Experts debate Code amendment

BY KRISHNA SHARMA

Butwal, Sept. 7: Keeping in mind the urgent need of amending the decades old Muluki Ain (Civil Code), the government has prepared a draft entitled ‘The Penal Code and Criminal Procedure Code’ and is presently discussing with legal experts and law enforces on the pros and cons of the proposed draft.

As part of the government’s recent directives to seek reactions and opinions from the legal personalities, Ministry of Law, Justice and Parliamentary Affairs (MLJPA) organised an interaction programme here today to seek suggestions and recommendations from the legal experts and officials responsible for maintaining law and order situation and executing the existing laws of the country in their respective areas.

The on-going two-day interaction programme, which is being participated in by government attorneys or judges in district courts and Appellate Courts, police officers, CDOs and personalities from law executing bodies are discussing the shortcomings of the existing laws.

Delivering his inaugural speech, chief guest of the function, Attorney General, Badri Bahadur Karki said, that the reason behind introducing the new Criminal Code was to ‘replace’ the decades old Muluki Ain and follow the norms and values of the Constitution promulgated after the restoration of democracy in 1990.

"At a time when the nature of crimes has become complicated and criminals have been very much trained in committing crimes with the help of modern scientific technologies in the modern times, our existing laws have proved to be old and traditional ones. So, to address every kind of criminal activities and maintain a peaceful society there was an essense of introducing the new Criminal Code," Karki said.

Secretary at the Judicial Council Kashi Raj Dahal said that the main objective of bringing the new Panel and Criminal Code was to make the criminal judiciary more trustworthy, convincing, transparent and modern.

"Our existing laws are traditional and many of them are outdated. However, the new criminal code has tried to be more scientific and is expected to be more effective when it comes into reality in controlling criminal activities," Dahal said.

Rupandehi district attorney Jagadish Sharma said that the draft on Penal and Criminal Code was expected to address the newly emerging problems related to crimes since that was prepared after a thorough study of the country’s existing laws and the laws of other countries as well.

Meanwhile, other legal experts, law enforcing officials and bureaucrats like CDO Tana Sharma, President of Appellate Court Butwal’s Bar Section Hari Prasad Pandey and SSP Deepak Singh Thangen said that the laws only were not enough in curbing criminal activities.

"Resources, training opportunities for law enforcing officials and sense of responsibility among the officials are also important factors if law and situation orders are to be made stable," they voiced.

Speaking on the occasion, UNDP official Shantam Singh Khadka said that the UN Development Agency has shown its interest in maintaining country’s law and order situation keeping in mind its impact in development activities in Nepal.

Delivering a vote of thanks on behalf of the organisers’ group, Khadka said that UNDP has joined hands with the government for strengthening the rule of law since the beginning of 2001.

"We are helping the government in making Nepalese laws more relevant with the international laws to which Nepal is a signatory, strengthening the working ability of the Law Ministry and Supreme Court, provide training opportunities to the members of arbitration board and finally, establish some pilot courts so as to finalise the petty and other cases as early as possible," Khadka said highlighting the five major objectives of the UNDP.

After the committee concludes its final interaction programme in Kathmandu, which commences from Aswin 13, it will prepare its final copy by including genuine suggestions and explanatory notes on every articles of the draft and present to the government.

"We are going to present the final draft as "Bill" in the coming budget session," said Secretary at the MLJPA Udaya Nepali Shrestha told The Rising Nepal adding that the bill on Penal and Criminal Procedure Code would be the first one to be presented in the Parliament which will in both the Nepal and English languages.

Meanwhile, according to convener of the follow-up committee, Attorney General Badri Bahadur Karki, two sub-committees have been set up by the committee to prepare groundwork in order to present the bill through the parliament and include clause-wise justification and reasons for the provisions in cooperated in the PenalA Code and Criminal Procedure Code.

"The clause-wise justification and reasons will enable people to understand what provisions are made for what purpose," Attorney General Karki explained to The Rising Nepal shortly after the inaugural session of the programme.

Similarly another sub-committee is mandated to prepare a list of all scattered laws which would be repealed on account of the enactment of the Penal Code which is in the offing.

