Ojha panel summons RCCC chairman, members

A commission formed under the chairmanship of former Appellate Court judge, Madhav Prasad Ojha, today summoned chairman of the disbanded Royal Commission for Corruption Control, Bhakta Bahadur Koirala, and RCCC members to record their statements on their role in suppressing democratic activities.

The commission has asked Koirala to present himself before the RCCC on January 8 to record his statement why he had taken illegal action against democratic leaders. “We have found
that the RCCC officials acted against the leaders illegally and improperly. That’s why they have been summoned,” a member of the Commission, Ram Prasad Gaudel, told .

The commission has requested the Judicial Council to order appellate court judge Shambhu Bahadur Khadka to present himself before the commission on January 4, as he had worked as RCCC’s secretary. “Khadka is a judge of Dipayal Appellate Court and we cannot directly summon him,” Gaudel added. The commission believes that Khadka had played a vital role in the action taken against several democratic leaders and persons and had hatched conspiracies to tarnish the image of democratic leaders.

The commission has also summoned RCCC member Shambhu Khanal to record his statement on January 4. Two RCCC members, Raghuchandra Bir Singh and Hari Babu Chaudhary, have been told to to be present on January 5. Another member of the RCCC, Prem Bahadur Khati, has been summoned for January 7.

The commission members have condemned the government for not providing them with sufficient facilities, staff and vehicles. They said that had been affecting the activities of the commission.
The Ojha Commission’s term expires in three weeks.

Nepal bars Nigerians’ entry

Nepal's Immigration Department has asked the Nepali Embassy and foreign missions here not to issue visas to citizens from four African nations to visit Nepal.

According a letter signed by department director Durga Prasad Pokhrel, nationals of Ghana, Nigeria, Zimbabwe and Swaziland will not be issued Nepali visas “due to their suspicious activities in Nepal”.

However, diplomats and government officials of the four nations will be issued visas, the letter added.

Protocol section of Foreign Ministry in Nepal had circulated the letter to all embassies and foreign missions on December 31.

Stringent anti-trafficking law in offing

The government has registered an anti-trafficking bill at the Parliament Secretariat with an aim to check human trafficking.The Bill has made a stringent provision of 20 years’ imprisonment and a fine of up to Rs 1 lakh for a trafficker. Clause 15 of the Bill states: “One who is found involved in buying or selling of human beings will be imprisoned for 20 years and fined up to Rs 1 lakh. Those found guilty of forcing anyone to take up prostitution shall be sentenced to 10 to 15 years in prison and fined Rs 50,000 to Rs 1 lakh.

”It also has a provision of 10-year jail term and a fine between Rs 2 lakh and Rs 5 lakh for those found guilty of trading human parts. Those found guilty of forcing people to work against their will shall be imprisoned for three months to two years and fined Rs 50,000 to Rs 1 lakh.The Bill also has a provision to punish brothel visitors by slapping a jail term of one-three months and a fine of Rs 2,000 to Rs 5,000.According to the Bill, those found guilty of taking women abroad for the purpose of prostitution shall be sentenced to 10 -15 years in prison and fined Rs 50,000 to Rs 100,000. “If it involves a child, the culprit shall be sentenced to 15 to 20 years in prison and fined Rs 1 lakh to Rs 2 lakh,” states Clause 15 of the Bill.

The Bill also has a provision to punish a culprit involved in transporting human beings for the purpose of exploitation, including prostitution, within the country. The accomplices of traffickers shall get half the punishment slapped on the main criminal.“If a trafficker happens to hold a public post, he/she shall be charged 25 per cent additional fine and shall spend 25 per cent more time in prison,” states Clause 15 (2).The Bill, however, protects a victim even if he/she injures or kills his/her tormentor in the course fleeing. The Bill states that a victim should be given 50 per cent of the fine slapped on a trafficker as compensation. Anyone who informs the authorities about the crime shall be entitled to 10 per cent of the fine.The Bill, which was registered at the Parliament Secretariat yesterday, will be tabled in the House soon.

mainwhile The government tabled Nepal Law Commission Bill in the House of Representatives on Monday. It aims to promulgate, review and amend laws in the country. The government has proposed that the NLC would be set up in Kathmandu valley. The proposed commission will be led by a retired justice of the Supreme Court with five other members. The government can nominate up to five honorary members in the commission.It has to submit its report to the council of ministers every year.

