Report has flaws: Experts

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KATHMANDU, June 15 – Constitutional lawyers and   experts in criminal investigations say the report presented by the powerful probe committee Thursday is incomplete and lacks professionalism.

They say the report fails to corroborate eyewitnesses account with facts and also fails to reach any conclusion about the June 1 Royal Palace massacre. " It is not the conclusion but confusion that the report offers," says a senior constitutional lawyer on condition of anonymity.

The members of the probe committee have said that they have done their best to bring out facts within the limitations of the Terms of Reference (ToR) given by the King. However, the senior lawyer argues that ToR asked the committee to "find out facts and truth about the incident". "Finding out facts doesn’t mean just recording the eyewitness accounts," he argues.

After the June 1 incident, the worst ever regicide in modern Nepali history, the much asked questions by the Nepali (and the foreigners) was: Who pulled the trigger and why?

What makes the report incomplete, according to them is that it tries to answer the question "Who ?" by drawing inference, based on eyewitness accounts, that the then Crown Prince Dipendra shot dead the King, royalties and relatives. "But it doesn’t bother to answer the question "Why," say experts.

However, is it not that the report doesn’t indicate to any "motive" or possible reason behind the killing. There are two weak inferences on this front as well.

The first inference points towards the possible marriage dispute between the then Crown Prince Dipendra and his parents. The probe committee’s interview with Prince Paras, Pashupati Sumsher JB Rana and his wife roughly points towards that dispute. However, two facts confront the possibility that the dispute exactly helped trigger the killing: Dipendra saying, "I am going to sleep, I will talk to you tomorrow, good night " to Debyani Rana at 8:39 p.m. and Prince Paras’s account that Dipendra told him that he would talk to late King Birendra (his father) about the marriage on June 3.

King Birendra could have shot Dipendra

KATHMANDU, June 15 (PR)- His Late Majesty King Birendra Bir Bikram Shah had made a last moment effort to shoot at his own son, and stop the then Crown Prince Dipendra from firing indiscriminately at the Royal Palace on June 1 that killed nine of his own family members.

According to interviews given to the high-level probe committee by Princess Shova Shahi, sister of late King Birendra, and Prince Paras Shah (son of His Majesty King Gyanendra), late King Birendra had held the 9mm Caliber MP-5K automatic sub-machine gun which the then Crown Prince had thrown after his first attack in the billiard room. Late King Birendra was already hit by then.

"His Majesty (King Birendra) picked up the small weapon MP-5 automatic gun which he (then Crown Prince) had thrown before entering the room and shooting at the late King and others the second time.

Capital remains calm

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KATHMANDU, June 15 - A day after the high-level committee made public its report on the Narayanhiti carnage of June 1, the Capital, remained calm today even as the armed police personnel continued to patrol the streets. The tense look of the previous evening slowly faded away as life carried on normally in the city.

Looking at the violence, protest and the public mood of the previous week, many feared that there would be a fresh outbreak of violence and protest in the streets after the committee came out with its investigation reports. But as it seems now the general people, who were not ready to believe the media reports and eyewitness accounts a week back, have digested the explanation given by the committee even though it was in the same line as the previous reports.

"We have to believe what the committee has said...we will never get a better explanation than this," said a taxi driver Govinda Adhikary from Khaireni.

Most of other people were of the opinion that they should accept the report of the committee "no matter how unconvincing it was" and there were many who did not even want to talk about it.

"I will never be able to believe that the Crown Prince shot his entire family but as everybody including the committee has said it, I guess I must take it," said a woman not wanting to be named.

"Let’s not talk about it...everything is over, talking over the matter is not going to help anyone," said a middle aged man without identifying himself.

Similarly, no major incident of violence has been reported from any part of the country over the matter. However, some protests by the students belonging to All Nepal National Federation of Student Unions (Revolutionary) ANNFSU(R), the student wing of the underground Maoist party, have been reported from some parts of the country.

