House rejects proposals to annul Ordinances

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KATHMANDU, Aug 7 – Amidst boycott and slogan shouting by the opposition, the House of Representatives today rejected the opposition proposals to annul the Armed police Force and Local Administration (4th Amendment) Ordinances, clearing the way for the replacement of the controversial Ordinances by Bills to be tabled and discussed in the House.

While the main opposition CPN-UML boycotted the proceedings once the ordinances were taken up for discussion, other parties – the NPF, the UPF and the NPWP – shouted slogans against the ordinances near the "Well of the House" (rostrum). Dr P C Lohani of the RPP, who initiated the proposal to annul the APF, too joined the rest of the opposition once the proposal was tabled. Even the NSP objected to the ordinances, agreeing with the rest of opposition that the manner in which the ordinances were promulgated was against the Constitution.

Earlier, Prime Minister Sher Bahadur Deuba made an impassioned plea to the opposition to help the government pass the ordinances, since the opposition parties were protesting the way the ordinances were promulgated and not necessarily its content. Urging the opposition to consider the circumstances in which the ordinances were tabled, Deuba tried to assure the opposition that the government would take them into confidence, should such circumstance arise in the future.

Deuba also told the opposition members that the government would try to accommodate the opposition’s views when the discussion on the Bills is held in the House.

However, the Prime Minister was quick to add that the government believed in talks with the Maoists to resolve the insurgency. "We are honestly and sincerely committed to dialogue with the Maoists," he said, and added that the Maoists would understand the government’s practical difficulty in turning the ordinances into Bills.

The last government, led by former PM Girija Prasad Koirala, had not only appointed the policemen into the new armed police force, but also appointed the then Additional Inspector General of Police (AIGP) as the chief of the new unit. The government had also appointed the five Kshetrapal (the Regional Administrators) for the five development regions under the Local Administration ordinance.

Now, if the ordinances are not converted into Bills within the next 16 days, both the ordinances would cease to exist and all the organizational set up and other arrangements under the two ordinances would also automatically become void. The Bills to replace the ordinances must be passed by the House on or before August 23 when the current session of the parliament completes 60 days since its commencement.

However, at today’s session, Subhas Nemwang, UML lawmaker objected to the ordinances being taken up for discussion at all. "We had hoped that the new government would withdraw the Bill but it didn’t," he said, and questioned Deuba’s contention that the government was ready to accommodate the opposition parties’ views during the debate on Bills in the parliament. "How can it be done in such a short span of time?" he questioned.

Terming the promulgation of the ordinances just two days before the commencement of the last session of the parliament as illegitimate, the UML lawmaker declared that his party was boycotting the entire process dealing with the ordinances and led his partymen out.

Then, one by one, leaders of the other opposition parties objected the debate on the ordinances and demanded their withdrawal. However when the Speaker went ahead with the process, the minor parties went to the "Well of the House" and started shouting slogans against what they termed a "black law". They sat down near the rostrum when Dr Lohani of RPP started reading his party’s objection amidst the shouting of the agitating members.

A majority voice vote defeated Dr Lohani’s proposal to annul the APF ordinance. The proposal to annul the ordinance dealing with the regional administrators was rejected as Lilamani Pokharel, who was then shouting slogans against the APF, did not table his proposal.

SC quashes writ against Khetan Group
Cheaper cell phones expected soon

By Ram Sharan Sedhai

KATHMANDU, Aug 7 - The Supreme Court (SC) today quashed the writ petition filed by Nepal Telecommunications Corporation (NTC) employees seeking the annulment of decision taken by the Nepal Telecommunications Authority (NTA) to grant licence to Khetan Group to operate cellular mobile phone service across the Kingdom.

The Supreme Court in its verdict cleared the operation of the cell phone service by the Khetan Group. Observers say clearance for the participation of the private sector in cell phone service would break the state monopoly and benefit the consumers.

Rajendra Kumar Khetan, CEO of the Khetan Group was quick to welcome the judgment of the SC. He said that the group would acquire licence within two weeks and start distributing cell phones within four months after receiving licence. "The price would be affordable," said Khetan.

