills from the blacklist.
The bench was supposed to conduct a final hearing of the case.
The director of the firm had filed the petition challenging the Nepal Rastra Bank, Rastriya Banijya Bank and the CIB for blacklisting his firm as a bank defaulter.

Rayamajhi Report Case Hearing on March 11

Supreme Court on Sunday rescheduled the final hearing on a writ petition seeking implementation of the Rayamajhi Commission report for March 11."As per the approval of the Chief Justice, we have rescheduled the hearing on the case for March 11," Supreme Court Spokesperson Durga Prasad Dawadi said.Though, according to Justice Ram Kumar Prasad Shah's single bench, the final hearing was supposed to take place on Sunday, Chief Justice Dilip Kumar Paudel had deferred the same on Friday.

Advocate Chandra Kanta Gyawali had filed the Public Interest Litigation seeking the apex court's order to the government to implement and make public the report.The report has recommended action against 202 persons for suppressing the Jana Andolan-II.Meanwhile, the Commission for Investigation of Abuse of Authority (CIAA) interrogated former Home Minister Dan Bahadur Shahi and former Minister for Information and Communications Tanka Dhakal as per the Rayamajhi report.

The CIAA quizzed them for their role in misusing the state treasury and for doling out cash to journalists during the royal regime.Also on Sunday, CIAA commissioners said they are planning to summon regional and zonal administrators and other officials appointed during the royal regime.

CIAA grills royal ministers Shahi, Dhakal

The Commission for Investigation of Abuse of Authority (CIAA) has grilled two ministers of the then royal cabinet for misusing state treasury during their term.
The CIAA grilled then Home Minister Dan Bahadur Shahi and then Minister of Information and Communications Tanka Dhakal, reports said.
Shahi was made Home Minister immediately after the February 1, royal takeover. Dhakal served as Minister for Information and Communications immediately after the royal takeover and then served as the Minister for Local Development till the success of the April movement.
The CIAA had already grilled royal ministers Kamal Thapa and Shrish Shumsher JB Rana as per the recommendation of the Rayamajhi Commission.
The high level commission formed to probe the atrocities committed to suppress the pro-democracy movement of the country led by former Supreme Court Justice Krishna Jung Rayamajhi recommended action against 202 people including then chairman of the government King Gyanendra for their role in suppressing the April movement.

Bill on political parties tabled; SAC discusses election bills
The government has tabled the bill on political parties at the interim parliament on Friday.
The bill, which aims to strengthen democratisation of political parties, was tabled by Minister of State for Labour and Transport Management Ramesh Lekhak on behalf of Home Minister Krishna Sitaula.
The bill, which was registered at the parliament secretariat a few days ago, was tabled on Friday. It proposes to make it illegal for political parties to announce bandh. The bill proposes that parties avoid organising any programs like bandh that can affect country's economy or traffic blockades that affect people's lives. Likewise, the bill proposes against wall-painting, pasting and graffiti-writing by parties on private properties without owners' consent. They are also asked not to vandalise public or private properties when organising their programs. All these activities have been deemed illegal.
Another significant aspect of the bill is that it also attempts to introduce the concept of state-financing of parties. The bill proposes that the state provide grants to the parties based on the votes they garner. Parties that garner at least one percent of votes in the national elections will be granted with proportional amount of resources. It has also made provisions regarding the donations or financing of the parties by national or international government, organisations or individuals.
The bill also prohibits the parties from enlisting corrupt persons, black-listed defaulters and those declared bankrupt by the court, as their members. It asks parties to make their executive committees inclusive and properly keep and regularly publicise the asset lists of their office-bearers.
As per the provision in the interim constitution, the bill makes it mandatory for parties to submit signatures of 10,000 people if they want to be registered at the Election Commission (EC). This provision, however, will not be applicable to the parties that are represented in the current parliament.
The parties will have to audit their financial transactions and present the report to the EC within six months of the completion of a fiscal year. The EC can impose fines on the parties who do not abide by this provision. The bill will come into force after the parliament approves and enacts it.
Meanwhile, the parliamentary State Affairs Committee (SAC) discussed various election-related bills on Friday. They initiated discussions on Bill on Election Commission; Election (Crime and Punishment) Bill, and Bill on Constituent Assembly Court.
Various members at the SAC meeting put forth 73 amendment proposals on those bills. At the meeting, the Chief Election Commissioner (CEC) Dr. Bhoj Raj Pokharel appealed to ensure the autonomy of the Election Commission.