SC Questions Witness in Sobhraj Case

The Supreme Court on Monday recorded the statements of a former police officer and a driver who reportedly saw Charles Gurumukh Sobhraj in Nepal in 1975.Former SP Chandra Bir Rai, 79, and driver Purna Bahadur Maharjan, 67, told the apex court that they had met Sobhraj then and that Sobhraj was involved in the murder of two foreign nationals.Rai had interrogated Sobhraj in 1975 in the murder case and later reported the Ministry of Home Affairs, seeking his extradition from India and Maharjan had driven him in Kathmandu in a car belonging to Gorkha Travels.

"Sobhraj had visited Nepal then; his claim that he did not visit Nepal before 2003 is false," Rai told ."He had visited Nepal several times and we had interrogated him in connection with the murder of American national Connie Jo Bronzich and Canadian National Laurent Armand Carriere," Rai said."At that time we had a strong belief that foreigners are not questionable. On the other hand, Sobhraj showed good behaviour that made us think initially that he might be innocent. But, later after we got information about him, we reached the conclusion that he had committed the crime," he added.

"We had gathered evidence that he had visited Nepal after killing Henricus Bintanja in Thailand," Rai claimed. "It has been proved that criminals cannot escape unpunished from Nepal, and our record-keeping system is also strong," he said.

Maharjan said: "Though I cannot remember all the events, I can at least remember Charles Sobhraj's face."A division bench comprising Acting Chief Justice Kedar Prasad Giri and Justice Sharada Prasad Pundit is hearing the case.

Interim Statute Provision on CJ Principally Wrong: CJ Poudel

Chief Justice (CJ) Dilip Kumar Poudel today said that the provision in the interim statute to appoint the Chief Justice on the recommendation of Constitutional Council was principally wrong even though it may not affect the judiciary until there is no political interference.Talking to reporters at the Tribhuwan International Airport upon his return from Russia, Poudel said he has no objection to present the annual report of the Supreme Court to the Prime Minister, but if it is discussed in the parliament it will raise questions over the independence and the impartiality of the court.CJ Poudel said he met the justices of St Petersberg, Belarus, and acquired information on the judicial system there, besides observing the Supreme Court and Constitutional Court of the Russian Federation, during his visit.Poudel said the judicial systems in Russia and Nepal were similar. “However, in Russia, political debates are looked after by the Constitutional Court and others by the Supreme Court,” he said. Poudel was on an official visit to the Russian Federation from December 21-26 at the invitation of Russian Chief Justice VM Levedev.CJ Poudel said during his meeting with NRNs he found that the Nepalis living there had a spirit to do something for Nepal and Nepalis.

Bar association calls for review of interim constitution

Nepal bar association has criticised finalized interim constitution for adopting executive supremacy.

The meeting of the executive committee of Nepal Bar Association (NBA) held on Sunday has pointed out to the flaws inherent in the interim statute.

The bar has concluded that the interim constitution needs to be amended as it has posed challenges before the independence of judiciary.

"The constitution adopts executive supremacy. Therefore, the proposed statute should be promulgated only after it is amended to enable the legislative to check the excesses of the executive," the bar has concluded.

The bar has issued a seven-point declaration expressing its commitment to continue working in favor of fully democratic system for the purpose of vesting full sovereignty in the people. Likewise, the bar has also called for changes in the interim constitution to enable the retrospective effect of laws so far they are concerned with crimes against human rights.

The bar has called for immediate publicising of the Rayamajhi Commission report. The bar has also deplored the capital punishment against Saddam Hussein and has called for total ban of death penalty all over the world.