In Biratnagar, the members of ANNFSU(R) took out a rally protesting the committee decision.

Court frees Kantipur journalists

By Pramod Poudel

KATHMANDU, June 15 - The Special Court on Friday freed Kantipur Daily Editor Yubraj Ghimire and the Kantipur Publication’s executives Kailash Sirohiya and Binod Raj Gyawali who were held in detention for the past nine days on charges of sedition against the State.

The court today released Ghimire on a bail of Rs 2,000 while the other two executives Sirohiya and Gyawali were released on a normal date despite the government attorney’s demand that the trio should face trial remaining in custody.

The trio are asked to be present themselves before the court on July 16. The Special Court Chairman, Mohan Prakash Sitaula and members Jagannath Pathak and Gyanendra Bahadur Karki made the ruling.

The trio were detained and lodged at Hanumandhoka Police Station on June 6 for publishing an article by Maoist leader Dr Baburam Bhattarai on Kantipur daily the same day. The government deemed the article provocative. The article had alleged that a conspiracy had led to the June 1 palace killings.

Chairman Sitaula citing "lack of basis for the charges" ruled out the detention of the trio for the trial. Chairman Sitaula said he asked for the bail amount from the Ghimire only because the editor is accountable for what is published in the newspaper unlike the publishers.

Lawyers have taken the court’s decision "positively" as the difference between the editorial and the management has been defined.

After the ruling, Sitaula stressed that the Judiciary - the third organ, and the Press - the fourth organ of the State, are based on peoples’ faith and should work for the strengthening of the State.

Coming out of the courtroom following his release, editor Ghimire said, "It is just the beginning of the battle and it is the definition in Constitution that we are fighting against."

"We pursue professional journalism and just because government act with an element of vendetta against us we can’t deviate from our professional journalism," Ghimire said.

Defences counsel Daman Nath Dhungana, a former Speaker of the Lower House, acclaimed that the court’s decision was victory to the Nepali media. "The government’s move to arrest the trio was meant to put on psychological pressure on the press and media, but the court’s decision has removed such fear."

Earlier in the course of the hearing, defence lawyers had argued that the levelled charge of crime against the state was "baseless". They had argued that the case should have been filed referring the Press and Publication Act only. Instead, the government had charged the trio referring to the law related to the crime against the State.

During the hearing, the defence lawyers stressed that present laws were not sufficient to censure such articles published in the newspapers. They argued that the press and publication rights as guaranteed by the present Constitution of 2047 BS clearly points out that specific laws are required to be enacted before imposing any such restriction on press and publication.

And, that no laws can be made effective that were enacted prior to the promulgation of the present Constitution drawn 11 years ago.

The charges against them were based on the Act formulated before the promulgation of the new Constitution.

Besides Dhungana, Advocates Ram Krishna Nirala, who is also the Publication’s legal advisor, and Radheshyam Adhikari had pleaded on behalf of the defendants.

Advocate Adhikari had stressed that to prove the charges of sedition against the state, a nexus between the publication and the writer Bhattarai had to be established.

The trio’s detention had caused world-wide protests, with the media and human rights organisations demonstrating for their release.

The Special Court on Tuesday had asked the government to file a charge sheet "if required" by June 15, rejecting the government’s plea to remand them in custody for 25 days. The trios were produced before the court for the first time on Tuesday since the courts had remained closed until then for the official mourning of the royal deaths.

Probe report draws mixed reactions

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KATHMANDU, June 15 – Even as Rastriya Prajatantra Party (RPP) expressed satisfaction with the probe committee report, four minor leftist parties today labeled the report on the Royal massacre "incomplete" and expressed their disagreement with the finding of the report, according to the press releases issued by them.

The RPP expressed "satisfaction" over the conclusion of the report. The press release of the party said today’s meeting of the Central Working Committee appealed for calm and said the people have to guard against vested interests which might try to take some undue advantage at this time of crisis.

