Category Archives: Eagle's Eye

Digging Out A Maoist Corpse For Medical Test

NHRC exhumes body of suspected Maoist
An National Human Rights team with an unidentified boy it exhumed at Mulkhola, Masanghat in Kavrepalanchowk on Wednesday.
Pics by Bikash Karki via the Kathmandu Post

By Kiran Chapagain
The Kathmandu Post (For the record)

MULKHOLA MASANGHAT, Kavre, July 5- For Tirtha Maya Tamang, a local housewife, it took over two years to see the riddle of her spade and shovel solved. Some soldiers on patrol had taken away the tools from her house without permission early one morning. The tools have been missing since then. Continue reading

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Turning Supreme Court into Royal Court

By Kiran Chapagain

Royal Nepal government desperately wants to fill up the Supreme Court positions with its supporters

If you are amongst the ones who have keenly followed the heated debate over the appointment of “conservative” judges in the US Supreme Court in recent months, hold your breath for an equally pugnacious debate at home. As the Chief Justice, Dilip Kumar Poudel, is set to appoint some “royalist” judges in apex court, the Nepal Bar Association is preparing for yet another pitched battle. Judicial Council (JC) headed by Chief Justice has already recommended appointment of four judges, some of whom are “ardent supporters” of the February 1 move and the present regime, and one of them has a “questionable” track record as a judge.

A source at the apex court told me (for the Kathmandu Post) that the JC has recommended outgoing Attorney General, Pawan Kumar Ojha, Senior Advocate Bipulendra Chakrabarti, and two appellate court judges Rajendra Koirala and Tahir Ali Ansari. The names have already been sent to the Royal Palace for king’s consent as required by the Constitution.

Nepal Bar Association (NBA), the umbrella organization of the lawyers, has said the appointment of those who have been supporting publicly the February 1 move and “unconstitutional” activities of the present regime in the Supreme Court will be unacceptable.

Ojha, as the Attorney General, defended king’s “unconstitutional” decisions, including the constitution of the controversial Royal Commission for Corruption Control. While Biratnagar-based Senior Advocate Chakrabarti is the close relative of king-nominated regional administrator, Rabindra Chakrabarti. The government has already appointed Senior Advocate Laxmi Bahadur Nirala as Ojha’s successor. Nirala was the chief of the civic committee formed to felicitate King Gyanendr in Janakpur last year.

Judge Koirala’s decision, as an appellate court judge, on a Gold Quest Scandal was later on reversed by the supreme court. He had acquitted the main accused Filipino national, who immediately fled the county. A supreme court source also said that both Koirala and Ali were rejected by the Judicial Council in the past. Both these names, according tot he source, have been proposed by law minister Niranjan Thapa this time.

Besides, the source also revealed that efforts are underway to appoint the lawyers, who have defended the constitutionality of the RCCC at the SC, as judges at appellate courts. The names are yet to be finalized, the source revealed.

Making its protest public, the NBA in a statement issued today said that appointments of pro-palace people as lawyers would be unacceptable to it. NBA also warned that the Judicial Council will be responsible for any consequences if the latter ignores its concerns over the appointment of judges.

“The appointment of persons, who are against the supremacy of the constitution and who have been publicly supporting the government’s activities and decisions that have curtailed the fundamental rights of the people, that have narrowed down the jurisdiction of the independent judiciary and the constitutional bodies, as judges is unacceptable to NBA,” a statement undersigned by NBA General Secretary Madhav Basnet said. He added: “Such persons cannot defend the supremacy of the constitution and defend the dignity of an independent judiciary.”

This entry was posted on Monday, December 26th, 2005 at 11:35 pm and is filed under Eagle Eye. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

45 Responses to “Turning Supreme Court into Royal Court”

swaraj Says:
December 26th, 2005 at 11:40 pm

Who is this NBA? Afterall it is simply a club just like the reporter’s club, accountant’s club, badminton club or the dance girl’s association. Who are they to question the Supreme Court? They themselves are nowhere mentioned in the constitution.

Wagle Says:
December 26th, 2005 at 11:41 pm

Never before, we saw such divide and controversy over the issue of Supreme Court Justice nomination, especially in the days of democracy in Nepal. This time the royal government, as Kiran has rightly stated, disparately wants to fill up the important judiciary post with its sympathizers if not die hard supporters so that opposition voices registered in the Court could be knocked off the independent body. The government has become even more desperate in the wake of recent pro-people verdict given by some Supreme Court justices.

The Bar has rightly warned “concerned” people about the possible consequences if those persons who are misinterpreting the constitution get such an import post that formally gives them the right to interpret the statue. How can we forget what Ojha said recently inside the court? He is the same man who recently and openly advocated the divine power of the Hindu king. He also claimed that a Hindu king doesn’t have to follow the constitution and royal orders carry constitutional validity.

The Bar should strongly come forward to block the regime from doing what it wants to do in the Supreme Court.

hari Says:
December 26th, 2005 at 11:42 pm

Yes, this Nepal Bar Association is behaving like it is an umbrella organization of the 7 parties and the Maoist alliance (SPAM). They have at no time mentioned anything about the lawyer’s welfare but only about politics. Why is Shambu Thapa only interested in politics and rubbing his hands in front Nepal and Koirala? He maybe eyeing the judge’s position himself once Koirala comes to power.

sarita Says:
December 26th, 2005 at 11:46 pm

Reply to Wagle: What can the Bar do that it is warning of dire consequences? Last time in the case of Kantipur t.v and media ordinance, it warned of dire consequences but took bribe from marwaris to slow down the agitation. These lawyers are like snails inside the banker’s locker room. All they want is money nothing else. Its only because of Kantipur that Shambu Thapa has been made out to be a “zero”. He really is a zero. Nothing more than that. Just look at the way he talks. As if he is the leader of the UML. No past president not even Pyakurel has done this much of damage to the image of Nepal Bar Association.

achamma Says:
December 26th, 2005 at 11:50 pm

The name itself says it all, “Bar Association”. All of them drink all day long. They take money from the EU, the Norwegians, the Danes, the Indians and spend their time in nonsense such as these. Most of the office bearers are not even well known lawyers. No case goes to them because they never win those cases. Which prominent legal case has Shambu Thapa ever won? No client ever goes to these bunch of looters.
Good comment above that the NBA itself is not recognized by the constitution. NBA also stands for Nepal Blind Association. or Nepal Basketball Association-

samachar patra Says:
December 27th, 2005 at 12:21 am

“Bar Association”. All of them drink …. NBA also stands for Nepal Blind Association. or Nepal Basketball Association-”

I know sarita and achamma. Their name exactly matches two [icd]. I think [icd] have advanced too far. it seems the [icd] are helping the [icd] king. Maybe the [icd] king now allows them [icd]. Look…names have something to do. You [icd]!

unknown101 Says:
December 27th, 2005 at 1:30 am

everybody please dont disappoint wagle

mahesh Says:
December 27th, 2005 at 3:17 am

( swaraj Says: Who is this NBA? Afterall it is simply a club just like the reporterâ??s club, accountantâ??s club, badminton club or the dance girlâ??s association.# hari Says: Yes, this Nepal Bar Association is behaving like it is an umbrella organization of the 7 parties and the Maoist alliance (SPAM) #

sarita Says: No past president not even Pyakurel has done this much of damage to the image of Nepal Bar Association.#achamma Says:NBA also stands for Nepal Blind Association. or Nepal Basketball Association)

What kind of vision are you trying to share . Being a member of NBA i and most of the lawyers support on latest statement of NBA. guys don’t try to say hatti and hatti chaap chapal is same .this is the issue of independent judicary . If all the justice came on the basis of relation with the king , the court will no more independent. then it become as the old justice system as rana regime . king will be the chief justice .

