CJ stresses rapport between court and media
'Judiciary profits from fair comments'

BY A STAFF REPORTER

Kathmandu, Oct. 20:The roles and the relations between the media and judiciary have, at times, been complementary while there are also times they are confrontational.

A seminar today on Media and Judiciary looked into two important aspects of the relations - ‘Press Freedom and Contempt of Court’ and ‘Judiciary and Laws on Privacy’.

At the seminar organised by the Nepal Press Institute and Judicial Council Secretariat, Chief Justice Keshav Prasad Upadhyaya as chief guest said the major role of the press is to inform the public, create opinions and to express the public opinion. Another important duty of the media is to act as watchdog for breach and misuse of power, authority and social and other anomalies.

Thus, media is an important and imperative infrastructure of the country, the Chief Justice said and added that the judiciary has also played a prominent role for preserving the freedom of press. "The courts by their decisions and through interpretation of the Constitution and the laws have advanced, expanded and activated the freedom of the press," Chief Justice remarked.

However, he also pointed out that there are times when misunderstandings were created between the press and the judiciary ‘mainly because of the press’s failure of understanding correctly the nature and the functioning of judiciary’.

In his paper on Media Freedom and Contempt of Court, advocate and former President of Nepal Bar Association, Harihar Dahal said, as there is no separate law on contempt of court in Nepal. Thus, the definition and the concept on what constitutes the contempt of court is primarily based on Judgemade Law or is based on the precedence and on the accepted principle of justices.

However, citing an example Dahal said, "The system of punishment on the ‘contempt of court’ is not the protective shield provided by the law to the judges on personal terms. It also does not mean the judges and the justices are being kept above any criticism or remarks."

In democracy, there is no prohibition for making positive and constructive criticisms and remark on the functions and the decisions of the court, he said and added that the court would rather benefit from such comments.

Saying that judges should always welcome the evaluation and scrutiny of their decision, Dahal made the point that only intolerant and impatient judges become uneasy and disturbed agitated by comments on their judgements and decisions.

Meanwhile, on the relations between press freedom and contempt of court, Dahal noted that there are newspapers that seek cheap popularity than substance and authenticity. He also gave a jab on the press for failing to determine the limit of their freedom. These activities have even undermined the freedom of press guaranteed by the Constitution of the nation, he said and added that although the media has made tremendous strides in the last 10 years in different aspects of reporting and disseminating news, legal reporting has still a long way to go.

So, he said while the freedom of press is not unrestrained, the provision of contempt of court is also not a protective shield of the court.

Supreme Court Justice Kedarnath Upadhyaya commented upon the paper.

The second paper was on, Judiciary and Laws on Privacy, presented by Supreme Court Justice Laxman Prasad Aryal said privacy is also one of the fundamental rights enshrined in the Constitution. The right to privacy is also one of the fundamentals incorporated in the international charter of human rights.

"The Constitution of the Kingdom of Nepal 2047 in Article 22 has also mentioned that any individual’s personal life, shelter, property, written documents and information are unencroachable except otherwise specified thereby protecting the privacy of an individual," said Justice Aryal.

Meanwhile, he said the privacy law is incomplete because of the non-inclusion of the provision of honour and reputation. As this provision is being included in the Public Offence Act 2016, it has only become a legal right. So, he said, it would be pertinent to include all the provisions and contents related to privacy in the Constitution. Presently, Justice Aryal pointed that the laws related to privacy are scattered around, so there is a need to bring them together a separate act. MP and advocate, Radheshyam Adhikary commented on the paper.

During discussions various speakers, including justices, judges, lawyers and advocates and journalists took part on the theme of the paper and on the relations between the media and judiciary. Suresh Acharya, President of the Federation of Nepalese Journalists made his remarks on the concluding session.

Earlier, Kashi Raj Dahal, Secretary at the Judiciary Council Secretariat had highlighted about the objective of the seminar and MPs Subash Nembang, Chairman of the Public Accounts Committee of the Parliament and Homnath Dahal had remarked about the theme of the seminar.

Nembang said the court has played crucial roles in protecting the freedom of press and that both the press and the judiciary should earn the prestige by their own conducts. While the press should make healthy and constructive criticisms, the court should also accept and listen to such remarks.

MP Dahal said right to information and right to privacy is complementary to each other. He said the Parliament should work towards formulating laws that could complement the functioning and the relations between the media and judiciary.

The seminar was chaired by Gokul Prasad Pokharel, Chairman of Nepal Press Institute and Krishna Murari Sharma, Executive Director of NPI had made the welcome speech.

NEPAL-INDIA TRADE TREATY
Inconclusive talks raise concerns

BY A STAFF REPORTER

Kathmandu, Oct. 20: Yet another round of the secretary level talks on the Trade Treaty between Nepal and India held in New Delhi on Thursday and Friday concluded without any decision. Certainly this has intensified the feelings of uncertainty among industrialists that if the treaty is not renewed in its original form, it is said that some major industries will have to be closed after December 5 this year.