With the latest assertion of the bar association, the interim constitution which has already been finalised but is yet to be promulgated has fallen into controversy at a time when the Maoists are demanding its immediate promulgation.

Proposal to Amend Working Journalist Act Presented

The task force formed to amend the Working Journalist Act 2051 presented a draft proposal to the government on Sunday.The proposal states that employers should hire journalists only through free competition and have to give them appointment letters.Coordinator of the task force, Kashiraj Dahal, presented the proposal.It has secured the rights of journalists to get organised according to the Trade Union Act.

"We urge the government to amend the Act based on the proposal as it was drafted after holding a series of discussions and interactions," Dahal said in the proposal.Once the Act is amended, all employers will have to send detailed information of their employees to a Press Registrar, who will keep an updated record of working journalists and will also monitor the employees.The registrar will have rights to fine as much as Rs 25,000 to any media organisation, which violates the act.

The registrar can also take action against the media organisations that violate the act by not providing them press passes, not including them in press classification, prohibiting government grant or advertisement, excluding journalists working in such organisations from foreign trips and preventing such organisations from importing communication equipment.

Each media organisation can frame its own bylaws on services and terms for working journalists, but they should not be in violation of the act.

SC notice on coat of arms issue

The Supreme Court on Sunday issued a show-cause notice in the name of the defendants in response to a writ petition, calling for repealing of the new Coat-of-Arms the government is bringing into use as it is inconsistent with the Constitution. The order to this effect was issued by the single bench of SC judge Khilaraj Regmi.The writ petition lodged by advocate Bhupendra Prasad Pokharel states that the Coat-of-Arms could be changed only through the Constitution.

The writ petition has named the PMO and Council of Ministers also as the defendant.

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The transitional period will be difficult to manage by this constitution: Acharya


The leaders of ruling seven party alliance and the Maoists recently finalized the interim constitution. The constitution will be promulgated once the United Nations starts monitoring of Maoist combatants. Though the mandate of the Jana Andolan (People’s Movement) II is to make a new Nepal, the constitution finalized by the political parties has failed to reflect the people’s aspiration expressed during the April movement. Constitutional experts have defined the constitution, which is the fundamental law of the country, as a document of compromise rather than a constitution. The interim constitution established supremacy of politics, neglecting the supremacy of constitution, the internationally recognized principle. In this regard, there is a fear whether the Nepali people, who just got rid of royal autocracy, might face another type of autocracy. In this context, Pratibedan Baidya talked about various aspects of interim constitution with the Constitutional Lawyer Bhimarjun Acharya.(source of this interview is Nepalnews.com )

How do you analyze the recently finalized interim constitution?

This constitution is not based in the format of a normal constitution and many of its provisions are controversial. Some of the provisions are against the interest of the nation as well. The constitution does not have any destination, so I have said this constitution has more politics, little constitution. It will be very difficult to manage the transitional period by this constitution and it won’t be able to take the nation towards the proper destination through the election of the constituent assembly.

What types of controversies do you see in the constitution?

The constitution is full of controversies. For instance, the controversy starts from the preamble itself. Every constitution carries the source of authority and objectives in the preamble, but these things are not clear in this constitution. The source of authority of the present constitution is the Jana Andolan (People’s Movement) II but the preamble has not mentioned it and the objectives are also not clear.

In Article 4 of the constitution, holding elections of the constituent assembly by mid-June 2007 was placed under the liability of the state, but under the chapter of election of the constituent assembly, it says that the government will decide the date for the elections of the constituent assembly.

The constitution has adopted the independence of judiciary and pluralism as basic principles of the state, but there is also a provision that the Prime Minister will appoint the Chief Justice, which is controversial. Though the constitution has the provision for corruption control and ending of impunity, there is a provision of pardon in Article 151, which will promote impunity and there is no mechanism for ending corruption.

Under the chapter of the Executive, the constitution has adopted the parliamentary system but it has named Prime Minister as the head of the state and the head of the government, which is not possible in parliamentary system.

