Supreme Court presents HM opinion on Citizenship Bill

By Pramod Poudel

KATHMANDU, April 25 - The Supreme Court today submitted its opinion to His Majesty the King Birendra declaring that the Bill proposing to make sixth amendment to Citizenship Act - 2020 clearly violates the Constitutional provisions.

The 14-page opinion was formed unanimously by a special bench comprising of Chief Justice Keshav Prasad Upadhyaya and Justices Laxman Prasad Aryal, Kedar Nath Upadhyaya, Krishna Jung Rayamajhi, Govinda Bahadur Shrestha, Arvind Nath Acharya and Hari Prasad Sharma.

King Birendra, making use of Constitutional article 88 (5), had sought opinion of the Supreme Court (SC) on February 20 on whether clause 2 of the proposed Citizenship Bill 2057 BS (Nepali Calender) passed by the Parliament earlier violated article 8 & 9 of the Constitution. The King had sought advice from the court after consultation with various political leaders.

"Clause 2 of the proposed Bill-2057 BS (Finance Bill) to amend the Nepal Citizenship Act-2020 BS is not seen being in accordance with the article 8 & 9 of the Constitution of Nepal 2047 BS," states the opinion sent to the palace on Wednesday.

The opinion sent today said that the article 8 of the present Constitution incorporates article 7 of the Constitution of 2019 BS and clause 3 of the Nepal Citizenship Act (NCA)-2020 BS and that any attempts to make amendments in clause 3 of NCA would be an attempt to amend the Constitution itself.

The opinion said that it is the law that should be in accordance with the Constitution and not the other way round stressing that the proposed Bill crosses the Constitutional provisions. "The proposed Bill incorporates more than what the present Constitution spells out," said the opinion.

Clause 2 of the proposed Bill includes "and birth" in addition to "descent" in the title "citizenship through descent" of the clause 3 of NCA which clearly points that the proposed Bill tries to incorporate more than what is clearly spelt out by the present Constitution, states the opinion.

The opinion also clearly points out that the inclusion of sub-clauses 6, 7, 8, and 9 in the proposed Bill which is not in the NCA, is also an attempt to amend the present Constitution.

Sub-clause 6 of clause 2 of the proposed Bill states that a person through descent can get Nepali Citizenship even if his father has not obtained a Nepali citizenship but the clause 3(1) of NCA and article 9(1) of the Constitution categorically states that only a person whose father is a citizen of Nepal at his birth is eligible for citizenship by descent.

The opinion remains silent on the issue regarding whether the proposed Bill could be termed as a Finance Bill or not. "It is better for the court to give its opinion to His Majesty on just what is being asked," the opinion said.

However Advocate Bal Krishna Neupane said that the court could have gone ahead dwelling upon whether the proposed Bill could be considered a Finance Bill. The court said that the Monarch making use of article 54 (3) may send messages to either or both the Houses of Parliament. The opinion explicitly states, as per article 44 of the Constitution that His Majesty is an indispensable part of the Parliament.

Even the opinion paper has clearly mentioned that the Monarch resorting to 43 (2) of the Constitution may make recommendations to, or appreciations of, or admonitions to, the Council of Ministers on matters of national importance. After the Supreme Court’s opinion became public, Senior Advocate Ganesh Raj Sharma said that every body should understand that the Supreme Court is the sole unit for preservation and conservation of the Constitution. "It is again proved that there is a constitutional way out for any problems in a democratic society," said Sharma.

"The Monarch can now send the Supreme Court’s opinion to the Parliament or the Cabinet resorting to article 54 (3) or 43 (2) of the Constitution respectively," said Advocate Bal Krishna Neupane.

Dwelling upon what is the fate of the proposed Bill Advocate Bala Ram KC said that the Bill now stands dead after the Supreme Court’s such decision. The proposed Bill was passed by the Lower House when it was first introduced, only to be sent back by the Upper House. It was then when most of the opposition parties demanded an amendment but the Nepali Congress government with its majority pushed the Bill through terming it as a Finance Bill. A Finance Bill cannot be sent back to the parliament by the King. The Bill was endorsed by the parliament on July 26 last year as the Finance Bill and was forwarded for the Royal assent in mid-January this year.

