PM meets Oppn leader
Fails to break deadlock

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PM Girija Prasad Koirala leaving the residence of Opposition Leader Madhav Kumar Nepal after holding a meeting, Thursday.

KATHMANDU, Feb 22 – Prime Minister Girija Prasad Koirala met the Leader of the Opposition, Madhav Kumar Nepal, at his residence today in an attempt to break the current impasse in the Parliament. However, the meeting failed to reach a breakthrough.

According to Deputy Prime Minister and Home Minister, Ram Chandra Poudel, the Prime Minister asked the General Secretary of the main Opposition party Communist Party of Nepal (Unified Marxist Leninist) to treat the Lauda Air controversy and the disruption in the Parliament as two separate issues "so that the House can conduct regular business".

The meeting lasted nearly one and a half hour. Nepal told Koirala that he would have to consult other Opposition parties on the issue. Initially, both sides stuck to their guns over the demand for the Prime Minister’s resignation. Defense Minister Mahesh Acharya and Foreign Minister Chakra Prasad Bastola accompanied PM Koirala. The other UML leaders were Bharat Mohan Adhikari, Ishwor Pokhrel, Yuvaraj Gyawali and Subhas Nemwang.

Since its opening day on February 9, the 19th Session of the Parliament has been stalled six times over the demand for the PM’s resignation for his alleged complicity in the RNAC-Lauda Air wide-body jet lease deal.

Later speaking to The Kathmandu Post, both UML politburo members Adhikari and Pokhrel admitted that the PM and his colleagues had indeed sought the Opposition’s cooperation to help conduct the regular proceedings of the House. "We repeated our five-party joint demand that PM Koirala has to resign to help facilitate investigations into the controversial Lauda deal," said Adhikari. "They insisted on allowing the Parliament to run and so it went. However, the atmosphere of the meeting was cordial."

Adhikari revealed that they had questioned the PM on the reported four proposals that he had presented at his party’s Central Working Committee meet to break the present deadlock – his resignation, no confidence proposal against him in the House, a national government comprising the parties represented in the House and a snap poll. "We told him that neither are we demanding a national government nor that a mid-term poll is the proper solution. Since we are not challenging the NC’s majority, they could elect another PM. Koirala should resign and come clean. He can become PM again if he is found not guilty."

On the UML’s proposal to include the other four parties – Rastriya Prajatantra Party, National People’s Front, United People’s Front and Nepal Mazdoor Kisan Party – the PM, said Adhikari, replied that he would discuss with them at a later date. There is no schedule for immediate next dialogue with the government.

According to UML’s Iswor Pokhrel, Ministers Acharya and Bastola came to General Secretary Nepal’s house in the morning, requesting today’s meet which was confirmed during the Opposition parties’ meeting. "Our demand is legitimate as PM Koirala has lost the moral ground," said Pokhrel, replying to the charge that the Opposition had gone beyond its mandate in disrupting the House. "It is not a politically motivated demand nor an issue of law and order. Since it is a case of corruption, it is a criminal offence in which the PM is seen to be involved."

Pokhrel added that the agenda of PM’s resignation is the topmost issue in the Parliament and until that was achieved, other matters could not be taken up. At today’s meeting, the five Opposition parties decided that they will continue to disrupt the House proceedings.

Meanwhile, at a programme called by Speaker Taranath Ranabhat, political leaders and constitutional and parliamentary experts suggested the Speaker to continue discussions with the parties to find a solution to the current impasse. Some pro-government advocates suggested using the marshals to force the unruly Opposition members out of the House and conduct regular proceedings.

Former Speaker Daman Nath Dhungana suggested to Speaker Ranabhat to assert his authority in asking the PM to be present in the House proceedings even when the Opposition disrupted the House demanding his resignation. "PM’s absence is a big factor in letting the situation worsen in the House. His presence in the Parliament will make a big difference."

Terming the Opposition’s disruption of the House against the norms, Dhungana questioned whether it was the communist parties that would decide which charges should be levelled against whom. "Are they usurping the function of the executive, the legislature and the judiciary?" Dhungana advised Ranabhat to ask the Opposition to first table the PAC report on Lauda deal in the Parliament and ask them the basis for their demand for the PM’s resignation. However, he blamed the infighting in the Nepali Congress for the current crisis. A section of the MPs have been demanding Koirala’s resignation.

Narhari Acharya of Nepali Congress too objected to the Opposition’s adamant attitude. "How many Prime Ministers shall we go on changing?" asked Acharya. He added that the party was fully united to face the situation.