SC Puts Off Hearing on Rayamajhi Commission Report

The Supreme Court has put off the final hearing on a case demanding the government implement the report of Rayamajhi Commission on suppression of last year’s people’s movement. The court had earlier scheduled to hear the case on Sunday.

The weekly cause list of the court published on Friday has deferred the final hearing on the case. The apex court, however, has not set another date for the final hearing.
"I am surprised by the deferral despite the court had scheduled the final hearing for Sunday," advocate Chandra Kanta Gyawali, who had filed the writ petition, said. "This is not reasonable as the defendants have already submitted their explanations," Gyawali added. He had filed the petition demanding court order to the government to implement the report and to make it public.
Spokesperson for the Supreme Court Durga Prasad Dawadi said the deferral happened just because of technical reasons. "The next hearing date will be fixed soon as the Supreme Court does not have any mal-intention to defer the case," Dawadi added.

American University event on Nepal

Talk program was organized in American University, Washington college of Law on “Building Democracy in the face of Nepal’s mounting crisis.” Program was jointly organized by Centre for Human rights and humanitarian law and South Asian Law student association. Supreme Court advocate from Nepal, Dinesh Tripathi was invited to deliver a speech on the topic. Advocate Dinesh Tripathi underlined that: Nepal is passing through enormous crisis, upheaval and challenges. There are enormous and huge challenges toward building a full and genuine democracy in Nepal. The People’s will and aspirations could be materialize only through accountable democratic institution. Only full fledge democracy with socio economic justice could be the basis for lasting and genuine peace in Nepal. The election of the constituent assembly could be the only legitimate vehicle for creating new constitional and new democratic order. It will create a framework for the participation of common man in the constitution making and democracy building process in Nepal. The Common man’s direct participation in the constitution building process is vitally important, because it will establish the ordinary citizen’s sense of empowerment and ownership on the constitution. Nepalese people do not want imposed or given constitution any more. The people of Nepal are aspiring for full and genuine sovereignty and complete justice and freedom. Formal and procedural democracy is not enough. Nepalese people all over the world allow to participate and vote in the constituent assembly election. The era of kingship has gone. The people of Nepal do not want monarchy in any form. The republican form of government shall be the basic feature of the new the constitution. It is a proven fact of Nepali history that monarchy and democracy could not go together in Nepal. The palace of Nepal always acted against the will and aspiration of Nepalese people and always dismantles and subverted democratic institution with the help of military. That’s why Nepalese people want to do away with monarchy forever. The king of Nepal is extremely unpopular and hatching conspiracy against the upcoming constituent assembly election. The constituent assembly could be the only legitimate vehicle to exercise sovereign rights of the people. The recent statement of king is the biggest insult of people’s struggle for democracy and self rule. The king has no authority or right to issue a statement in the present changed context. It goes against the very spirit and mandate of people’s movement. His recent statement reflects his dangerous and evil mind set which is serious threat for democratization process of Nepal. Immediate action should be taken against king and political actor of Nepal should take this statement very seriously. The democratization process of Nepal is under severe threat. The anti- democratic and anti people element of the country does not like the notion of constituent assembly. They do not want people’s supremacy and sovereignty. The holding of the election of constituent assembly in due date is one of the most crucial task and it must be held on due date at any cost; otherwise it would be damaging and disastrous for democratization process. There should be no excuse for the delay and postponement of the constituent assembly election at any cost. New constriction shall chart a future course for new Nepal. Nepal has to restructure the feudal and undemocratic structure of the state. It shall establish the basis for social, economic and political democracy. The periodical election and right to vote is important and central to the democratic governance but it is not enough in itself, People of Nepal are also aspiring for economic and social democracy and justice. The new constitution of Nepal must address the problem of vast exclusion, marginalization and exploitation. It has to build an inclusive democracy. The backward, exploited, madhesi and dalit, janjatis should get equal rights and dignity. The issue of exclusion needs to be address immediately and coherently. The biggest threat for democracy building in Nepal is the undemocratic character of military. Currently it is the most undemocratic institution. The democratization or effective and actual civil control on the military is the central issue of the democracy building process in Nepal. In order to build genuine democracy military must be brought under civilian control.

