BAIDYA CHARGES PRACHANDA FOR TAKING PARTY AND COUNTRY ON RIGHTIST PATH

MOHAN BAIDYA CHARGES PRACHANDA FOR TAKING PARTY ON RIGHTIST PATH

Kathmandu, 27 Dec.: Maoist First Vice-chairman
Mohan Baidya presents counter political at the repeated postponed central committee of UCPN Maoist Tuesday threatening to launch protests on the parliament and street for a people’s revolt.
Baidya is dissatisfied with a 10-point report of Chairman Prachanda charging him for taking the party on a rightist path by abandoning revolution.
The party is leading the government.
The meeting was adjourned
until Wednesday when discussions will begin.
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Rs 450M MORE NEEDED TO COMPLETE ROAD WIDENING

Kathamandu, 27 Dec.: Ongoing drive to expand a dozen roads in the capital, after clearing the encroachments, has added an additional liability of Rs 450 million to the government, Prabhakar Ghimere writes in Republica.

The campaign has been initiated jointly by the Ministry of Physical Planning and Works (MoPPW), Town Development Committee, Kathmandu Metropolitan City (KMC), and the traffic police.

"As per our preliminary estimate, we need additional Rs 450 million to black-top the roads that are widened after demolition of illegal structures. So, we have apprised the Prime Minister today (Monday) of the shortage of fund that we are going to face," Tulasi Prasad Sitaula, secretary at the MoPPW, told Republica.

At a meeting with Prime Minister Dr Baburam Bhattarai, Minister for Physical Planning and Works (MoPPW) Hridayesh Tripathi and secretary Sitaula made an appraisal of the ongoing works and asked for the required fund through the Ministry of Finance (MoF).

"We have only Rs 50 million allocated in the current budget for regular expansion of roads in the Kathmandu valley. We asked for addition Rs 450 million to undertake black-topping of the expanded roads," Sitaula added.

As per the MoPPW estimate, Rs 270 million is required for black-topping the expanded sides of 3-km Maitighar-Tinkune section, Rs 80 million for 3-km Sital Niwas to Dilli Bazar section of Thirbam Road, Rs 60 million for 3-km Kupandole (Kandevta temple)-Sanepa road and Rs 40 million for other roads in Kathmandu and Lalitpur. Nine roads in Kathmandu and three roads in Lalitpur are to be widened under the current campaign.

At the meeting, PM Bhattarai appreciated the joint-effort to expand the existing traffic bottlenecks in the valley and directed the MoPPW to upgrade the roads keeping in view the upcoming SAARC summit in Nepal. "We are going to not only expand the roads but also upgrade them to match with the standards required for the upcoming 18th SAARC summit in our country," he said.

Experts have been pointing out growing encroachment of roads as the major reason for worsening traffic situation in the valley. However, several attempts failed in the past to widen the road by dismantling illegally-built structures due to pressure from influential people.

The expansion of roads was initiated to match the standard set by Town Development Committee in which the width of roads has been fixed between 8 meter and 61 meter, depending on the grade that the road belongs to.
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SPEAKER SEEKS REVIEW ON THREE GROUNDS
Kathmandu, 27 Dec.: Parliament and the government on Monday moved the Supreme Court (SC) with separate petitions seeking review of the SC’s November 26 verdict that ruled that the Constituent Assembly (CA) term would automatically expire in six months following its last extension on November 31, Thira L. Bhusal writes in Republica..

But the apex court did not register the petitions, citing time constraints. “We couldn’t register the review petitions today (Monday) due to time constraints for studying national and international precedents and constitutional, judicial and legal practices,” said SC Joint-Registrar Nahakul Subedi.

The parliament secretariat and the Office of the Prime Minister and Council of Ministers (OPMCM) on behalf of the government, registered separate petitions at the Office of the Attorney General (OAG) on Monday, and the OAG promptly reached the SC to register the petitions.

Sources at the SC said the court may register the petitions on Tuesday.

