Nepal Today

Wednesday, May 25, 2011

TWO KILLED 11 INJURED IN BUS PLUNGE

TWO DEAD, 11 INJURED IN BUS PLUNGE

Kathmandu, 26 May: A driver and an infant died when a bus plunged into Marshyangdhi river Thursday and a search and rescue effort has been launched.
The bus was heading for the capital from Lamjung.
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STRIKES DISRUPT NORMAL LIFE IN THE EAST AND FAR-WEST

Kathmandu, 26 May: Continuing strikes ahead of 28 May disrupted normal life in the East and far-West although life was normal in the Valley Thursday.
Federal Limbuwan Rajya Parishad closed down nine districts east of Arun river demanding
Eight Hindu organizations shut down hill and terai districts in the far-West for the second consecutive day demanding restoration of a Hindu state, ban on cow slaughter and conversion.
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EU ENVOYS CONSULT PRACHANDA

Kathmandu, 26 May: After similar consultations with main opposition NC President Sushil Koirala, chiefs of diplomatic main missions of EU member states held consultations with Maoist Chairman Prachanda Thursday morning.
Seven heads of diplomatic missions of seven EU countries held collective consultations with Koirala ahead of 28 May
The EU has prioritized extension of the constituent assembly to draft a constitution and complete the peace process.
Five EU member states are funding a peace fund that doles out money to19,000 plus Maoist former combatants at 28 cantonments and satellite camps.
Prime Minister Jhalanath Khanal has cancelled all meetings with ambassadors as he attempts to resolve deadlock in discussions with political party leaders.
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RPP-NEPAL CONTINUING PROTESTS

Kathmandu, 26 May: RPP-Nepal is holding a public meeting and will march to Naya Baneshwor corner again Thursday to press demands for the dissolution of the constituent assembly and fresh assembly elections
The party is mounting pressure on the government to dissolve the assembly which, it says, has lost its relevance
The party is demanding a referendum on Hindu monarchal state and a federal state structure which it opposes.
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EDUCATION INSTITUTIONS DECLARED PEACE ZONES

Kathmandu, 26 May: All educational institutions from universities to schools were declared peace zones by the cabinet Wednesday,.
Education Minister and government spokesman Gangalal Tulahdhar said after the meeting.
All buses of educational institutions will have a uniform colour to be decided later, he said.



SC CEILING MAY HELP BREAK NEW GROUND

Kathmandu, 26 May: Today’s [Wednesday’s] Supreme Court ruling could put enough pressure on the Constituent Assembly to produce a constitution within the next six months, The Himalayan Times reports.

In a landmark ruling, the SC made it clear that the political parties and CA members have violated the spirit of the Interim Constitution, as well as the will and directive of the sovereign people expressed through voting by extending the CA term. Although the court said the original term of the CA is two years and it can only be extended for six months under conditions of emergency, it hasn’t outright put an end to the CA term.

The SC makes it clear the best option still is to show “special dynamism” in fulfiling the people’s wishes, as well as the spirit of the Interim Constitution, by completing the task to draft constitution.

There are now only limited options for the political parties. The best option, according to the SC verdict, is to finalise the draft of the new constitution in three days, as the alternative of using Article 64 (condition of emergency) is out of the question.

“The Supreme Court decision has made a harsh landing,” constitutional expert Bipin Adhikary said. “It will be unconstitutional and unethical to impose an emergency situation when there is no such a condition in the nation,” he said adding that the only legitimate way left for the parties is to finalise the draft of the constitution within the next three days.”The second option is to extend the CA term by six months. The court has indirectly pointed a way out in the form of ‘doctrine of necessity’, whereby the CA term can be extended for up to six months. “The CA can be extended not exceeding six months either by imposing emergency or by establishing doctrine of necessity at the Parliament,” said NC CA member and lawyer Radhe Shyam Adhikari.

A question many people have been asking is whether the CA will be able to write a constitution in one year, let alone six months, in the absence of any basis to guarantee that. The SC ruling might have provided that basis because even if the CA is extended for six months, it is likely to be the last legitimate extension. Experts believe that it will be extremely difficult for the SC to approve another extension if it comes under judicial review.

In its earlier ruling, the SC had said the CA could exist as long as needed to write a constitution. The flexibility regarding the CA’s term had allowed political parties to put the task of drafting the constitution on the backburner. Last year, the CA met for less than 100 minutes.

“The top leaders must take the verdict seriously,” said UML CA member and lawyer Agni Kharel adding that the CA’s job should be carried out keeping in mind the restrictive clause of Article 64. However, the focus on government formation and integration and rehabilitation of combatants has put CA term at risk. The NC has been maintaining that it would be meaningless to extend the CA’s term as long as the UCPN-M owns arms and combatants.
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