The culture of the impunity is the biggest obstacle for democracy building process in Nepal. There is no transitional justice mechanism in the place in Nepal. Not even single perpetrator of human rights violation has brought to the justice. Nepal should immediately ratify the Rome statue of international criminal court and all the perpetrator of human rights violator should be brought to the justice. The culture of impunity should not allow to continue. The culture of impunity creates a vicious cycle of human rights violation. The king of Nepal also brought to the justice because he is responsible for massive and serious human rights violation in Nepal. No crime should go unpunished. Nepal also needs a process and mechanism for truth and reconciliation. The problem of internally displaced people must be address immediately and urgently.

Deepa Padamnavan gave a brief introduction of guest speaker in the program.

CIAA grills royal minister Rana

The Commission for Investigation of the Abuse of Authority (CIAA) has questioned former state minister of the royal cabinet Shrish Shumsher JB Rana for his role on misusing state treasury to suppress the people's movement.

CIAA officers grilled Rana, who was the State Minister for Information and Communications during the direct rule of the King for over two hours.

The investigation officer grilled Rana on the misuse of state funds and for doling out money to journalists.

Rana distributed money from the state fund to journalists to disseminate information in favour of the royal regime.

The officer asked Rana to show up again after four days.

The CIAA recorded Rana's statement as per the recommendation of the Rayamajhi commission.

The high level commission headed by former Supreme Court Justice Krishna Jung Rayamajhi formed to formed probe the atrocities committed to suppress pro-democracy movement of the country recommended action against 202 people including then head of the government King Gyanendra.

The CIAA grilled Home Minister of the royal government Kamal Thapa on Wednesday.

The CIAA has also summoned former ministers Dan Bahadur Shahi and Tanka Dhakal to record their statements.

Eight district judges are hardworking: SC

Only eight of the 114 judges in the 75 district courts decided more than 500 cases, the annual report of the Supreme Court 2062/2063 BS said.The report has recognised them as the “most hardworking” judges of the fiscal year. Sunsari District Court Judge Shekhar Prasad Paudel decided 780 cases, Parsa judge Tirtha Raj Devkota decided 677 cases, Siraha district judge Bal Chandra Sharma decided 663 cases, Dhanusha district judge Achyut Bista decided 618 cases, Dhanusha district judge Bhim Kumar Ojha decided 566 cases, Kathmandu district court judge Sushama Lata Mathema decided 522 cases, Mahottari district court judge Kumar Prasad Pokharel decided 511 cases and Mohattarai district judge Ishwor Raj Acharya decided 506 cases, the report said. Altogether 25,167 cases were decided in the 75 district courts in the fiscal year 2062/63, the report said. However, less than 10 cases were filed in 10 district courts. Only 10 cases were filed in the Mustang district court, while two cases were filed in Manang district and nine cases were filed in Accham.During the fiscal year, more than 1,500 cases were filed in 15 districts, including Jhapa, Morang, Sharalahi, Saptari, Bara, Rautahat, Kathmandu, Lalitpur Bhatapur and Banke.

Major defies SC-appointed panel’s summons

A major of the Nepali Army who was summoned by a Supreme Court-appointed panel investigating a case of four missing persons has been defying the summons.

“Major Purushottam Bikram KC is yet to show up though we have requested the secretary of the Ministry of Defence Bishnu Dutta Uprety several times in this regard,” an official of the panel said.

