Legal Development in Nepal

This is a test Post

Posted in Uncategorized by nepaleselaw on September 4, 2009

I maintain many blogs in the web. I am focusing only in one blog these days. The theme of each blog is different but sometimes, I feel that the same blog post can be posted in different blogs depending on its theme and relevance. This blog post is just a test post. I am trying to post a single entry in my four different blogs at a time. For this, I have taken a help of Scribe fire developed by Firefox Mozilla. Let me see how I can do these postings at a time.

I will be back with my regular posts soon.

Rajib Dahal

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A New Post

Posted in Economic News, Recent News by nepaleselaw on April 18, 2008

From Many Days, this blog has not been updated because of many reasons. The main one was because of Constituent Assembly Election in Nepal. My eyes were glued to Internet and hours and hours I spent there updating myself from various websites.

This is a special blog and each and every news do not find place here. A special kind of News-that is news related to law and legal order will be covered. It seems that these days, nothing much is happening in court as well as I am not able to get any new legal story. Parliament is not there and no bill is discussed before New Parliament of CA is convened. Let’s watch that something good happens now onwards. In this blog entry, I have posted a blog related to Nepalese Economy.

Since Communist Party of Nepal (Maoists) have won this time. Their victory is overwhelming and very stunning and surprising. If everything goes well, they will be heading next government. So, there was kind of fear among the investors regarding the Nepalese Economy.

In this news, Comrade Prachanda speaks about what kind of Economy Maoist will push in future.

Stock market has been crashed and business circle is confused. As the news of Maoist victory in the polls come out, the Maoist leadership is trying hard to assure the business community that they are here for capitalism.

For the CPN Maoist, the victorious party in the April 10 CA polls, the campaign hasn’t ended just yet. The party leadership is in full swing to convince the national forces, business world and the international community- at the same time- that they are not radical communist and there will be no cultural revolution in Nepal. Mao has died a long time ago. It seems that the Prachandapath (the path of Prachanda), an ideology propagated by Chairman Prachanda, tells them to have a very good relationship with ‘expansionist’ India and ‘imperialist’ America. Capitalism, they try to convince, is their mantra too. Prachanda says they are for the economy in which capitalists can have profit. Prachanda also says that there will not be a dictatorship of the proletariat. In his address to the business leaders in Kathmandu today the Maoist Chairman announced that the power will not be used tyrannically, reports Kantipur, but in the welfare of the people and the country.

Pointing to the decade-long political revolution and Janaandolan-II as examples of miracles, Maoist supremo Prachanda said an economic revolution is going to be the next miracle. “People will see that as soon as we form the government,” he said. “We will create the buzz of economic reconstruction in every place, every household, and in everyone’s mouth.”

The Maoist Chairman said that his government will adopt the “new transitional economic system” for economic growth stating political development is intertwined with the economy. Pointing to the decade-long political revolution and Janaandolan-II as examples of miracles, Maoist supremo Prachanda said an economic revolution is going to be the next miracle. “People will see that as soon as we form the government,” he said. “We will create the buzz of economic reconstruction in every place, every household, and in everyone’s mouth.”

Prachanda also appealed to the private sector to trust them fully and give them a chance. Elaborating on plans to create a conducive economic environment, he said the government will expand the tax base, eliminate red tape, and end the culture of commissions and corruption. “We will set up an Industrial Security Force in the process of integrating the People’s Liberation Army with the Nepal Army to provide security for industries,” he said.

In response to industrialists’ request to sort out labor disputes, he said they are ready to take necessary and proper steps. “We will welcome foreign investment, and give priority to domestic investment,” he said. Noting that both donors and foreign countries are ready to support the Maoist government, he said he found India ready to take bilateral relations to a new level. “A new ground has been established to make India a part of the cooperation,” he said. He further stressed on new policy for tax system.

In its manifesto for the Constituent Assembly, the former rebels had forwarded a new transitional economic policy with medium level development in the next 10 years, high level growth in 20 years and ultra-high level development in the country in 40 years.

Speaking at the same programme, Maoist second-in-command Dr Babu Ram Bhattarai assured that the government led by the Maoists will move ahead with the Public Private Partnership (PPP) theory.

In fact, I wanted to put the exact story from Some newspaper but I am unable to find it now. I have put some portion of blog from United We Blog. I hope that U enjoy it reading and can dispel some fears if you have in your mind regarding future economy of Nepal. To read United We Blog’s complete Article, You may visit here.

[And here is a little Update: Indian Newspaper these days, are full of news about Nepal. Some say that India gifted Nepal to China and some express their doubts. There are debates going among policy makers and experts. This is a link of Debate in THE ECONOMIC TIMES about emergence of New Nepal.]