Cardiac disease shows a marked rise

By Tashi D Thinley

KATHMANDU, April 25 - The number of cardiac patients in Nepal is growing more than ever and the Coronary heart disease has a marked predilection for the male sex.

TU Teaching Hospital (TUTH), capital’s leading public hospital’s records show that over 23 percent of the people visiting the hospital suffer from heart ailments.

In terms of absolute figure also, the number of heart patients has grown alarmingly. Till 1996, only 5,000 cases of heart disease were registered in the hospital. The figures have surpassed over 20,000 during the last five years alone. ‘That’s a big figure," says Dr Arun Sayami, Cardiac Surgeon at TUTH.

Compared to the world average, Nepali male are more vulnerable to heart disease than female. Says Dr. Sayami, " In Nepal, 80 percent of the heart patients are male while 20 percent are females." The incidence in women also starts rising after menopause, albeit at a slow pace.

It is the Ischemic heart disease in adults (a disorder caused by lack of oxygen to the tissues of the heart, in which the muscles of the heart are affected and the heart cannot pump properly) that is growing at the highest rate in Nepal, mostly in the valley.

Growing level of pollution, smoking, improper diet, lack of exercise, stress and strain are greatly increasing the risk of Ischemic heart disease among the valley people, Dr Sayami says.

The next common case, growing in Nepal, is the Rheumatic heart attack in children. Constant throat problems (one of the major complaints of the Kathmanduites) along with joint pain that triggers the risk of Rheumatic heart attack.

Besides other, the major risk for heart comes from hypertension, diabetes, smoking, high cholesterol level, obesity, a sedentary lifestyle, and faulty diet and tobacco usage.

However, doctors caution that interpreting the soaring number of heart patients in the hospital as the growing case of heart disease in Nepal could be sometimes misleading. The increasing number of heart patients could rather be a result of growing awareness amongst the people regarding heart disease. "It is growing awareness that is also bringing more people to the hospital," Says Dr. Sayami.

With the increasing number of heart patients in Nepal, the country’s hospitals and nursing homes have also made a huge stride in heart treatment facilities.

Today, equipments like the color echo, pace maker, treadmill, holter and cath lab are all here in Nepal and they are serviced at a much cheaper rate compared to India.

Many are still unaware that a simple Arterial Septal Deflect operation of the congenital heart disease which cost Rs 300,000 in India is conducted here for a mere Rs 40,000. And an operation to change the valve can cost upto one and half lakhs in Nepal, while in India, it might cost upto Rs 400,000. And a coronary angiography can cost between Rs 25,300 to 30,000.

Despite these achievements and low treatment costs, Nepal lags far behind India in modern amenities. "Even with all these latest technologies and facilities, Nepal is still fifteen years behind India. We just have three-four heart centres whereas India has 500 of them," says Dr. Bharat Rawat of Norvic Centre.

The centre recently completed 100 angiography while Escorts Heart Institute its parent institute in India, has already made 50,000 angiography.

However, in the next three years Nepal will have a major breakthrough in the facilities required for a cardiac patient, say doctors. "And with this, people will no longer have to go abroad or to India for a cardiac surgery."

Whatever may come in next three years, still the best thing is to follow the "precaution is better than cure" prescription. Says Dr Sayami, "A low dose of aspirin a day could reduce the risk of non-fatal Ischemic heart disease".

CIAA questions Lauda Air jet deal

Post Report

KATHMANDU, April 25 – The Commission for Investigation of Abuse of Authority (CIAA) today took statements once again from former civil aviation minister and other former and current officials of the RNAC on the controversial Lauda Air jet deal, according to highly placed sources.

The CIAA took the step after former Executive Chairman of RNAC Hari Bhakta Shrestha and one of the Board members Tirthalal Shrestha filed petitions before it, saying that they had acted at the behest of the Cabinet in signing the jet deal and called for an impartial probe. The duo had expressed the fears that they could be made scapegoats for clinching the deal based on "Cabinet decision".

