SC verdict sows confusion

Post Report

KATHMANDU, Sept 21 – The Supreme Court verdict yesterday dismissing writs against the government’s land reforms measures as well as declaring unconstitutional Prime Minister Sher Bahadur Deuba’s freeze on land sales has created confusion over the exact meaning of the important ruling.

And it is not just the layman who is trying to figure out what the Court actually meant, but also seasoned legal practitioners. Many experts say, yesterday’s decision is perhaps one of the most confusing in the history of the Supreme Court in Nepal.

The confusion stems from the fact that the Court, in its verdict, quashed all the writs filed against the freeze of land sales. But it also ruled unconstitutional and illegal Deuba’s freeze on land sales. The question being asked is: if both sides’ arguments have been rejected, then what is the effective land ceiling for the moment?

In the absence of the full text of the verdict, which could take 15 days or more to be made available, lawyers assume that the ceiling on the land is now going on effectively what it was before Deuba announced his measures on August 16.

Many lawyers including some of the senior legal experts declined to comment publicly about on the Court verdict saying that they are not clear about it. But

Subash Nembang, an opposition UML lawmaker and renowned legal expert, argues that the verdict effectively takes the ceiling back to pre August 16. Though he notes that a new bill is currently in parliament that reduces the land ceiling, until that becomes law, the ceiling is the same as before. "Until the bill becomes law, the land ceiling prevailing now is 28 bighas ,not 11 bighas," he said.

That is also the reasoning throughout Nepal. In the various land revenue offices scattered in Kathmandu Valley today, throngs of people came to transfer ownership as per the old ceiling which was barred by the Deuba announcement. Though the Deuba government had later allowed land transactions to continue, it had restricted such transactions for over the 11 bigha proposed ceiling in the Terai and corresponding proposed ceiling in Kathmandu and the hills. Similar rush to transfer ownership is being reported from the districts, mainly in the Terai. But in Kapilvastu today, the land revenue office denied such transactions owing to the confusion created by the verdict.

Some legal experts say that the confusion could also have been created by the government’s lack lustre response to the Court verdict. "The government has controlled the information about the verdict in the government media" said advocate Avdesh Kumar Singh.

Nepal, too, caught in the whirlwind of US war on terrorism

By Damakant Jayshi

KATHMANDU, Sept 21 The question around the  world at present is not "if" but "when" the US would begin pounding war-ravaged Afghanistan where prime terror suspect Osama bin Laden is in hiding.

With the eyes of the world now focussed on South Central Asia, everyone is awaiting the inevitable, when the world’s lone super power begins the promised strikes into Afghanistan to, as US President George W. Bush promised today, "smoke out" bin Laden. And here in Nepal, people are also watching anxiously the US step and are analysing the possible impact of the retaliation.

Officials here at the Foreign Ministry say that although the spillover of the possible war in the region is a matter of grave concern, Nepal need not worry about the fallout, militarily.

However, a senior official told The Kathmandu Post that there were other areas, which could pose a problem to the Kingdom should a war break out in Afghanistan. And one such area which is certain to be affected is the country’s already tottering economy.

Besides, there is also apprehension that oil prices may shoot up. Last Friday, the kerosene was US dollars 35 per barrel, which is quite high in recent times.

Professor Sridhar Khatri of Tribhuvan University’s Department of Political Science concurs that economy would suffer another grievous jolt. "The most immediate impact will be on economy, especially on tourism."

He warned that the conflict would be a prolonged one and the effects arising out of it would remain for a long time. The natural fallout, contends the Professor, is that the US presence in the region will be much stronger.

For Nepal, a silver lining could be the greater stability in the region with the superpower’s dominant presence, remarks Khatri. "The Maoists will be under increased pressure because, in general, any form of terrorism would draw the ire of the whole world."

The region is going to witness dramatic changes from security point of view and will have a definitive impact on regional balance, said Khatri. "With India offering all the facilities and providing intelligence inputs, Pakistan too has offered help to the US."

However, Prof Khatri was quick to add that the "India card" was not the only factor behind Pakistan’s change of heart. "Pakistan could not afford to be seen siding with the Taliban when even countries like Libya have denounced the terror attacks on the US."

Another impact on the region’s geo-politics will be the likely tension between the US and China, an up and coming super power,, according to the Professor. "The US would look towards India to counter-balance the growing influence of China in the region."

