Author: space4knews

Summary: The Constitutional Council has indicated that it will take some more time to reach full composition to appoint the Chief Justice and officials of constitutional bodies. The Nepali Congress’s delay in selecting the parliamentary party leader and the absence of the election process for the Deputy Speaker have prevented the council from becoming complete. According to constitutional expert Dr. Chandrakant Gyawali, the council’s incompleteness is causing delays in filling vacancies in the Supreme Court and the Election Commission and impeding good governance.
March 9, Kathmandu. The Constitutional Council, responsible for recommending appointments of the Chief Justice and heads or officials of constitutional bodies, is yet to attain full composition. The main opposition party, Nepali Congress, has delayed selecting its parliamentary party leader, and the election process for choosing the Deputy Speaker has not yet begun, further prolonging the council’s incompleteness.

Constituted under Article 284 of the Constitution, the Constitutional Council is chaired by the Prime Minister and includes members such as the Chief Justice, Speaker of the House of Representatives, Chairperson of the National Assembly, leader of the main opposition party, and the Deputy Speaker of the House of Representatives. The council recommends appointments for key positions in various constitutional bodies including the Commission for the Investigation of Abuse of Authority, Public Service Commission, Election Commission, and National Human Rights Commission. Until the council is complete, the appointment processes for these bodies cannot proceed.

More than a month has passed since the House of Representatives election, yet the main opposition Nepali Congress has not finalized its parliamentary party leader. Discussions are ongoing among the top leadership regarding selecting either Arjun Narasingh KC or Bhismraj Angdembe, both proportional representation members of parliament, by consensus. On Monday, attempts were made to reach an agreement among the party chairman, deputy chairman, and general secretaries. However, since the 2008 election, no parliamentary party leader has been chosen unanimously in Congress. Internal factionalism peaked after the last general convention leadership election, making it more likely that the leader will be selected through a vote this time.

Congress General Secretary Pradeep Paudel has stated that the party’s parliamentary leader will be selected within March. He remarked, “Discussions to select the leader by consensus are ongoing. The Congress will decide on the parliamentary party leader within this month.” Congress co-general secretary Prakash Rasaili ‘Snehi’ expressed hope that the parliamentary party leader will be selected by the New Year, stating, “Talks are underway, and the Congress will have its parliamentary leader by the New Year.”

Similarly, delays in electing the Deputy Speaker of the House of Representatives have also contributed to the Constitutional Council’s incompleteness. As a result, the appointment process for the Chief Justice is expected to face further delays. Currently, the Supreme Court’s Chief Justice position is vacant, and the Election Commission also lacks a chairperson. These delays in selecting the opposition party leader and the Deputy Speaker will inevitably postpone filling vacancies in the Supreme Court, the Election Commission, and other constitutional commissions.

According to the Constitution, if the Chief Justice’s position becomes vacant, the government’s law minister serves as a member of the Constitutional Council to recommend appointments. The council must recommend appointments for the Chief Justice or other constitutional body heads at least one month before the position becomes vacant. However, in cases of death or resignation, the council has a constitutional provision to recommend appointments within one month from the vacancy date.

Constitutional expert Dr. Chandrakant Gyawali has stated that delays in selecting the opposition party leader and Deputy Speaker have prevented the Constitutional Council from reaching full membership. The council’s incompleteness weakens the functioning of the judiciary and other commissions, thereby affecting good governance. “Vacant posts such as the Chief Justice of the Supreme Court and those within constitutional commissions remain unfilled, hampering their effective functioning,” Gyawali said. “It is certain that incomplete membership adversely impacts these institutions.” He further added, “The council’s recommendations are the first and most crucial step towards full composition of the Supreme Court and constitutional commissions. Only after the council makes its recommendations can parliamentary hearings become active.”

