Senior advocate Bipulendra Prasad Chakrabarty, who was appointed to the post of temporary Justice of the Supreme Court a month ago, has resigned from the post even before being sworn in, a newspaper report said on Sunday quoting a reliable judicial source.

Chakrabarty submitted his resignation through Chief Justice Dilip Kumar Poudel, citing reservations over the appointment process, Kantipur Daily reported.

“We have received his resignation. The judicial council has forwarded it for approval,” the paper quoted a source close to Poudel as saying.

Chakrabarty was dissatisfied that former attorney general Pawan Kumar Ojha’s name preceded his own for the appointment. Ojha is lower in seniority to Chakrabarty.

On December 28, 2005, the Supreme Court recommended the names of Ojha, then appellate court justices Tahir Ali Ansari and Rajendra Prasad Koirala, and Chakrabarty, in that order, for the posts of temporary Supreme Court justices.

Ansari, Koirala and Chakrabarty had already been recommended before Ojha’s name was recommended. Later, Ojha was recommended as fourth in the seniority list. However, the final appointment list placed Ojha as senior most among those appointed. Ansari and Koirala have also expressed dissatisfaction over Ojha’s appointment.

In his resignation letter, however, Chakrabarty has not said anything about his dissatisfaction. He has mentioned that he cannot take up the post because of health reasons.

A fact finding mission of Human Rights Treaty Monitoring Coordination Committee (HRTMCC) has concluded that the murder of UML-activist Umesh Chandra Thapa in Dang last week was “intentional and brutal”.

Friends and relatives of Umesh Thapa, who was killed by the army in Dang on Wednesday, pay last tribute to him at Pashupati Aryaghat, Friday, Feb10, 06. nepalnews.com

After completing the field study of the incident site, the HRTMCC concluded that Thapa was killed by the security forces using excessive force at Ghorahi, Dang, on Wednesday.

Thapa was shot dead while Krishna Giri of Nepali Congress sustained serious injuries when Royal Nepalese Army personnel opened fire at a group of political cadres who were returning home after staging a peaceful demonstration at the district headquarter on the polling day.

“The background of the incident clearly proves that the incident was a consequence of the government’s policy of suppressing anyone opposing the municipal polls,” said the report, adding, “Security personnel fired at the political cadres who were dispersing after staging peaceful demonstrations. With banners and placards in their hands they could easily be identified even from a distance.”

The report also states that the incident was the result of Home Minister Kamal Thapa’s public order a day before the elections to open fire against anyone “who try to disrupt municipal polls.”

The fact-finding mission of HRTMCC found that the security forces did not give any kind of prior warning, such as blank-firing, baton-charging or making arrests before the shooting.

Addressing the programme organised to release the report, Subodh Pyakurel, chairman of Informal Education Sector Service Centre (INSEC), said the security forces had resorted to indiscriminate shooting at people who were returning home after taking part in a protest programme.

“The incident was the consequence of the Home Minister Thapa’s statement giving unlimited powers to security personnel,” claimed Pyakurel, adding that nobody can authorise the security forces for “unlimited rights” and no constitution permits a nominated Home Minister to deliver such “irresponsible” statement on serious topics like security.

Terming the incident pre-planned, Dr Gopal Krishna Shivakoti of Inhured International said the indiscriminate shooting could not be justified under any pretext.

HTRMCC has demanded to form an independent committee to probe the incident with the involvement of the UN Office of High Commissioner for Human Rights and has demanded action against the culprits.

Shova Gautam and Shobhakar Budhathoki, among others, were also included in the team.

The Defense Ministry, however, claimed in two separate statements that Thapa was killed and NC activist Krishna Giri was injured when security personnel opened fire in self-defense after an unruly crowd tried to attack a polling center at Bal Mandir and somebody from the crowd opened fire injuring a police inspector.

Independent reports, however, said Thapa was killed nearly one km away from the polling center and that demonstrators had kept themselves away from the polling center so as to avoid confrontation.