The committee, comprising Chief Justice Keshav Prasad Upadhyay and Speaker of the House of Representatives Taranath Ranabhat was formed by King Gyanendra on June 4 to probe the June 1 massacre in the Narayanhity Royal Palace in which 10 Royal Family members were killed. The committee reported that almost all the eyewitnesses blamed the then Crown Prince Dipendra for killing his family members.

United People’s Front that has been speaking of "conspiracy" in the Royal massacre from the very beginning, said the report "was premeditated and meaningless". It adds that the committee report failed to present the true picture of the massacre and could not point out the motive behind the mass murder. No living person has been shown to be involved in the incident, said the party.

Similarly, Communist Party of Nepal (Unity Centre) said the committee’s report was the second part of the drama to declare Prince Dipendra as killer in a premeditated manner. The party said the report was a betrayal and so it opposed and rejected the report. It also challenged the government to form another publicly acceptable and powerful committee.

‘Wedding issue turn up in fateful night’

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KATHMANDU, June 15 - The Commission report posted on the Internet today gives more details of the Royal Palace massacre on June 1.

According to the Nepali version of the full report, the then Crown Prince Dipendra Bir Bikram Shah had differences with his parents over his marriage with Debyani Rana, the then Crown Prince's girlfriend for the last 7-8 years.

"The main motive was the marriage...The issue was raised right where the last birthday party (of the then Crown Prince) was taking place," says Prince Paras Shah, son of His Majesty King Gyanendra to the probe committee.

"Bhai (Prince Nirajan), I were always with Dai (then Crown Prince Dipendra). We always did what Dai told us to do...Shruti, Gorakh and the other sisters were against the marriage," Prince Paras adds.

Prince Paras further goes on saying that the then Crown Prince did tell him hours before the fateful incident that the issue of marriage was up again.

"I had talked about the marriage with Muma (Late Queen Aishwarya) and Afumuma (Queen Mother Ratna) but both said no. I’ll talk with Buba (Late King Birendra) on Sunday," Prince Paras quotes the then Crown Prince as saying, while the two were chatting between 7:40 to 8 p.m. that fateful night. The Crown Prince is said to be drinking whisky but still in normal condition then.

The report also establishes "close relationship between the then Crown Prince and Debyani Rana.

"Debyani is Sarkar (then Crown Prince Dipendra)’s girlfriend... the relationship has been continuing since the last seven to nine years," says Raju Kumar Karki, ADC to the then Crown Prince, to the probe committee. Karki, who has been serving in the Royal Palace since the last 11 years, was slated to leave for "a course" to the United States on June 3 and was on leave when the incident occurred.

Karki adds that the then Crown Prince even used to bring Debyani to the Royal Palace. "The first time was probably two years ago," he says.

It might even be upto Debyani’s knowledge that the then Crown Prince used to smoke special cigarettes mixed with cannabis and the black unidentified substance, he further adds. "We stood a little further when the two used to be together or went out to restaurants or any other place...That is why I haven’t seen them smoking together," he says.

On the other hand, even Pashupati Shumsher Rana and his wife — the parents of Debyani — admits that the then Crown Prince and Debyani loved eachother, during the course of their interview with the probe committee.

Even, Supriya Shah, who is said to be sharing a "friendly relationship" with the then Crown Prince, says that he "wished to marry the that Debyani." Supriya Shah, reportedly a high school sweet heart of the then Crown Prince, had even talked over the phone with him on the afternoon of June 1.

"I had talked with the then Crown Prince over the phone that day at around 11:09 a.m. but we did not talk anything special...We talked normally and he said that he would call me that night," she says. "But he didn’t call..."

"We used to talk over the phone time to time...We used to meet previously but not in the recent days," she further says.

Katte-Bahuns to be chased out of Valley today

By Binaj Gurubacharya

KATHMANDU, June 15 - Its like a zoo out at Jawlakhel, not because it is home to thecountry’s largest zoological garden, but for the hundreds of visitors who have been crowding the small hut nearby for the past few days.