March 25, Kathmandu – Two brothers were fatally stabbed near Krishna Mandir in Patan, Lalitpur. The victims, 33-year-old Sumit Nembang and his 26-year-old brother Sirjan Nembang, were attacked with a knife by Sanjeev Nepali. Both were seriously injured and taken to B and B Hospital, where they succumbed to their injuries, according to Lalitpur Police Chief SSP Hobindra Bogati.

Police apprehended two suspects while they were attempting to flee the scene. The incident reportedly began on Wednesday evening when the Nembang brothers received a phone call from Sanjeev. Though the parties did not know each other, a brief conversation ensued after the call from an unknown number, which soon escalated into a dispute. Following the rising tensions over the phone, Sanjeev invited the brothers to meet him in Patan. When the brothers, who reside in Imadol, arrived, Sanjeev, who works at a butcher shop, attacked them with a meat-cutting knife.

March 8, Myagdi – A collision between a bus and a truck on Wednesday evening in Jaleshwor, ward number 9 of Beni Municipality, Myagdi district, left 15 Indian pilgrims injured. The bus, bearing registration number Ga 2 Kha 1457, was traveling from Mustang to Pokhara, while the truck, with registration Ga Pra 01001 Kha 0012, was heading from Bhairahawa toward Dana Rupse when the accident occurred. According to Inspector Sagar Timilsina of the Myagdi District Police Office, the front sections of both vehicles were completely damaged.

Out of 24 passengers aboard the bus, nine, including the driver and assistant driver, were reported safe. The injured are Indian pilgrims returning from completing the Muktinath pilgrimage in Mustang, Inspector Timilsina informed. The injured include 62-year-old Deepakraj Mittal and 63-year-old Shankar Lal Keshwani from Uttar Pradesh; 42-year-old Kriti Sharma and 38-year-old Gaurav Saini; 72-year-old Raj Adolia from Gujarat; 20-year-old Simran Sahay; 67-year-old Prema Sharma from Haryana; 53-year-old Alka Gupta from Uttar Pradesh; 58-year-old Arvind Bhatt from Jaipur, Rajasthan; 69-year-old Ramgopal Sharma and 48-year-old Bandhana Sharma from Delhi; 37-year-old Richa Kaushik and 39-year-old Gaurav Kaushik from Madhya Pradesh; as well as 48-year-old Vinit Goyal and 42-year-old Niru Chaudhary from Gujarat, according to police records.

Hospital reports indicate that the majority of the injured sustained injuries to their faces, hands, and legs. The bus driver, 31-year-old Vikas Jisi from Lahachok, Machhapuchchhre Rural Municipality-4 in Kaski, is involved in assisting with the treatment of the injured. Meanwhile, the truck driver, 28-year-old Narayan Prasad Sharma from Dhairing, Jaljala Rural Municipality-7 in Parbat, remains in contact with the police, according to authorities.

The Nepal Electricity Authority’s Board of Directors has decided to provide employment to an additional eight members of Gen-Z martyr families. The decision was made during a meeting chaired by Minister of Energy, Water Resources and Irrigation Biraj Bhakta Shrestha, aimed at offering jobs to overlooked members of the martyr families. Previously, the authority had initiated the employment process for 27 members of martyr families. Kathmandu, Chaitra 25.

In Wednesday’s meeting, it was decided to employ Rozit Shrestha from Kathmandu Bansthali, Ambika Bishwakarma from Udaypur, Sumitra Mahat and Shital Paudel from Sindhupalchok, Mausam Kulung from Sankhuwasabha, Parvati Adhikari from Sarlahi, Hemanti Bist from Bajhang, and Manju Paudel from Lamjung. Additionally, Executive Director Hitendra Dev Shakya briefed the board on his performance evaluation.