Nepal has serious clauses against abortion: Angela

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KATHMANDU, Feb 22 - Angela Gomez, the visiting president of International Planned Parenthood Federation (IPPF) today said that Nepal has "serious clauses against abortion" and that she will be meeting government authorities and lawmakers in this regard.

She, however, did not specifically mention that her attempts would be towards legalisation of abortion. "I will be meeting people from the Parliament and government regarding abortion," said Gomez at a press conference organized by Family Planning Association of Nepal (FPAN). "But nothing can be achieved until the public perception towards abortion is changed."

The IPPF president arrived here today on a four-day visit to Nepal. IPPF provides funds to the family planning associations the world over, and has been contributing nearly half of the annual budget of the FPAN, an NGO, every year. Gomez is a Colombian national.

A Bill is currently under discussion in the Parliament, which proposes to partially legalize abortion in the country. The Bill brought to make 11th amendment to the Muluki Ain - 2020 has not met many objections. Nepal is one of the eight countries in the world that bars women from their right to choose whether to give birth or not.

Gomez also announced that IPPF’s one of the six regional offices in London will soon be shifted to Kathmandu. The six regional offices are based in New York, Brazil, Nairobi, Tunis, Kuala Lumpur and London.

She said that Nepal being one of the "smallest yet very populous" is the reason why the office is being shifted to Kathmandu, and added "special attention will be given to Nepal’s youth so as to make them more aware of HIV/AIDS and planned parenthood".

She also expressed concerns that the George W Bush government has banned US aid to international organizations that conduct or "actively promote" abortions. "The Republicans have a conservative tendency towards abortion," she said.

She added, "The Republican congress has decided not to support our organizations. And with our own funds also we are not allowed to go on with the activity, neither speak about it."

IPPF is said to be the world’s largest voluntary organization in the field of sexual and reproductive health. While in the country, Gomez will visit projects around Kathmandu as well as a youth information centre at Kavre branch. Gomez was also due to address the 32nd meeting of the NGOCC, the central body of all NGOs in Nepal, Thursday.

2 policemen killed, 4 injured in blast

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SINDHULIMADI, Sindhuli, Feb 22 - Two policemen, including a Sub-Inspector of Police, were killed and four others seriously injured in a Maoist land-mine explosion in a jungle of Nepale Shikhar Thursday morning, Chief District Officer, Ganga Prasad Luitel, said. The site of the incident is located about 12km east of the district headquarters.

The policemen killed by the blast have been identified as Sub-Inspector of Police, Indra Bahadur Basnet from Dhanusha, and constable Teknath Ghimire from Taplejung. Four others who sustained serious injuries have been airlifted to Kathmandu for treatment.

A 28-member police reinforcement, led by Sub-Inspector of Police Basnet, left the Belbari-based area police station for Chharchhare Danda of the Belabari VDC after receiving information from an unidentified person about a bomb explosion at a telephone tower at Chharchhare hill.

The police reinforcement trekked for about one hour from the police station before reaching the site of the blast.

CDO Luitel said that he received no more details about the incident as another police reinforcement despatched to the site was yet to return to the district headquarters.

VDC Chairman, Chhatra Bahadur Dahal, who was about to leave his home for the district headquarters, said that he also heard huge explosions in the Nepale Shikhar jungle in the morning. He also said that Maoists destroyed the Chharchhare-based telephone tower Tuesday. Following the land-mine explosions, the rest of the police at the post fled to a nearby jungle, Chairman Dahal said.

TCN denies corrupt practices

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KATHMANDU, Feb 22 - Top officials from the Ministry of Forest and Soil Conservation (MoFSC) denied that there was any corruption involved in the sale of timber, as accused recently in the media.

Calling a press conference here on Thursday, MoFSC Secretary Ravi Bahadur Bista, said that all the operation of Ministry and all the departments under the Ministry were in accordance with a fixed policy.

He said that the policy of MoFSC was one of the best policies in the world in terms of both organization and manpower, and that the policy was fool proof that left no room for corruption.

High level MoFSC officials, including a former state minister, the general manager of Timber Corporation of Nepal and others have been fingered out as the prime accused in the huge timber scam that has been busted by Kantipur and The Kathmandu Post.

According to estimates, the actions of these officials and the former Minister of State for Forests and Soil Conservation Mohammad Aftab Alam has cost the national exchequer about Rs 40 million in lost revenues.

On Thursday, Secretary Bista said that at present there were only three ways of selling timber, a) through District Forest Produce Supply Committee b) through bidding process of district forest offices and c) through the process of Timber Corporation of Nepal. He denied that any timber was sold on the directives of a Minister or any Department.