Rabi Bhakta Shrestha, president of Federation of Nepalese Chambers of Commerce and Industry (FNCCI), is worried over the possible impact on the national economy. "We are already witnessing cancellation of hotel bookings and the garment orders to the US, which is our largest buyer, " Shrestha told The Kathmandu Post.

The Nepali exports to Europe also face a bleak prospect. Shrestha said that the FNCCI would form a team to study the fallout of the possible conflict and present the report to the government. "We need a rescue package from the government and we hope it will seriously address our concerns."

Prime Minister Sher Bahadur Deuba’s close advisor Mrinendra Rijal too thinks that terrorism, whether the local-brand or global, would face a wrath from the united world at this juncture. "Terrorism as a means of establishing a political system would not hold much water as the world community now is against any form of terrorism, which is a good news for the country," contends Rijal. However, he said there would be no strategic impact. The economist also foresees more trouble for the nation’s economy, especially tourism "as there are already signs of it being affected."

Whatever the consequences, the political pundits here hope there would be no war, but if there is one, then best to prepare for it.

Congress CWC endorses govt’s stand

Post Report

KATHMANDU, Sept 21 – The Central Working Committee (CWC)of the ruling Nepali Congress after a marathon six-hour meeting on Friday endorsed the government’s firm refusal on the Maoists’ demand to replace constitutional monarchy with a republic and their call for a new Constitution.

The CWC meet, held in the Prime Minister’s official residence at Baluwatar today, was devoted to the government’s talks with the Maoists and their continued acts of violence. The party asked the government to continue the dialogue with the Maoists. This was stated in a press release signed by the NC General Secretary Sushil Koirala.

Issuing a seven-point directive under the first of its four resolutions, the CWC directed the government to ensure the cessation of use of arms and their supply, end to Maoists’ action of enforcing the resignation of the local representatives of other political parties and called upon the Maoists to end announcements of "people’s government" and an end to the closure of schools and extortion, among others.

The party also called upon the rebels to release the former NC lawmaker and Bajura district President Devraj Joshi as well as all the abducted people, including policemen, in their custody.

The two-day meeting of the party’s highest decision-making body also passed three other resolutions. Besides supporting the government position on the Maoists’ demands, the CWC also directed the government and the partymen to reach an understanding with the political parties on the NC President’s grand national alliance to safeguard constitutional monarchy, multi-party democracy and people’s sovereignty, among others.

The party President, Girija Prasad Koirala, formally presented his proposal of grand national alliance encompassing all the constitutional forces of the country to the CWC on Thursday.

Another resolution dealt with formulations of proper laws to address the problems in politico-economic, cultural and educational sectors. The party also condemned the recent terrorist attacks on the US and expressed sorrow and sympathy at the loss of lives and property.

According to one of the participants at the CWC meet, former prime ministers Krishna Prasad Bhattarai and Girija Prasad Koirala called the Maoists for surrendering their arms to the government.

However, Home Minister Khum Bahadur Khadka said the government had not yet initiated that move. "Now the talks are going on; whether or not the Maoists will surrender the weapons is an issue to be considered later." He also said that the government was holding talks with the Maoists to secure the release of the Bajura district president Joshi.

Bhatttarai also reiterated his earlier public statement that the present Constitution should be allowed to remain for 30 years more before any amendment to it is attempted.

Later, talking to reporters, NC General Secretary Koirala revealed that the party has decided to form a coordination committee to maintain good relation between the government and the party. The names of the members who will sit in the committee will be decided in a few days’ time, said Koirala.

Rebels attack villagers in Taplejung

Post Report

TAPLEJUNG, Sept 21 -Two persons were severely injured following the scuffle between the underground Maoist rebels and the local villagers when the latter refused to comply with the rebels’ donation demand.

The incident took place at the Lingteb village on Thursday, six hours walk from the headquarters. Speaking to The Kathmandu Post, Village development Committee (VDC) Vice -Chairman, Man Bahadur Limbu said that, gun-wielding rebels forcefully entered the residence of local Nepali Congress leader, Pratap Prakash Hangam and began firing indiscriminately.

This incident has given rise to the speculation that Maoists will once again indulge in violence and extortion after two long months of cease-fire.

Among those who sustained injuries are Mingma Tarke Sherpa, 33 and Jangmbu Sherpa,28. Both of the injured were airlifted to the Capital from the headquarters and are currently under-going treatment.

According to Dr. Khagendra Dahal at the Taplejung hospital, both of the injured were shot at the lungs.