The basic difference between the parliamentary and the presidential system is that in the presidential system, one person is made both the head of the state as well as the government, but in a parliamentary system, the same person cannot be the head of the state and also the head of the government. The interim constitution had adopted the parliamentary system but made Prime Minister as the head of the state as well as the head of the government.

Another point is that the constituent assembly is the sovereign body and it can decide the framework of new Nepal, but the constitution has assumed that there will be parliamentary system even after the election of the constituent assembly, which is totally wrong. Article 82 of the constitution has mentioned that the constituent assembly will be dissolved after the constitution drafted from the CA comes into force, but it also has the provision that the CA might work till a new legislature is formed, so how can the constitution predict that there will be parliamentary system even after the new constitution comes into force.

Is it appropriate that the PM should be the head of the state as well as the head of the government?

No, it’s totally wrong in the parliamentary system. The constitution has adopted the principle of parliamentary system, but the provision of PM being head of the state and government was included, which is not correct.

As per the provision of this constitution, the Prime Minister will be the head of the state and the government, which means there is no role for monarchy. If the constitution does not give recognition to the crown, there will be no monarchy in the country. However, this constitution also has the provision that the first meeting of the election of the constituent assembly will decide the fate of monarchy, which is quiet ridiculous.

The constitution has ended the monarchy and parliamentary system of the country.

Will the provision create problems even after the election of the constituent assembly?

Yes, the situation will be complex after the election of the constituent assembly. The first provision is that the Prime Minister will be appointed through consensus, but if that does not happen, the leader of the political party with majority will be the Prime Minister, who might misuse his power. The misuse of power is one concern, but there is also confusion in principle as to what kind of government it will be.

How do you view incorporating education, health, employment and social security as fundamental rights?

The interim constitution has included free education, health, employment and social security as fundamental rights, but it has also mentioned that such provisions should be as mentioned by laws, which is against the principle of fundamental rights. Fundamental rights are the rights, which the state should provide immediately; otherwise, such rights would only be legal rights. So inclusion of such rights as fundamental rights seems noble but such rights are not guaranteed as fundamental rights.

It is said that the interim constitution has undermined the judiciary. What is your comment?

There are various objectionable clauses regarding judiciary in interim constitution.

The first thing is that the Prime Minister will be appointing Chief Justice under the recommendation of constitutional council, which is heavily dominated by the executive. If the Prime Minister is to appoint the CJ, there will not be independence of Judiciary.

The Supreme Court is the body, which corrects the wrongdoings and reviews the unconstitutional works of the Legislature and Executive while protecting the encroachment of fundamental rights of the people. If the Prime Minister appoints the head of such institution, how can he review such cases? So the provision is against the independence of Judiciary.

Another thing is that as per the provision of the constitution, all the court’s decision and the annual report of the Supreme Court could be discussed in the parliament, which is also against the principle of independence of Judiciary. Such provision will invite crisis in the Rule of Law and enjoyment of fundamental rights of the people.

Why do you think the constitution came in such a format and how is it not democratic?

It is unfortunate that the constitution was prepared by leaders of political parties and not legal experts. Leaders should have only given framework for it but not prepare it.

One of the characteristics of this constitution is the supremacy of politics rather than supremacy of the constitution. For example, Article 86 of the constitution states that no voice should be raised against the decision of the legislature and if someone does so, s/he can be detained for three months or fined 10 thousand rupees and there shall be no review of the punishment.

The constitution has imagined such despotic legislature, which is objectionable. The constitution lacks constitutional supremacy, which is the universally accepted principle.

Another objectionable principle is the provision of pardon. In any penalty given by any court, judicial or semi-judicial authorities, the cabinet may give pardon. Based on this provision, pardon can be given against the people who were found guilty by the report of the Rayamajhi Commission. Similarly, there will be no punishment for violation of human rights and humanitarian laws in course of the 11-year long Maoist insurgency.