Gantantra Says:
December 27th, 2005 at 3:55 am

those who are criticizing bar Association and its identity should have the courage to ask people in royal club….what they do? They don’t only drink but are culprits of trafficing “Kalo Padarth”…..do you guys have courage to ask why King is behaving like a politiciaan? In unusual times never ask what is legal and illegal….just think what is good and what is bad…..Bar association has upheld the banner of democracy…..

Philly Says:
December 27th, 2005 at 8:59 am

Dear friends, brothers, sisters and friends of Nepal,

In general, the monarchy in Nepal represents extremely unacceptable ways of gaining and maintaining power and wealth, such as military domination and murder and they claim control of the country through war, murder, betrayal, and any other ruthless act that achieves victory. No matter what, the Royal Nepalese Army works on behalf of the monarchy to keep the citizens toothless and oppressed. We all know that King Gyanendra is creating laws that only allow the monarchy to rule legally over the society and by announcing to hold the elections is to construct a political system that allows him to hold the most political power in Nepal.

After the Royal Massacre, King Gyanendra became the King of Nepal against the consent of the people. The future of the monarchy must be decided by the Nepalese people as represented through Parliament, not by the royal family. We should decide, not them. Our system of hereditary monarchy denies us the fundamental democratic right to choose our head of state.
There is NO evidence that republican states are less patriotic than monarchies, in fact if anything, quite the reverse is true. The monarchy by its nature is divisive. Monarchy is an elitist, hereditary system that sends the wrong signals to the Nepalese people. The monarchy actually symbolizes divisions in society. For example, it is difficult to think of a time when the social life of our country, Nepal is in such turmoil as at present.

On the contrary, regular presidential elections symbolize better continuity than now. Currently we wait for a monarch to die and be succeeded by someone who may be a child, who may be very unpopular or even insane like Paras. Any so-called continuity we experience under a long-lived monarch is achieved at a high price. This is because we lose the democratic right to choose our head of state or to remove a bad one. Worse, our system of government is devalued, and we remain victims of inequality, privilege, snobbery and exclusiveness.

An elected president as in Ireland, France, Austria, Germany and many other democracies works perfectly well. If the president does not do as we expect, we can remove her or him. This is not an option with the Nepali Royal family unless they are removed once and for all.

When we say that something works, this normally means more than just scraping by. An old car may well be able to go from A to B, but if it does so while polluting the atmosphere, using too much fuel, dripping oil on the road, having unsafe brakes, and giving its passengers an uncomfortable ride it only works in a very limited sense. If something really works we mean that it does it well and achieves the desired result and effect.

What’s needed from a modern head of state is that the office should foster a democratic, inclusive and open society where the citizens enjoy equal worth and equal opportunity. On this basis our monarchy is broke and must go. Why do many pretend that we live in a modern democracy when we can’t even elect our head of state? Meanwhile, the social, political and constitutional mess caused by the monarchy continues to blight our society.

We believe that we should have an elected head of state drawn from any part of society, regardless of birth, whose conduct reflects the equality of all citizens. An elected President would be expected to carry out his/her duties with dignity and without looking down on people.
It is time for the monarchy to go. It is time for a referendum with one simple question Do you wish to elect our head of state? It is time for the media to put principle before the easy story and photo-opportunity and campaign for the abolition of the monarchy and the aristocracy.
Today, if we were starting from scratch to map out the way we wanted democracy to work in this great country of ours and began with a blank sheet of paper, there would be no place for monarchy or any form of aristocracy.

That’s because in a proper modern democracy:
Everyone is born into the world of equal status
Democracy is the only fair way to choose the head of state and other leaders
True equality of opportunity allows anyone to aspire to be head of state
We each get to vote for our choice of head of state

In a true democracy it is obvious that the concept of monarchy and all the so-called nobility that’s associated with it is totally inappropriate. So why do we tolerate a monarchy now? Only because some of his majesty’s subjects are still being conned by monarchists into believing the myths about the monarchy.

Ajay Says:
December 27th, 2005 at 11:07 am

To defeat the giant one should raise the weapon otherwise not only him but also giant will finish all life and matters.

If one is doing which is beyond his duty then of course to stop them one has to go beyond their working area, so happened nowadays. King forgot his duty and being unsatisfied person he is busy in making money, for this to remove all barriers such type of big network he has made. And I appreciate the work of Bar Association that they have enough courage to stop such activities. Keep it on and save mankind.

Chandan Says:
December 27th, 2005 at 12:17 pm

Everyone smells rat in NBA’s recent aggressive towards the royalists…huh…those royalists-sympathizers imagine the day when all civil societies (among them NBA is the one) are kept silent or subduded by the tyrant’s henchmen: the day we will see everyone taking the tyrant’s regime and people would not know what is their democratic right except the forced right to conceded all the preachings of the tyrants and his bootlickers…shame on you who cannot differentiate between civil society and the royalist’s club of autocracy…

I fully support the recent NBA move, irrespective the alleged irregularaties inside this organization…and regarding Shambhu Thapa, he is the most outrageous critique of the tyrant and his moves and under his leadership the NBA is on a whole free from royalists penetration. The recent stay orders on FM news case and the NGO code of conduct have been a serious slap to the tyrant…he cannot implicate and impeach the lawyers and criticize the NBA directly. So, he is desperately trying to induct his supporters in the supreme court so that all the cases against his decree are passes with a majority.

Remember that if this case goes uncondemned then the supreme court would be a puppet of the royal regime. I would gradually bring verdicts legalizing RCCC, the media ordinance, NGO code of conduct and the royal regime. The would be no one to give an impartial verdict on the fundamental human rights issues and the legality of sensitive issues and extra judicial and constitutional matters…

At this time, stop criticizing NBA and Shambhu Thapa. Those who are that worried about the Nepal should dare to condemn the hardcore royalists appointment to the supreme court. They will be appointed by the tyrant as the suspicious and royal bootlicker CJ has already forwarded the names…Legislative, executive and the fourth estate of a state are already paralyzed. Now, the tyrant is trying to paralyze the judiciary branch. Where will we go for justice then?

Chandan Says:
December 27th, 2005 at 12:26 pm

It would gradually bring verdicts legalizing RCCC, the media ordinance, NGO code of conduct and the royal regime. The would be no one to give an impartial verdict on the fundamental human rights issues and the legality of sensitive issues and extra judicial and constitutional mattersâ?¦

Top of the World Says:
December 27th, 2005 at 12:57 pm

NBA is business oriented lawyers club. NBA has no rights to advocate over the appointments of the judges. Suprem court is not a political court where Sambhu likes to kik the ball for his masters than to look the problems of lawyers wel-fare. Black and white” this is their job. Shambhu is a brain-drain persona so do his associates. SHAMBHU and ASSOCIATES, look we are advocating corrupt leaders like girija and shere….

hawkeye Says:
December 27th, 2005 at 1:02 pm

NBA has no right to interpret the constitution only Supreme holds that right. Shambu thapa is nothing but girija and makune ko pucchar.

hawkeye Says:
December 27th, 2005 at 1:04 pm

Chandan good analysis,

but that doesn’t prove anything for even in states bush administration would bring in his supporters. that’s how the world works be it in republic or not.

tg Says:
December 27th, 2005 at 2:03 pm

The Bar association and Thapa is nothing but a bunch of corrupt clowns, which and who are examples of everything that is wrong with our country.
There are too many corrupt lawyers and too many Shambhu Thapa types. The sooner they leave the business of law, the better is is for us all.

tg Says:
December 27th, 2005 at 2:07 pm

To add to Shambhu Thapas bio data, let me add that everytime he gets a chance he is in the media in whatever magazine, and everytime he does not fail to mention that he comes from a land rich family, so that he can cover up all the money he has actually wallopped illegally, just in case he is questioned aboput it. A typical corrupt blood sucking lawyer through and through.

