Supreme Court issues show cause notice against Deuba’s move

By Rudra Sharma

KATHMANDU, Aug 21 – The Supreme Court has issued four important orders, including a show cause notice, against Prime Minister Sher Bahadur Deuba’s announcement to freeze land sales and transfer of ownership.

The Supreme Court’s decision came after two days of hearing of four different writ petitions filed by four lawyers.

A single bench of Chief Justice Keshav Prasad Upadhyaya on Tuesday issued a show cause notice to the government, both Houses of Parliament and the parliament to furnish written reply by 29 August clarifying the claims of the writ petitioners.

The Chief Justice also ordered to send the case to a special bench of five justices. The first hearing in the special bench will be held on August 31.

Upadhyaya said the preference right was granted to the writ petitions according to the Supreme Court Rules as it was expedient to resolve the claims of petitions as soon as possible considering the serious nature of the case. In his order, Upadhyaya further said that this serious constitutional question of public importance, stated in the writ petitions, should be resolved as per the Constitution of Nepal.

The Chief Justice said there is no need to mention about an interim order as the case has already been referred to the special bench, which will sit on August 31.

During the hearing, senior advocate Kunja Bihariprasad Singh said that the Prime Minister’s announcement does not becomes a law. "The move to prohibit the public from selling and transferring their land is illegal," Singh added. Another senior advocate Krishna Prasad Bhandari said that those willing to sell their land for medical treatment have been deprived of their rights. He demanded an interim order against the government.

Advocate Artha Bahadur Hamal said the government can not make wrong decision even if it has good objectives. Advocate Awadhesh Kumar Singh said the Prime Minister’s decision has created economic crisis in the country. Advocates Namasa Karki, Madhav Kumar Basnet, Surendra Kumar Mahato and Uttam Shrestha had filed separate writ petitions on Friday.

PM invites RPP, NSP for dialogue

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KATHMANDU, Aug 21 - Prime Minister Sher Bahadur Deuba has invited representatives of Rastriya Prajatantra Party (RPP) and Nepal Sadbhawana Party (NSP) for dialogue, in a bid to break the deadlock in Parliament.

Lawmakers from these two parties continued their protest Tuesday, which was the fourth day since the government proposed land reforms with ceiling on land ownership and froze all land sales until new laws are enforced.

The two parties have been invited separately in the morning in a bid to resolve the deadlock. PM Deuba is expected to once again ask these two smaller parties in the House of Representatives to support his proposed programs and allow smooth functioning of the House.

These two parties are however not in a mood to give up so easily.

"We are not against the concept of land reforms but the mode used to bring the proposals by the Prime Minister is what we are protesting," said RPP’s Pashupati Sumshere Rana. "Our protest will continue until the government withdraws the freeze on land sales and adds the provision of ceiling on property and not on agriculture land."

In a repetition of scenario like from the past few days, the handful of lawmakers from these two parties resorted to noisy protests and would not allow anyone else to speak. When Speaker Taranath Ranabhat tried to proceed ahead, they once again stormed towards him only to be blocked by nearly three dozen security personnel posted inside the assembly hall.

"All the members in the House have equal rights and this protest is violating the rights of several other members who have been denied this right," Speaker Ranabhat said.

The plea was rejected and these two parties instead demanded the presence of the Prime Minister and his announcement that he is immediately making amendments to the proposed reforms made public last week.

On Thursday, Prime Minister Deuba announced suspension of all land sales in the country by announcing a freeze in land transactions until the government introduces new land reform laws.

After Deuba’s announcement, all land transactions throughout the country came to a halt, and will continue to remain so until the promised legislation becomes law, which could take anywhere between a couple of months to a year.

The ongoing protests has disrupted the discussion on the fiscal budget that was continuing in the House. Though the protests is not as big as the one that brought all the opposition lawmakers together disrupting the entire Winter Session, this protest still threatens to delay the passage of the fiscal budget.

RPP"s Rana said his party was not against the changes but firmly believed that it should be made on the basis of social justice.

"First the thousands of people in the Terai districts who are actually suffering should be given citizenship certificates without which they would not be able to own these lands even if it is given to them," Rana said.

He said the freeze on land transactions was totally unconstitutional and has severely hit the economy of the nation and the land reforms should be about making sure the poor have access to loans, resources and technology.

"It seems that the juwai (son-in-law) of our Rana family has adopted the concept used six generations ago by Junga Bahadur," Rana said.

Deuba is married to a woman from the Rana family, who once ruled this nation for 104 years. Jung Bahadur who began the Rana reign used muscle power to rule the country.