On Wednesday, the CIAA summoned former Minister for Culture, Tourism and Civil Aviation Tarini Dutt Chataut, Secretary Barun Prasad Shrestha, the then officiating Secretary Kumar Poudel and Joint Secretary Yagya Prasad Gautam and two Board members Siddha Raj Joshi and Rameshwar Khanal. According to the sources, all of them reiterated their version on the deal that they had given to the Commission earlier.

Both the former Chairman Shrestha and Board member Shrestha, along with the remaining Board member Gaurinath Sharma and the Lauda Air’s local agent Dinesh Lal Shrestha of ICTC have been summoned on Thursday for their statements in the light of the two petitions. The sources said that the questioning was likely to end on Thursday.

Nearly 100 policemen desert police outpost

By Surya Bishwakarma

PYUTHAN, April 25 – In a rare show of the kind, nearly a hundred policemen deserted a remote police outpost at Devisthan village on Wednesday night and fled towards Bijubar village after locals tipped them off about the movement of underground Maoist rebels in the area and an impending attack on the post.

The mass desertion of the policemen came despite orders to the contrary by their senior officers. After receiving information about the movement of rebels in surrounding Miram, Nayagaon and Ramdi VDCs Wednesday evening, the officers persuaded the policemen to remain on duty, but to no avail.

The junior police staff chose to desert the outpost rather than wait for reinforcements, knowledgeable sources said. Then their senior followed suit. The cops boarded a local bus and reached Bijubar at 8 p.m. Wednesday night. With nowhere to go, they could be seen loitering on the street itself, eyewitnesses said.

2 dead, 9 injured in Sunsari

Post Report

INARUWA, Sunsari, April 25 - At least two passengers, including one Assistant Sub-Inspector of Police, were killed and nine others injured on Tuesday when a passenger bus hit a hill side on the way to Chatara from Jhumka, according to police.

Police said that conductor of the bus (Ko 1 Kha 838) Umesh Thapa Magar died instantly while ASI Gyan Bahadur Katuwal from Chatara police post died on the way to B P Koirala Institute of Health Sciences, Dharan.

Those injured in the road accident have been identified as Chandra Shah from Bayarban VDC-5 in Morang, Purna Thapa, 69, from Belbari VDC-6, Bed Kumari Katuwal, 53, from Babiya Birta.

Likewise, others injured in the accident include Bala Devi Niraula, 65, from Govindapur VDC-6, Indra Maya Karki, 80, from Indrapur VDC-6 and Harka Bahadur Karki, 72. Names and addresses of three injured people were yet to be confirmed.

All the injured passengers are undergoing treatment at the BP KIHS hospital. The hospital source said the condition of two of the injured is very critical.

One-stop shopping gaining popularity

By Shree Ram Subedi

KATHMANDU, April 25 - You will hardly get parking space for motors and bikes outside the Bhatbhateni Departmental Stores (DS), which is one of the busiest departmental stores in town these days.

Not only Bhatbhateni also other major departmental stores in town are similarly crowded.

"I love shopping in departmental stores (DS) simply because they are trustworthy in terms of price, quality," says Bejoy Pradhan, a housewife and a retired civil servant from Patan talking to The Kathmandu Post last Friday while shopping at Tripureshwor.

Fifty-nine years old Pradhan had been visiting departmental stores for last one and half decade in the Capital and says she will continue to do so.

More and more people are visiting these stores, which cater to the specific needs of modern day consumer who wants to discover the virtues of shopping under one roof that mixes convenience, quality, variety and price worthiness and make it a lifestyle.

The most important thing that these DS reflect today is the shift in consumer’s shopping choice from traditional small outlets to these organized retail centers.

This shift in shopping taste has been the fertile base for sprouting of more than 4 dozens departmental stores in the capital in just two decades, mainly post-1990 years. Nepal embraced free market economy in 1992, which provided an opportunity for DS making a lucrative in road.

There are 22 big sized DS in the capital affiliated to Nepal Super Market and Department Stores Association (NSMADSA) but the total number of department stores exceeds 50, according to the Association.

Traditionally tourist, expatriate and affluent class people were the only regarded customers of these stores. But no more. Exposure of upper middle class people to the shopping culture abroad and growing impact of mass media has rendered the growth of this organized retailing. Today these shopping outlets have gained a real popularity among people ranging from expatriates to working middle class, from peons to executive level employees and even the members of Royal Families.