Kirtipure Maharjan Says:
December 27th, 2005 at 2:17 pm

“but that doesn’t prove anything for even in states bush administration would bring in his supporters. that’s how the world works be it in republic or not”

Good point. So let’s fight first for the Democratic Republic of Nepal. Let’s kick out the criminal supreme commander and his son. Let’s held period elections for the President like in the “States.” Let’s not give a criminal a chance to proclaim a God-King of Nepal.

Bishnu Says:
December 27th, 2005 at 2:31 pm

Don’t worry in coming days all DEPARTmentsof goverment will have Royalists….because in our country “SANSARMAI NAVAKO PRAJANTRA” is here running by Royal autocracy govermnet.

duke Says:
December 27th, 2005 at 3:23 pm

Where was Shambu Thapa when Girija challanged the court about his corruption. He is nothing just the chamcha of corrupted leaders. If he has guts then he should also shout to those corrupted leaders like he is crying about contitution now. NBA is not for the people, all doing dramas for securing their future good post. Everyone knows peoples rule will be established but this NBA with foreign grant safeguarding the same filthy leaders. Where were they when their leaders doing mistakes one by one in 14 years. We can say confidently even in future if their boss do mistakes they just keep silent in the name of democracy.

Somebody Says:
December 27th, 2005 at 4:27 pm

Dinesh dai adsense ko referal vanda pani Firefox ko referal chalcha but little big one with Surf faster with Firefox one. This one rarely works because who is intrested in advertising already knows it.

Chandan Says:
December 27th, 2005 at 4:52 pm

There should be at least some one ‘with legitimate force’ to criticize the tyrant’s appointment spree…as I think all lawyers need to be a memeber of NBA to get accredition, the royalist lawyers’ accredition should be annuled by the NBA…it would be put moral pressure…

duke Says:
December 27th, 2005 at 7:54 pm

Chandan,

Yes they should critcize but without biasness and self interest. How could we trust them if the many members of the NBA is bias and guided by political interest and looking for good opportunities.

realTouch Says:
December 27th, 2005 at 11:43 pm

All Royalist,

What right Niranjan Thapa has got to appoint royalist as supreme court judges ? Is he elected from the people with any mandate ? Has the king any right from Dhara 127 to consent any appointment ? You can harp any thing, royalists, as you are harping autocracy. But this country is of Nepalese people and not of royal family’s. Why don’t you advice the king to go to constituent assembly election to get a people’s mandate and prove his credibility?

achamma Says:
December 28th, 2005 at 12:39 am

People like Chandan are hell bent in making Nepal another Sikkim. If the monarchy goes Nepal will turn into another Sikkim, these bunch of thugs will give Nepal in a platter to India. Do you want a sovereign Nepal to become a slave of India? That is the first point.

The second point is that didn’t Girija appoint helchmen to the court? Wasn’t Biswonath a spoon fed by some foreign power? We don’t have an elected government right now, so how can we appoint judges. This is of course not the best way. That is why we need speedy elections. On Feb. 8th there will be municipal elections. Then elected people will come at the municipal level to duly sign all your citizenship cards. After that there will be general elections where the M.Ps. elected by the sovereign people will make laws and also appoint members of the judicial committee.

But even then lunatics and jokers like the Bar Association will remain a club.

nabin Says:
December 28th, 2005 at 12:42 am

Agreed. The Bar Association and its President have no right to denounce the Supreme Court. Nowhere is the Bar so deeply involved in the making of the aupreme court. Bush appointed his own relative as a judge of the U.S. supreme court. Did the American Bar Association criticize that appointment? ONly here there is too much democracy.

But when the chief justice call them to the court, they instantly become rats. Like when they announced that they would boycott all court proceedings and at the last minute withdrew their demand. They are just wanting cheap publicity, that’s all. Nothing more to it.

Kirtipure Maharjan Says:
December 28th, 2005 at 1:28 am

“Bush appointed his own relative as a judge of the U.S. supreme court. Did the American Bar Association criticize that appointment? ONly here there is too much democracy.”

Hey Nabin, do you know how many times the president nominees are rejected in the United States (remember Bush’s recent embarrassment)? Do you know how deeply do they dig into the personal records of the person in the question? Common man, many people know what goes on in the United States. If you want to produce examples from the United States, just study a bit more. Nobody is going to be mislead here.

Hello Says:
December 28th, 2005 at 9:02 am

To all those who are bringing ridiculous are argument to say NBA has no business in the appointment of supreme court of judges- Of course, NBA has every right to question the royal appointees of supreme court. Not only NBA, but every Nepali has a right to question the appointees of supreme court. After all, Supreme court is the place where you go to when you are injusticed.

Nabin, do you know how much debate there is when a supreme court judge is appointed in the US? Bush’s lawyer who was appointed resigned because of the scrutiny. Not only republicans and democrats but from pro choice to anti abortion camp, from NRA to moveon.org, everyone tries to support nominees they like and denounce nominees they do not like.

Now that legislative and executive function of the government is the same, king G is even trying to hijack judicial function. This is just disgusting.

Chandan Says:
December 28th, 2005 at 2:04 pm

achamma

Please live in your dreamworld. You talk of election. Sorry, but even high ranking army sources opine that the elections won’t be representative and a bloodbath is immenient…what can u infer from that: it is because the autocratic king wants to cling to power in the pretext of terrorism. and regarding sikkim…do u have any idea how sikkim got into it’s fate? I feel pity on ure understanding…I have always been voicing for democracy because it is the best form of governance available to the world…and u give me any state where autocracy has led to a successful nation…in democracy corruption and the other evils do happen but there are tools through which it can be rectified or people can be brough to justice. Can u see any credible means in KG’s autocratic rule of such provision? I think you have forgotten T I’s report two months back that corruption in Nepal is rampant like never before (emphasis never before)…please relfect back in ure understand before making allegations…

And, I want to request people to suggest what can be done (apart from the royalist move) to make democracy function in Nepal. Please do not criticize make it an agenda just for the sake of criticizing! It would be helpful if you offer some viable and progressive suggestions…

realTouch Says:
December 29th, 2005 at 7:56 am

achamma,
I just ask one questions.

Are the Sikkimese worse under democrat India than under autocrat Chyogal?

If the king acts the Chyogal, people will have no alternative. Don’t corner people and their leader that far.

achamma Says:
December 29th, 2005 at 10:10 am

Ha! Ha! Ha! Ral Touch, now you have come to the point. Now, you see how has been filling this blog site. You feel that the people of Sikkim are better under Indian rule than being sovereign, independent, free nation. Wow! You feel your mother would be better if she would elope with a wealthy businessman than with your own father? That is your morality? No matter what, no matter who rules, or who misrules, my nation is my motherland.

Reply to Chandan: OK Let’s restore democracy at the earliest. The only way to do that is to conduct elections. Who de-railed elections? Who dissolved the house? Who dissolved all the local elected institutions? Let’s talk some sense here. Is the appointment of Koirala or Nepal as PM going to be democratic? They are simply going to be nominated Prime Ministers. Therefore, elections is imperative.

We are not going to allow these 7parties to conduct elections because when the NC conducted elections in 1999, UML did not allow the Prime Minister to enter Singha Durbar crying foul and the elections being rigged.