The charges would be definitely lower compared to that of NTC. The prices will not exceed Rs 15,000 and tariffs will also be lower than the existing ones, added Khetan.

He also said that the company would distribute 50,000 to 100,000 mobile phone connections within a couple of years. "Such large scale distribution would further pull down the prices," Khetan said.

The charges for incoming and relatively high charge for outgoing calls have been the major hurdle for the middle class people, and the entry of the private sector is expected to remove the barrier.

Reacting to the SC judgment, Bhoop Raj Pandey, Chairman of NTA, said, "The Court’s judgment has encouraged the private sector and I hope that the new operator would begin its service soon. It will also attract the participation of the private sector in other telecom services", he added.

However, Hiranya Kumar Bhattarai, Spokesman at NTC strongly expressed his dissatisfaction over the court judgment.

"The writ was quashed on the ground of lack of locus standi - lack of right to file writ petition -, but NTA’s move to allow the private sector in operating the service is against the interest of the Corporation".

The division bench comprising justices Kedar Nath Upadhayay and Rajendra Raj Nangkhwa quashed the writ petition on the ground of lack of locus standi filed by Tanka Lal Shrestha on December 28, 2000, on behalf of Telecommunications Employees Association of Nepal (TEAN).

There is no binding law to get the party renew its licence after 10 years. In such a case, who would be responsible to the clients, if the party discontinues its service? he questioned.

"However, we are ready to face competition. We have best human resource and quality network. NTC has already distributed 14,000 plus cell phones and we are expanding our cell phone service", he stated.

Shrestha had filed the writ petition as public interest litigation (PIL) demanding not to issue cellular mobile phone licence to another operator for another five years, which the court termed as a hurdle to competition.

Commenting on the judgment, writ petitioner Shrestha said it was ‘unexpected’.

‘Insurgency claimed 1,132 in the Mid-west’

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NEPALGUNJ, Aug 7 - A total of 1,132 people have been killed in the mid-western region of the country alone since the start of the Maoist waged People’s War to the date of ceasefire announcement, according to a report made public by the regional office of the Informal Sector Service Centre (INSEC), a human rights organisation.

The Home Ministry estimated that at least 1,800 people including the policemen, rebels and civilians lost their lives from across the country since the insurgency began five and a half years ago.

In a press release issued by INSEC on Tuesday, it is stated that 126 people were killed in the region over a period of seven months beginning from January to July 2001.

The Maoist rebels killed 92 policemen and 15 civilians while the police shot dead 19 rebels during the same period, the release said.

The press statement also stated that the violent incidents occurred in 14 districts except in Humla during five and a half years of the insurrection.

Taken as districtwise, largest number of people were killed in Rukum, where police killed 215 while the Maoists killed 97 people in the course of the People’s War.

According to the press release, the police personnel shot dead so far by the rebels in the worst insurgency hit region include one Senior Superintendent of Police (SSP), one Deputy Superintendent of Police (DSP), eight Police Inspectors, six Sub-Inspectors of Police (SI), 12 Assistant Sub-Inspectors of Police (ASI), 51 head constables and 167 constables.

The statistics also revealed that the rebels abducted more people than that of the policemen. During that period, the Maoists abducted a total of 258 people - 130 policemen and 128 civilians.

Civilians from this region have sighed for peace subsequent to the mutual ceasefire announcement by the government and the rebels with no more casualties occurring on both the sides since July 23.

Shortly after replacing Girija Prasad Koirala, newly-elected Prime Minister Sher Bahadur Deuba suspended all offensive activities against the rebels, who also followed suit.

Pradip Nepal quits as spokesman over differences with Oli

KATHMANDU, Aug 7(PR) - Standing Committee member and the spokesperson of the main opposition CPN-UML Pradeep Nepal today formally announced his resignation from the party’s central committee member citing serious differences with party stalwart Khadga Prasad Oli.

In an interesting development today, Nepal at the fourth day of Central Committee (CC) meeting formally announced his resignation attributing his decision to the increasing ‘groupism’ in the party holding Oli responsible for it.