The provision of pardon mentioned in Article 151 of the constitution will institutionalize the impunity.

Similarly, all people will get citizenship on the basis of birth, which is objectionable. The constitution also made the provision that all people who have naturalized citizenship will be eligible for the appointment in all constitutional bodies, which is against the national interest. The naturalized citizenship is given to foreigners, so under this provision, any foreign citizen will be eligible for the post of President, Prime Minister or Chief Justice of the country. I can’t imagine how the leaders, who received posts on the basis of people’s movement, included such provision in the constitution. It’s totally against the national interest.

As a constitutional lawyer, how do you evaluate the provision of constitutional council?

There is the provision of six members in the constitutional council, which is not correct, as the even number keeps no meaning in legal term.

Three members of the council will be appointed by the Prime Minister; if such a council recommends the name of the Chief Justice, the independence of the judiciary will be compromised. Independence of Judiciary is the international principle, but the constitution is trying to create controlled or committed Judiciary.

As, there will be majority of the Executive in the constitutional council, they can control the Judiciary, which is not acceptable in a modern state.

How do you see the provision for managing transitional period in the interim constitution?

Politics was made supreme in the interim constitution, which is not good as supremacy of constitution is related to the protection of people’s rights.

Supremacy of politics will not give a good result. Based on the interim constitution, the proposed constituent assembly will not give good results and the constitution to be formed from the constituent assembly will not be inclusive. There was no need of an interim parliament ahead of the constituent assembly polls.

I have studied around 40 countries where constitution was drafted from CA, but in all of them, there was no interim parliament. As far as Maoists’ inclusion in legislature is concerned, they could have been included through CA polls, so the interim parliament is just for the sake of give and take. If the CA poll is going to be held by mid-June 2007, why is there a need of interim legislature for less than six months? The interim legislature does not have authority to take decision about the interim constitution as well.

Another serious issue is that a person holding public post or receiving remuneration will be disqualified for being a candidate in the election, but the constitution has made the provision that elected and nominated people will be able to be the candidates, which means, a person who is a member in interim parliament will be able to fight the elections of the constituent assembly and member of the constituent assembly be able to fight for the next elections, which is against the electoral norms.

How do you see the provision of dissolving constituent assembly after the constitution formed from the CA comes into force?

The interim constitution has created the situation of vacuum in the country. As per the provision of the constitution, present HOR will be dissolved after issuing the interim constitution.

The interim legislature will endorse the interim constitution. The interim legislature will be dissolved after the first meeting of the Constituent Assembly and the Constituent Assembly will be dissolved once the constitution formed by Constituent Assembly comes into force.

There will be a vacuum till next legislature is elected, which is a blunder. As per the international norm, there should be provision that the constituent assembly should work till a new legislature is formed.

So, the constitution is not in the format of a constitution, it’s just like a political document. Another thing is that the 425-member constituent assembly is not appropriate as the number is not manageable. The mixed election system is also not a good concept.

Regulations published in Gazette

The Government of Nepal has published the Some Public Documents Certification Regulations 2063 BS in the Nepal Gazette published, Monday.

This is stated in the notice published by the Office of the Prime Minister and the Council of Ministers.

The regulations were published as per the authority given by the Some Public Documents, Certification Procedure Act 2063 BS.

As per the regulations, the certification of the appointment of the Chief Justice, Supreme Court Justices, Judicial Council Members, CIAA Chief Commissioner, Auditor General, PSC Chairman, EC Chief Commissioner, Attorney General, Appellate Court Chief Judge, or Judges, COAS, CIAA Commissioner, PSC Members and EC Commissioners, parliament Secretary General, Secretary of HoR, NA Secretary, and District Judges shall be certified by the Chief Secretary.

As per the regulations, Chief Secretary himself or the Secretary of the Office of the Prime Minister and Council of Ministers will give the appointment to the concerned officials.

The appointment letter of the Chief Judge of the Appellate Court and Judges and District Judges will be given by the Secretary of the Judicial Council.