However, even within RPP there was division of opinion regarding the protest. RPP lawmaker Buddhiman Tamang later told The Kathmandu Post that the protests was against the party’s manifesto.

"The protest against the land ceiling is against our manifesto and if we continue to do so how will we be able to face the public?" said Tamang.

Tamang did participate in the protest but only joined his colleagues a minute or two after they had stormed the Speaker. RPP Chairman Surya Bahadur Thapa has not stepped in the parliament since the protests began on Friday.

Minister Acharya raps oppn parties

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KATHMANDU, Aug 21 - Minister for Agriculture and Co-operatives Mahesh Acharya today accused opposition parties for creating ‘unnecessary’ controversy over the land reform measures announced last week by Prime Minister Sher Bahadur Deuba.

Acharya also said these parties are trying to gain political mileage out of the controversy.

"Land ceiling is only the part of the recent land reform measures announced by the Prime Minister. I have not been able to understand why people are raising a hue and cry over the issue," said Acharya at the press conference held here today.

He further added; "There are many other components other than land ceiling in the proposed land reform measures. It is completely absurd to protest against this land reform measures."

Prime Minister Deuba recently announced a freeze in land transactions until the government introduces new land reform laws.

Vice President of Rastriya Prajatantra Patry (RPP) Prakash Chandra Lohani came down heavily on the announcement of the land reform measures.

"Freezing of land transaction will definitely have negative impact on the national economy of the country. Ultimately public will suffer if the new legislation on land reforms announced by the Prime Minister is introduced," said Lohani.

"If the government really wants to alleviate poverty then there should be drastic change in the mode of production but not through such land reform measures which is detrimental to the overall economy of the country," added Lohani.

However, addressing the press meet, former vice-chairman of the National Planning Commission Mohan Man Sainju said that such measures must be welcomed.

"The country has been looking for land reform measures like the one announced by the Prime Minister to alleviate poverty, "said Sainju.

However, Sainju also said that there should be proper mechanism to implement the measures otherwise it would be a complete failure.

Survival instinct leads UML to unity polity

By Utpal Raj Misra

KATHMANDU, Aug 21 - A couple of weeks after the main opposition party CPN-UML brought out a proposal for probable unification or cooperation with various "like-minded parties", the party at present is intensively in dialogue with other smaller left parties.

At this point of time when the political situation of the country is very fluid and that the people are disenchanted to some extent by the present democratic system itself, the lefts have chosen the right time for integration.

It is obvious that UML wants to strengthen itself before the upcoming local elections and does not want to be weaker than the radical Maoists just in case they join the main stream politics. And at the time when the country’s communist revolution is going in two extreme directions the smaller parties fear losing relevance if they remain in the middle.

"At this moment the smaller communists parties have realized that they are not reaching anywhere if they continue going the way they are right now," says Govinda Bhatta, a political analyst. He adds that the smaller left parties which till some time back did not consider UML as a communist party, have now agreed to sit for dialogue, discussing possible reunification only because of their compulsion in order to survive.

UML seems more interested in unification with ML, its breakaway faction than any other parties as it has "realized" its importance, and ML because it too saw no benefit in maintaining its party status without the possibility of coming into power in near future. But mostly, as Bhatta says, "because the public support and cadre loyalties of both parties started to flow towards the Maoists".

The UML has already discussed with CPN-ML, CPN-Marxist, United People’s Front (UPF), CPN-Marxist Leninist and Maoist and today it held discussions with CPN-United seeking cooperation and if possible unification.

According to Bharat Mohan Adhikary, former Finance Minister and coordinator of UML’s newly formed talk committee, the UML is sitting for dialogues with CPN-Masal and Nepal Workers’ and Peasants’ Party on Thursday.

Adhikary says that till now all the parties have given very positive response and they would further carry on with "second round of talks" starting from Friday.

Rajendra Shrestha, Central Committee Member of ML, however, says that unification is not possible until there is differences in principle and ideology. "We have been in dialogue with all other parties and not with the UML. It is possible that we unite with any other parties even the Maoists if they decide to leave arms and join the mainstream politics as they have already said that they are for new democratic system."

However, Shrestha agrees that left unity is essential at the time because of the "new turn of situation" in Nepal and that there should be at least "unity in action" of all the left parties.

Lila Mani Pokhrel, General Secretary of the United Peoples’ Front rules out complete merger with UML but says that his party has always been ready for forming a united working front. "The political situation and public mood now demand radical change. The only way to deliver to the public demand is to integrate the left parties and work towards radical reforms," he says.

It is most likely that the lefts will end up forming a formidable united front and move together in the near future. They are giving out various justifications for their actions, but sheer survival instinct seems to be the reason behind these integration efforts rather than anything else.