The government handed over body of late Thapa to his family two days after the incident but has refused to acknowledge any mistake on the part of the security personnel nor has agreed to provide any compensation to the family of the victim.

No. 2 in the royal government, Dr. Tulsi Giri, warned that such incidences would repeat in future if the political parties created similar situation and blamed a leading daily of provoking the situation.

Various human rights organizations have urged the donor agencies of Bhutan to stall their assistance and pressurize Bhutan to take back its citizens languishing at the refugee camps of eastern Nepal in the upcoming round table meeting.

A statement issued by the various human rights organization to draw the attention of development partners said during the last Round Table meeting of Bhutan’s development partners held in Geneva in February 2003, delegates expressed concern at the unconscionably long delay in resolving this humanitarian and human rights crisis; but however three years after, these problems remain unresolved.

Stating that some of Bhutan’s partners also raised the issue of alleged ongoing discrimination against ethnic minorities in Bhutan, including in relation to the issuance of ID cards, and urged that the principle of equal treatment irrespective of ethnic origin be established in the new Constitution, the rights bodies urged the development partners to play a part in resolving the longstanding Bhutanese refugee crisis.

The statement further said, “Elements of Bhutan’s draft Constitution, published in July 2005, tend to confirm our doubts about the possibility of Lhotshampas retaining or reacquiring their citizenship.”

“The provisions of the draft Constitution, if followed to the letter, would make it very difficult for Lhotshampas to reacquire citizenship status of which they had been deprived,” the statement adds.

Stating that the refugees in the camps have been living in limbo for fifteen years, unable to plan for the future or take control over their lives, the rights bodies said sustained international pressure is the only realistic means for achieving a rapid and durable solution to the Bhutanese refugee crisis and for ensuring that members of the Lhotshampa community in Bhutan enjoy their full citizenship rights.

The statement was issued on behalf of Amnesty International, Bhutanese Refugee Support Group (UK and Ireland) Caritas Internationalis, Human Rights Watch, International Catholic Migration Commission, Jesuit Refugee Service and The Lutheran World Federation.

These rights organizations urged Bhutan’s development partners to press Bhutan to immediately repatriate the Khudunabari camp refugees verified as having a right to return to Bhutan.

The rights organizations also called on Bhutan, Nepal and UNHCR to adopt a Memorandum of Understanding (MOU) for voluntary repatriation that includes a clear statement of rights and entitlements upon the refugees’ return to Bhutan – including full citizenship rights and human rights protection.

Over 100,000 Bhutanese refugees of Nepali origin are languishing in the seven UNHCR-maintained camps in eastern Nepal for the last 15 years. There have been over a dozen rounds of bilateral talks between Nepal and Bhutan in as many years, but to no avail.

The index of Nepal Stock Exchange (Nepse) posted growth of 1.23 points over the week due to the rise in share prices of commercial banks.

The Nepse index that opened at 309.09 points on Sunday went up to 310.32 points on Thursday, the last day of the trading under the regular lot.

The Nepse index posted a growth of 2.02 points in previous week.

According to weekly data of the Nepse, a total of 134,291 shares worth Rs 45.4 million were traded over the week as compared to 131,794 unit shares worth Rs 46.8 million of the previous week.

The leading groups, including commercial banks and finance groups, maintained growth while the insurance group showed a decline and hotels and manufacturing group remained constant during the weekly trading.

Group-wise share trading data shows that the commercial banks group posted 4.8 points rise over the week reaching its index to 339.95 points from 335.15 points.

Trading and development banks group registered growths of 5.29 points and 2.3 points, as their indices increased to 148.07 points and 248.81 points respectively, from 142.78 points and 246.51 points.

Index of the others group rose to 341.20 points from 336.41 points.

The insurance group showed a decline of 0.28 point, as its index decreased from 334.39 to 334.11 on the closing day.