Locals said that, Maoists had looted four guns, sharp-edged weapons, cameras and cassette players from over 40 residences a day before.

Deputy Superintendent of Police (DSP), Dan Singh Bohara said that police force have already been deputed to the place where the incident took place

When cooking gas cylinders power vehicles, safety is at risk

By Birodh Pandey

KATHMANDU, Sept 21 Used to be a time when household kitchens were  the exclusive domains of cooking gas cylinders. Not any longer. More than 500 gas-powered three-wheelers and dozens more microbuses operating inside Kathmandu Valley too sport them under their chassises.

While such vehicles have helped to raise mobility of Kathmandu’s commuters in a clean environmental-friendly way, they have not raised safety standards. Experts worry that if an explosion was to occur, it could seriously harm the passengers travelling in such vehicles.

It was exactly for this reason that regulating authorities, in this case the Nepal Bureau of Standards and Metrology (NBSM), recently ordered all vehicles running on Liquefied Petroleum Gas (LPG) be installed with proper gas tanks. But so far, the conversion has been slow due in part because the NNBSM has not put in a time frame for the conversion.

"We have already alerted the concerned authorities asking them to immediately stop using cooking cylinders in vehicles as they are not technically designed for them," says Poorna Prasad Manandhar, Director General of NBSM.

"How can a cylinder designed for cooking be used in vehicles? By doing so the international standard safety norms are breached,’’ asks Manandhar. "From a safety point of view the cylinders should not be placed in horizontal direction. But a majority of the gas driven vehicles have been seen to do so."

Chiranjibi Maskey, Chairman of Gas Vehicle Owners’ Association (GVOA)agrees that using domestic cylinders is like ticking time bombs that can explode any moment. "We always live in fear and pray that no mishap occurs and so far our prayers were heard," he says. But he insists that GVOA members are just as keen to replace cooking cylinders with proper tanks but have not been able to do so due to the lack of equipment. The equipments have been ordered from abroad and are on their way here, he said.

Gas powered tempos and microbuses have become popular in Kathmandu due to their environment-friendliness. They burn cleanly and hence do not emit the hazardous fumes like other more conventional vehicles, and sound pollution too is markedly little. Such attributes led the government to open their imports five years ago and today hundreds of such vehicles ply on the streets of the capital. But only few have proper gas tanks installed, the rest operate on cooking gas cylinders.

This raises significant risks to commuters, say experts. According to Dr Bhakta Bahadur Ale, Associate professor of Mechanical Engineering at IOE, such vehicles do not meet safety standards. "There is always a chance of catching a fire as cylinders are kept horizontally and sludge starts to flow through the point instead of gas, this will in turn help catch fire when sudden pressure of gas develops and flows into combustion chamber", says Dr Ale.

Most of all, the small engine of the three wheelers is not meant to carry 10-12 passengers as they are doing in Kathmandu. To increase the engine power more gas is fed into the engine’s combustion chamber which could turn out to be fatal, adds Dr Ale. Another problem used to be that gas vehicles had to refill their tanks at the local cooking gas dealer. But recently, two modern LPG refuelling stations have been opened in Kathmandu. Such stations work only for vehicles fitted with proper gas tanks.

N-PABSON against ministry’s apathy

Post Report

KATHMANDU, Sept 21 - National Private and Boarding Schools’ Organisation Nepal (N-PABSON) Friday closed down schools across the valley to protest the Education Ministry’s apathy towards the lingering problems plaguing the education sector.

Speaking at a press conference held in the capital, Karna Bahadur Shahi, secretary of the publicity section of the N-PABSON said, "We closed all schools today and will also close the schools on Sunday."

Referring to the Maoist-aligned students’ call to close down all the educational institutions across the valley for five days starting Wednesday, Karna said the concerned government body, the Education Ministry, should do something to avert such protests which could have longterm impact in the future of the thousands of students. However, the students called off their rest of the protest after closing down the schools for the first two days.

"The Ministry virtually shied away from taking any action against those government schools which remained closed during the protest," said N-PABSON President, Lhundub Dorji Lama. "We have demanded the Education Minister’s resignation regarding the ministry’s customary failures. The minister also could not fulfil his own commitments."

Maoist-aligned students’ group - All Nepal National Independent Students’ Union - Revolutionary (ANNISU- R) - had forcibly closed down almost all the educational institutions in the Valley on Wednesday and Thursday.