Nepal, who had resigned unofficially from his post eight months back, provided the period of three months to the party to decide on his resignation, said the party source.

According to the source, Oli was not present at the meeting citing serious health problems. At the meeting, which went for eight hours, few Central Committee members accused Nepal for "setting conditions" while announcing his resignation, said the source.

For the last three days, Nepal’s resignation had been one of the major agendas. Yesterday a proposal on unity of the left parties was endorsed unanimously, on which a point states that the party is seriously going to work for either unification or co-operation with like minded left parties.

TV ads draw MPs’ wrath

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KATHMANDU, Aug 7 – An instant noodles advertisement in the state-owned Nepal Television came in for a sharp criticism from the lawmakers in the House of Representatives today, with members cutting across party lines, terming it derogative and demanded that its telecast stop immediately.

Ram Chandra Tiwari of the ruling NC and Bijay Subba of main opposition CPN-UML criticized the ad, contending that it was an insult to the people of the Terai origin. Another ad that drew the ire on the same ground was the Jiwan Jal (oral rehydration solution) ad.

Speaker Taranath Ranabhat drew the attention of the government, pointing out that the issue was sensitive. Bijay Subba also called for a ban on those ads "which portray women in poor light".

Some lawmakers urged the government to bring to an end the prevailing system of taking bribery by government and the bank officials while processing the loans for the farmers and other concerned persons. The members said that the concerned officials always used to say that they have to grease the palms of those above them. "How much above? Is the minister too receiving such a payment?" asked Mrigendra Kumar Singh Yadav of the NSP.

Ramesh Lekhak of the NC drew all-round applause when he criticized the "failure" of the concerned authorities to protect people from the flood havoc.

When Jagannath Khatiwada raised the issue of late delivery of verdicts in the courts, the Speaker urged the members to take caution while speaking about the judiciary that is not only independent but also one of the three organs of the government and thus equal to the legislature.

There was also a rare spectacle in the House today. Prime Minister Sher Bahadur Deuba first went towards the chair of the leader of the opposition almost sat on it, drawing the applause and the cheers of the opposition. But a smiling PM recovered at the last moment and took his own seat instead.

BPC privatization attempt runs into fresh controversy

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KATHMANDU, Aug 7 - The privatization of Butwal Power Company (BPC) has fallen into yet another
controversy following the scrapping of the technical bid of Independent Power Corporation (IPC/PLC), a British-American power venture, leaving only Interkraft, a Norwegian power developer in the race.

According to high level sources at the concerned Ministry, the technical bid was cancelled since no covering letter was submitted and since part one and two of the bid document contained no signatures.

"If a bidder had not submitted a covering letter, why did the government take six months to evaluate its bid. This has raised serious questions," said a high level official.

Only Interkraft and IPC/PLC had submitted the technical bids on the third call for tenders this January, for the privatization of 75 per cent shares of the 30-megawatt of BPC, one of the few profitable state-ventures.

The latest controversy erupted when the Privatization Cell, Ministry of Finance, decided to open the financial bid of only Interkraft Wednesday, throwing out IPC/PLC from the race.

However, since the decision for opening the financial bid was taken alone by the finance minister without informing the Minister for Water Resources as rule requires, the bid-opening was postponed for a week. The Cell Tuesday, however, cited the inability of a high-level government official to be present on the occasion as the cause behind the postponement.

Government officials, who were upbeat that the two international power companies would provide good price for the BPC are now skeptical. Expressing surprise over how IPC/PLC’s technical bid could be cancelled, one of the government officials said the government may not get the expected price for BPC due to lack of competition.

Responding to the third tender call for the privatisation of the BPC, six companies, including Interkraft and IPC/PLC, had obtained application from the Privatisation Cell. The other companies vying were Pacific Hydro, an Australian multinational power developer, Khetan Group, Sanima Hydro and Imsit.

This is not the first time that the BPC’s privatization has engulfed into a controversy. The privatisation was marred by strife right from the beginning amid intensive lobbying from both the parties, who used their respective political clouts including diplomatic channels to influence the decision in their favour. The lobbying attained its worst form also because the foreign power developers had two of the rival business houses as their local partners.