However, investigations by Kantipur and Post reveal that more than Rs 150 million in royalty was lost as the Timber Corporation of Nepal (TCN) sold more than 150,000 cubic feet of timber directly on the directives issued by Ganesh Raj Upadhyay, General Manager of TCN.

Previously also TCN was accused of losing around Rs 250 million in royalty as 113,000 cubic feet of timber was sold directly on the directives of the then Minister of State for Forest, Mohammad Aftab Alam.

Ganesh Prasad Upadhyay, General Manager of the Timber Corporation of Nepal (TCN) said that TCN was a department under the MoFSC and did not work with the motivation of making profit. He explained that keeping in mind that the general public was not able to compete with the businessmen while purchasing wood through auction it was decided in 1994 by the then Ministerial board that TCN would sell 50 per cent of wood to the general public. "It is due to that TCN did not auction all of its wood," he said.

Upadhyay denied that any portion of wood reserved for the general public was sold to businessmen. "No person can buy more than 200 cubic feet of wood. Therefore, question of a businessman buying all the wood and selling at a higher rate does not arise," he said.

When pointed out that the TCN had sold 1,100 cubic feet of timber to a single businessman, Upadhyay flatly denied it. "If you can prove it, I will tender my resignation," he said.

Fate of DNY-2002 uncertain, Sports Himalya Year-2001 paralysed

By Shree Ram Subedi

KATHMANDU, Feb 22 - The government’s plan to bring in one million tourists during the year 2002 is over ambitious and is unattainable, say tourism experts and transport enterpreneurs.

The Tourism Council, of which the Prime Minister was the chairman, had decided to celebrate the year 2002 as Destination Nepal Year (DNY) last year. No clear action plan has come out to date, barely ten months before the real goal to be achieved. Furthermore, the proposed high level committee to execute coordination with various national programmes has also not taken its shape yet.

The Ninth Five-Year Plan, on its 20 years long projection, has targeted to bring in around 676,414 tourists and expected a compound growth of 10 per cent each year. This target, even if met, will not bring one million tourists, as the government targets.

To run in the pace of global and regional competition, this sort of programme needs sufficient homework and at least a couple of years to plan it, said the entrepreneurs. "The mere announcement without a national commitment, may turn out to be merely a political slogan," they say.

Three different ministers have taken over the portfolio of Tourism Ministry since the declaration of the DNY-2002. Just like the allegations made by the entrepreneurs, high level officials at the Ministry of Culture, Tourism and Civil Aviation concede that uncertainty prevails on the execution of high-pitched programme.

A total of Rs five million has been allocated for this fiscal year for the infrastructure development for this ambitious project, says Kashi Nath Sharma, Joint Secretary at the Ministry.

With just four months left for the completion of the current fiscal year, not a single penny out of it has been spent till now. The reason: lack of specific programme and area to spend it. "We have recently proposed a high level committee under the chairmanship of the Minister and the homework is being done in this regard," clarifies Sharma. "For this we will take support and mandate from the private sectors before announcing the action plan."

Nepal Tourism Board too, on its draft plan submitted to the Ministry last July, has pointed out the need to constitute a "High Level Committee" and emphasized the need of national exercise before its implementation.

"We had interacted with the private sector before submitting the Plan" an official at the Board says. "Government must launch the programme officially," adds he.

"This reflects the gross negligence of the government on this part to execute its plan," laments Narendra Bajracharya, President of Hotel Association of Nepal (HAN).

"Now the question is whether tourism is needed for this country or not. If yes, the government must be serious for it," says Bajracharya. Just like the questions of the implementation of DNY-2002, uncertainty is being expressed over the implementation of Sports Himalaya Year 2001.

Declared simultaneously on the decision of the same "Tourism Council", which had declared the DNY-2002 last year, there is no budget and programme for this proposed adventure filled Sports Year.

Though the officials at the Ministry argue about rolling back the decision, they agree that no step has been taken in this regard.

Asked whether DNY-2002 will suffer the same fate, Joint Secretary Sharma said the government is committed to celebrate DNA-2002 with full strength and added that the government is planning to combine it with another programme titled "The 50 years of ascent to the Mt Everest on 2003" together and make both of them successful.

Tourism industry contributes nearly four per cent to Gross Domestic Products (GDP) and is a major source of foreign exchange earnings, along with multiple effects on economy.