Man massacres 6 family members in Tanahun

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DAMAULI, Aug 21 – A 36-year-old man killed his wife, daughter, mother and three other relatives over a family dispute during dinner at Tanahupurkot VDC and has fled the scene, police said today.

One more person was also injured in the incident.

The man identified as Chuda Bahadur Kumal went on the murder rampage at the family dinner on Monday over a simple dispute with his wife Murli, 35. The couple got into a fight after their daughter Ranjita spilled some rice.

According to eyewitnesses and the police investigating the case, he picked up the dagger (Khukuri) that was being used by Murli to slice meat and assailed her. He also assaulted other members who were trying to flee and seek help.

After attacking four of them, he left the house in search of his other daughter and niece. The two had fled the scene for help.

When two neighbors who were also related to him tried to stop, they too were attacked. Another relative Gajendra, 10, was also injured in the incident, has been moved to Kathmandu for treatment. His condition remains critical.

Besides his wife and daughter, others who succumbed to the injuries have been identified as his mother Khuiti, 53, aunt Kali, 84, relatives Dal Bahadur Kumal, 23, and Abhishek Kumal, 10.

The whole incident took only about 15 minutes at about 6 p.m Monday. The district police knew about the incident four hours later. Police have begun a search for the killer and following his trail. He had walked to Turtur Bazaar about two hours walk from the village and bought a pack of noodles. Until then the news of the incident had not spread.

The bodies of the deceased have been sent for postmortem.

NTC opens ‘busy call’ transfer service

By Kiran Chapagain

KATHMANDU, Aug 21 – Many a telephone user have probably gone through the frustrating experience of trying to make a call, only to find the other line "engaged" or busy. The caller instantly makes another attempt, and another, and another, until she/he finally gets through.

While this not only wastes time and energy, it also puts tremendous load on the Exchanges of Nepal Telecommunications Corporation (NTC). Inside Kathmandu Valley, NTC says, 40 percent of all calls in any given day never connect, causing tremendous pressure on the Exchanges.

But now the state-run telecom monopoly is finally doing something about it. In fact it has already introduced a new service that automatically transfers such failed calls to another number, raising the probability of a successful call. The alternative number must be pre-registered, and works for only those customers who have easy access to more than one telephone line.

Since August 17, NTC’s regional office at Sundhara has opened the so-called "Busy Transfer" facility for the customers of the Kathmandu Valley to reduce the increasing load on the Exchanges. The new facility can be provided through a simple application. No additional deposits are necessary.

"NTC has now for the first time opened the access of Busy Transfer, a software, in the Kathmandu Valley to lessen the increasing call failure in the Valley," said Naresh Kaji Shakya, the executive engineer at the office.

At present there is 40 percent call failure, also called call attempt failure, said the engineer. "The call failure leads to a load to the Exchanges. The software is expected to relieve the Exchanges from heavy load during busy hours," he said.

Most of the load occurs through repetitive dialing to the same telephone despite it’s being "engaged." But the new facility allows the transfer of such "engaged" calls to another number pre-registered by the receiver. The transfer is instant. In effect, this means only customers who have easy access to more than one phone line can avail of this facility.

NTC hopes the software will also boost its revenues. The telecom monopoly has already begun charging for the automatic transfers. The charge is equal to one local call.

Though the facility is already available in the Valley, not all customers can have access to it. The reason is that some of the NTC Exchanges are old and needs considerable upgrading before the special software can be added to them. Of the three NTC Exchanges in the Valley ( Gateway Exchange, Central-2 and Central-3), only Central-3 is modern enough to support the software, NTC officials say. However, they have plans to upgrade the Central-2 Exchange by 2002 and add the new software there too.

In practice, what this means is that customers having phone numbers between 220000-229999 (Sundhara), 537000-543999 (Patan), 470000-473999 (Chabahil) and 610000-613999 (Bhaktapur) will be deprived of the facility for now. "They will enjoy the facility only after the software of the Exchange will be upgraded by 2002," said Shakya, the engineer of NTC.

Despite its recent introduction, the "Busy Transfer" software is not new. It was first introduced in Nepal in 1995, but customers had to pay an initial deposit to avail of the service. What NTC has done now is to do away with the initial deposit and making it available to any customer simply through an application. NTC says they will soon extend the facility to other towns in Nepal.

Players still made to live with hope

By Suman Malla

KATHMANDU, Aug 21 - There was an air of exultation all over   as Nepal netted 65 medals, including 31 golds when the South Asian Federation (SAF) Games was held in 1999, in her own soil after 15 years.