Rastriya Swatantra Samajbadi Party (Raswapa) Chairman Ravi Lamichhane proposed opening Singha Durbar to everyone in Jestha 2081 (May-June 2024). However, the government led by Prime Minister Balen Shah has tightened entry regulations, barring access for journalists and legal professionals. Both the Nepal Bar Association and the Federation of Nepali Journalists have expressed opposition to these restrictions and are calling for easier access. (25 Chaitra, Kathmandu)

When he was Home Minister, Ravi Lamichhane had put forward a proposal to open Singha Durbar to all. He stated, “No one should need acquaintance to enter Singha Durbar. The practice of granting passes only to those known or allowing entry only through personal contacts is being ended.” Despite the announcement made in Jestha 2081, the policy has not been implemented and instances of blocking easy access using various excuses have been observed.

On Wednesday, CPN-UML lawmaker Suhang Nembang visited the Office of the Prime Minister and Council of Ministers to voice dissatisfaction with the new entry regulations at Singha Durbar. He demanded the removal of restrictions imposed on legal professionals’ access. On Tuesday, the Administrative Court ordered that legal professionals must obtain permission via a citizen app before entry. Previously, they could enter by presenting identity cards issued by the Nepal Bar Council and Nepal Bar Association.

The Nepal Bar Association issued a statement opposing these measures. In a release by General Secretary Kedar Prasad Koirala, it was stated, “The Bar Association has repeatedly verbally alerted concerned authorities about recent obstructions to legal professionals’ access to the Administrative Court within the Singha Durbar premises, but no action has been taken.” Meanwhile, Federation of Nepali Journalists President Nirmala Sharma criticized the government for denying journalists entry, calling it a violation of the constitutionally guaranteed democratic right and the public’s right to information.

Spokesperson for the Office of the Prime Minister and Council of Ministers, Hemraj Aryal, asserted, “Pass arrangements have been made for entry to the Prime Minister’s Office; this is not a matter of strictness.” Raswapa Co-spokesperson Ramesh Prasain stated there is no policy of denying access or withholding information. The Nepal Bar demands unfettered access to Singha Durbar for legal professionals based on their identity cards.

President Sharma emphasized that Singha Durbar should be open not only to journalists but to all citizens. In 2016 (2073 BS), the National Information Commission directed public bodies within Singha Durbar to facilitate straightforward and easy access to information for citizens, in accordance with the constitution and law.

The Communist Party of Nepal (UML) has stated that due to their chairman, KP Sharma Oli, being in police custody, discussions on the constitution amendment agenda could not proceed. At a meeting of the committee formed under the leadership of Asim Shah, Dr. Bhishma Adhikari, a UML central member, expressed that the agenda would only be prepared after the chairman’s release. Adhikari argued that the topic of constitutional amendment cannot be left open-ended; it requires thorough discussions and consensus among all parties. March 25, Kathmandu.

The UML clarified that as their party chairman KP Sharma Oli remains in police custody, discussions on the constitution amendment agenda have stalled. During the committee meeting chaired by Asim Shah—established to prepare proposals for debating constitutional amendments—the UML representative responded accordingly. “Our party chairman has been kept in police custody. As long as he remains detained, no discussions on constitutional amendments are taking place,” said central member Dr. Bhishma Adhikari at the meeting. “Once he is released, we will convene meetings and prepare the agenda; currently, we cannot comment further.”

While indicating that the party will make decisions regarding the concrete agenda for constitutional amendments, Adhikari clarified that they do not oppose the constitution. “The issue of constitution amendment cannot merely be kept open; it must involve discussions with all parties and obtaining consensus,” he stated. He emphasized that any constitutional amendment should proceed only after intensive consultations with provincial and local governments, experts, and stakeholders.

March 25, Kathmandu – The Constitution Amendment Discussion Committee, formed under the leadership of political advisor Asim Shah by Prime Minister Balendra Shah, has commenced its deliberations. The committee began discussions by summoning representatives from parties represented in the House of Representatives and National Assembly to the Prime Minister’s Office at Singha Durbar.