AG-CIAA confrontation imminent

By Pramod Poudel

KATHMANDU, Feb 22 - The clash between the Attorney General (AG) and the Commission for Investigation of Abuse of Authority (CIAA) became evident as the lawyers from both the sides pleaded in the crowded courtroom of special bench comprised of Chief Justice Keshav Prasad Upadhyay and Justices Laxman Prasad Aryal, Kedar Nath Upadhyay, Krishna Jung Rayamajhi and Govinda Bahadur Shrestha.

The hearing was on a writ petition filed by Attorney General Badri Bahadur Karki arguing that the Commission for Investigation of Abuse of Authority has interferred over AG’s authority, to which Supreme Court (SC) had issued a show cause notice on Tuesday.

During the hearing today, Karki said that CIAA’s such act will ensure confrontation between the two institutions. He argued that the article 110 (2) of the Constitution has given AG the role of chief prosecutor on behalf of the government. AG is not required to seek advice from any sector.

"It is disheartening that a question has been raised on my integrity," said Karki, adding, "It is indeed undermining of the responsibility of the AG’s position."

"How can it be justified that a person with no legal background to ask me of the legal provision used to cancel Maskey’s case?" Karki questioned.

"How is it possible to question the decision of the prosecution?" Karki queried, terming it as illegal and unconstitutional. "I decided not to prosecute the case as NRB had instructed other commercial banks not to accept Indian currency of Rs 500 denomination," Karki said arguing how could he be prosecuted when the currency in question did not fall under NRB’s regulation.

"The status of import and export of such currency changed only after the 2057-58 budget announcement that banned on the flow of such currency-notes from Shrawan 1, this year. But, prior to this there was no restriction to carry such currency-notes," said Karki. And, it is on this basis that the Attorney General had withdrawn the case.

Arguing from the petitioner’s side, senior advocate Ganesh Raj Sharma said that the AG in his authority has to decide on number of cases every day. Therefore, the court should issue interim order against CIAA’s such acts.

"The government can be criticised if Attorney General commits a mistake, but no question can be raised against the decision of AG," argued Sharma.

CIAA should not have challenged the AG’s decision. "This is indeed an act to bring about a confrontation between two important constitutional organs," said Advocate Harihar Dahal.

Pleading from the CIAA’s side, Advocate Anoop Raj Sharma argued that the article 98 (1) of the Constitution has provided CIAA the authority to conduct inquiry and investigations against those holding public office. "The Attorney General is not excluded from being investigated," said Sharma.

Sharma even questioned what difference does it make if AG answered the questions asked to him. He ruled out the possibility of irreparable loss if CIAA seeks some papers and clarification from AG. "CIAA has the authority to investigate AG," he said.

Sharma said that it would affect the investigation of the Maskey case, if an interim order is issued.

"Why AG cannot be prosecuted when other government lawyers can be taken to court," argued Advocate Sushil Pant. "The article 98 (5) of the Constitution has empowered CIAA to delegate the power regarding investigation to any government’s employee," said Pant. Pant was implying CIAA appointing Krishna Prasad Sharma of Special Police Department as investigating officer.

He argued that if an interim order is issued then, in future, there can be no investigation and prosecution against AG and other government lawyers in any corruption cases.

"The party (AG) has accepted to move ahead by sending a letter to the investigating officer seeking of such documents, which is not mentioned in the writ," said Pant.

"When the CIAA can investigate the Prime Minister (PM), how is it possible that AG who is appointed by the PM cannot be investigated," argued Pant.

Advocate Shambhu Thapa argued that the case of Maskey should first be dealt with. "There is no way the court can entertain the writ petition now," he said.

During the hearing Justice Kedar Nath Upadhyaya had asked whether CIAA is trying to investigate on charges of corruption, to which Thapa had answered, "It is the initial phase of investigation".

The investigating officer had asked AG seven questions, which included; why there was no prosecution and the money returned to Maskey who tried to smuggle the Indian currency despite the provision of the Ministry of Finance which prohibited the Indian currency to be carried to any country besides India.

"On what ground it was defined that the Indian currency of 500 denomination could not be treated as foreign exchange when the Nepal Rastra Bank had exchanged such confiscated Indian 500-denomination currency notes with the Reserve Bank of India? And, on what legal basis was it accepted that Maskey was taking the currency to India when the money was confiscated while he was heading for Singapore.

The Supreme Court on January 9 had cancelled Sunil Maskey’s writ of habeas corpus paving way for CIAA to investigate the case. Maskey had tried to smuggle Rs 12.1 million (IC notes in 500 denomination) to Singapore more than two years ago.