Three grounds

In its petition, parliament has given three grounds on which it has sought a review, terming the apex court verdict an erroneous one.
• 50-50 chance of judicial review
First, parliament has argued that the verdict is an infringement upon its jurisdiction for amending the constitution. It has said that the legislature-parliament is competent enough to amend any of the articles, including Article 164, of the constitution, that Article 148 has clearly said this, and there was no room for any other interpretation.

“This verdict is contravening of the precedents established by the respected Supreme Court that say there shouldn’t be any forced interpretation of any constitutional or legal provisions or any issuing of a verdict through erroneous exercise of jurisdiction,” reads the petition.

Secondly, it has said the Supreme Court went beyond the demands of the petitioners while passing the verdict.

It said that while the petitioners had only demanded that the SC nullify the 10th amendment to the constitution effected to extend the CA term for the third time, the apex court instead ordered the CA chairman, the Government of Nepal and the OPMCM to make arrangements to hold new elections for the CA or a referendum or any other arrangement as per the constitution even though the petitioners hadn’t demanded any of that.

Parliament said the SC’s latest verdict on the CA term, in going beyond the petitioners’ demand, contravenes the precedents established by the apex court itself.

Thirdly, parliament’s petition has claimed that the SC has acted against the principle that the judiciary needs to exercise self-restraint on political issues on which a judicially manageable and discoverable standard cannot be applied “As per the principle of judicial self-restraint, the SC shouldn’t enter into areas of political relevancy or adequacy.

The court’s bench can never make a political evaluation that needs to be done by periodic popular elections,” parliament’s petition said. It said the SC has ordered the holding of a re-election of the CA even though the constitution has not envisioned any such thing and the SC directed the government to conduct a referendum even though that step needs to be decided by a two-thirds majority of the CA.

“There is a risk that such a verdict may disturb the constitutional balance based on the principle of separation of powers and checks and balance and may eventually invite an unnecessary conflict and clash among the state organs,” reads the petition.

Parliament has also cited the political consequences that may arise due to the verdict and that may go beyond the control and competence of the judiciary.

New bench to take up review petition

Officials said that new justices, who are not involved in issuing the latest verdict on CA term extension, will be chosen while constituting a larger bench to take up the review petitions.

The interim constitution has barred justices handing down the previous judgement from making a review of the judgement. “The Supreme Court may review its own judgments or final orders subject to such conditions and in such circumstances as may be prescribed by law. Judges other than those having handed down the previous judgment shall make such review,” reads Article 107 (4) of the interim constitution.

‘Petition not for term extension’

Officials at the parliament secretariat said the review was not sought to create grounds for another term extension of the CA. Claiming that the new statute can be promulgated in the remaining time, CA Chairman Subas Nembang urged one and all not to link the filing of the petitions with the tenure of the CA.

“We sought the review of the verdict because the issues that have arisen with the verdict need to be settled at this time,” said Nembang.