So, elections have to be held. Sooner the better. Violence can happen anywhere, in Assam elections, in Meghalaya elections, in Kashmir elections, in Iraq elections.

Chandan Says:
December 29th, 2005 at 11:59 am

Don’t go for the obvious! Talking about derailed electroal process earlier during democratic government, it was the ploy of the palace and the conservative bureaucrates that manipulated the politicians. The palace and the conservative bureaucrats have made the parties a pawn. It is a regretable that the parties with evil and selfish leaders like GK and Makune got into that trap. However, given this backdrop that they were unable to steer Nepal and involved in corruption, we cannot support autocracy. Corruption and irregularities are indispensible part of democracy. The point is how we can bring these evils through press and deliver justice through constutional means.

And, in autocracy like now, the press cannot either break news of corruption because the information is kept water tight or very daring journalists are taking a big stake and reproting what seems to be a tip of an iceberg at this current state. I believe during democracy more corruption cases were in the press than now. Blaming the parties only is not sensible as some of the leaders who monopolized power and status brought this fate. There are still good leaders in the parties and yes there are rotten rats too. But, still I believe that the rotten rats in the parties, which should be eventually kicked out, have more dignity and pathetic than the autocratic KG and his conservative bureaucracy.

Read today’s KTM post to know how selfish people in the palace try to influence the decision. It’s an article written by a panchayti ruler who recommended Birendra for changes and the secretary tried to quash the recommendation and tried to sideline him.

Thito Says:
December 29th, 2005 at 3:29 pm

achamma:

U mean it is better to be [icd] by KG and his [icd] son rather than ur [icd] run away with a wealty businessman?

sardar Says:
December 29th, 2005 at 3:37 pm

I was very sad to read the comment by RealTouch who says that the people of Sikkim are happy. The fact of the matter is they are not. Sikkim is the only Indian state which does not have an airport. It does not have an university. In what way is it better than when Chogyal was ruling? Sikkimize live like 2nd class citizens. They are not independent, they have no voice, only one M.P in the Indian parliament.

Look at us. We are way ahead of them. This is only a fight which is temporary. The monarch, the parties and the Maoists are going to be back once again. And dhotis will be dhotis.

Limbu Says:
December 29th, 2005 at 4:12 pm

Sardar, I see points in your blog. We Limbus had our own Kipat land system in Nepal. Even P. N. Shah could not colonize us. We forced him to grant our land rights. Suddelnly, greater colonizers Mahendra and Tulsi Giri came alone. In the name of Boomi Sudhar, they abducted our land rights. A couple of decades ago, they colanized the Tamangs. We are living in a colanized world in “Nepal.” I know the pains of being a second class citizen. The Shahs made us a second class citizen in Nepal. It is important that we first dethrone the Shah colanizers from Nepal. Let’s get rid of G. and Paras. Maybe we people can live peaceful. But the Shahs have sucked our blood a lot. It’s time to ger rid of them.

krishna Says:
December 29th, 2005 at 5:18 pm

Real touch,

Hey be practical… no body wants nepal to be part of another country, neither any country wants nepal to be its part…

But there is no correlation between KG and soverginity of nepal… what suppose the guy has heart attack tommorow what?? will nepal become slave of some other country? This idea is pathetic… bangladesh, pakistan,srilanka, maldives,burma, all countries exist without kings..

duke Says:
December 29th, 2005 at 6:39 pm

Yes there is correlation between King and soverginity. The proof is Sikkim, India was supporting parties and parties were telling to the people that there will be more democracy after removing the king. But after removing the king parties surrender to the Indian government and made Sikkim part of it. Our parties had already shown the morning by selling the Koshi, Gandaki and Mahakali. They are making agreement in Delhi by lying to the people. They said to the people they went to Delhi for their treatment and done good agreement with maoist. People do not know what other agreement they have done with India.

programmer Says:
December 30th, 2005 at 7:10 pm

something like shit smell around you guys in here.
NBA what is this? this is what you should consider before you comment.

NBA simply means “Nepali Buddhu Association”

krishna Says:
December 30th, 2005 at 8:11 pm

Our parties had already shown the morning by selling the Koshi, Gandaki and Mahakali.

Ha ha, boy they were all sold by royalist governments in past… did u not read history ever? King Mahendra signed the deal of gandaki with India and later asked B.P.Koirala to find out whether nepal has “fishing rights or not” if not he asked him to ammend the treaty… Later when B.P told mahendra that the delhi side has also already signed the treaty and indian ambassador said that it should have been brought before signing of treaty… Mahendra and his chamache rediculed B.P for asking for such unimportant thing like “fishing rights”… as if it was joke played on B.P…

FinalSolution Says:

December 31st, 2005 at 5:27 am
UWB: The original comment posted here has been removed. We don’t accept racial, anti-social comments that endanger our national harmony and geographical integrity. Nepali is a country of Nepalis. This website is against creating hatred among Nepali people by dividing them based on ethnicity and religion and provoking them against each other based on those divisions.

achamma Says:

December 31st, 2005 at 4:07 pm

Yes, I am right. King is a symbolic authority for Nepal’s sovereignty. Nepal has been independent only because it has a monarchy. These parties would have made Afghanistan out of Nepal a long time ago. It is only because of the monarchy and the army that we can live with our heads high. Yes, there are a lot of criminal elements around in the media, in the so-called civil society and in the NBA that corrupt the minds of the innocent Nepalese. Otherwise there is no problem. Nepal will remain independent and the proud Nepali flag will furfur for a long time to come.

Rohit Says:

December 31st, 2005 at 4:41 pm
The King does not symbolize Nepal’s independence. He symbolizes its backwardness. It is never possible to have an autocratic monarchy and a forward thinking country.

Yes, there are examples of republicanism gone amok like Afghanistan but there are many more examples of republican states becoming perfectly functiong nations.

It is horrible to hear people link Nepali nation
to its king. People who say such things are not only extremely stupid but degenerates .To give the corrupt and lazy Shah family so much respect is appalling. Only a person with a diseased mind would say that Nepal is independent only because it has a monarchy.

Anyway, these sick people will have to come to terms with the fact that Nepal will be a republic soon. It can be no other way.

programmer Says:

January 1st, 2006 at 12:52 am
FinalSolution,

yes, this is our Nepal should have such kinds of diversity so i’m happy to having those things in nepal, it has been now our culture to fight and unfair in our nation. i’m sory for being i myself a Nepalese guy because they are already foolish enough and never confess themselves of evil done …so [icd] out to those leaders and so-called some educated people of Nepal are brainless.

Monarchy Debated In Court, First Time in Nepal

By Kiran Chapagain on August 9th, 2005 in Eagle Eye

King’s constitutionality questioned in the court for the first time in Nepal. An analysis

The debate over the constitutionality of King Gyanendra has now reached to the court from the streets of the capital. Now lawyers have begun to question the constitutionality of the king as the chairman of the council of ministers right in the court of law.

The credit goes to Shambhu Thapa, president of Nepal Bar Association, who is nicknamed as a ” Jiundo Manchhe” (living man) for his fight for rule of law and supremacy of the constitution after the February One royal take over.

As he stood up to plead on behalf of the popular student leader Gagan Thapa, who is facing sedition charges for chanting slogans against the monarchy, in front of the bench of the Special Court Monday, he dragged the debate over the constitutionality of the king into the court for debate formally on Monday.