The first call was cancelled following revocation of the bid by IPC/PLC, which alleged of "irregular circumstances surrounding BPC’s privatisation." The government in December 1999, was forced to scrap the privatisation process only to recall the tender last September.

Only two companies, Interkraft and IPC\PLC, had responded to the first call for tender. The IPC had quoted US$ 10 million for the 75 percent shares, which is Rs 109 per share, and Interkraft had quoted US$ 8.25 million, which is equivalent to Rs 90 per share. Pacific Hydro and Khetan Group had joined on only the second call, while Sanima Hydro and Imsit joined last in January 2001.

The three-year old BPC privatisation process has affected the overall privatisation program of the government, which it promised to undertake as part of national reforms. The government’s failure in speeding up its privatisation programs has begun to irritate even the international and multi-lateral donor agencies like Department for International Development (DFID), who even threatened to withdraw its financial support if the government does not accelerate its privatisation process.

‘HM King is against any compromise in Constitutional Monarchy’

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KATHMANDU, Aug 7 - The General Secretary of the Communist Party of Nepal (Marxist-Leninist) Bamdev Gautam today said King Gyanendra had pointed out that there should not be any condition set while holding dialogue between the government and the Maoists regarding the Constitutional Monarchy and the multi party system.

"The King has asked not to set any condition with regard to the Constitutional Monarchy and the multi party system as the communists are demanding a republic states," said Gautam speaking at a programme on "Government-Maoist talk and the role of the progressive forces" organised by CPN-ML, Samyukta Janamorcha Nepal (SJM) and National Peoples’ Movement Co-ordinating Committee (NPMCC). Gautam had an audience with His Majesty King Gyanendra last week.

On the occasion NPMCC member Chitra Bahadur Shrestha said that within the framework of the present Constitution and the law there can be no dialogue between the government and the Maoists.

Secretary of the United Peoples’ Front, Ghanashyam Sharma Poudel said that Monarchy has become a "hurdle" in the process of dialogue.

IOE to deposit students’ degrees

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KATHMANDU, Aug 7 - This is the time of the year during which the rush of students after passing through the Intermediate level of college or the plus-two level flood into various colleges of their choice.

However, the hundreds of students aspiring to be engineers from Tribhuvan University, Institute of Engineering (IOE) this year will be facing one different hurdle that most students in other faculty will not have to.

Students who get admission to this prestigious college will be required to deposit their mark sheets in the college for the next two years, that is half the time they will spend working for their Bachelors of Engineering degree.

This, according to college authorities is to prevent students from leaving the course halfway through by getting admission in colleges abroad leaving many vacant seats in the second, third and fourth years of classes.

An aspirant student who, despite being selected as for Computer Engineering Bachelor’s course in this institute, is not sure if he should go ahead and deposit his certificates and lose the chance of trying out for a scholarship to study in India.

"I have been selected for this course on the basis of merit. But I am still not sure. If I deposit my certificates for two years, I will not be able to compete for scholarship and chance to study in the countries like Japan or Australia," he said refusing to be identified.

Institute officials defending the new regulations say that this provision is to control the tendency of students dropping out midway through the course and leaving for courses. And many of the students currently enrolled there agree with the new arrangements.

"The state makes huge investments in developing infrastructures, establishing laboratories and if even one student opts out, then it is loss not just for the institute but the nation too," said a member of admission committee who also refused to be named. "For all these reasons, Institute decided to hold student’s academic certificates for two years."

Other colleges and universities in the nation, however, do not have such arrangements. Even then most students prefer the institute despite the new regulations.

"I will again try for the admission next year and see if I can get in. Only then will I seek admission in other private institutions," said Ramesh Sharma.

"Kathmandu, Dharan or Pokhara are the safest places to study for the people like me but I don’t feel comfortable when the colleges freeze academic certificates for Bachelors level students for two years," said Prabhat Sharma who came recently to Kathmandu seeking admission in the course. "This system is simply not justifiable."