“Since it was the first day, today’s session was more of an introductory meeting,” said Mohanlal Acharya, leader of the Rashtriya Swatantra Party (RSP), who participated in the meeting on behalf of his party. At this initial meeting, committee coordinator Shah outlined the mandate to prepare the constitution amendment discussion paper within 60 days. “A discussion paper should be prepared within 7 days, followed by consultations leading to completion of the work within 60 days,” he explained.

Following this, detailed information was provided concerning the amendable and non-amendable provisions of the constitution. Legal Secretary Pushkar Sapkota from the Prime Minister’s Office and Secretary Indira Dahal from the Ministry of Law delivered briefings. Subsequently, party representatives shared their respective views.

RSP leader Acharya emphasized that the constitution amendment debate aligns with his party’s manifesto and expressed support for the committee’s work. “The committee should establish necessary subcommittees and consult all stakeholders,” he added.

Dr. Bhishma Adhikari, representing the Communist Party of Nepal (Unified Marxist-Leninist), stated that although there is no disagreement over the proposal to amend the constitution, complications have arisen due to the party’s chairman being held in police custody. “Our party chairman is currently in police custody, so no discussions on constitutional amendments have taken place yet,” he said. “Once he is released, meetings will be held and we will prepare the agenda. For now, I cannot comment further.” He also recommended sufficient dialogue given the complexity of the subject. “The issue of constitutional amendment should not be handled in a closed manner; it requires discussion with all parties and consensus,” he stressed.

Dev Gurung of the Nepal Communist Party affirmed his party’s commitment to support constitutional amendments but highlighted the importance of making them acceptable to all. “He spoke extensively about procedural matters and stated that there is no disagreement on the constitution amendment,” sources from the meeting revealed.

Representatives from the Labour Culture Party, Rashtriya Prajatantra Party (RPP), Janata Samajwadi Party (JSP), Loktantrik Socialist Party (LSP), and Rastriya Janamorcha presented their respective agendas for constitutional amendments. “They submitted agendas that their parties intend to advance during the amendment process,” meeting sources said.

Labour Culture Party lawmaker Dhurvraj Rai called for serious discussions on controlling corruption, developing soil-friendly national policies, and national identity. “Measures to eliminate corruption must be clearly specified,” he insisted. “Attention should be given to formulating soil-appropriate policies.”

RPP’s Gyanendra Shahi raised issues concerning establishing a Hindu state and the monarchy. “He brought up the topics of a Hindu state and monarchy,” according to sources.

Representatives from Madhesi parties recalled their longstanding disagreement with the current constitution. JSP’s Surendra Kumar Jha and LSP’s Abhas Lal expressed opposition to the constitution since its promulgation. Rastriya Janamorcha’s Durga Paudel also raised the issue of abolishing federalism. Paudel’s demand to dissolve provinces received support from RPP’s Shahi. “They agreed that constitutional amendments should be made to abolish the provinces,” meeting participants confirmed.

No representatives from the Nepali Congress attended the discussion. Party leaders explained that delays in selecting representatives caused Congress’s absence at the meeting.

Six individuals have been arrested for unauthorized access and manipulation of contract details in the government’s online project management system. Those arrested include Divakar Deuja, Bharat Dhami, Sanjay Bhatt, Bhaskar Raj Aryal, Sagar Kutuwal, and Jeevan Kumar Das. A joint team from the Police Headquarters, Cyber Bureau, and Central Investigation Bureau apprehended them and is investigating under the Organized Crime Control Act, 2070 BS. The incident was reported on Chaitra 25 in Kathmandu.

According to the police, the six suspects manipulated data on various project contracts by gaining unauthorized access to the online procurement monitoring office’s system. The arrests were made based on complaints regarding tampering with contract information. The joint task force of the Police Headquarters, Cyber Bureau, and Central Investigation Bureau conducted the arrests and the investigation is ongoing under the Organized Crime Control Act, 2070 BS, as informed by police sources.