Case in Supreme Court on Upper Karnali Hydroelectric Project

I read a news here published by kantipur and for me, this news is deeply annoying and frustrating. I feel that the court must have outrightly rejected the petition citing without merit on the petition. The matter relates to a contract awarded to an Indian Company by the government of Nepal after a competitive bidding process.

As per the news report, the petitioners have claimed in their petition that the contract awarded to the Indian Company is violative of constitution as water, as a natural resources, have been passed to foreign alien without any ratification by the parliament.

The claim of the petitioners is as follows:

B.C. and Rawal moved the court with a Public Interest litigation (PIL), accusing the government of violating Article 156 (1) (2) (D) and (3) of the Interim Constitution while awarding the project to GMR early this year.

They argued that the constitutional provisions require an approval from a two-third majority of the lawmakers in the parliament prior to inking any agreement on natural resources, but the Upper Karnali agreement was signed without meeting the constitutional requirements.

For me, it is simply the abuse of process of law by the petitioners or lack of knowledge of globalised commercial law. What we should understand here is that this is just a commercial contract between government and another party. And, there will be enough safeguards in the contractual agreements between the parties. There are obviously terminating clause in the contract that take care of any such situation when our natural resources are affected. There is no need of making hue and cry and to show nationalistic feelings. We should understand that government has not sold our territory, nor handed over any land/water to the foreigners. It is in plian legal language a lease-in word as well as in substance. There, what is the need of creating obstacles. If we start taking narrow approach, then, it really hampers our development.

“One simple question to petitioners: Are they going to file Public Interest Litigation (PIL) against government for not making dam and not obstructing the flow of rivers which eventually goes to mix in Bay of Bengal? My learned brothers, please look at there, water-our natural resources- is flowing down to south to foreign land and Our Parliament has not passed any such resolution.”

I feel the petion is plainly vague.

The Supreme Court on Friday issued a show cause notice to the government regarding the latter’s agreement with India’s GMR Energy Ltd on the 300 MW Upper Karnali Hydroelectric Project.

Besides, the Supreme Court said that it would hold a discussion on March 7 on whether the implementation of the agreement should be stayed, as demanded by writ petitioners Gorakh Bahadur B.C of Kalikot and Ram Singh Rawal of Surkhet, while summoning the defendants to be present before it on that day.

B.C. and Rawal moved the court with a Public Interest litigation (PIL), accusing the government of violating Article 156 (1) (2) (D) and (3) of the Interim Constitution while awarding the project to GMR early this year.

They argued that the constitutional provisions require an approval from a two-third majority of the lawmakers in the parliament prior to inking any agreement on natural resources, but the Upper Karnali agreement was signed without meeting the constitutional requirements.

Justice Balram KC passed the order after an initial hearing on Friday.

Office of the Prime Minister, Ministry of Water Resources, Ministry of Environment, Science and Technology, Ministry of Finance, Parliamentary Committee on Natural Resources and Means, Parliamentary Finance Committee and Department of Electricity Development have been made defendants in the case.

Need of Rule of Law in Nepal

Here is a News Report from Kantipur that says that Donors in Nepal pointed out the need of Rule of Law.

In order to create the right atmosphere for a credible and successful election and to improve public security, all parties must abide by the rule of law and refrain from impeding impartial law enforcement, said the government and donors.

After the deliberations at the two-day Nepal Donor Consultation Meeting that concluded Friday, they issued a joint communiqué agreeing to ensure the urgent discharge – properly supported – of minors from cantonments at the earliest.

They also agreed to pursue discussions on the future of the armed forces in line with the existing agreements.

The communiqué stated that they agreed to ensure government and development partner resources reached the people who needed them the most.

Speaking at the concluding session of the meeting, Finance Minister Dr Ram Sharan Mahat said the government expected that assistance from international aid agencies would not be limited to the usual level but go up significantly.

“Meeting the people’s aspirations in the current transition period and sustaining democracy requires a sound economy. For this to happen, we need international assistance considering the government’s resource constraints,” he added.

The government and its development partners will continue to push forward development of roads by connecting the remaining 12 districts by a road network, the communiqué said.

On the urban front, the development partners will support Nepal to improve roads, water supply and sanitation in 29 small towns.

Regarding education, they pledged to help in the construction of 9,000 new classrooms and the employment of 13,000 new temporary teachers.

The donors and the government both emphasized the need for maintaining macro-economic stability, improving the investment climate, regional integration and accelerated inclusive growth and adapting to climate change.