According to the Article XII of the 1996 Trade Treaty, it shall remain in force upto December 5, 2001 and shall be automatically extended for further periods of five years at a time, unless either of the parties gives to the other a written notice, three months in advance of its intention to terminate the treaty. India had sent letter in August this year with the intention of renewal of the treaty.

However, industrialists believe that another round of talks which is slated to be held here in November will certainly find some ways for solutions. If talks fail, it will be more costly for Nepalese economy, they say.

It is totally highhanded attitude of India, says Prof. Bishwambher Pyakuryal. Nepal's export to India is very insignificant. The total export from Nepal to India does not come even with a range of 0.1 per cent of India's total import. According to Prof. Pyakuryal non-of the 'alleged' exports item such as vegetable ghee, acrylic yarn, GI pipes, zinc oxide and copper wire exceeds the given limit. It ranges from 0.5 - 3 per cent. The export items of Nepal also involve several manufacturing processes as well.

In fact both the parties should accept a tolerable level of verification, he said adding 'It seems that the attitude of India regarding the renewal of the trade treaty has political significance. This is not technical problem, it is political one.'

Pradip Shrestha, former President of the Federation of Nepalese Chambers of Commerce and Industry (FNCCI) also feels that the talks should be solved at political level. It demands political solution, he affirms. However he says that Nepalese authority lacks adequate exercise and guidance to tackle the problem. Shrestha affirms that while appealing India for automatic renewal of the trade treaty, we should also strive for developing our competitive strength. In the long run Nepal has to stand on its own foot.

After all Nepal has to develop its competitive strength as soon as it joins the world trade club, says Sneha Sayami, an industrialist.

It is to be noted that after the treaty, Nepal's export augmented by 60 per cent during 1997-98. India's shares of Nepal's import trade increased. The share of India in Nepal's trade was 20 per cent during 1995-96, it however, increased to 44 per cent during 1999-2000.

Of course, Nepal's export has gone up significantly, but the magnitude of Nepal's trades deficit, however, widened in absolute term. The trade deficit increased to 19 billion rupees in 1999-2000 from 14 billion in 1996.

While pondering over the recent secretary level talks, Indian Foreign Minister Jasawnt Singh's observation regarding the treaty should not be overlooked. While he was on two-day visit to Nepal some months before, he said that the certain issues had cropped up in the operation of the trade treaty over the past five years. Indian Ambassador Deb Mukharji's remarks at a seminar here recently holds some importance in this issue.

After all why does India want review of the treaty? Some say it does not entertain Nepal's economic progress, while some other say India wants the problem to be tackled at political level.

Whatever, the reason it would be, the crux of the problem should be identified. In words of Royal Nepalese Ambassador to India Dr. Bhekh Bahadur Thapa both sides should develop mutual understanding. It is not only the matter of trade, but it is the matter of mutual benefit through mutual understanding.

Disabled earns living by repairing radios

Sindhuli, Oct. 20 (RSS): Tilak Bahadur Mugrati, a disabled of Dandiguras village development committee has proven that no one with skill and dedication will have to face hunger.

Mugrati, who earned a living by begging at Bharikakhola area of Sindhuli district because of his physically disabled hands and legs, is now known a famous radio mechanic and businessman these days.

After becoming physically disabled below the knees in Bhadra, 2053 B.S. and facing problems having a meal, the local villagers had built a small hut on the roadside near Majhini Damor and kept him there.

Magrati says that he had spent some time living on the alms being provided by the people walking in the road as he could not walk.

Later on, an non-governmental organisation called the Community Development Programme opened a small general store for him, he says.

Magrati, who earned a living from the small general strore, went to Sindhuli bazaar on the back of another person.

On the way to Sindhuli bazaar, Mugrati witnessed radio mechanics making radios at Dhura bazaar and was attracted by the profession.

The disabled person says that he spent one whole day looking at the mechanics repairing radios and learnt to make radio.

According the chairman of Dandiguras VDC Saitbir Majhi, Mugrati learnt to repair radio by spoiling and repairing his own radio. No one believed Mugrati would become a radio mechanic one day.

Nowadays the radio mechanic repairs radios produced by different companies and looks forward to an institution that will provide him training on repairing mechanical and electronic goods.

Disabled people needs love and affection as well as opportunities for developing skill, Mugrati says, adding that there is an acute shortage of units providing skill to the disabled persons.

VDC chairman Majhi says that these days Mugrati does not have any problems earning a good living. He repairs radios and runs the small general store and generates income for himself.

Rapti eye hospital cures 249,818 patients

Tulsipur, Oct. 20 (RSS): Rapti Eye Hospital being run with the cooperation of the Norwegian Blindness and Semi Blindness Association has succeeded in providing new life to about 249,818 people suffering from various eye ailments.

The hospital has opened a Eye Treatment Centre at Ghorahi of Dang district and has been organising eye relief camps in all five districts of Rapti zone.

An average of about 50 patients mostly from the hilly districts of Salyan, Pyuthan and Rukum visit the hospital daily for treatment.