As an increasingly aware class, present day consumers are on the lookout for more information, better quality and hygiene as well as increased customer service.

And the DS are quickly enhancing on these new consumer preferences.

"We can look into details on the packaging and be assured of the quality," says Pradhan adding, "today’s customer is increasingly aware of the products they want to purchase."

Though I can buy the household items from my neighborhood store, a mix of shopping and entertainment at malls provides a better experience," says another frequent visitor to DS, Saraswoti Chhetri from Lazimpat. "You know, availability of ice-cream for my children has alone attracted me many a time to departmental stores."

"These store are emerging as rendezvous for majority of social strata," says Vijaya Chalise, a customer from Maharajgunj.

But things were different few years back. Customer feared to enter the DS suspecting the exorbitant price, says Raja Ratna Tuladhar, president, NSMADSA. But nowadays there is significant shift on the consumer choice and an average customer won’t hesitate to enter the store.

This new trend has also increased the share of DS in retail market. "There seems to be significant increase in the share of DS on retail market." Says Dr Bal Gopal Baidhya, former member of National Planning Commission (NPC) adding the change in consumer behavior also augurs well for the organized retailing industry.

The overall increase in the consumers’ demand is also boosting this sector, says Dr. Baidhya.

Owners of department stores too are gratified with the consumer’s pull to these organized sales whereas some smaller retail outlets feel that their sale has been affected by adjoining mega stores.

The sale of household items has decreased to some extent after the opening of departmental stores nearby, says Sunita Manandhar of Shyam cold stores near Bhatbhateni shopping arcade.

"But as the overall demand is also increasing we are not that much affected" says Manandhar.

The shopping experience, variety, quality, fixed price, advanced systems and technology in the back end, a thorough focus on consumer behavior, the ground is set for the organized retailers.

Maoist, police clash: attack repelled

By Kashi Chandra Baral

KALIKOT, April 25 - Underground Maoist rebels and police striking force exchanged fire for more than 10 minutes this morning at Jarkot, Rammakot VDC, located about 34 km north-east of the Manma, the district headquarters, police here said.

No casualties were reported on both the sides. The rebels targeted the police at about 7.30 a.m.

More than 100 armed Maoists fired at the police striking force that was heading towards Rammakot VDC via the Siuna-based police outpost on its regular patrol.

The rebels engaged the 45-member police force within a distance of 100 metres shortly after the striking force crossed a suspension bridge at Jarkot.

While fighting the rebels, the policemen established contact with the District Police Office in Manma and a reinforcement of 36 policemen arrived at the battle scene by helicopter. But the helicopter could not land as the rebels fired three rounds of bullets at it causing a huge hole on the rear view mirror and smashing two side view mirrors.

Sources said that the helicopter returned to Nepalgunj stopping over in Manma for a few minutes.

The rebels retreated from the battle site suspecting the arrival of the police reinforcement.

All the policemen fighting the rebels have returned to the Siuna-based police outpost. District level security chiefs also visited the clash site by another helicopter in the afternoon after the rebels fled the scene.

Guardians call for strong action

Post Report

KATMANDU, April 25- The Guardian Association of Nepal handed over a memorandum to the Ministry of Education Wednesday, condemning the gross negligence of the education authorities leading to the distribution of wrong question papers in the just-concluded School Leaving Certificate examinations, and have demanded strong actions against those involved in it.

The Association’s Central Committee in a press release stated that it handed over the memorandum to the Ministry of Education today. It was revealed that the question papers of Computer Science distributed on the last day of SLC exam on April 23 was word-by-word copy of a set of questions published in an Ekta Book publication.

"How just it is to distribute wrong question papers to the young students," said the release signed by the Association Chairman Suprabhabat Bhandari. "We strongly condemn this kind of nefarious activities in education and demand strong action against those behind this. Let a probe commission be formed and actions initiated against those involved."

Talking to The Kathmandu Post, Sahadev Bhatta, Controller of Examinations said that the SLC Board members were busy trying to decide on the action to be taken. "I am tired and we are still discussing what to do next; you can imagine how difficult it is in a situation like this," he said.