Likewise, orders of the Government of Nepal shall be certified by the gazetted officer specified by the government while issuing the order.

Court order on LLM level admissions

The Supreme Court has issued interim order in the name of the defendant to keep the works related to admissions in the status-quo-ante.

The Supreme Court's order has come in response to a writ petition filed against the decision of the Nepal Law Campus requiring approval of leave from those wishing to study in the LLM level.

The order issued by a single bench of justice Min Bahadur Rayamajhi states that the defendant should be notified for being present in the discussion to be held in that connection on December 29.

Ten people, including employees of the Supreme Court have stated in the writ petition that Nepal Law Campus refused to enroll them in the LLM programme despite they having passed the entrance test.

The petitioners have demanded that the Campus' decision to that connection is rescinded and a mandamus issued for their admission to the LLM programme.

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NHRC moves to tackle cases backlog
As complaints of human rights violations have piled up at the National Human Rights Commission (NHRC), the commission has launched a special program to resolve the backlog of cases.
"The commission is planning to resolve all of the over 65,000 cases in the backlog by next September," said Dhruba Nepal, acting secretary at NHRC.
Under the special program, NHRC first collects all the cases from different districts and sends out a special team to a particular district to probe the complaints. The team stays in the district concerned until it has probed all the cases.
"Sometimes the team stays in the district concerned for a month and probes all the cases," Nepal said. The program, which has come into effect since November, has already settled the backlogs in Ramechhap, Dolakha and Sindhuli districts.
Previously, NHRC members used to prioritize the cases and send the team to the districts only for those special cases. "This way, many cases in many districts which didn't get priority were left unaddressed and their numbers kept on piling up," Nepal said.
With the number of cases reaching over 65,000, NHRC decided to settle the entire backlog so as to provide justice to the victims.
NHRC has received Rs.18.3 million from the Asia Foundation for the purpose. "It's a one-year program and we have expressed our commitment to reducing the backlog of cases as much as possible," he said.
NHRC, however, encountered new cases once its team visited the districts concerned. Besides this, NHRC has also faced a problem in identifying persons related to the cases. "When our teams visit the districts, sometimes the persons who filed the cases are not found in the area and it is difficult to recognize a particular person since the case could have been filed more than six years ago and the person concerned may have lost hope," he said.
NHRC encounters problems not only while probing the cases, but it also faces a crisis after a case is probed. NHRC, in the absence of its members, can't recommend to the government necessary action against the culprit once a case is probed. "This is also one of the reasons why the commission hasn't been able to resolve cases," said Nepal.
NHRC, after its members including the chairman submitted their joint resignation in May, has probed about 300 cases, but it hasn't been able to recommend to the government necessary action over them. The government's poor response to the recommendations, says Nepal, has also caused difficulty in carrying out further investigations. According to NHRC statistics, the government has implemented only 16 of the 147 recommendations made by the commission to date.

SC issues show cause notice

The Supreme Court has issued show-cause notice in the name of the defendants in response to a writ petition against the call for re-tender notice for ration contract.The Supreme Court also ordered that the bids said to be opened on December 28 should not be opened and kept in the status quo ante.A single bench of Justice Khila Raj Regmi issued the orders to that connection. It is stated in the order issued by the Bench that the bids set to be opened on December 30 should be kept in the status quo ante until an order in that connection is issued after holding discussion on the interim order.The writ has named, among others, the Bhairavi Dal Battalion of Rukum and the Quarter Master General (food and transport) as the defendants.

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Women against discriminatory laws
Women activists Tuesday said that the political parties should be sensitive to the discriminatory laws against women.Speaking at a talk programme "Future Strategy Meeting to Discuss Changes in New Laws and Challenges Ahead,"they said that all the non-governmental organisations working for the rights of women and the women representing different political parties should go hand in hand to abolish the existing discriminatory laws against women.Shova Gautam said that the laws recently amended by the government should not be implemented unless there is clarity in them. The political parties and the concerned non-governmental organisations hold discussions to clarify the issues.She stressed on awareness campaign right down to the rural areas to implement the existing laws at the local level, national level and international level. "Otherwise changes may take place in policy but there will be no difference in implementation level.