Indeed, never before in the history of Nepali sports did the home team’s performance received such national adulation as the 8th SAF Games, which were held in Kathmandu in 1999. Nepali officials, who had earlier hoped for a third position, were more than happy when Nepal finished second in the medal tally, above regional sports giants — Sri Lanka and Pakistan.

It was an unprecedented leap exceeding all previous records, thanks to karate and taekwondo where Nepal bagged all but four golds out of possible 32.

The contrived euphoria is extinct since. And with the next edition of the SAF Games in Pakistan just round the corner, the players are carrying the mood of despondency. The sportsmen and women, who sweat it out on the field for the honour and glory of the country, feel cheated.

"We’re yet to receive the full amount of cash prizes for the medals we won in the last SAF Games," says Rajendra Kapali, a table-tennis player. "Our repeated plea only fell into deaf ear."
Kapali, who brought two gold medals for Nepal in the open men’s double and mixed doubles events, complains he has received only Rs 25,000 instead of Rs 100,000 he was entitled to. His mixed doubles partner Gita Ranamagar, who also won two bronze medals in mixed and women’s doubles, is waiting for the outstanding sum of Rs 75,000.
The country’s apex sports governing body- National Sports Council (NSC) had distributed Rs 150,000, Rs 100,000 and Rs 50,000 respectively for gold, silver and bronze medal winners.

While the table-tennis players, like the nature of their sport, were calm in their approach, their colleagues from karate and taekwondo showed much aggression.

"It’s been too long since we’d been promised the surprise package," said Rabi Maharjan, the karate gold medallist in 55kg. "We need the surprise package before the 9th SAF Games."

In the wake of that historic achievement, the then Minister for Education and Sports Sharat Singh Bhandari informed the government’s ‘surprise package’ for the gold medal winners. And the erstwhile Prime Minister, Krishna Prasad Bhattarai, at the function held in honor of the medallists, announced the surprise package: "Each gold medallist will be provided with land and suitable job."

Even as the players waited for the package, the change in the government saw Amod Prasad Upadhyay replace Bhandari as the Minister for Education and Sports. He was quick to eschew an emotional reaction among the sportsmen and women saying that the new government would accord high priority to sports.

But after waiting over a year, when they decided to put their plea in front of Minister Upadhyay, much to their disbelief, he declined to listen to them. It triggered a mood of depression and aggression among the players.

"It’s very unfortunate that the administrators who have time to wriggle out and stay on enjoying the luxury of office don’t have time for players like us," the agitated players said. In a press release Monday, they even threatened to boycott the 9th SAF Games unless their demand is met before the Games.

NSC has already announced to field a 232-member Nepali contingent including 160 athletes for 14 disciplines, 65 officials and 8 journalists for the 9th SAF Games slated for October 6-15.

For the authorities, who have just been assured of surplus fund by the Ministry of Finance to meet the requirements of players, this player rebellion has posed a serious threat. However, Binod Shankar Palikhe, the member-secretary of NSC who attended a meeting with Minister Upadhyay alongside the players Tuesday hopes that the problem would be resolved soon.

"Sports Minister has assured players to solve the issue before the 9th SAF Games," he said.

According to him, the previous government made the announcement of surprise package but failed to get an approval from the cabinet.

"However, Minister Upadhyay has pledged the players that he would raise the issue at the cabinet meeting," Palikhe added. "He also assured that the players would be getting appropriate reward in cash if the land couldn’t be provided."

For now, the players, who are meeting with the Prime Minister Sher Bahadur Deuba on Thursday, look content following the meeting with the Sports Minister.

"Minister looked positive on the issue," said a player, who preferred anonymity. "We hope our demand will be fulfilled allowing us to concentrate on the upcoming Games."

But they are quite skeptical too. Because they have waited for more than a year and nothing happened. "We will wait for the government’s decision. If nothing happens, we will once again take to the street," one of the members attending the meeting said.

Locals picket police station in Parsa

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BIRGUNJ, Parsa, Aug 21 - Locals surrounded a police station for about 30 hours accusing policeman of beating a 50-year-old woman to death in the Mahadevpatti VDC, about 40 km north-west of district headquarters, a report said Tuesday.

Prier to that the infuriated locals went around the village carrying the dead body of Lal Mati Devi.

A team of 15 policemen had gone to the village on Saturday to destroy a hemp farm at the VDC based on a tip-off. Locals accused the policemen of beating her who requested them not to destroy the hemp farm she had planted.

The police inflicted a lethal blow upon Lal Mati who reportedly clashed with the police in a bid to stop the police from uprooting the cabbages while they were searching for hemp farm.

"A police kicked her several times with his boots as Lal Mati clung to his feet requesting him not to destroy her cabbages," a local said. Locals said that the woman died on the spot after being beaten by police severely.