General Secretary of N-PABSON, Arjun Bahadur Adhikari, also informed that the organisation has called for an emergency meeting on Sunday and the meeting will decide its further protest programmes to press the government to create conducive environment in the educational sector.

Speaking on the occasion, president of Guardian’s Association Nepal, Suprabhat Bhandari, blamed the "defective" government policy for the problems in the education sector. "Government’s free education policy has just remained a political agenda," he said, adding, "if it is the free education the government is providing, it should also provide food, shelter and educational materials to the students."

Delayed Land Reforms Bill heads for more delay, trouble

By Binaj Gurubacharya

KATHMANDU, Sept 21 - The Bill proposing the government’s controversial land reforms may have been passed on to the parliamentary committee, but the debate and the disagreement that surrounded it is far from over.

The Bill, that was already delayed with all the protests and disagreements in the House or Representatives, is yet to reach the Natural Resources and Means Committee which will be debating and amending the Bill.

Secretary of the Committee Ram Sharan Ghimire said the Bill was still in the process of being processed through the channels where the various amendment proposals filed by the lawmakers would also be processed and presented along with the Bill.

With less than a month left before the Dasain festival begins and the Budget session almost nearing the end, officials say they doubt if this Bill would get through by the time the Session is prorogued.

Even once the Bill does get to the Committee, heated debates are expected to dominate the discussion there too.

This Committee which has less than half the members from the Nepali Congress (NC), is not enough to get things done the way the ruling party wants.

Worse, the committee has Pashupati Sumshere Rana and Mrigendra Singh Yadav from Rastriya Prajatantra Party (RPP), the two lawmakers who have been the most vocal in the protests against the proposals in the House of Representatives, the Lower House.

Rana and Yadav were part of the half dozen lawmakers who joined the five men from the Nepal Sadbhawana Party (NSP) who continued protests in the House stalling parliamentary proceedings for days until the government, unable to calm things down, forced ahead with the Bill.

The Bill proposes that people in Kathmandu Valley will be able to own as much as 30 ropanies of land compared to the inhabitants of the Terai region in the south who will have land no more than 11 bighas or 143 ropanis.

The rest of the people in the hills and the mountainous region, which covers most of the country, would have the right to own 75 ropanis at the most.

The Bill proposes that the land in the Kathmandu Valley and other bustling cities would be categorized in one single category unlike earlier proposal that the land in these prime areas be subcategorized.

The main opposition CPN-UML wants the recommendations prepared by their member Keshav Badal to be the basis for the new Bill. Anything less is not agreeable.

"The proposes Bill would not be able to bring the revolutionary land reforms. We want the land reforms be based on the Badal report," CPN-UML’s General Secretary Madhav Kumar Nepal said.

CPN-UML is also proposing that the land ceiling be reduced and certain subcategories included like setting 10 ropanies inside the ring road in Kathmandu. The party enjoys a majority in the Committee with nine of the total 19 members.

The ruling party Nepali Congress has the chairman of the committee and even the Chief Whip Tek Bahadur Chokhyal. However, even within the NC, there are differences over the new ceiling set and with Central Working Committee members like Mahanta Thakur, Ram Baran Yadav and Bimalendra Nidhi opposing the idea, trouble still shadows the government’s plans within the party boundaries.

Just few days back, Chokhyal had to take action against Surendra Chaudhury for speaking against the Bill. Chaudhury has been barred from speaking at the House.

Speaker demands probe on missing people

Post Report

KATHMANDU, Sept 21 – Speaker of the House of Representatives today directed the government to make public details of the number and status of the police personnel and civilians still reported missing.

Speaker Taranath Ranabhat asked the government to report back within the next five days with details on the policemen missing while confronting the Maoist rebels before the rebels accepted the government’s invitation and came for the peace talks.

He also asked for the number and the status of the civilians who were last seen abducted by the rebels and never heard from them.

Lawmakers today asked the government to make public the information they have on Dev Raj Joshi, a former Nepali Congress (NC) lawmaker and chairman of the party’s Bajhang district committee, who was abducted by the Maoist rebels just few weeks back.

The members said that since the leader of the Maoists’ peace negotiators Krishna Bahadur Mahara was saying that they had only 46 policemen in their captivity, police reports say they have as many as 90, there was a need to clear up the confusion and work for their immediate release.

Just few months back, the rebels rounded up and abducted as many as six dozen policemen from the Holeri police station in Rolpa district. Before that there were smaller number of policemen taken captive by the rebels from other parts of the country too.