In fact, it is the first time a debate over the constitutionality of the king took place in the court of law. He, along with other lawyers, arugued that the king is assumed the post unrecognized by the constitution. Constitutionally, it is an elected prime minister who heads the government and the king is just a constitutiona one but after the royal take over the king is assuming the power of a prime minister and have thus become active, a direct violation of the constitution.

The lawyers said that an executive king is subject to criticism of any sort and cannot demand immunity of such criticism. Only a consitutional king deserves immunity from criticism of any sorts but when he denies to respect the constitution, he cannot demand such immunity, Thapa argued.

Thapa said the king is unconstitutional since he is assuming the post unreconginzed by the constitution.

“The king who is assuming the post unrecognized by the Constitution, should be ready to face any criticism of the people. It is natural to see slogans, protests against the king who is the head of the Council of Ministers,” Nepal Bar Association Shambhu Thapa argued before the judges hearing the case of Gagan in the Special Court.

“It is the inborn rights of the people to chant slogans against an executive king. Gagan exercised his inborn rights by chanting slogans against an executive king. If he [the king] wants no criticism against him, he should remain constitutional one and demand for respect of his immunity,” he said pleading innocence of Gagan.

Popular student leader Gagan has been in detention since July 26 on charge of sedition for chanting “objectionable slogans against the king” during a demonstration organized by civil society on July 24. The court extended his detention by five days today and ordered the authorities to reach a conclusion within the deadline whether the case would be filed against Gagan or not.

Another advocate Subash Nemwang argued in the same vein. â��His Majesty, according to the Constitution of 1990, an institution, not an executive. “The Constitution allows to chant any slogans against the king who assumes executive power of a prime minister.”

People can smear black on the face of a king who violates the constitution, Nemang said.

As Thapa and Nemwang questioned the constitutionality of the king, the sitting judges were silent and did not dare to intervene with their arguments.

The question of the constitutional status of the king in the court has now opened up another debate over monarchy in the country. Constitutionally, the king is just a constitutional monarch, not the head of council of ministers as he is now. After the February One takeover, he has denied to be constitutional and have assumed the executive post.

Any way, Thapa deserves many thanks from Nepalese people who believe in democracy for daring to question the constitutionality of the king in the court. In fact, all the people of Nepal are thankful to Thapa. We are indebted to Thapa for his courage. Thapa has formally opened up another debate in Nepal.

19 Responses to “Monarchy Debated In Court, First Time in Nepal”

1. Somu Says:
August 10th, 2005 at 12:07 am

The actions of King Gyanendra mirror the actions of his father. In a near identical royal coup in 1960, King Mahendra shut down democracy in Nepal for 30 years. Since then, Nepal has opened up through trade and tourism. The 30-year dictatorship left Nepal’s 20 million people living in one of the poorest countries in the world.

In the 1960s, it was easy for the world to abandon Nepali democracy. The world needs to send a clear message to King Gyanendra and the Army leaders that this will no longer be the case. The monarchy is the root of all problems of Nepal and the root cause of the Nepali people�s suffering and misery.

So it is time that all Nepalis join hands (forgetting their petty difference), to do away with the rotten, corrupt, immoral, bold thirsty monarchy from the soil of Nepal for good. This is the only way which can bring a bright future for all Nepalis and Nepal with Republican Democracy.
2. Paramendra Bhagat Says:
August 10th, 2005 at 12:32 am

Gagan Thapa has emerged the face of the movement.
3. Pramod Aryal Says:
August 10th, 2005 at 1:18 am

it is natural course of rule of law, when one tries to act beyond the limits and spirit of constitution he or she will be challenged in the court. the time is running short for present government. it was nice meeting and talking with Shambhu Thapa here. Good luck both Thapas.
4. nationalist Says:
August 10th, 2005 at 1:40 am

Well done Thapas

Nepal AmA needs sons like u who can really think about Nepal and Neplai people. Shambhu Thapa is absolutely right. If King wants no criticism he should be constitutional Monarch. If he is the head of council of ministers then he himself pulled into debate. There is no one in the world who is undebated as head of the council of minister like P.M. So G. Shaha is now a P.M. of nepal.
5. hari Says:
August 10th, 2005 at 12:26 pm

What a lovely t-shirt depicting the real man that is. A punk that has made the democracy movement a rally of thugs, thieves, robbers and looters. A laughable joke. Look at his face. [icd] Rioters are never respected whether they are in power or out of it. They get money from the political masters to run these mock shows so that their masters can go to power.
6. Shyam Says:
August 10th, 2005 at 2:33 pm

Yes andolan without destination may give more pain to general public in future. Who is ready to take that responsibility and who will guarantee after success of this andolan will bring peace and good future in the country?
7. sameer Says:
August 10th, 2005 at 4:08 pm

At last some individuals have the guts to publicly question the legality of the present kingship. Congrats!
8. biswash acharya Says:
August 10th, 2005 at 4:39 pm

Keep it on Gagan ,we r with u.
9. raja Says:
August 10th, 2005 at 8:01 pm

it is pot head, gang in campus, drug addicts [icd] are ruining our society.
10. A Nepali Says:
August 10th, 2005 at 10:45 pm

To har:
Please deeply think about what you are saying. If your eyes don’t open in the 21st century then there would be no chance to your siblings to put a pace further. Long live the mentality of slaves!
11. Impartial Says:
August 11th, 2005 at 1:41 am

Hari and Raja are Bhada ka Tatto,
Well done Thapas, Keep it up the debate, we are with you.
12. nepaliChhoro Says:
August 11th, 2005 at 9:14 am

Thapas have shown a great courage. Salute to them
We need to wake up from a primitive mentality of having a king in a country. The world has changed a lot and the value of king has become obsolete. What for do we need a king like Gyanendra or Paras??? Look at their backgrounds…murderer, raper, drug-addict, mafia…
So Thapas, you guys have initiated the most essential debate and keep in mind we are with you no matter what beliefs we have.
13. Revolution? Says:
August 11th, 2005 at 11:32 am

Let’s be careful with our eulogy for Gagan and his actions…and not jump the gun and start worshiping him like he is a saviour! Although, it certainly looks like Gagane’s time to shine. If nothing else he is on a sure track to become a PM in the future. We all know the best way to build your credentials is to go to jail as many times as possible!…it does not matter how you do it, all that matters is that you go to jail PERIOD!, and if you can do it in the name of the people, that is even better. So Gagane…go for it and “burn” this country to the ground, maobadhi alone is not enough to do that!…ashes to ashes and dust to dust. Then we all will have a genesis…on the blood and tears of millions!

Who are we fighting and what are we fighting for? Whose revolution are we talking about? Maybe the millions that will die in the process will never know!
14. Mr nepal lover Says:
August 11th, 2005 at 2:40 pm

Mr thapa we will help you don warry you nomber one lider i nepal for nepali . I don belive any other leader fo nepal and i hope you will coming
soon nepal pirminister and all the nepali get the democreacy . i hope you will coming soon out of cort then come again aandolan and teach the all the big leader what is the aandolan what is the leader how to coming parjatantra sabaee tapae le sikaunu paryo neta haru laee aani raja laee pani hami sabaee tapaee ko satha ma chhau . tapaae le bhaneko sundaa ta aahile naee desh laee tapaee ko saraee khacho chha. tara ke garane
tapaeelaee naee kin thunchha thyo mon parena .gagan ji tara tapaee le arko autta kam garnu paryo deupa ji laaee chhitto nikalnu paryo la ta gagan ji malaee aasha cha chhittaee yo kam hunchha bhanera .

jaya nepal.
15. Smriti Says:
August 12th, 2005 at 3:45 am

Revolution,

I would think it ought to be painfully apparent who we are fighting for—-the People of Nepal and the country have suffered long and hard under this regime of crooks, thugs and opportunists—the fight that is being waged is NOT for the benefit of any one party or indeed for the various parties as a whole. It is for the sake of going back to the point in time where people in Nepal did not have to fear being woken up at night and draged from their homes. We already have the dubious distinction of having the largest number of “dissappeared’s” in the worls—the blood and sacrifice that you seem so sure will follow will indeed happen—but it will happen becuase the King and his bunch of croonies only know the language of violence. If you are under the mistaken notion that the King cares about the people ( “my people” as he claims)—-wake up!