It is not any rare animal or species that is drawing the crown but two elderly Brahmins who just few days ago were just another face in the crowd.

But now with their pictures having been flashed on all the major newspapers and televisions both at home and abroad, these two have become a celebrity of sorts.

Boxed behind a rope bar and armed army guards keeping a careful watch on them round the clock, these two can be seen relaxing on their chairs outside the pati, or rest house, that has been extended with the dark green army tents.

About 20 feet away curious onlookers numbering hundreds gather behind the ropes and watch with amaze these two Brahmins who now will be labelled as katte-bahuns.

All because these two had the katto on the 11th day ritual for King Birendra and King Dipendra on Monday and Wednesday.

"We are just fine ... we have no problems here," said Durga Prasad Sapkota, waving at the people from under the shade of his tent.

People, including journalists have not been allowed near them by the army guards armed with automatic weapons with their finger resting on the trigger.

Sapkota who has been there since Monday, past his required three days stay at the pati, appeared content. He had been well rewarded for his part in the 11th day ritual of late King Birendra. He has reportedly been stacked with gifts and offerings and even belongings of the late king.

However, the other one just fresh from the ritual a day earlier appeared a little worried and not too happy.

"I have not returned back to my home at all, I would be really happy if there was some arrangement made for shelter too," said Badri Prasad Acharya.

Both Acharya and Sapkota had reportedly been asking for a house for themselves on top of the huge offerings. By tradition it is said that when these people ask for anything while they are in between the ritual, it will be granted.

But what exactly did they do to deserve all these. All they did was have the katto, or the meal featuring various delicacies at the ritual day.

There are varying explanations to what exactly they had. Some say it is just a plain meal prepared for that particular ritual. But others even say that that meal in the old days used to be spread with ash from pyre.

"It is just a baseless myth that some people still believe about the meal being some way or the other contaminated with the remains," said Basudev Sharma, who was one the people gathered at the spot.

"No, no, no, it is really spread with the ashes," said another man who did not want to be named.

"It is just a belief. Actually katto is when you have meat with kheer ... people never eat kheer with meat as it is considered katto," said another woman who also did not want to give her name.

On Saturday at around 10 a.m., these two katte-bahuns will be chased across hills over the Kathmandu Valley. In the old days, they used to be chased by the people even throwing stones, through one of the four bhanjyangs or passes out of the valley.

They are suppose to be riding the same elephants they received as gifts on the ritual day. But the elephants were no where to be seen on sight. When asked about it with the guards, they said the elephants were at the zoo just few meters away.

However, the King Mahendra Trust for Nature Conservation guards at the zoo said the elephants had already left the premises and were probably on their way down to their home base in the south. There could not be confirmation to this.

But on the brighter side, these two have already had six offers to buy these elephants. One of them came from Hem Bahadur Malla, a powerful minister in the panchayati days, who wanted to take it to Dhanusa.

Voters list published

KATHMANDU, June 15 (RSS)- The office of the election officer for election of 11 National Assembly members including one woman member has been set up at the parliament building, Singhadurbar. The election is taking place on June 27.

As per the election programme set by the Election Commission, programmes concerning the voters list was published at the election officer’s office at 10:00 AM and the voters’ list was published at 11:00 AM today.

100,000 - plus sign Condolence Book

By Bunu Dhungana

KATHMANDU, June 15 - Signing of Condolence Book continued till late Friday evening as natives and foreigners continued paying their last homage to the deceased Royal Family members.

The main entrance gate of the Narayanhity Royal Palace was calm unlike any other day as relatively smaller number of visitors thronged the gate. More than 100,000 people from various parts of the country paid tributes to the Late Majesties, said one of the Palace officials.