The panel, headed by appellate court judge Lokendra Mallik, had written to the Defence Ministry asking it to direct the major, who is the head of the No 1 Bahini of Field Gulm in Thankot barracks, to give his statement in the case. The panel is probing how and under what circumstances four persons — Bipin Bhandari, Rajendra Dhakal, Dil Bahadur Rai and Chakra Bahadur Katuwal — went missing. The panel had found clues that the four were detained by the army, but was not heard of after that. The panel recently found a skeleton in Okhaldhunga, which the panel says is that of Katuwal. A DNA test is underway to confirm this.

Security persons had arrested Bhandari and Rai in 1999 and Dhakal in 1995 and detained them in army barracks for a few years.

SC orders Chand’s firm to repay Rs 57 crore

Overruling its controversial judgment in the Mahalaxmi Sugar Mills case that curtailed the authority of the Credit Information Bureau (CIB) to put any firm in its blacklist, the Supreme Court today directed a sugar mills to pay back Rs 57 crore to banks.
A division bench of Justices Min Bahadur Rayamajhi and Sharada Shrestha directed the Basuling Sugar Mills owned by Arun Chand, son of former prime minister Lokendra Bahadur Chand, to pay back the banks’ loan.The bench also said that the court cannot remove the Mills from the blacklist as the CIB had the authority to blacklist any willful defaulter firm.
According to a lawyer of the Nepal Rastra Bank, the central bank had directed the CIB to blacklist Chand’s firm as it had not paid back the loans even after several directions by the banks and financial institutions which had given the firm loans.
The firm had taken the loan from the Rastriya Banijya Bank, Nepal Bank Limited, Agricultural Development Bank, Nepal Industrial Development Corporation and Employees Provident Fund.
Chand, the owner of the firm, had filed a writ petition 21 months ago claiming that the Credit Information Bureau had no authority to blacklist his firm.
This is the first case decided by the Supreme Court in favour of the banks to recover their loans after the parliamentary attempt to impeach a few Supreme Court judges who had lifted the Mahalaxmi Sugar Mills from the blacklist.
The Public Accounts Committee (PAC) had recommended the House of Representatives to impeach the judges who had removed the Mahalaxmi Sugar Mills from the blacklist.The court had then said that the CIB had no legal authority to blacklist any firm.“The court has upheld the authority of the CIB,” Rastriya Banijya Bank’s legal advisor Puarnaman Shakya said.
-Ananta Raj Luitel

Kamal Thapa appears before the CIAA
The Commission for Investigation of Abuse of Authority (CIAA) interrogated then home minister Kamal Thapa during the royal regime Wednesday over his alleged role in suppressing the Jana Andolan II in April. He is the first to be interrogated by the CIAA on charges of abuse of authority in attempting to suppress the Jana Andolan II.

Thapa arrived CIAA to file his statement at around 12 noon. He was interrogated for more than two hours. The CIAA is expected to grill Thapa more in the coming days.
The CIAA plans to complete the interrogation of four ministers of the royal cabinet, whom have already been handed letters by it, within a week. The High Level Probe Commission led by Krishna Jung Rayamajhi had recommended actions against king and his cabinet members for their involvement in abuse of national treasury and authority. In the first phase, the CIAA summoned four members of the royal cabinet, Kamal Thapa, Dan Bahadur Shahi, Tanka Dhakal and Shrish SJB Rana. The CIAA had asked the four persons to appear for recording statement within seven days.

SAC agrees to finalise election related bills soon
The parliamentary State Affairs Committee has decided to pass all the necessary bills related to the elections of the constituent assembly immediately for the preparation of the CA polls.
In the first meeting of the committee, SAC decided to start clause-wise discussions on the Election Commission Bill from Friday.
Some lawmakers also said that eight party leadership was not serious on the constituent assembly.
Citing remarks of Ian Martin, the Special Representative of the UN Secretary General to assist in Nepal ’s peace process, that the election scheduled for June may not be held, lawmakers said, "A political consensus is yet to be reached and the parties are unable to have a single voice on the polls."
Speaking at the meeting, CPN-UML lawmaker Parshu Ram Meghi Gurung said that the committee needed intensive homework to correct some serious flaws of the Bill. He also suggested the committee to hold discussions with the EC officials and ministries concerned before giving it final shape.
Similarly, Purna Bahadur Khadka of Nepali Congress Democratic suggested that in view of time constraints, the Committee give the Bill top priority in order to carry out necessary preparations for holding the CA polls on time.
Altogether 73 proposals have been registered for amending the bill.