This issue will also be taken up the parliamentary Human Rights and Foreign Affairs Committee. Chairman of the Committee Som Prasad Pandey said the Committee would be calling on the government soon to give details about the police personnel still reported missing in action.

"We are going to ask the government to make public the whereabouts of all those claimed by the Maoist side to be missing and also ask the Maoists to come out with details of the police and civilians abducted by them," Pandey told The Kathmandu Post.

One of the key immediate demands of the Maoists is the government make public the whereabouts of all those missing before they can continue with the third round of peace talks.

The committee also met members of the human rights organizations and discussed the situation with them. Meanwhile, the Public Accounts Committee has decided to summon the Defense Secretary next week to question on the possible purchase of a over-price Super Puma helicopter by the Royal Nepal Army.

America to act against terrorism

Post Report

KATHMANDU, Sept 21 - Director of United states Information service (USIS), Robert Kerr today said that America will take action against those who indulge into terrorism and who harbour the terrorists, in the aftermath of the terrorist strike at the World Trade Centre and Pentagon.

"The action will be taken but not against Islam. It will be against the terrorism and the fanaticism it will not target the innocent people but the institutions which are established to train those terrorists," said Kerr at the press conference held at the capital.

Talibans are reported to have provided refuge to the Prime suspect of the attacks, Osama bin Laden in Afghanistan. Kerr further added, "Talibans are visibly indulged in different forms of atrocities within their own country. People are subjected to get mental and physical torture if they defy the diktat of these zealots."

Just a bit over a week after the world witnessed one of the devastating terrorist attack on WTC and Pentagon where thousands of people have been presumed dead, America is gearing up for the battle against the ‘terrorism’.

Leftists meet again for Constitutional amendments

KATHMANDU, Sept 21 (PR) – Another meeting of the drafting committee jointly formed by ten left parties met for the second time in two days today and discussed about possible amendments in the present Constitution.

According to Trilochan Dhakal of ML who chaired today’s meeting held at ML Central Office said that today all the present members put forward their views about amending the present Constitution, annulling the present Constitution and possibilities of forming a constituent assembly.

Next date for the meeting has been scheduled for 3 pm Monday, at ML’s Central Office when the participants are likely to come to an agreement.

Today’s meeting was attended by Trilochan Dhakal of ML, Sita Ram Tamang of MLM, Loknarayan Subedi of Marxist, Sonam Lama of Unity Center, Hemant BC of United, Pari Thapa of National People’s Front, Govind Singh Thapa of Masal, Sunil Prajapati of Nepal Worker’s and People’s Party, Raghu Pant of UML and Amik Sherchan of United People’s Front.

‘RPP never agreed to Maoists' proposals’

Post Report

KATHMANDU, Sept 21- The third largest party in the House of Representatives Rastriya Prajatantra Party (RPP) today issuing a statement expressed that the party did not agree with the Maoists on displacing the Constitutional Monarchy and the democratic system from the country.

After quietly watching the recent political developments the party broke the ice and came out with a statement expressing its views on the ongoing dialogue between the Government and the Maoists.

In the statement the party has clearly stated that the RPP cannot agree with the Maoist demands of abolishing the Monarchy, which has remained as the symbol of unity to the people of Nepal and democratic system which was restored with the demand of the Nepali people.

"RPP does agree that there should be end of social oppression, inequality and injustices prevailing in the country and the party is determined to end the social taboos. The party is also of the view that Nepali politics should be focused on the welfare of Nepali people and to maintain nationality, unity and dignity of the country," the statement states.

It adds that the party believes that the present constitution is not an obstruction but can be a support in changing the Nepali society for its own good therefore believes that goals can be achieved by amending the constitution.

Many of the demands put forward by the Maoists are logical and the party believes that they have to be considered and problems posed by the constitution be solved by amending it through a consensus but totally disagrees with the Maoist view that the whole constitution has to be annulled, the statement adds.

The party is of the opinion that both government and the Maoists should discuss all the agendas seriously in the third rounds of talks and try to reach an agreement. The statement also adds that formation of an interim government without coming to an agreement on several principle issues is not appropriate as it reflects the desperateness of political parties to come to power.

At the same time the party also condemned recent activities of the Maoists such as extortion, and compelling elected representatives to resign and demands that this has to be stopped immediately if the Maoists want to go ahead with the talks diligently.