The 238-page long draft report was prepared only last month by the 7-member task force headed by Attorney General Badri Bahadur Karki. After the submission of the report to the Prime Minister’s office only on August 8, the government then again formed a five-member Penal and Criminal Procedure Code Execution and Follow-up Committee under the convenorship of Attorney General Karki for collecting recommendations and including the best of them in the final draft. Other members of the committee included Secretary at the MLJPA Udaya Nepali Shrestha, Secretary of the Judicial Council Kashi Raj Dahal Joint Government Attorney Narendra Prasad Pathak and chief of the Judicial Training Center Madhav Poudel.

The major recommendations

* The major recommendations of ‘The Penal Code and Criminal Procedure Code’ include.Formation of special team of legal experts to investigate in cases of bigger crimes.

* Establishment of an autonomous crime study center.

* Timely amendment of Penal policy.

* Provision of long arm jurisdiction.

* Extension of the life sentence from 20 to 22 years.

* Withdrawal of light government cases.

* Harsh legal: Provision for kidnapping the hostage taking.

Maoists asked to shun threats

Kathmandu, Sept.7 (RSS): The Defence Ministry has appealed to the CPN (Maoist) and its front organisations not to abet the Royal Nepal Army and other security personnel to join their organisation and to stop uncalled-for pressure on their families through threats that they will face action if their men do not quit the army since such action will provoke the people and divert the army from steadfast loyalty to the nation.

A press release issued by the Ministry today stated that it is necessary to maintain patience and understanding at a time when the government and the CPN (Maoist) are trying to resolve the problem through talks, and urged civic society and all Nepalis to dial 100 in Kathmandu Valley, and call the district administration office or police post or the barrack of the Royal Nepal Army outside the valley in case of any such pressure.

Photos on Nepal displayed in UK for promotion

Kathmandu, Sept 7 (RSS): Her Royal Highness Princess Helen Rajya Laxmi Devi Shah and Her Royal Highness Princess Pooja Rajya Laxmi Devi Shahi graced the exhibition of rare and historical photographs of Nepal at the Royal Nepalese Embassy, London yesterday.

Her Royal Highness Princess Jotshana Basnyat was also present on the occasion.

The exhibition was visited by over 100 dignitaries, including Michael Portilo, member of the House of Commons, Sir Hohn Knot, former defence secretary, officials from the foreign office, Ambassadors and heads of missions including Albert Museum, Britain-Nepal Chamber of Commerce, traveller, writers, media person, office bearers of the various Nepalese organisations in the United Kingdom and the friends of Nepal.

Welcoming the gathering, Royal Nepalese Ambassador Dr. Singha Bahadur Basnyat expressed hope that the exhibition would help to better appreciate the rich cultural heritage of Nepal and the historical and social transformation the country has undergone in the last century. Highlighting the importance of the institution of monarchy as the cornerstone of the stability in Nepal which is held in high esteem by the people, Dr. Basnyat threw light on the democratic political process taking place in Nepal under constitutional monarchy and multi party parliamentary system and the top priority given by Prime Minister Sher Bahadur Deuba to solve the Maoist problem through dialogue.

Dr. Basnyat expressed hope that the exhibition would contribute to project and promote Nepal in the UK in its own way.

The photographs for the exhibition were arranged by Mr. Kiran Chitrakar, chief cameraman of Nepal Television who made the collections of such rare photographs taken by his grandfather and his late father.

Prior to the one-day exhibition, the photographs were put on display at the Gurkha museum, Winchester for three weeks.

HMG to enhance proficiency of health workers

Kavrepalanchowk, Sept. 7 (RSS): Health Minister Sharad Singh Bhandari initiated the five year M.B.B.S. classes to be run under Kathmandu University at Scheer Memorial Hospital, Banepa amidst a function today.

Speaking on the occasion, Minister Bhandari said restoration of democracy has led to remarkable progress in the health sector of the country and emphasised the need for a quality-oriented and practical method of learning.

Referring to the problems being faced by the country due to lack of good doctors, Mr Bhandari said His Majesty’s Government is planning to bring about extensive mobilisation by enhancing the proficiency of unskilled health manpower in the country.

Vice-Chancellor of Kathmandu University Dr Suresh Raj Sharma said the University has begun M.B.B.S classes in Banepa as well in view of the needs of the country.

Apart from Banepa, M.B.B.S. classes are running in Kathmandu, Pokhara, Dharan, Nepalgunj, Bharatpur and Bhairahawa.