Throughout this complex transition, they said, they would work together for peace, nation-building and capacity-building of the state institutions for the development of Nepal.

They also agreed that after the CA election, a full Nepal Development Forum would be held when the international community could discuss support in the light of progress with implementation. Speaking at a press conference, World Bank country director Sue Goldmark said they would work to provide tangible benefits to the public by interconnecting peace and development.  Bella Bird, head of DFID Nepal, said peace and development should go hand in hand. “The most important factor in development is implementation,” she added.

At the meeting, donors also expressed concern over the fuel shortage, load-shedding and other economic problems.< POST REPORT

KATHMANDU, FEB 22

In order to create the right atmosphere for a credible and successful election and to improve public security, all parties must abide by the rule of law and refrain from impeding impartial law enforcement, said the government and donors.

After the deliberations at the two-day Nepal Donor Consultation Meeting that concluded Friday, they issued a joint communiqué agreeing to ensure the urgent discharge – properly supported – of minors from cantonments at the earliest.

They also agreed to pursue discussions on the future of the armed forces in line with the existing agreements.

The communiqué stated that they agreed to ensure government and development partner resources reached the people who needed them the most.

Speaking at the concluding session of the meeting, Finance Minister Dr Ram Sharan Mahat said the government expected that assistance from international aid agencies would not be limited to the usual level but go up significantly.

“Meeting the people’s aspirations in the current transition period and sustaining democracy requires a sound economy. For this to happen, we need international assistance considering the government’s resource constraints,” he added.

The government and its development partners will continue to push forward development of roads by connecting the remaining 12 districts by a road network, the communiqué said.

On the urban front, the development partners will support Nepal to improve roads, water supply and sanitation in 29 small towns.

Regarding education, they pledged to help in the construction of 9,000 new classrooms and the employment of 13,000 new temporary teachers.

The donors and the government both emphasized the need for maintaining macro-economic stability, improving the investment climate, regional integration and accelerated inclusive growth and adapting to climate change.

Throughout this complex transition, they said, they would work together for peace, nation-building and capacity-building of the state institutions for the development of Nepal.

They also agreed that after the CA election, a full Nepal Development Forum would be held when the international community could discuss support in the light of progress with implementation. Speaking at a press conference, World Bank country director Sue Goldmark said they would work to provide tangible benefits to the public by interconnecting peace and development.  Bella Bird, head of DFID Nepal, said peace and development should go hand in hand. “The most important factor in development is implementation,” she added.

At the meeting, donors also expressed concern over the fuel shortage, load-shedding and other economic problems.

Again, another report from Kantipur which reports the National Human Rights Commission Report and whose conclusion that there is a gross human rights violation in Nepal.

Unveiling its first report on the human rights situation in the tarai since the start of the ongoing agitation, the National Human Rights Commission (NHRC) said it has documented “gross human rights violations” in eleven troubled tarai districts and has urged the government and concerned parties to ensure people’s basic human rights there.

“People have been deprived of their basis right to life in the districts. What will you call it if not gross human rights violation?” said Yagya Adhikari, chief of the protection division of NHRC, while making public the report at a press meet at NHRC headquarters in Lalitpur.

According to NHRC, the ongoing agitation in tarai has affected daily wage-earners, shopkeepers, educational institutions, industries, transportation and people of all walks of life. Besides, it has seriously curtailed people’s right to free movement and enjoyment of other fundamental rights, Adhikari said.

Adhikari informed journalists at the press conference that two people were killed allegedly by police and 276 injured till date in the course of the ongoing tarai movement.

“The environment is not conducive for human rights defendants to work fearlessly,” said Madhav Gautam, an NHRC officers who visited some troubled districts to prepare the report. The report has documented human rights situation of Bara, Parsa, Rautahat, Sarlahi, Mahottari, Dhanusha, Saptari, Siraha, Morang, Sunsari and Banke.

Even vehicles of the Office of the UN High Commissioner for Human Rights (OHCHR) and United Nations Mission in Nepal (UNMIN) have been targeted by demonstrators in some places, according to the report. “NHRC condemns the attacks,” said NHRC Chairman Kedar Nath Upadhyay.

Upadhyay further said the national human rights watchdog was concerned by the current crisis of petroleum products and daily consumer goods.

NHRC, in its report, added that security situation in the tarai districts has improved comparatively after the deployment of Special Task Force. “But we have found excessive use of force by the Task Force in some places,” said Gauri Pradhan, a member of NHRC.

In the meantime, NHRC has urged agitating political parties not to use children in their protest programs, while accusing them of forcing minors to participate in their programs.