Clarify government’s stance on King’s message: Sharma

With the democracy day message of King Gyanendra drawing criticism from all fronts, Justice of the Supreme Court Anup Raj Sharma has suggested the Prime Minister to clarify the government’s involvement in the message.

During his meeting with Justice Sharma on Tuesday, Prime Minister Girija Prasad Koirala said that he did not have any information about the King’s message and added that he was surprised to hear about the King’s message in which he defended his February 1 takeover of 2005, reports the Kantipur daily.

Stating that the King’s message is illegal, Justice Sharma suggested to the Prime Minister to clarify government’s involvement in the message to the public.

Sharma further said that as the Prime Minister is working as the head of the state and there is no role of King in the constitution, the King should not give such message without approval of the cabinet.

According to the daily, a source quoted Sharma as saying that the government should inform people after interrogating the King in which capacity he has issued the message.

The duo discussed the King’s message, the Terai unrest and amendment in the interim constitution.

Prime Minister Koirala also held discussion with Indian Ambassador to Nepal Shiva Shankar Mukharjee and Chief of Army Staff Rookmangad Katawal as well.

However Justice Sharma said that he had visited Koirla’s residence to express condolence to the Congress leader Nona Koirala.

Writ filed for appointments in NHRC

A writ petition was filed at the Supreme Court Tuesday demanding immediate appointment of the officials of the National Human Rights Commission (NHRC).

The petition was filed jointly by advocates Shyam Babu Kafley, Basudev Bajgain, Om Prakash Aryal and Ashwasthama Bhakta Kharel asking for orders to appoint the NHRC chairman and commissioners at the earliest.

The Prime Minister, who is also the chairman of the Constitutional Council as stated in Article 149 in the interim constitution, Office of the Prime Minister and the Council of Ministers and the Constitutional Council have been made defendants in the writ.

The petitioners stated that delay in appointment of the NHRC officials had had a negative impact on protection and promotion of human rights in the country.

The NHRC remains without commissioners since nine months when all commissioners and the chairman resigned under the pressure of the reinstated House of Representatives. Hearing on the writ is scheduled for Wednesday.

Rights situation improved after democracy: INSEC

A right organization has said that the Human Rights situation has significantly improved in the country after the establishment of democracy after the end of direct rule of King Gyanendra.

The annual publication of Informal Sector Service Center (INSEC) ‘Human Rights Yearbook 2007’ said that nine persons were killed by the state during the hundred days of Loktantra while 11 persons died at the hands of Maoists.

The report further said that 313 persons were killed by the state during the 15-month long direct rule of the King while Maoists killed 256 people.

“Based on the data of initial three months of democratic government, it can be said that the situation of human rights improved after the establishment of Loktantra,” the book said.

The report however had not included the situation of rights violations during the recent unrest in the Terai region.

Speaking at the programme CPN-UML general secretary Madhav Kumar Nepal has said that Loktantra provided opportunities for the people while it was the state's duty to assure them the opportunities. He stressed on the need to shorten the transitional period.

Narahari Acharya, Central Committee Member of Nepali Congress said that Loktantra should first of all ensure human rights. Acharya further said that the state should protect ethnic, cultural entities.

Former member of National Human Rights Commission member Sushil Pyakurel stated that those recommended for action by the Rayamajhi Commission should be charged with criminal offence.

The commission led by former Justice of the Supreme Court Krishna Jung Rayamajhi recommended for action against 202 people for their role in suppressing the April movement.

Eight parties agree to amend interim constitution

The ruling seven party alliance and the Maoists today arrived at a consensus to amend the interim constitution as per the Prime Minister's address to the nation.