Granted, the dreams and hopes of the entire country when we had democracy in 1990 were shot to hell thanks to the personal degradation of our so-called leaders—but let’s face it—the current regime is plunging the country into een deeper morass and the sooner the King, his family and his bunch of croonies give in to the inevitable, the beter off we all will be.
16. GANATRANTA Says:
August 12th, 2005 at 1:12 pm

THE KING SHOULD BE CHALLENGED & TULSI GIRI [icd]
17. united for nepal Says:
August 15th, 2005 at 9:37 pm

You have to be a punk your-self to support ‘the man’ in the picture wearing a t-shirt like that…. and he calls himself a ‘leader’.
18. Truth Says:
September 21st, 2005 at 1:47 pm

What about Girija and Sujata about Dhamija case. Just give them the medal for their good deeds. Where was Sambhu Thapa, when Girija was challenging the supreme court?

Sambhu Thapa and the lawyers were quiet because they are the political activist and obey the supremo. But when Tulsi Giri said something about the supreme court he and his gang filed the case.

What jugdment do people will expect from this Bar..
19. Truth Says:
September 21st, 2005 at 1:48 pm

Equal or one sided…

Constitution Amended?

By Kiran Chapagain on July 29th, 2005 in Eagle Eye

In yet another setback to the Nepal’s Constitution, the king has “amended” the constitution through a decree early Friday morning. The state-owned Radio Nepal in its 7 am news bulletin said that the king has, in accordance with the Article 127 of the Constitution, granted authority of a stitting prime minister to the chief justice. According to the amendement, the chief justice can now chair and call the meeting of the Constitutional Council (CC).

If the Article 117 of the Constitution of Nepal 1990 is to be abided by, it is a sitting Prime minister who heads and calls the meeting of the CC. Now the authority of a sitting prime minister has been delegated to a chief justice, meaning amendment in the constitution through a royal executive decree.

Article 117 reads thus :

117. Constitutional Council:
(1) There shall be a Constitutional Council, for making recommendations in accordance with this Constitution for appointment of officials to Constitutional Bodies, which shall consist of the following as Chairman and members:
(a) the Prime Minister Chairman;
(b) the Chief Justice Member;
(c) the Speaker of the House of Representatives Member;
(d) the Chairman of the National Assembly Member; and
(e) the Leader of the Opposition
in the House of Representatives Member.

(2) For the purpose of recommendation of an appointment of the Chief Justice, the Constitutional Council shall include among its members the Minister of Justice and a Judge of the Supreme Court.

(3) The functions, duties and powers of the Constitutional Council shall be as determined by this Constitution and other laws.

(4) The Constitutional Council constituted pursuant to clause (1) shall have the power to regulate its working procedures on its own.

The �amendment� in the Constitution was done to appoint a new chief justice of Nepal. The royal government of �corrupts, bank defaulters and convicted criminal� was in crisis over appointing new chief justice as there was no sitting Prime Minister to chair and call the CC meeting. CC�s recommendation is necessary for the king to appoint a new chief justice. If the Constitution is to be abided by (Article 87, 4), the king had no option than to designate an acting chief justice at the when there was no sitting prime minister to call and head cc meeting to recommend the name of the next chief justice. The post of chief justice went vacant today. The Article 87 reads:

87. Appointment, Qualifications and conditions of Service of Judges of the Supreme Court:

(1) His Majesty shall appoint the Chief Justice of Nepal on the recommendation of the Constitutional Council, and other Judges of the Supreme Court on the recommendation of the Judicial Council. The tenure of office of the Chief Justice shall be seven years from the date of appointment.

(2) the Supreme Court for at least five years is eligible for appointment as Chief Justice.

(3) Any person who has worked as a Judge of an Appellate Court or in any equivalent post of the Judicial Service for at least ten years, or has practised law for at least fifteen years as a law graduate advocate or senior advocate, or who is a distinguished jurist who has worked for at least fifteen years in the judicial or legal field is eligible for appointment as a Judge of the Supreme Court.

Explanation: For the purpose of this clause, services rendered prior to the commencement of this Constitution as a Judge of a Regional Court or Zonal Court shall be deemed as service rendered in an Appellate Court.

(4) If the office of the Chief Justice becomes vacant, or the Chief Justice is unable to carry out the duties of his office due to illness or any other reason, or he cannot be present in office due to a leave of absence or his being outside of Nepal, His Majesty may designate the seniormost Judge to act as the Acting-Chief Justice.
-Source.

Speaker Tara Nath Ranabhat, who is also a CC member, had last week told me in an interview that the Article 127 cannot be invoked to appoint chief justice as there is clear provision of designating chief justice when the post lies vacant (Article 87).

Does it mean that Nepal�s constitution cannot be amended? No it can be amended as provisioned in the Article 116:
PART 19

AMENDMENT OF THE CONSTITUTION

116. Amendment of the Constitution:
(1) A bill to amend or repeal any Article of this Constitution, without prejudicing the spirit of the Preamble of this Constitution, may be introduced in either House of Parliament:
Provided that this Article shall not be subject to amendment.

(2) If each House, with a two-thirds majority of its total membership attending, passes a Bill introduced pursuant to clause (1) by a majority of at least two-thirds of the members present, the Bill shall be submitted to His Majesty for assent; and His Majesty may, within thirty days from the date of submission, either grant assent to such Bill or send the Bill back for reconsideration with His message to the House where the Bill originated.

(3) A Bill sent back by His Majesty pursuant to clause (2) above shall be reconsidered by both Houses of Parliament; and if both the Houses, upon following the procedures referred to in clause (2), resubmit the Bill in its original an amended form to His Majesty for assent, His Majesty shall grant assent to such Bill within thirty days of such submission.

What lawyers� have to comment on the �amendment� then? Supreme Court advocate Indra Lohani has to say this, �The Constitution is gone now. It is amended.�

11 Responses to “Constitution Amended?”

1. Raj Says:
July 29th, 2005 at 9:53 pm

Is there any alive constitution exist in nepal? It’s dead body, so stinks!
2. season Says:
July 29th, 2005 at 9:56 pm

How can the Constitution remained unamended when the democratically elected Prime Minister dissolves the House and does not conduct election for more than 6 months? That is the reason there is no chairman of the upper house, no leader of the oppostion. The blame should definitely go to the parties and of course to Mr. Sher Bahadur Deuba.

In fact the King has corrected the void by asking the chief justice to chair the constitutional council which appointed another chief justice today. And, Mr. Dinesh Wagle, you are not supposed to interpret the constitution, it is the chief justice and indeed the supreme court which should be doing it. If Keshav Prasad Upadhaya thinks it is fine who are you and who am I to comment????

UWB: Blogger Kiran Chapagain wrote this blog, not Dinesh Wagle as this commentator thinks. We would like to say that constitution is not the bapauti of anyone. It’s the property of sovereign Nepali people and they have right to comment over its misuse.
3. anon Says:
July 29th, 2005 at 11:10 pm

If anybody thinks that single most corrupt person in the country can order to amend the constitution then they belong to ancient age. Even Roman emperors lived under some law and here are KG and his supporters – ke ko avatar. KG has no business filling any void. That’s not his job. The biggest void that needs to be filled is for KG and all of butt lickers.
4. King Kong Says:
July 29th, 2005 at 11:18 pm

How to amend a dead thing?