Upon hearing the incident, the locals picket the police station demanding actions against the culprit and an immediate compensation to the bereaved family.

However, in a dramatic move, local Maoist cadre interfered with the policemen and took the situation under control.

Locals said that Maoist cadre ordered the policemen to pay Rs. 30,000 in cash and the VDC Rs. 10,000 as a compensation to the bereaved family. The payment is to be made to the bereaved family within seven days.

However, the locals were still demanding that further enquiry be carried out in connection with Lalmati’s death. Deputy Superintendent of Police Yogendra Bahadur Katuwal, however, claimed that she died of her natural death as she was suffering from cardiac problem.

Refugees skeptical over 11th JMC meet

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BHADRAPUR, Aug 21 – Bhutanese refugees have expressed their skepticism about the outcome of the three-day 11th Joint Ministerial Committee (JMC) meeting in Thimphu that began on Tuesday. The details of the talks are not known so far.

Finance Minister Dr Ram Sharan Mahat flew to the Bhutanese capital on Monday with top officials to hold talks with Bhutan’s Foreign Minister Jigme Y Thinley.

The refugees feel that the dialogue will only serve to prolong the problem instead of expediting their repatriation to Bhutan.

"The talks have been going on for the last 11 years and the as late as in the 10th JMC meet, the Bhutanese side has not changed its stance that it put forth in the first JMC," said D P Kafle, the general secretary of the People’s Forum for Human Rights in Bhutan.

Bhutan has still not admitted that Bhutanese refugees are staying in the refugee camps in Nepal. Kafle pointed out the recent resolution passed by Bhutan’s National Assembly which said that those who emigrated from the country must not be allowed to return.

"Nepal made a mistake by agreeing to four categories and it is this categorization that is proved a stumbling block to the solution of the Bhutanese refugee imbroglio," added Kafle. The two countries had earlier categorized the refugees into Bhutanese, non-Bhutanese, Bhutanese who emigrated willingly and Bhutanese with criminal records. Bhutan has been maintaining the position that it would allow the repatriation of only those refugees which belong to the first category.

However, Kafle and other Bhutanese refugee leaders have expressed their happiness over Finance Minister Dr Ram Sharan Mahat’s Monday’s statement on reducing the categories to only two –Bhutanese and non-Bhutanese.

Meet on natural resources management

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KATHMANDU, Aug 21 – A thematic group meeting on Natural Resources Management and the formulation of Sustainable Development Agenda for Nepal (SDAN) convened in the Capital today.

Through this meeting, SDAN aims to provide a framework for analysis and a focus for debate on sustainable development process of negotiation and consensus building, states a press release issued here, said a press release received here today.

The meeting was also intended to initiate the preparation of country report for the forth coming World Summit on Sustainable Development (WSSD) which will be held in mid 2002.

Participants from government, donors and concerned experts discussed on the strengths and shortcomings of the existing sustainable development policies and strategies of Nepal.

The meeting was jointly organized by National Planning Commission (NPC), Ministry of Population and Environment (MOPE) and United Nations Development Program (UNDP).

Two ML leaders' suspension sought

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KATHMANDU, Aug 21 – Two high level members of CPN-ML have been accused by their own party members of helping eight participants of the 15th World Meet and Student Festival, in Algiers "run-away" and have sought their suspension from the party.

A meeting held under the chairmanship of Rabindra Adhikary, President of All Nepal National Federation of Students’ Union (ANNFSU) today filed a formal complaint to ML General Secretary Bam Dev Gautam demanding that the two accused Rup Narayan Shrestha, member of the National Council of ML and Uday Raj Pande, Chairman of Democratic National Youth Association be suspended from the party.

A team of 37 members, all political workers and students close to ML had left Kathmandu on August 6 in order to participate in the festival held from August 8-16 in the capital city of Algeria where around 25,000 students and youths from all around the world had participated in.

But eight of the team members ran away from Dubai and London, en-route to Algiers. Among the disappeared are Banshi Kumar Harma from Dang, Binod Agrawal from Sunsari, Nanda Lal Amai, Banglung, Deepak Khadka, Kaski, Shakti Sherchan, Kathmandu, Samrat Sherchan, Mustang and Pradeep Kunwar, an active member of the ruling Nepali Congress.

Rup Narayan Shrestha denied that anything of that happened and waved away the news as "rumour" and said only one student leader had filed a complaint but it was baseless. On the other Pande claimed that only 29 people had left Kathmandu for the festival.

It has been accused that both Shrestha and Pande had taken Rs 8 lakhs each from the disappeared members.