Member of Parliament Kamal Pant said that there should be 33 per cent participation of women in all fronts of the nation for the restructuring of the nation.The objective of the popular movement would not be achieved unless the government included the women and indigenous people in the task of nation building.

Advocate Sharmila Shrestha of Pro Public called for review of the existing laws in national and international level and awareness campaign on the impact of existing laws.She said there should be the advocacy and lobbying with decision-makers and the dialogue with concerned authorities to disseminate information on the existing laws.

President of the Forum for Women, Law and Development (FWLD) Sapana Pradhan Malla citing a study "The Discriminatory Laws against Women and its Impact"said that 173 different laws of the country were still against women.

Detainees file case

Two detainees have jointly filed a case seeking compensation from police at the Lalipur District Court on tuesday. Detainees Gam Bahadur Gurung and Min Bahadur Gurung filed the case as they were allegedly charged of killing one Krishna Bahadur Thapa Magar. The two have been detained in Nakkhu Jail.The detainees’ duo have filed the case through the jail and charged the defendants for wrongly implicating them in the murder case.

They have claimed that the police had implicated them as they were common people. They have sought Rs 1 crore as compensation from the police officials. Gam Bahaudr Gurung has claimed that he was a driver of Subhatara Bording School and Min Bahadur was an employee of Rajmani Transfer Private Limited.

Legal reforms stressed to check social crimes

The desired success regarding the cases registered at the court has not been attained owing to the lack of direct involvement of public prosecutors in the investigative works of the cases. The public prosecutors are not being able to achieve success in the cases though they are major component of criminal judicial administration as the role of advocacy and lobbying in deciding the cases registered in the court is only coordinating. Various speakers stressed on the need of bringing about reforming measures in existing laws for the prevention of social crimes, protection of human rights, providing justice to the victims, and establishing rule of law. It was stressed at a regional annual task review and training programme of government legal practitioners organised here from today. Attorney General Yagyamurti Banjade said the real victims would only get justice and social crimes would be prevented only when reforms brought in investigation process with a view to removing legal loopholes. Acting Chief Judge of Appellate Court, Pokhara Mohan Prasad Ghimire said the cases are not successful if appropriate examinations would not be carried out in the lack of public prosecutors in the investigation. Also speaking at the programme were Legal Reforms Council Secretary Mohan Banjade, Nepal Bar Association Vice-chairman Bishnu Kushal Bhujel, Nepal Legal Practitioners Council Member Hari Subedi, Appellate Bar Association, Pokhara Chapter Chairman Phadindra Koirala, Deputy inspector General of Police (DIGP) Ramesh Kumar Shrestha and others.

Judiciary acted under royal duress: Ex-acting CJ

Former acting Chief Justice Bhairav Prasad Lamsal on monday told the Investigation Commission headed by former Appellate Court Judge Madhav Prasad Ojha that the royal regime had directly or indirectly pressurised the judiciary.Lamsal, currently an ex-officio member of the Judicial Council (JC), apprised the Commission, that has been investigating into the alleged use of excessive force by the dissolved Royal Commission for Corruption Control (RCCC), of the intervention by the royal regime in the judiciary. “The RCCC had worked as if it was above the Supreme Court and it had arrested the District Court Judge Birendra Kumar Karna,” a member of the Commission said quoting Lamsal.

Lamsal attended before the commission and recorded his statement today. “I had not given permission to the RCCC to arrest the judge,” Lamsal claimed. He also told the Commission that without his permission, the RCCC had quoted him in a fraudulent manner while prosecuting judge Karna in a corruption case. Lamsal also added that the RCCC had encroached upon the authority of the Judicial Council while taking action against Karna. “It was the jurisdiction of the Judicial Council and not the RCCC to take action against any judge,” a member of the Commission Ram Prasad Gaudel quoted Lamsal as saying. “I told them to send the case to the Judicial Council, but they did not do so,” Lamsal added.This was the first time an ex-officio member of the JC has been interrogated by any panel.