Parliament had earlier taken the consent of the major political parties before forwarding the petition to the SC.
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IC RESERVE RS. 51 BILLION
Kathandu, 27 Dec.:The Nepal Rastra Bank (NRB)’s Indian Currency (IC) holding has reached as high as IRs 51 billion (Rs 82 billion), according to a senior NRB official. The country’s foreign currency reserves (excluding IC) have also touched a record high of Rs 344 billion, The Kathmandu Post reports.
The central bank has adopted a policy of not letting its IC reserves drop below the IRs 40-billion mark, given increased trade dependence with India. “We massively
purchased IC when the currency’s value depreciated against the US dollar recently,” said a senior official.
Nepal’s trade with India accounted for 66.4 percent of its total trade as of the last fiscal year. In the first three months of the current fiscal year the figure stood at 63.8 percent, according to NRB. Nepal’s trade deficit has also reached Rs 218 billion as of the last fiscal year. “As our import bills, including for petroleum imports, are growing, we need to hold more IC for financing them,” said another NRB official.
Another benefit of maintaining high IC reserves is that the central bank’s investments in the currency yeild over 5 percent interest—far higher than 1 percent on investments in US dollar, according to NRB officials.
The Reserve Bank of India (RBI) recently allowed NRB to invest in Indian government’s 91-day treasury bills. Earlier, NRB had been purchasing Indian T-bills maturing in 14 days which yield only around 5 percent interest, but the 91-day T-bills offers over 7 percent interest.
It has just been three weeks since Nepal started investing in 91-day Indian T-bills and the investment figure has already reached Rs 25 billion. “We are in the process of purchasing more such instruments,” said another NRB official.
As per the agreement between NRB and RBI, the latter would invest Nepal’s IC holding in Indian T-bills.
According to NRB, it has invested around 18 percent of its total investments in US T-bills, while its investments in the US dollar stand at 55 percent. The central bank has invested 17 percent in Euro T-bills and about 10 percent in UK T-bills.
As per the current rule, NRB can invest in the US dollar, pound sterling, Canadian dollar, Japanese Yen and Indian rupee.
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SPACES FOR HOMELESS AFTER CAPITAL QUAKE
Kathmandu, 27 Dec.: If a major quake strikes the Capital city, more than one million people are likely to be homeless. One of the biggest challenges in the Kathmandu Valley will be finding spaces to accommodate the homeless. The government of Nepal and UN agencies have attempted to address this problem, Ankit Adhikari writes ins The Kathmandu,
Post..
In a joint study conducted by the Ministry of Home Affairs (MoHA) and the International Organisation for Migration (IOM), 84 open spaces have been identified in Kathmandu that could be used for humanitarian support in the event of a crisis.
In those 84 spaces, the report says, 792,698 Internal Displaced Persons (IDPs) can be accommodated, but in a very crowded condition, which is likely to increase other humanitarian problems like water crisis, sanitation, and food.
The project has categorised large, medium and small areas in Kathmandu that have the potential to be used as accommodation centres or for other purposes for the IDPs. According to the report, an estimated population of 3.5 million are currently living within the confines of the Valley. Considering the high number of sub-standard constructions, a major earthquake measuring 9 on the Richter scale would destroy about 60 percent of these buildings.
The report recommends that schools be used as reception centres where IDPs may assemble for registration, following which their placement procedure
could begin. For this, the government has to identify retrofitted schools in the
Valley as soon as possible, the report suggests, adding that 3,150,000 square meters worth of open area would be required to provide 900,000 people with covered shelters.
The report offers a list of potential sites by identifying them at three different levels—large, medium and small. Large camps have been defined as those that could accommodate 30,000 to 90,000 people. The study identified two large blocks of land (875,043 square meters) at Tribhuvan University in Kirtipur and the National Agricultural Research Centre in Lalitpur (305,470 square meters) that could function as camps falling under the “large” category.
According to the report, these areas could hold up to 118,051 people together and be suitable for long-term accommodation, with the provision of some of the site services within the camps.
Medium-sized camps have been defined as those that could accommodate 20,000 to 45,000 people in a covered area (3.5 square meters per person). The report suggests six medium camps with the capability of holding up to 286,908 people. The planning for this is based on only providing covered living accommodation, with other camp facilities outside the site.
The Ratnapark/Tundikhel area (155,400 square meters), the airport and Golf Club site (253,327 square meters), the southern end of the runway of the International Airport (146,575 square meters), the Oxygenation Park on the banks of Bagmati River opposite Tribhuvan University (146,604 square meters), Gokarna Golf Club (178,212 square meters) and Birendra Sainik School in Bhaktapur (134,564 square meters) have been proposed as potential medium camps.
The small camps, the report defines, are 75 places that could accommodate accommodate approximately 387,739 people—3.5 square meters per person. Among the possibilities are Satdobato, Balkumari, Jawalakhel, Pulchowk, Pulchowk Engineering College, Lagankhel, Tribhuvan University, Bagbazaar, Naxal, greater Pashupati, Sinamangal, Lainchaur, Teku, Chabahil, Balaju, Sallaghari-Tinkune-Bhaktapur, among various other schools and colleges.
“The density of the camps may pose significant challenges to water, sanitation, and hygiene (WASH), food distribution and security,” the report reads. “Water emerged as the most critical of the planning factors. In the event of an earthquake, it is expected that 95 percent of water pipes could be destroyed and pumping capacity reduced by half. Using Sphere Standards of 15 litres per person per day, 13.5 million litres per day would be required for the IDPs. Additional water would be required for the rest of the population, which would be equivalent to 52.5 million litres per day (based on a population of 3.5 million).”
Stating that a UNICEF project has already constructed five deep tube-wells in Lalitpur district in preparation for a potential disaster, the study recommends that additional such tube-wells be built after receiving appropriate technical advice on whether or not the wells can survive an earthquake.
Going according to the WASH requirements in the event of a crisis, the report suggests one latrine be maintained for every 10 households or 50 individuals.
Similarly, the report recommends the maintenance of one hand pump and bathing space each for every 20 households or 100 individuals and a garbage pit for every 40 households or 200 individuals.
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NOC HITTING DEAD STOCK
Kathmandu, 27 Dec.: Nepal Oil Corporation, which has slashed fuel import by 50 per cent, is on the verge of running out of stock, The Himalayan Times reports.