A meeting of the eight parties at the Prime Minister's residence in Baluwatar this morning agreed to amend the interim constitution in order to constitutionally guarantee the federal structure of the state and add election constituencies as per the population growth. However, the number of existing constituencies will not be reduced.

Emerging from the meeting, leaders said the decision of the eight parties would be presented at Sunday's session of the legislative parliament after approving it from the cabinet meeting scheduled for 2.00 pm today.

Top leaders of the eight parties participated in the meeting.

Prime Minister Girija Prasad Koirala in his second address to the nation promised to amend the constitution to incorporate federal structure of the state and to add the number of constituencies as per the population growth

Social exclusion, discrimination must be addressed: Sundh

Representative of the High Commissioner for Human Rights in Nepal, Lena Sundh on Saturday stressed on addressing all social exclusion and longstanding discrimination against any Nepalis, including Madhesis, Dalits, indigenous peoples, communities such as Badis, groups such as ex-Kamaiyas, people with disabilities and sexual minorities.

In a speech delivered Saturday morning in Birgunj, Sunch called for a peaceful resolution of the issues that sparked unrest in the Terai in recent weeks. Distinguished guests, friends,

Sundh was in Birgunj this weekend to see for herself the situation in one of the towns in the Terai affected by violence in recent weeks, and to better understand human rights concerns here.

In a press statement issued by the OHCHR-Nepal, Sundh was quoted as saying, "OHCHR-Nepal and the High Commissioner for Human Rights herself, who visited Nepal in January, have been extremely concerned about the violence and the many deaths and injuries that have occurred. I note that those who have been protesting have succeeded in gaining the attention of the Government of Nepal and I would insist that only peaceful means should be used to advance their concerns."

Expressing her sincere condolences to the victims of the violence and families of those who died, Sundh said, "The High Commissioner has committed her Office to support the peace process through the monitoring of all human rights aspects of the Comprehensive Peace Agreement throughout Nepal. OHCHR-Nepal will continue to give priority to its monitoring and preventive protection activities in the regions and districts, especially those districts where the human rights situation is more volatile."

Stating that her office to have given the highest priority to monitoring the situation in the Terai, the OHCHR representative was further quoted as saying, "Our mobile teams have been investigating abuses which have occurred throughout the region. They have also been attempting to defuse tensions and prevent abuses and violence through dialogue and advocacy with local authorities, police and protest organisers. These activities have been carried out in the broader context of OHCHR-Nepal’s work to advocate for an end to discrimination and for appropriate representation for all excluded groups in the peace and electoral processes."

Sundh also made it clear that it was not an easy task to address and change such deep seated discrimination and could not be completed overnight; however, she added that by acknowledging the problem in the Comprehensive Peace Agreement, the parties have opened the way to change. "This commitment must be followed up with practical measures during the ongoing transition process to ensure that those peoples who have been traditionally left out of the political process are able to participate equally in shaping the new Nepal," she said. Sundh stated that OHCHR-Nepal will work with the incoming government and civil society organisations representing marginalised communities to assist in the development of measures that can begin to eliminate discrimination in Nepal. Expressing concerns over the human rights abuses, she said, "OHCHR-Nepal is focusing on two other crucial issues in the transitional period that we believe must be addressed in order to ensure that there will be no further human rights abuses in Nepal." "Impunity must end, especially for serious human rights abuses. Those who hold positions of power and public responsibility must be accountable to the public, not least the State security forces. It is essential to create a new culture within the security forces, including any new or reformed forces, of being accountable before the law, to ensure that human rights violations are not repeated," Sundh said.

Underscoring the importance of the partnership between OHCHR-Nepal and human rights defenders, Sundh said, "Without them we would not be able to do our work. We will continue to strengthen this partnership that has developed since OHCHR-Nepal began its activities."

Parties busy discussing details of constitution amendment

The political parties are busy discussing the nitty-gritty of amendment proposals to introduce necessary changes in the interim constitution incorporating the demands of Madhesi, Janjati and other communities.