“The RCCC worked as if it could overrule the apex court’s verdict,” Lamsal said. RCCC’s Investigation Officer and Spok-esperson Prem Raj Karki claimed they had worked as per orders from above. The Commission interrogated Investigation Officers Krishna Prasad Sapkota, Pratap Sharma Paudel and Rajendra Prasad Pokhrel.

41 candidates in fray for Bar poll

A total of 41 candidates are in the fray in the election of the Nepal Bar Association Central Working Committee going to be held on January 13, 2007. The election is taking place for total 17 posts including one President, five Vice Presidents, one General Secretary, one Treasurer and nine Members. As per the final name list published by the Nepal Bar Association Central Election Committee, 2006, four candidates have filed their nominations for the post of President. Accordingly, senior advocate Basanta Ram Bhandari from the Democratic group, senior advocate Bishwakanta Mainali from the progressive and professional group and advocate duo Trilochan Gautam and Taranath Dhungana from among the independents have filed heir nominations for the post of president. Similarly, a total of 11 nominations have been filed for the post of one Vice President from each of the five Development Regions. Among the 11 nominations filed so far, three are from the Eastern Development Region and two each from the Central, Western, Mid-western and Far-western Development Regions. Mrs. Ishwari Dahal who had given her candidature for the post of Vice President from the Central Development Region as an independent withdrew her name today. Similarly, Upendra Keshari Neupane, Raman Kumar Shrestha and Shyam Bahadur Shahi have filed their candidature for he post of General Secretary from the Democratic group, Progressive and Professional group and independent respectively. Prabhat Adhikari has filed his nomination for the post of Treasurer from the Democratic group and Sabita Bhandari Baral from the Progressive and Professional group. In the same manner, a total of 21 persons have filed their nominations for the post of Members. Of the total 21 candidates, nine are from each of the two groups and three are independents. Three of the candidates are women. According to Komal Prakash Ghimire, Chief Election Officer of the Bar Election Committee, the total number of voters is 9,500 including the senior advocates, advocates and para-legals. Arrangements would be made for some 40 polling centres throughout the country for the election that will take place on the same day. The Bar election takes place every three years for the election of a new Central Committee.

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Election Commission is waiting for laws

Chief Commissioner for Election Commission Bhoj Raj Ghimire on sunday urged the government to accelerate its preparation for formulation of relevant laws in order to hold the election of Constituent Assembly in time.

“The Election Commission now is in urgent need of at least five laws to function in a proper way. Without the laws, we cannot proceed,” he told mediapersons at Reporters’ Club. He said the commission could not carry on updating voters’ list without Voters’ List Law and certain other laws.

The commission is now confident that the transparent or plastic ballot boxes will be used in the constituent assembly elections. But, it has not decided on using electronic voting machines.

Ojha Panel Grills RCCC Officials

The commission headed by former Appellate Court judge Madhav Prasad Ojha, which was formed to investigate about the excessive force used by the disbanded Royal Commission for Corruption Control (RCCC), has begun interrogating officials of the dissolved panel.

"Today we began interrogating Prem Raj Karki, the investigation officer and spokesperson of the RCCC, and Tunga Raj Pandey, a water resource expert associated with the panel," said a member of the commission, Ram Prasad Gaudel, on Sunday.

He said the panel would summon the RCCC chief Bhakta Bahadur Koirala and other members once it finishes interrogating few other officers.
On December 21, the commission had summoned former acting Chief Justice Bhairav Prasad Lamsal who had allowed the RCCC to arrest Pyuthan District Court Judge Birendra Kumar Karna. Lamsal, however, has not attended before the commission until today. "We hope that he will attend tomorrow," Gaudel said.

The commission has given three days for Lamsal to attend the commission office and give his statement on why he allowed arrest of Judge Karna.