Even as reports of the High Level Committee to probe into the ghastly massacre unravelled much against the wishes of these commoners concluding that it was His Late Majesty King Dipendra who had pulled the trigger, they still looked uncompromising.

Hundreds of shocked people signed the Condolence Book today for His Late Majesty King Dipendra expressing doubts and misgivings about the findings of the probe Committee. Twenty-year-old Malavika Subba said, "We are not satisfied with the presentation of the report. We still think Dipendra as innocent."

While Tirtha Bahadur Shrestha, 67, from Naxal said that the whole matter is a series of smudgy and mind-boggling affairs while a host of other visitors taunted their mixed reactions. "It sounds like a complex controversy," one of the onlookers said.

"It is indeed a great tragedy for Nepalese," said Staunt Hendrie from Scotland, who had also rushed to the Narayanhity Royal Palace to offer some posy to the portraits of the Royal Family. Hendrie also thinks there seems to be a conspiracy behind the massacre. "How could a single person kill all those with several guns?" he argued.

Some of the visitors even said that they are now helpless about the report unfurled by the probe committee. "Even if the report is distorted there is nothing we can do," said one of the visitors.

The condolence books were even kept at various nooks and corners of the Valley such as at Jawalakhel, Thapathali-Maitighar Chowk, Balaju, Naxal, among others. During the course, the flower vendors sitting beside the Royal Palace were doing a lucrative business until today.

These businessmen feel quite upset as their business is on the verge of standstill as the mourning is almost over. "I am worried now," says Sunil Tamang, one of the vendors who fears that his flower business will get setback. However, another vendor comfortably says that she is not much worried about the sinking business at a time when the nation itself is facing irreparable losses.

Several camera crew members - professionals and individuals - were strolling around the threshold of the Palace gate trying to trap the best pictures as the state-mourning closes Friday, once and for all for the great souls of the nation that people say will go down into the Nepalese history as an unforgettable era.

Maoists attack police outpost

By Shankar Thapa

DIPAYAL, Doti, June 15 - Around 250 underground Maoist rebels raided a police outpost located at BP Nagar Village Development Committee (VDC) and looted all the weapons, forcing all 36 policemen to surrender on Thursday midnight, according to Chief District Officer (CDO) Taranath Gautam.

The VDC bordering the neighbouring district of Kailali is located about 75 km away from here, the district headquarters.

Four policemen, including an Assistant Sub-Inspector, have been wounded in the exchange of fire between the police and rebels that lasted about two and half hours, Gautam said.

All the injured have been airlifted to Nepalgunj for treatment. The police could not determine the casualties on rebel side.

The insurgents seized 15,3-0-3 rifles, two Chinese-made pistols, two shut guns and three hand grenades after they forced the policemen to surrender.

CDO Gautam said the rebels also blew up the concrete police building with powerful home made bombs after all the policemen gave in to the rebels.

He said the police personnel surrendered before them after they ran out of ammunition in the two and half hours long fierce battle. The rebels had attacked the post from all sides.

After receiving information of the Maoist attack, CDO Gautam and other police officials inspected the clash site this morning.

This is the first time that the rebels have attacked any police outpost in this hill district of the far-western region.

Earlier, a police reinforcement had been sent to the post under the command of a Police Sub-Inspector to foil any impending Maoist attack.

NC, RPP candidates for Upper House

KATHMANDU, June 15 (PR)- The ruling Nepali Congress and the Rastriya Prajatantra Party today announced their candidates for forthcoming elections to the Upper House of the Parliament.

The Nepali Congress candidates include Bal Bahadur Rai (Okhaldhunga), Maiyan Devi Shrestha (Chitwan), Ashok Koirala (Morang), Radheshyam Adhikari (Kathmandu), Akkal Bahadur Bista (Achham), Dipak Gurung (Kaski) and Ram Jivan Singh (Mahottari).

Similarly, the RPP candidates are Lok Bahadur Thapa Magar (Makawanpur) for the single seat to be filled in by the Lower House members as electorate. Khem Raj Pundit (Pyuthan) will be the party candidate for the National Assembly membership from the Mid-Western Region.