The hotel and manufacturing groups saw no changes in their respective indices. The indices of these groups remained constant at 181.26 points and 274.00 points respectively.

Of the total transactions, the commercial banks group captured 67.11 percent of the total transaction. Development banks group followed capturing 26.61 percent share. Finance group had 3.18 percent share while trading group made up 1.93 percent share.

In a bid to reach to the deprived community of the society, who otherwise are left out from various elements of life, like entertainment, Nepathya the folk-rock band of Nepal, is performing at shelters of Underprivileged Children’s Educational Program (UCEP) and the Rug Mark Foundation situated in Sanothimi, Bhaktapur on February 18.

A press statement issued by nepa-laya said, the series of Nepathya entitled “Nepathya for All” has reached to the children and women of Maiti Nepal, the street children of Kathmandu and those living at Bal Mandir.

Nepathya performed first for the children and women of Maiti Nepal on the 23rd of December, second for a gathered mass of some 700 street children of Kathmandu at the CPCS premises in Dillibazar on the 4th of January 2005 and third for children of Bal Mandir (Nepal Children’s Association) on 24th January.

Children, adolescent and women living in the shelter of UCEP includes, rescued child labourers and underprivileged students undergoing technical training. “Apart from children living there, other children living in similar shelters across the valley including juvenile offenders are also expected to join the show,” the statement adds.

“This series has been very special to me. Providing entertainment and bringing smiles to these innocent faces has been the most motivational factor for me. This is a special opportunity to any artist,” the statement quoted Amrit Gurung, the front man and vocalist of Nepathya as saying.

The Foreign Ministry has asked the Royal Nepalese embassy at Islamabad to initiate efforts for the release of two Nepalis kidnapped from Afghan Capital, Kabul, on Saturday, officials said.

Talking to Nepalnews on Sunday, Shankar Das Bairagi, spokesperson at the Foreign Ministry, said that they have urged the Afghan government to initiate efforts for the release of abducted Nepalis.

Royal Nepalese embassy in Pakistan is coordinating with the Afghan government for their release, as Nepal doesn’t have its embassy in Kabul, he said.

Two Nepalis were kidnapped in the Afghan capital, Kabul, on Saturday, according to reports.

The identities of the two were not immediately known, but reports quoted a police official as saying that they were snatched while walking along a road in a central part of the city where some aid agencies have offices.

Some Nepalis work for security companies in Afghanistan and are also employed for guarding foreign embassies in Kabul, according to reports.

NGO Federation of Nepal—an umbrella organisation of over 2,600 NGOs across the country—has demanded that the government release all political detainees and human rights defenders immediately and unconditionally.

Dr. Arjun Karki (File Photo)

Dr. Arjun Karki (File Photo)
In a statement issued on Sunday, president of NGO Federation of Nepal, Dr. Arjun Karki, has also called upon the government to stop what he called the gross and systematic violation of human rights and suppression of peaceful demonstration against the royal government.

“The Federation extends full support to the on-going movement aimed at establishing total democracy in Nepal,” he said.

Karki himself narrowly escaped attempt to detain him. Police raided his house and his house telephone as well as mobile number still remain cut off. No reason was given. Rights groups condemned the government act and demanded that his telephone service be restored but the authorities have refused to oblige.

On February 3, UN Office of High Commissioner for Human Rights (OHCHR) in Nepal sent a letter to Home Minister Kamal Thapa calling him to release all the detainees held under the Public Security Act (PSA) for peacefully expressing their political opinion.

In his letter, the representative of the UN High Commissioner for Human Rights in Nepal, Ian Martin said, “The great majority of these persons appear to have been arrested for exercising their right to freedom of peaceful assembly or expressing their political opinion. I urge that your Ministry undertake an urgent review of all PSA detention cases with a view to ensuring the immediate and unconditional release of those against whom there is no evidence of involvement in violence. ”

OHCHR-Nepal said it was aware of more than 800 people who have been detained under the PSA around the country in the context of protest activities by the alliance of seven political parties and civil society organisations.