In a democracy everybody can discuss freely about the constitution.

But the whole thing really looks like a few old men dancing around a dead body.

The last constitution had fatal mistakes, which are obvious now. Rubber paragraphs(127) must be scrapped and the king has to be defined precisely to a ceremonial role.

If he wants to save Nepal, he has to give up the crown, become a politician and truely work for all Nepali.

King Kong says: Only courage can change the situation!
5. 1whocandie4u Says:
July 30th, 2005 at 12:30 pm

There is no necessity of making much hue and cry regarding the appointment of CJ. It is the appropriate method adopted in the given situation and it is perfectly valid and appropriate result has come out. In fact, Article 127 should be used to remove the constitutional deadlock and not tyo create it.

Constitutional Monarch does not have right to dismiss elected government under Article 127 because it does not put full stop to the constitutional crisis rather(we can see) it has created such problems but appointment of CJ without disrupting the adopted norms comes within the ambit of Article 127.

So far as the liveliness of Our constitution, it is a debatable question, You can see my paper on constitutional crisis in Nepal , which I will release after some months, and going to be Presented in New Delhi in Edict Conference……………..
6. D.MICHAEL VAN DE VEER Says:
July 30th, 2005 at 3:09 pm

“AMENDED” ??????????????? After the “Coup” that brought the present Criminal/Mafia/Royal Regime to power………. THE CONSTUTION WAS “AMENDED” ON FEB.-1.
7. Bogman Says:
July 30th, 2005 at 6:02 pm

The funny thing really is that Gyanendra bothers with these farcical half-legal half-constitutional charades at all. Who does he think he’s fooling?
8. 1whocandie4u Says:
July 30th, 2005 at 7:41 pm

I think in what way the CJ has been appointed is a best practice given the situation in Nepal. We know that there is a constitutional Crisis in Nepal and there can not be Constitutional Council because there is no PM to chair it……….Now, there could be three options:

1. To call the meeting of CC under the chairmanship of King-This would not be best practice because King is king and not PM. If we have to follow his words, he is chairman of present council of Ministers and not PM. If there was his chairmanship in CC, there would be fear and apprehension of intervention in (in)dependent judiciary—- though We do not know how independent it is after the political speech of the then CJ H.P Sharma.

2. The second option could be chaimanship under Speaker.But, under the protocol, CJ is above the Speaker. So, the membership of CJ under Speaker’s chair would be like a “chinashop in the bulls’ gathering” coz another member also would be junior to CJ.

3. Third option would be chairmanship of anybody like T. Giri or that of K. N. Bista or Pawan Kumar Ojha(attorney General) or even chairmanship of Dinesh Wagle or of Kiran Chapagain or even of me, if king had authorised under Art. 127. I think this would be least perceivable and justifiable and…

We have to say that what King did in this situation is the best possible way to remove hardships and difficulty
9. anonymous Says:
July 30th, 2005 at 9:51 pm

the active monarch: why should KG govern acc to any constitution when he is above it, he is god. The people have to serve him, obey, slavery was just recently partly abolished.
10. Ghanendra Says:
August 1st, 2005 at 4:18 pm

why are we talking about amendment ? Any sensible people knows that constitution was already dead on Feb 1. what gyanendra is doing here is to placing some chemicals to decompose it faster. Trust me, I am more afraid of paras than gyanendra. let us do something now before it is too late.
11. kanta Says:
August 8th, 2005 at 1:51 pm

season, timilai pani season le chhoyoki kya ho?

I Am Not Safe In Jail: Gagan Thapa

By Kiran Chapagain on July 28th, 2005 in Eagle Eye

Gagan Thapa, Nepal’s top student leader, feels insecure in the jail. Plus, he WILL fight for the presidency of Nepal Student’s Union from inside the jail.

On Wednesday morning while cooking food, I had long a long discussion with my brother about the upcoming general convention of Nepal Students’ Union, the student wing of Nepali Congress Party, and possible victory of Gagan Kumar Thapa as the president of the student wing. We also discussed that the government, especially the palace, could do its best to prevent Gangan’s victory as his victory means massive student movement across the country against the present autocratic government. Our belief is that he is the only student leader who could drive a student movement across the country against the present autocratic government.

Coincidentally, Gagan was arrested on the same day when we talked about possible moves of the state to prevent Gagan�s victory in the upcoming general convention. He has been now arrested on charge of sedition during a rally organized by civil society on Monday.

It is not the first time Gagan was arrested on the same charge. In 2003, he was arrested on charge of sedition, which raised his popularity. In fact, Gagan is the only student leader who can mobilize the students to protests against the present autocratic government of convicted criminals, corrupts and bank defaulters.

On Monday, I had met Gagan in the rally. As I was reporting, he was passing to Jamal on bike but stopped the bike at Ratnapark. He stopped for a while and asked his friend to go away dropping there. We greeted each other. He then said to me, �Kiranji, rally ma chhirnu paryo (Kiran, I am joining the agitation).� I followed him. I did not see him entering the restricted area during the rally as accused by the authorities. I was with him throughout the rally. With the charges against him known to me, I concluded that the government is conspiring against the most popular student leader of the country.

As a friend, I met him at Hanumandhoka Police Office where he has been detained with permission from a court. He talked to me from inside the detention cell for five minutes. I found him bolder, more determined and confident. The police did not allowed him to come out from the cell; and we talked from a distance. The police tried not to allow him to talk to me but he raised his finger and warned: �Hey, is this the way to treat a student leader!�

During the talk, he expressed concern over his security in the detention at Hanumandhoka Police Office.

�I have been kept together with pickpockets, drug addicts and other criminals. I am insecure living with them,� the popular and influential student leader said from behind the bar. He has urged national and international human rights organizations to ensure his security in the detention.

He said that the authorities are not treating him as per the international humanitarian laws. Besides, he has to share an unventilated and small room with nine inmates.

�I am not the person to be treated by the authorities in this way. I have already demanded the authorities to treat me as per the national and international humanitarian laws but they have not listened to me,� he said.

�I have been kept together with pickpockets, drug addicts and other criminals. I am insecure living with them,� the popular and influential student leader said from behind the bar. He has urged national and international human rights organizations to ensure his security in the detention.

When asked about his arrest, Thapa said that the state has been “strategically plotting against me to prevent me from taking part in the upcoming general convention of Nepal Studentsâ�� Union. Thapa also announced that he is going to contest for the post of president of the student wing.

�The state arrested me sensing my victory in the convention which means a great threat to the autocratic regime,� the charismatic student leader said.

He has also charged the police of not allowing him to give his arrest warrant to his lawyers. �Even I have not been allowed to meet my family members and well-wishers easily,� he said.

He also announced that he is contested in the election during the general convention for the post of presidency from jail. He was commanding his friends and student leaders to �burn the country� with protests and topple this autocratic government of convicted criminals, corrupts and bank defaulters.

He was confident of the complete democracy and republic setup to come in Nepal as demanded by students.

Finally, I was ordered not to talk more with Gagan and the guard ordered Gagan to go inside. I finally said, “Aall the best Gagan. The world is with you.” I told him that the students were taking your arrest to the street and the longer the government keeps you in the jail, the faster Nepali will turn into a republic state.

All the best Gagan, future leader of Nepal.

