NEPAL HAS NEW CRICKET COACH

SAMUEL TAMRAT CONCLUDES NEPAL VISIT WEDNESDAY

Kathmandu, 24 Aug.: Samuel Tamrat, special emissary of UN Secretary-General Ban Ki-Moon, concludes his five day Nepal visit Wednesday.
He’ll report to the security council after his extensive consultations with Nepali players on the delayed peace process and constitution drafting.
The UN has been keeping a close watch on developments even as UNMIN, political arm of UN in Nepal, withdrew15 January after a failed four-year mission.
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SRI LANKA’S PUBUDU DASANAYAKE NEPAL’S NEW CRICKET COACH

Kathmandu, 24 Aug: Former Sri Lankan Test cricketer Pubudu Dasanayake was short listed by the executive committee of Cricket Association of Nepal (CAN) as national coach of Nepal’s cricket team.
Aftab Habib, is the second choice, said CAN General Secretary Tanka Pareru.
Habib is an Englishman of Pakistani descent.
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HEARINGS ON LEGALITY OF CA TENURE EXTENSION CONTINUES IN SC

Kathmandu, 24 Aug.: The much-expected hearings on a writ petition concerning Constituent Assembly (CA) term extension began on Monday at the Supreme Court (SC). A five-member special bench led by Chief Justice Khil Raj Regmi and shared by senior justices Damodar Prasad Sharma, Top Bahadur Magar, Ram Kumar Prasad Shah and Kalyan Shrestha, began detailed hearings on the issue, Bimal Gautam writes in Republica.

Pleading before the bench, Attorney General Dr Yubaraj Sangraula argued that the apex court before arriving at a verdict should be aware whether its decision impedes legislative rights.

"The SC shouldn´t cross its parameters as the issue of CA term extension is purely a political one," he said, adding, "The SC decision should facilitate in removing obstacles that have surfaced in the course of drafting new constitution rather then deepening the rifts between the legislative and the court itself."

He also opined that the SC should come up with a verdict thereby ensuring and respecting the rights of other institutions.

"I don´t mean that the SC´s jurisdiction should be curtailed," he said, adding, "However, the apex court must be sensitive in ensuring others´ rights,"

Dr Sangraula raised mainly two issues while pleading before the bench. According to him, the two key questions --first, whether the apex court enjoys or doesn´t enjoy the right of judicial review over the legislative measures. And, second, whether the SC can declare null and void the CA´s decision to amend Article 64 before extending the CA´s term for one year and three months.

According to Dr Sangraula, the SC cannot deliver two different decisions at the same issue. "If the SC acquiesces the amendment to the Interim Constitution and subsequent extension of the CA´s term by one year and three months, then the court has to accept CA´s decision to extend its term in future as well," he added, "If SC says that CA erred in amending Interim Constitution and subsequently extending its term for one year and three months in the past, we have understand the situation to mean that the CA does not in fact exist at present."

Attorney General Dr Sangraula is pleading in detail on the issue on Tuesday.

Following an SC order, the Nepal Bar Association has appointed three advocates -- Badri Bahadur Karki, Hari Krishna Karki and Mukti Pradhan -- as part of amicus curie to assist the apex court in the case.

Only three months back, a five-member Supreme Court led by Chief Justice Regmi had ruled that the original term of the CA is for two years and could be extended for a maximum of six months only under conditions of emergency, or under the doctrine of necessity.

Writ petitioners lawyer Bal Krishna Neupane and Bharat Jangam had filed the writ petition after CA extended its term for three months even after SC verdict. They have been arguing that there is no existence of CA following SC verdict issued three months ago. Constitutional experts Bhimarjun Acharya and Chandrakanta Gywali have been pleading on behalf of writ petitioners while government has appointed senior advocate Bishwakanta Mainali to plead in the case.

"The two years of fix mandate of the CA enshrined in the Interim Constitution with the ratification of people cannot be extended under any pretext," said Dr Acharya, adding, "The SC should come up with a decision taking this provision into account."

The Office of the Attorney General has formed a nine-member panel to defend the government on the matter. The Supreme Court Bar Association has selected lawyers Purnaman Shakya and Tikaram Bhattari as amicus curie to plead in the case.

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PREPARATIONS AFOOT FOR TRADE TALKS WITH INDIA, USA

Kathmandu, 24 Aug.: The government has initiated preparation for trade talks with the country´s two crucial trade partners - Nepal and the US, Republica reports.

“We´ve begun formulating agendas, incorporating pertinent issues for the upcoming bi-lateral talks, and reviewing progress made since the earlier talks with both the countries,” said Toya Narayan Gyawali, joint secretary at the Ministry of Commerce and Supplies (MoCS).

Gyawali said talks on the Trade and Investment Frame Work Agreement (TIFA) with the US has been tentatively scheduled for December, whereas the date for Inter-governmental Committee (IGC) meeting with India is still to be fixed.

Though the meeting of Nepal-US Council on Trade and Investment (NUSCTI) under TIFA was originally scheduled to be held in November, it has been postponed to December due to busy schedule of US trade negotiators. The meeting was last held on April 15 in Washington DC.

TIFA - the forum to discuss and resolve trade and investment issues -- also serves as political and legal commitment to enhance bilateral trade and investment, paving the way for full-fledged bi-lateral free trade and investment agreement.

Deputy Prime Minister and the Minister for Commerce and Supplies Bharat Mohan Adhikari and US trade representative Ron Kirk had signed the TIFA.

Gyawali said the agenda for upcoming NUSTI meeting will largely focus on seeking duty free access for Nepali readymade garment (RMG) in US and luring US investment in Nepal.

The government has already registered a petition at the US Congress for Generalized System of Preference (GSP) for nine Nepali products, including RMG, in the US market.

Nepal RMG industry has been facing a touch time after the US ended duty-free-quota-free access from December 2004.

Similarly, officials at the MoCS are also busy preparing draft agenda for IGC -- the secretary level meeting -- to be held in New Delhi in the near future. A source at the MoCS said Nepal will request the southern neighbor to scrap the recently introduced additional lock system on containers ferrying third country imports via Kolkata port, accreditation of quality standard from Nepali lab, simplification of customs and quarantine test on Nepali goods.

India on the other hand will push for Bilateral Investment Protection Agreement (BIPA) along with preferential treatment for Indian goods as compared to third country imports.

“We are organizing Public Private Dialogue (PPD) on September 12 and 13 to collect suggestions of the private sector for trade negotiations with India and China. Outcomes of the two-day meeting will be crucial for setting agenda for upcoming bilateral talks with both the countries,” added Gyawali.

The meeting is also expected to identify the ways to bring down the country´s widening trade deficit with India and China. Nepal suffered trade deficit of Rs 195.30 billion and Rs 37.67 billion with India and China respectively during the first eleven months of 2010/11.
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