Hundreds of others were arrested across the country later in the run up to the municipal polls.

The National Human Rights Commission (NHRC) also came down heavily upon the royal government early this month for what he called “ failing to provide minimum facilities to the political detainees” and asked the authorities to free all those “who have been detained without any appropriate or adequate basis.”

There has been no response from the authorities as yet to such calls.

Best player of the league to receive a Toyota Yaris carThe yet to be launched Toyota Yaris. Source: toyota.com

The yet to be launched Toyota Yaris. Source: toyota.com
The best player of the Martyr memorial San Miguel ‘A’ division league tournament will receive a Toyota Yaris car- yet to be launched — worth Rs 2.35 million.

All Nepal Football Association (ANFA) and Vaidya’s Organisation of Industries and Trading Houses (VOITH) joined hands on Saturday to award the best player of the Martyrs’ Memorial San Miguel ‘A’ Division League a car.

President of VOITH Suraj Vaidya and president of ANFA Ganesh Thapa signed a Memorandum of Understanding (MoU) for the award amidst a ceremony at ANFA Complex.

The award is the biggest one in Nepal’s sports history to be received by an individual.

United Traders Syndicate Pvt Ltd, a dealer of Toyota under the VOITH, will bear half the cost of the car while rest will be borne by the ANFA.

Talking to journalists after signing the MoU, ANFA president Thapa said that the award would motivate and encourage the generation to come. “It has been our effort that footballers earn their livings playing the game,” Thapa added.

The ANFA has formed a committee under ANFA treasurer Birat Jung Shahi to select the league’s best player.

The Toyota Best Player will be chosen on his performance in the ongoing league, his contribution to the national team and his discipline during his career. 50 percent has been given for the league performance while 25 percent each in the two other categories.

Sonam Chhiring Sherpa
(Photo source : THT)

Police on Saturday night rescued a 15-year-old schoolboy who was abducted by unidentified persons from Bouddha on Friday evening.

Sonam Chhiring Sherpa, an 8 grader of Rosy Garden School in Maijubahal, was rescued from a lodge in Thamel in a raid last night, police said.

Police raided Taleju Guesthouse after intercepting a telephone call the kidnappers made from there, demanding Rs.1 million random for the teenager’s release.

Five members of the abduction ring have been nabbed while one member is still on the run.

Though the seven agitating political parties had boycotted the municipal polls of last Wednesday, voters in considerable numbers cast their votes on the election symbols of the major political parties during the poll, a newspaper report said on Sunday.

Symbols of the CPN-UML, Nepali Congress and Rastriya Prajatantra Party received a vast number of ‘votes’ in the municipal polls, reports Kantipur daily.

The paper quoted government officials involved in counting of ballots as saying that a sizable number of voters stamped on ‘sun’, the election symbol of the CPN-UML, ‘tree’ of the NC and ‘plough’ of the RPP. But the votes were pronounced invalid as these parties had boycotted the polls and fielded no candidates.

“It is estimated that more than one third of the votes cast were invalid,” an official said.

“Most of those disqualified votes were stamped on the election symbols of the national political parties who boycotted the polls.”

Spokesperson of the Election Commission (EC) Tej Muni Bajracharya hoped that they would be able to disclose all the data on it within a couple of days.

“We can’t now say on what basis the votes were disqualified,” he said, adding, “We will inform all when we receive the official officially from all concerned districts.”

The election symbols – sun, tree and plough – received significant number of votes in Kathmandu too. An official involved in vote counting in Kathmandu Metropolitan City told Kantipur that nearly 30 percent cast votes were disqualified.

“The voters forced to cast votes might have stamped on the symbols not to deviate from their ideological stand,” the official believed.

Nearly 21 percent people used their voting rights in the municipal elections.