15 Responses to “I Am Not Safe In Jail: Gagan Thapa”

1. chinta Says:
July 28th, 2005 at 11:39 pm

I am sure some of the government vigilantes are with Gagan, dressed up as pickpocketers etc. They will definitely try to threaten him, beat him, and the government can always blame all the accidents to ‘other inmates’.

Hope he will be safe.
2. nepalikochoro Says:
July 29th, 2005 at 12:49 am

First of all, thankyou Kiran jee for bringing about this blog. Atleast we now know where and how Gagan is being restrained.
==
“He was commanding his friends and student leaders to â��burn the countryâ�� with protests and topple this autocratic government of convicted criminals, corrupts and bank defaulters.”
==
I believe that words like the above will cause a lot of unrest in the country. As you very well know, the words “burn the country” WILL be taken literally by a considerable amount of students who are just angry, outraged, and not thinking rationally after the arrest of their leader. And there will be other factions in the society (possibly government vigilantes) who will take advantage of the situation, this has been done in the past. I think and sincerely hope that Mr. Thapa didn’t mean those words literally, but you should have also refrained from bringing them out in public. There might be serious implications to those very words. The pictures in nepalnews speak more than words right now. Don’t get me wrong here, I’m not saying that your bringing gagan’s voice out to the public has caused the ‘masal julus’ and other violent activities.

I would like to quote Dr. Martin Luther King here, “The end is preexistent in the means, and ultimately destructive means cannot bring about constructive ends.” I hope this feeling is persistent in us as well, because our future is decided by this. And I certainly hope this makes sense to fellow students out there on the streets who are protesting; let us protest the arrest of OUR leader, let us protest against the autocratic government, let us get democracy functioning in our country, BUT let us not do it by using violent means, let us not burn down those government buildings that we WILL be using when we get our democracy back, let us not burn down the cars that our civil service men and women will be riding after democracy is restored.

It is very immoral and indecent to have Gagan Thapa locked in a cell with 9 criminals, when he hasn’t been proven guilty at all. I hope him all the best in the elections to come; and most of all hope that he comes out of this safe, and even more eager to bring back a people’s government.
3. republican Says:
July 29th, 2005 at 3:47 am

Gyanendra is counting his days, as he keeps Gagan inside. Republic of Nepal is not far. It is true that KG is scared of Gagan’s NSU candidacy. May God bless Gagan for his safe and sound stay.
4. Raj Says:
July 29th, 2005 at 3:50 am

It is true that KG is scared of Gagan’s candidacy for the president of the NSU. No doubt. Meanwhile, KG must be counting his days. May God bless Gagan for his safe and sound stay.
5. Roshan Says:
July 29th, 2005 at 8:06 am

WE can’t understand our King..what does he want? Is he thiking that Nepal is peaceful after his 19 Magh Action? Yes! Palace area is peace to live him.

Doing such nonsense things..arresting YUVA Leader, is he thinking to bring “1 DALIYA Sasan”? if he wants it is ok within Palace area hahahahaha….but it is not acceptible to the country and nation Nepal.

So, KING sud immediatly release such Leader who are popular amongs youth and student otherwise it will harmful for you (KING).
6. NepaliBoy Says:
July 29th, 2005 at 8:43 am

Good post, Mr Chapagain.
7. sisyphua sharma Says:
July 29th, 2005 at 10:11 am

gagan will be our future leader ! oh god , save this nation!
8. Maya Says:
July 29th, 2005 at 1:37 pm

Hi, blogers, have heart to protest by all possible guts and pride againts this Basterds of “Panchayati Ghost” , here i would suggest to blogers that if you are not protesting into the street why don’t you protest CYBER WAY just send in your protest note to this unconstitutional government email address. Let’s say “UNITED WE PROTEST CYBER WAY” “Release All the ASTHA KO Bandi” in this address
homehmg@wlink.com.np———-Ministry of Home affairs
info@pmo.gov.np——-Office of Prime Minister And Council of Minister
info@supremecourt.gov.np—————Supreme court of Nepal
9. RABI Says:
July 29th, 2005 at 4:57 pm

CONGRATULATION GAGAN! HOWEVER YOU ARE IN JAIL,YOUR WELLWISHERS AND SUPPORTERS ARE IN THE STREET.YOU ARE ONE BRIGHT RAY OF HOPE.THE COUNRY AXPECTING EVERYTHING FROM YOU.I’M OPTIMISTIC THAT YOU WON’T DESTROY COUNTRY’S HOPE.
10. samsung Says:
July 29th, 2005 at 10:00 pm

Excuse me. Who is this fellow Gagan? A thief, a pickpocket, a barber, a cobbler, Who??????????
11. binod from UK Says:
July 29th, 2005 at 11:42 pm

GAGAN, doubtlessly the most prominent future aspect of Nepalese politics, will never be effected from any sort of detention by people like Shahi, Bista and looter Giri. They r counting their days. Hey, all the youths be ready for DEMOCRATIC REPUBLIC OF NEPAL.
12. King Kong Says:
July 29th, 2005 at 11:55 pm

Don’t look for heroes…

…and leaders too fastly, this is old thinking. All must learn to lead together in teams and groups.

Looking for fresh charismatic leaders and blindly following their strong ‘Ego’ will just bring more sadness and frustration upon Nepal.

My suggestion in the current fluid situation, take care that women are present. Include women in every decision making process from the very beginning of the real movement.

The current rioting and use of force by both sides are not the real thing. Still a social ‘Tsunami’ will roll over Nepal to bring about the needed social adjustment and change.

For the needed nonviolent revolution, let the mothers, sisters, wives and daughters take the lead. Men can live all their life in fight anywhere, but women truely want and need lasting peace.

May further bloodshed be avoided! Women of Nepal, take up responsibility now!

King Kong says: Women of Nepal, save your boys from collective suicide on the battlefield !
13. nepali Says:
July 30th, 2005 at 1:10 am

I have nothing against Gagan but is not it too early to claim that he is the saviourDoes the fact that he is the prime target of the present government make him the saviour of our nation?

As he feels threatened in the cell where he is right now, I wish Gagan also realize that we feel threatened to go to work when his colleagues are pelting stones and burning tyres all over the place. We are threatened that we cannot earn enough to meet our needs.We are worried that our vehicles will be burnt and our windows broken for nothing.

Is Gagan all rhetoric or substance too only time will tell.
14. D.MICHAEL VAN DE VEER-mike4radio@yahoo.com Says:
July 30th, 2005 at 4:17 am

Every Nepali outside the Palace Fence is in “JAIL”, and “NOT SAFE”.
Only when the Palace Fence is seen for what it is, and the criminals and Mafia are made to leave and not hide behind it, will the Nepali Peoples begain to … NOT BE IN JAIL & BE SAFE.
15. SAUHADRA Says:
August 1st, 2005 at 8:56 am

GAGAN IS GOING TO BE A LEADER WHEN OUR GREAT NATION BECOMES ANOTHER IRAN WITH BLACK BURKA CLAD WOMEN ROAM AROUND STREETS OF KATHMANDU. GAGAN IS THE LEADER OF TOMORROW-WHEN NEPAL WILL BE ANOTHER AFGHANISTAN WHEN WAR-MONGERS KILL INNOCENT CHILDREN AND WOMEN AND HAND OVER RIFLES INSTEAD OF COMPUTERS AND PENCILS. GAGAN IS OUR FUTURE IF NEPAL BECOMES A REPUBLIC. SURELY. WE WILL ALL BE HIS FOLLOWERS TO THE GRAVE OF ALL OF US AND OUR PROUD COUNTRY.