The Tribune, Chandigarh, India

Wednesday, June 13, 2001, Chandigarh, India

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Kantipur Editor may move SC
Tripti Nath
Tribune News Service

Kathmandu (Nepal), June 12
The six-day-long detention of the Editor and publishers of the Nepali daily, Kantipur, has been prolonged till Friday.

The special court hearing the case has asked the prosecuting officers to make formal charges by Friday morning. At the much awaited first hearing of the case in a special court in a residential locality in Central Kathmandu here on Tuesday, the three-judge Bench presided by Mohan Prakash pulled up the police and aksed it to return with the charge sheet when the court assembles on Friday morning.

The court made it clear the police would not get time beyond Friday to file a charge sheet.

As a result, the mediapersons facing charges under the State Offences Act have been sent back to police custody in Hanuman Dhoka. The three mediapersons have been in police custody since Wednesday. They were picked up by the police after their nine-year-old newspaper, a sister publication of The Kathmandu Post, published an article deemed to be inflammatory. The article by underground Maoist leader Baburam Bhattarai stated that King Gyanendra could not be trusted and there was an international conspiracy behind the bloodbath at Narayan Hity Palace on June 1.

According to the president of the Nepal Bar Association, conviction for the aforesaid offence attract a jail term of six months. Lawyers appearing for Editor Yubraj Ghimire. Managing Director Kailash Sirhoiya and Director Binod Raj Gyawali said they were considering moving a habeas corpus petition in the Supreme Court to challenge the detention of their clients.

While stepping out of the court complex in the afternoon, Mr Daman Nath Dongana, who is appearing for Kantipur Publications, termed the court order as “very favourable”.

Asked if they would wait till Friday to move the Supreme Court, Mr Dongana replied, “We will hold consultations. We have already prepared the draft writ. This is a very hotchpotch case. The police has tried to convince the court that it is an offence against the state”.

Mr Dongana told TNS the court had not allowed the police 25 days normally given according to the law in criminal charges or offences against the state. According to the rule, the police can keep a person in custody for a period not exceeding 25 days. The detainees are required to be produced before the court the next day. In this case, they could not be produced earlier due to official holiday. The prosecution has to report to the court to seek extension of time for 25 days.

“In respect of the public interest in the case, the court has not allowed the plea this time and instead asked the prosecuting officers to file a charge sheet by Friday.” Asked whether three mediapersons would continue to be detained, Mr Dongana said, “It all depends on the police now. They have to complete the formalities. The court has cooperated with the journalists by asking the police to report by Friday. What has come to the notice of the court and the judges is that the statement of the respondents has not been recorded. The court has ensured that the freedom guaranteed by the Constitution is protected,” he said.

Mr Dongana expressed the confidence that the government could not continue with the prosecution as public opinion was very much in favour of the newspaper and the accused mediapersons. True enough the past six days have witnessed several protest marches by the national and international media besides favourable intervention from Amnesty International, the USA, the Nepal Human Rights Commission, the Nepal Bar Association besides the main opposition party, Communist Party of Nepal (United Marxist Leninist), the ruling Nepali Congress and the Rashtriya Prajatantra Party.

Asked whether they were being harassed in police custody, Mr Ghimire said, “We cannot say anything. Ask our lawyers.” To another question whether he was happy with the order not giving the police time beyond Friday, Mr Ghimire said, “It is too premature to say anything.”

He confirmed the police had not afforded them an opportunity to record their statements and blamed it on official holidays. Expressing his gratitude to the journalists who had raised their voice against the detention of mediapersons, Mr Ghimire said, “I’m grateful to them. It is their cause. We are fighting for a cause”.

Nepali Congress MP and former Mayor of Kathmandu P.L. Singh who was present at the court told TNS the law would take its own course.

Mr Dongana said although the hearing was not a closed-door affair newspersons were not allowed inside by the police and court guards as the issue related to freedom of the Press. Mr Dongana, who is among the four lawyers engaged for the case, said although Nepal’s Constitution forbids setting up of special courts the aforesaid court was set up three months back following a Cabinet decision. He said the court was set up for cases of trafficking in women and children and economic offences.

Probe committee summons Devyani

Kathmandu, June 12
The two-member committee probing the June 1 palace massacre has summoned Devyani Rana in view of media reports about her relations with Crown Prince Dipendra, who is alleged to have carried out the mayhem before shooting himself, media reports said here today.

“Spacetime Dainik’ quoting the probe panel sources said the committee had contacted Nepalese Ambassador to India B.B. Thapa to make necessary arrangements in this regard as Devyani was reported to have left Kathmandu for India on the day of the massacre.

Media reports have, however, said she is now in London with her sister. However, there was no official confirmation about the reports.

Nepal Congress woos Oppn
Tribune News Service

Kathmandu, June 12
In a rare initiative, the ruling Nepali Congress has begun a process of dialogue with the Opposition. While the pro-India Sadhbhavana Party views the endeavour as a step towards strengthening the multi-party democracy and monarchy in the wake of the ongoing crisis in the Himalayan Kingdom, the Communist Party (ML) has dismissed the effort as a “cover-up by an insecure government.”

General Secretary of Nepal Sadhbhavana Party Rajendra Mahto who attended the meeting convened by the Nepali Congress in Malegaon on Tuesday afternoon said the two parties reviewed the prevailing situation in the country.

He said Local Development Minister Govind Raj Joshi, Education Minister Amod Prasad Upadhaya, spokesperson of the Nepali Congress Narhari Acharya and party central working committee member Arjun Bahadur attended the meeting. The Nepal Sadhbhavana Party was represented by its General Secetaries Rajendra Mahto and Hridesh Tripathi and Joint General Secretaries Anil Kumar Jha and Khushi Lal Mandal.

Mr Mahto said that this was the first time the ruling party has organised such a meeting with the Opposition on the present situation of the country. He said the ruling party also sought the cooperation of the Nepal Sadhbhavana Party in ensuring the smooth functioning of the forthcoming Budget session of Paliament. The appeal by the ruling Nepali Congress can be appreciated in the light of the winter session of Parliament being disrupted by the Opposition on all 57 working days.

Mr Mahto said his party assured the Nepali Congress that it was in favour of ensuring the smooth passage of parliamentary proceedings. At the same time, the Nepal Sadhbhavana Party said it would discuss its stand in the Budget session at a meeting of its central working committee.

Shana Pradhan, founder president of the Communist Party (Marxist Leninist) said the belated initiative of the ruling Nepali Congress to hold a dialogue with the Opposition reflects its own insecurity. “We have been demanding a national consensus on key issues as the Maoist movement, educational policy and other matters related to development. When we first voiced the demand for a national conference to address such issues, the ruling Nepali Congress rejected the idea. Now that they feel that things are not working well, they have decided to hold talks with the Opposition. The government is not sincere. It is just trying to cover up the situation and is not secure,” she observed.

Former Mayor of Kathmandu and Nepali Congress MP P.L. Singh termed the initiative as “unprecedented and rare.” He said the dialogue with the Opposition had been necessitated by the palace tragedy. “Constitutional monarchy and democracy must go hand in hand in Nepal,” he said.