2 RPP leaders enter UML

KATHMANDU, June 15 (PR)- Two local leaders of the Bhaktapur District wing of Rastriya Prajatantra Party (RPP), the third largest party in the Parliament, today switched their loyalties and joined the main opposition party CPN-UML, a press release issued by the Valley Co-ordination Committee of UML stated.

According to the release, Bashudev Thapa, who was elected as a member of the District Development Committee Bhaktapur in the 1997 elections, and Ramesh Deuja, who was elected as the Chairman of the Chittapol Village Development Committee received their UML membership today amid a function.

The Secretary of UML’s Valley Co-ordination Committee granted them with the membership of the party.

Int'l Mountain Year Committee formed

KATHMANDU, June 15 (RSS) - His Majesty’s Government has constituted an eight-member International Mountain Year 2002 National Coordination Committee with the Defence Minister as convenor.

In the context of the announcement of the 53rd general assembly of the United Nations on observing the year 2002 as the International Year of Mountains, every nation will constitute a national level coordination committee to formulate and conduct programmes and accordingly the committee in Nepal has also been constituted, the Ministry of Forest and Soil Conservation stated here today.

The other members of the committee are the minister for forest and soil conservation, the minister for agriculture and cooperatives, the minister for population and environment, the minister for culture, tourism and civil aviation, the minister for science and technology and the minister for water resources, while the secretary at the Ministry of Forest and Soil Conservation is the member secretary of the committee.

The committee will identify additional policy, strategy and programmes to be introduced by Nepal in connection with agenda No. 21 of the UN conference concerning environment and development, sensitive environmental management and sustainable mountain development.

The committee will also furnish information on the efforts made and experience gained by Nepal for the sustainable development of the mountain region in the domestic and international field.

According to the spokesman of the Ministry of Forest and Soil Conservation, HMG will make a separate provision for the secretariat of the International Mountain Year and seek cooperation from donor agencies to meet the expenses. The Ministry has been given responsibility for observing the year.

Students swarm public schools as privates face uncertain future

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KATHMANDU, June 15- As the new academic year begins, students seeking admissions continue to swarm government schools following the closure of privately run schools in various districts after the mounting threats by the All Nepal National Free Students’ Union, a pro-Maoist student wing rallying against the private schools.

An enrollment profiles of capital’s Baluwatar based Janajagriti Gyanrashmi which normally recorded 20-22 students in a class till last session saw a sudden spurt in number which is expected to cross 30 this year.

"We have already out-run our enrollment capacity and are not in a position to enroll any more," said Krishna Kuwar, Principal. It’s been equally difficult to deny admission, he adds.

Reports from Gorkha said the number of students seeking admissions at government schools have quadrupled this year. Gorkha has one of the astounding numbers of private schools shut down.

According to Ambika Acharya, Chief of the district administration office, at least a dozen private schools in Gorkha have been closed especially after the threats by ANNFSU (R), putting pressure on Mehendra Jyoti and Shakti Secondary Schools with ever-increasing admission seeking students.

While sources close to PABSONs and Revolutionary students’ wing said that an understanding has been reached between them and some of the schools have re-opened. But, hundreds of private schools in several districts are still unable to decide on opening the schools.

An agreement to open the schools has been reached between the warring parties in Dang district after the concerned groups agreed to cut down the fee-structure by 25-30 per cent. While in Tanahu, parents meeting will be held shortly to decide on the next course of action.

According to Acharya, District Education Officer of Gorkha, an estimated 25 per cent of the students from private schools have enrolled into the government schools. She also added that the well-to-do parents in Gorkha have started sending their children to India for their education.

Meanwhile, PABSON expressed optimism that the situation would normalize once the suggestion given by PABSON to the High Level Committee of the Ministry of Education and Sports is implemented.