The meeting of the Central Working Committee (CWC) of Nepali Congress started at Baluwatar this morning. The meeting is expected to come up with concrete proposals regarding how to incorporate the demands of Madhesi and Janjati people and the address made by the Prime Minister, in the interim constitution.

Likewise, the standing committee of the Unified Marxist Leninist (UML) is also going to meet this afternoon to discuss the same issue. The United Leftist Front will also hold its meeting today. Reports say there are possibilities of top leaders of four parties meeting today to discuss the issue of amending the constitution.

The parties are busy in their internal homework regarding the amendment of the interim constitution as per the decision of the cabinet on Friday to let the eight parties finalise the amendment proposal before cabinet approves it and introduces it formally at the interim parliament.

Govt unveils competition law

The government on Wednesday unveiled the competition law, which for the first time has dealt at length with anti-competitive practices and prescribed stringent actions against practitioners of undue business nexuses and unethical practices.

The spirit of the law is to promote self-discipline among business players, said Prachanda Man Shrestha, joint secretary at Ministry of Industry, Commerce and Supplies (MoICS) referring to the new Competition Promotion and Market Protection Act.

But, if companies still resorted to activities that distort market, and hurt competitors and consumers' interest, they would face stringent action from the state. “Its objectives are to discourage wrongdoers and safeguard consumers and genuine players as well,” added Shrestha.

Likewise, the Act has for the first time cushioned consumers and business competitors with compensation measure in case they suffer loss and damage due to anti-competitive practices.

With the enactment of the law, tied selling, bid rigging, cartel, collective price fixing, market restrictions, dial-system, market segregation, undue business influences, syndicate and exclusive dealing has now officially become illegal activities in the country.

It has also restricted companies from exercising malafide investment and business takeovers and sales of inferior quality goods.

Companies henceforth have been barred from taking over more than 50 percent shares of companies in the same business in case it establishes their monopoly in the market. “In case of defiance, a fine of up to half million rupees will be slapped,” says the Act.

The Act further states that firms resorting to bid rigging will be fined up to Rs 300,000 and those trying to establish monopoly will be slapped Rs 100,000.

In case of attempts of market restrictions, companies will be fined up to Rs 50,000. Likewise, tied selling and activities of misinforming consumers can be fined up to Rs 25,000.

The Act has set fines not just for the companies. Even consumers and parties who lodge complaints against the business firms without substantive grounds could be fined Rs 10,000.

“This provision has been incorporated to check ill-intended actions against companies,” said Harish Chandra Dhungana, an advocate at a program organized to disseminate the Act.

Experts and consumer rights activists speaking on the occasion said the Act was fairly balanced. But they expressed skepticism over its effective implementation.

ICRC to publish names of 800 missing persons

The International Committee of the Red Cross (ICRC) has sought to clarify the status of 800 missing persons whose name it will be publishing shortly.

The list of names of more than 800 persons reported missing by their families is to be published on February 15 in Nepal by the ICRC in an attempt to obtain information on their fate.

"ICRC has the names of more than 800 people who remain unaccounted for in the wake of the armed conflict. The families of these missing persons suffer intolerably from not knowing what has happened to their loved ones and they have the right to know", stated Mary Werntz, Head of the Delegation of the International Committee of the Red Cross (ICRC) in Nepal.

Under international humanitarian law, all parties to the conflict must take all feasible measures to account for persons reported missing as a result of the armed conflict and must provide their families with any information they have on their fate.

"I appeal to all families anxiously waiting for news of their missing relatives and to anyone else who may know about the fate of a person who remains unaccounted for to check our list. If your missing relative is not on the list, or if you have any information about the fate of anyone on the list, please contact the nearest Red Cross office and make sure it is informed" said Werntz.

"Since it began work in Nepal in 1998, the ICRC has regularly submitted all requests concerning missing persons to the parties to the armed conflict and demanded that families be told about the fate of these persons. The ICRC and the Nepalese Red Cross are firmly committed to pursuing their efforts on behalf of the families and to seeking to alleviate their suffering," states a press release issued by ICRC on Wednesday.