Contempt of Court: Dristhi Weekly Editor’s Case

Posted in Blogging News, Court, Judicial Activism, Supreme Court of Nepal by nepaleselaw on April 3, 2008

I found a news here. It says about the notice of Supreme Court of Nepal to a weekly Newspaper’s Editor. The Editor is alleged to have written a contemptuous Article over a verdict of Supreme Court of Nepal on NRB Governor Case.

Read the news Below:

Nepal Supreme Court summons Drishti weeklys editor
The Supreme Court (SC) of Nepal has summoned the publisher and editor of Drishti weekly, Shambhu Shrestha, to submit his statement over a news report published in its edition on March 25.
Acting on an application seeking punishment for Shrestha on the charge of contempt of court, Justice Tahir Ali Ansari passed the order after an initial hearing.
According to ekantipur.com, the Nepali weekly, criticised the Supreme Courts March 18 verdict convicting Bijaya Nath Bhattarai, the Governor of the Nepal Rastra Bank and alleged that Justice Ansari had been influenced by financial mafia while passing the judgment.
Shrestha could face imprisonment of up to a year or a fine of up to Rs 10,000 or both, if convicted on the charge of contempt of court on April 4.

About Blog and Blog Author

These days, I am not much able to track all the news about Legal Development in Nepal. With the coming Election, most of the time, I have kept myself busy in updating recent events related to Election and lack of time has hampered me to update this blog constantly. Though the enthusiasm with which I have started this blog has not disappeared, I must confess that I will not be updating this blog with all the legal news now onwards. What I intend to do nowonwards is to update the blog with most important legal news and instead of copying and pasting news from Various sources, I try to give my views more often which does not mean that I will not be collecting news from various sources.

I will collect many news from various sources which are related to legal development in Nepal but will be bit selective to publish them here. It gives me to do some other works as I am pursuing to work on Constitutional matters related to New going to be Constitution in Nepal and allows me to work on some issues of IPR.

I will elaborate on these issues when time comes and will present you some of my works when they are ready.

Keep on visiting!!!!!!!!

Governor Convicted!!!!

Nepalnews reports this recent development here that fomer Nepal Rashtra Bank Governor has been found guilty of financial irregularities by Supreme Court of Nepal and punishment has been imposed on him. We were tracking this news constantly and you can read rest of the stories here. I have no comment on this news as I am not able to read the text of judgments but express my solidarity withdreams of corruption free society. And this is the end of constant following on this corruption case as I have decided to be a bit selective while publishing blog. This issue has been touched in my next entry.

The Supreme Court (SC), Tuesday, decided that governor of Nepal Rastra Bank (NRB) Bijaya Nath Bhattarai and director Surendra Pradhan are guilty of irregularities.

The single bench of judge Tahir Ali Ansari decided that they are guilty of irregularities worth Rs 3.3 million since they did not initiate steps to obtain compensation from a consulting firm after terminating contract with them in a financial sector reforms programme.

The SC decided that the two should be fined the same amount as penalty.

The Commission for Investigation of Abuse of Authority (CIAA) had filed a case against the two for committing irregularities worth around Rs 20 million.

Since the CIAA filed the case against them eight months ago, the two had remained suspended.

Last month, the Special Court had delivered a fractured verdict on the case – with each of the three judges giving different opinions regarding their guilt. Consequently, the case had been referred to the apex court.

SC Clears Path for Upper Karnali Project

This is a news that we were waiting from Supreme Court of Nepal for some days. Though the matter has not been disposed fully, SC of Nepal has refused to give interim stay on the agreement signed by Government of Nepal and a private Indian Company GMR Energy of India. The News is reported here by Kanunisanchar.

I, nowonwards, generally rest my news on this site-Kanunisanchar.com as it collects most of the news as soon as it is pronounced.

If You remember, in this blog post, I had expressed my annoyance in a way PIL was filed as in my opinion, the petitioners are not able to make any such case and had demanded (in the sense expected that) SC must reject the petition for lack of merits. We need to wait and see what SC has to say on its final pronouncement. And it is expected that whatever will be the outcome of the case, it will be surely landmark in the annals of Foreign Investment related laws and constitutional validity of such laws in ‘New Nepal’.

In my earlier blog post, I had posed a question to the petitioners formulated in this way as mentioned below and I still believe that the question is still a valid one to find a simple answer for this case.

 “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.”

You can read the Supreme Court report here and is reproduced below:

Refusing to issue a stay order in the Upper Karnali Hydropower Project case, the Supreme Court on Thursday permitted the government to go ahead with the implementation of the understanding reached with Hyderabad-based GMR Energy Limited on the 300-MW power project.

A division bench of Chief Justice Kedar Prasad Giri and Justice Ram Kumar Prasad Shah refused to issue a stay order, and said the constitutional and legal questions raised by the petitioners will be settled by the court while delivering a final verdict on the case.
“The question whether the understanding needed a parliamentary approval or not will be decided while delivering the final verdict,” the bench stated.