Even though His Majesty’s Government has not made any investment, the hospital is being run with the cooperation of the non-governmental organisations.

According to administrative officer of the Rapti Eye Hospital Shamsher Rana, the hospital was opened with the financial assistance of the Norwegian Church Association in 1983 on four bighas of land provided by Norwegian Blindness and Semi Blindness Association.

The Norwegian Church Association provides a financial assistance of Rs 550,000 every year for running the hospital with 21 posts.

A nine member board comprising of representatives of the district administration and technician has been constituted to follow-up and evaluate the works of the Rapti Eye Hospital.

Chief of the hospital Dr. Padmaraj Bista says that it is absolutely necessary for His Majesty’s Government to look after the financial and physical aspects of such hospitals.

Sustainability of the hospital is not possible only with the cooperation of the non-governmentals organisations, he adds.

New KMC building opened
Sthapit demands autonomy to KMC in road, electricity

Kathmandu, Oct. 20 (RSS): Mayor of Kathmandu Metropolitan City Keshav Sthapit inaugurated the newly constructed building of Kathmandu metropolis Ward No. 5 at a function here today.

The foundation stone for the building, which completed at the total cost of Rs. 1.4 million, was laid in August last year. All the cost for the building has been borne by the metropolis.

The three-storey ward building is built on an area of 528 square feet and it has seven rooms. An auditorium has also been constructed beside the main building for the purpose of staging various programmes.

The building is a blend of traditional and modern style.

On the occasion, Mayor Sthapit said that Kathmandu Metropolitan City has the objective of completing 70 different programmes in the current fiscal year and requested the government to grant autonomy to the metropolis in sectors such as roads and electricity.

Ward member Bharat Bahadur K.C. stressed the need for preparing a master plan for the protection of the heritage of the Handigaon area.

Ward member Nirmala Prajapati stated that the ward has been running programmes like education, skill development and income generation of women, children and the elderly. She said the ward was also providing microbus driving training for the women.

Another ward member Ganesh Shrestha stressed the need for protecting houses at the ward built in the traditional style.

At the programme Mayor Sthapit gave away prizes to Hitesh Kumar Bhattarai, Pratiksha Budhathoki and Kirit Giri, students who secured highest marks in the last year's school leaving certificate examinations from the ward, and commendation letters to other students passing the examination.

On the occasion, acting executive officer of the metropolis Surya Prasad Silwal handed over the key of the building to ward chairman Sukhram Maharjan.

Ward chairman Maharjan presided over the programme.

Handigaon is considered to be one of the most ancient village settlements in the South Asia region where Mangriha, the ancient palace of Lichchhavi King Mandev, is believed to have been located.

The ward is also going to conduct an earthquake safety training in the near future.

Prayer meet for world peace
Nepal against terrorism for nurturing peace: PM

Kathmandu, Oct. 20 (RSS): Prime Minister Sher Bahadur Deuba has said that Nepal will always stand up against terrorism for establishment of world peace.

Prime Minister Deuba, who was speaking at a "Prayer meeting for world peace against terrorism" organised jointly by Nepal-India Human Development and Friendship Association, Nepal and Everest Foundation Nepal here today, stressed the need for one and all to imbibe Lord Buddha’s message of peace and nonviolence to avoid violence and terror in the world including Nepal.

Describing world peace as a must for eliminating poverty, deprivation, inequality and discriminations from the world, Prime Minister Deuba said Nepal is ready to face up to any challenge in the way of helping the vision of world peace come true.

Speaking about the social, religious and cultural similarities in Nepal and India, he expressed confidence that the friendly relations between the two countries will be further strengthened in the future.

CPN-UML general secretary Madhav Nepal said the Nepalese people have always been advocating world fraternity and peace.

Terrorism is not a solution to any problem, he said, adding any one choosing destruction or terrorism as a means of serving one’s vested interest will never see a success.

At a time when South Asia is seeing a lot of strife all countries in this region should be serious about restoring peace in the region.

Ex-home minister of India Buta Singh said every individual and community find manifestations of their feelings in democracy and it is only through democracy that poverty, diseases and inequalities can be removed from the world. World peace and human rights can be ensured only through religion, he further said.

Chairman of the Rajghat Gandhi Memorial Committee and general secretary of the Nepal-India Human Development and Friendship Committee Miss Nirmala Deshpandey underlined the need of spreading Lord Buddha's message of "non-violence and peace".

Various other speakers including president of the India-Nepal Human Development and Friendship Association Lama Lobjan and joint secretary of the Everest Foundation Gopal Sharma also spoke at the function chaired by Nepal-India Human Development and Friendship Association Mani Lama.

The prayer meeting for "World peace against terrorism" was held under the leadership of the holymen of six different religions on the occasion.

Those providing the leadership at the meeting were Pundit Tejnath Sharma from among Hindus, Rimpoche from among Buddhists, Mohammod Asad from among Muslims, Father KB Bogati from among Christians, Atmananda Lingden from among Kirants and Buta Singh from among Shikhs.