Altogether 45 students have been enrolled for the first batch at Banepa which will undergo a three-year study at Scheer Memorial Hospital, with the final year at Kathmandu University.

Also today, Health Minister Bhandari inaugurated the smoking control programme organised by Scheer Memorial Hospital with cooperation from the Foreign Ministry of Finland.

‘New thinking must to resolve Dalits’ problems’

Lalitpur, Sept. 7 (RSS): Minister for Information and Communications Jaya Prakash Prasad Gupta has said all political parties should move ahead with new thinking to resolve the problems of downtrodden communities who have been neglected for centuries.

Mr Gupta, who was inaugurating a two-day seminar on problems of Dalit (or downtrodden) children in Nepal organised by the Press Chautari Nepal with the help of the Save the Children USA in the context of the World Campaign for Children here today, conceded that it is because of the lapses of the political parties that we could not involve the Dalits in the mainstream in the past 12 years of democratic practice.

Stating that in view of this, the present government has announced removal of all racial discrimination at places of worship and those who come in the way will be strictly punished, he noted that democracy is not only for a limited circle of people and no one should be discriminated against on the basis of caste, languages and cultures.

Programme director of the Save the Children USA Keith Lisely spoke of the need for every section of society to extend help to the Dalit community.

Chairman of the Press Chautari Shambhu Shrestha said that the seminar was organised with a view to making the press feel its accountability to the rights and interests of downtrodden communities and children.

Various other speakers including Geeta Ghimire from among the children, former MP Man bahadur Vishwokarma and deputy secretary at the Ministry of Women, Children and Social Welfare Raghubir Rana also expressed their views at the function.

A total of 60 children from 18 districts are taking part in the seminar.

‘Review privatisation policy’

BY A STAFF REPORTER

Kathmandu, Sept. 7: CPN-UML General Secretary Madhav Kumar Nepal has said that the professional organisations should play the role of pressure groups for the solution of the burning problems of the country.

He said that such organisations also could play important role in assisting the government for formulation of national level policy and programmes. However, the State should also hold positive and co-operative attitude towards them, he emphasised.

General Secretary Nepal made this remark while inaugurating 2nd national convention of the Confederation of Nepalese Professionals (CNP) that began here today. The CNP is comprised of 12 professional associations and organisations of the country.

Stating that the country’s economic, social conditions and good governance are worsening, Nepal pointed out the need to change the dogmatic thinking and the tendency of status quo.

He also said that time has come to review the policy and results of privatisation that the country adopted after re-ushering in the multi-party political system.

At the function, Nepal informed that he asked the Prime Minister Sher Bahadur Deuba to stop politicisation and irregularities in the public enterprises when he met PM at his residence that morning.

On the occasion, Nepal released an anthology of poetry by young poet Nirmal Paudel.

Also speaking in the programme, Nepal Rastra Bank Governor Dr. Tilak Rawal said that the country’s financial sector was in a very fluid situation.

Stressing that peace and security are a must to boost investment and development, Dr. Rawal said that the economy of the country has been affected by the non-economic factors.

Denying the rumours about Nepal Bank Limited and Rastriya Banijya Bank, Dr. Rawal said that the financial conditions of these banks are not weak. He also said that the political leadership should behave in responsible manner.

Wishing the meeting success, the UML representative and MP Bachaspati Devkota said that now there is no need for the Federation to remain under the umbrella of political party.

MP and president of Nepal Intellectuals Council Dr. Mangalsidhhi Manandhar said that intellectual should put pressure to restore peace and protect nationality. Dr. Manandhar also challenged the Maoists to show up their public support by taking part in the elections.

MP Lalit Basnet stressed on the unity to ensure the rights of the workers.

President of Nepal Trade Union Congress Laxman Basnet said they had already initiated talks with the Federation of Nepal Trade Union for a unified, democratic and authoritative trade union in the country.

Member of National Human Rights Commission Sushil Pyakurel, Vice-president of National Teacher Council Rambhakt Maharjan, general secretary of Private and Boarding Schools’ Organisation Bhoj Bahadur Shah, former coordinator of the Forum of Professional Solidarity Sitaram Nepal and chairman of Nepal Progressive Teachers’ Organisation Chiranjibi Sharma wished the meeting a success. The meeting was presided over by CNP chairman Professor Harsa Narayan Dhaumdhel.