The bench said: “Though the water flowing in a river is a natural resource, further discussion is required to decide on whether electricity generated from it is a natural resource or not, and whether an MoU signed with any national, international or joint venture company is a treaty or not.”

Advocates Bal Krishna Neupane, Borna Bahadur Karki, Tika Ram Bhattarai, Bhimarjun Acharya and Kamal Nayan Panta pleaded on behalf of the petitioners while Attorney General Yagya Murti Banjade and Deputy Attorney General Narendra Prasad Pathak defended the government.

Advocates Bharat Raj Upreti, Sushil Kumar Pant, Anil Kumar Sinha and Amarjivi Ghimire pleaded on behalf of the GMR Energy Limited.
Gorakha Bahadur BC of Kalikot and Ram Singh Rawal of Surkhet had jointly challenged the understanding reached between the government and the GMR Energy Limited to generate 300-MW hydropower from the Karnali River.

The counsels of the petitioners claimed that the signing of the agreement between the government and the GMR limited was unconstitutional. They also claimed that it was treaty related to sharing of a natural resource, and that the government violated the constitution by not seeking a parliamentary approval for it. The constitution says any treaty related to sharing of natural resources must be approved by a two-thirds majority of the parliament.

The government however claimed that the MoU was not related to sharing of natural resources and it did not need a parliamentary approval.

Man convicted for attempt on CJ’s life

The News is quite straight. I have taken this news from Kantipur which has reported this news here. It seems that  the accused is not satisfied with the judgment and they have of course recourse to arrroach 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.

The Truth is Judiciary not Independent

The Judiciary of Nepal is not independent, is not effective and is not functioning properly. This is the truth with which all common Nepalese People were aware from long time. Now, it seems that even our judiciary has realised this fact, though bit late.
Kantipur reports here about this news. We just to hope to see effective judiciary in this country to make Democracy and Justice viable in Nepal.

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.

Two Links for Articles

Posted in Blogging News, Human Rights by nepaleselaw on March 4, 2008

Here is one Article published in SSRN.COM. This Article is written on the humanitarian law in Nepal. U can read it here:http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1099427

Another Link is Statement by Richard Bennett Representative of the United Nations High Commissioner for Human Rights in Nepal, Delivered at the Nepal Bar Association Discussion on Disappearances
3 March 2008, Kathmandu.

U can read the speech here:

http://nepal.ohchr.org/en/resources/Documents/English/statements/HCR/Year2008/2008_03_04_%20Disappearances_meeting_NBA.pdf

Pakistani Lawyer Moves to Supreme Court of Nepal

A little disturbing news, if the contentions of the counsels are proved to be true, has been published by Nepalnews here.
A Pakistani lawyer has moved the Supreme Court (SC) in Nepal against what he called illegal arrest of two Pakistani citizens by the Nepal Police and their subsequent handing over to the Indian authorities about two years ago.
The two Pakistani citizens, Asif Ali and Walid Sajjad, had arrived in Kathmandu to explore business opportunities and were staying in Jagat Hotel, near the tourist hub of Thamel in Kathmandu before being picked up by the Nepal Investigation Department on the night of 12th July 2006 “without any apparent reason” or warrant issued against them. They were then reportedly handed over to the Indian intelligence agency at the Embassy of India in Kathmandu.

C.M. Farooq had filed a case against the illegal arrest of the two at the Supreme Court of Nepal under the Interim Constitution of Nepal, 2007 on Feb 21. Following which the SC issued a show cause notice, ordering the authorities to produce the two Pakistani citizens in the court

“At the time of their arrest neither were they involved in any case nor had they violated any honorable law of Nepal. They were legally staying in Nepal on legal visa,” Farooq said in a statement issued afterwards.

Farooq said that in spite of all the efforts to release the two innocent Pakistani citizens, the only outcome was the access granted by the Indian Government to the Pakistan High Commission in New Delhi to have a meeting with Asif Ali.

“It was through that meeting that we came to know Asif Ali was charged/implicated in a fake FIR number 59/2006 New Delhi, with different fake cases registered under sections 121, 121-A/ 122, /123/120-B, Indian Penal Code, 4/5 Explosive Substance Act, 18,2-B/23 Unlawful Activities, and 14 Foreign Act,” he said.

He said that because of shock, the father of Asif Ali had died. He said that Asif Ali was somewhat lucky as he had been located and granted Counsellor Access but his business partner, Walid Sajjad has been neither produced in any court of law nor his whereabouts are known.

“He is probably in the custody of Indian Intelligence agencies,” he said.

The two Pakistani businessmen dealt in readymade garments and used to regularly travel to Bangladesh and the Middle East. They were also said to have been carrying a substantial amount of money for business purposes

The families of the Pakistani businessmen came to know about the arrest of their dear ones through the media in July, 2006, which stated that two Pakistani nationals were arrested on suspicion of involvement in Mumbai train blasts.