“We have the stock of only 14,000 kl of petroleum products throughout the country,” said Acting Managing Director of NOC Suresh Kumar Agrawal, adding that the current stock is barely enough to meet the need for a day.

NOC's largest depot at Amlekhgunj and the second largest at Thankot are about to hit the ‘dead stock’ — the last few hundred kl of fuel that cannot be pumped out for distribution and use, according to Agrawal.

Most of the fuel stations have already downed their shutters, and those operating today witnessed serpentine queue of vehicles.

Fuel crisis was palpable early this month after the state oil monopoly reduced its import by 30 per cent in the wake of massive loss it was facing. Since then it has failed to purchase enough fuel to make up for the shortfall. NOC had faced similar fuel crisis in April as well. It owes nearly Rs 1 billion to Indian Oil Corporation.

Fuel shortage has been a perennial problem in the country, but there is no solution in sight. Though the government on December 23 had decided to provide Rs 1.5 billion to NOC, 'it will take a few more days before the Ministry of Finance releases the money', said Joint Secretary at the Ministry of Commerce and Supplies Deepak Subedi, adding that MoCS is formulating a loan proposal and that it could receive the loan after it is approved by MoF.

According to Agrawal, increasing the fuel prices is the only long-term solution.

The state oil monopoly today supplied 319 kl of petrol, 363 kl of diesel and 60 kl of kerosene in Kathmandu.
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NEPAL’S COMMUNIS UNIQUE SAYS PRACHANDA
Kathmandu, 27 Dec.:, Former prime minister and chairman of UCPN-Maoist party Pushpa Kamal Dahal ‘Prachanda’ Monday said that Nepal would follow its own model of communism that would be different from any other model of communism in the world, The Rising Nepal reports.
Reiterating that an imitation of communism was not applicable in Nepal as a communist revolution was known for its originality in a particular nation, he said that Nepal would follow its own type of communism of its time.
"We cannot repeat the earlier revolution but we can enhance the earlier ones that alone may pay respect to Mao’s theory of communism," he said.
According to him, imitation of communism of other countries would be against the Marxism theory.
"Some leaders in Nepal are also trying to follow Marxist theories that are practiced in other nations, and that is not decent," he added.
Addressing a prize distribution function in the capital, Dahal vowed to work for the settlement of the disputes that surrounded the peace and constitution making processes and those among or within the major political parties.
"I must carry the burden of settling disputes regarding the peace process and constitution making process as I’ve been given historical obligation to settle them," chairman Dahal said.
In the function, commenting on the book Urgen ko Ghoda, written by literary figure Yug Pathak, Minister for Culture, Constituent Assembly, Federal Affairs and Parliament Gopal Kirati said that the book portrayed the 10-year People’s War as the Anido Pahad Sangai written by Parijat and Naya Ghar written by Aahuti had portrayed the revolutions of 2036 and 2046 BS respectively.
At the function, writer Khagendra Sangraula also commented on the book.
Meanwhile, UCPN-Maoist general secretary Ram Bahadur Thapa said that the people were worried whether the Maoists would turn out to be a party like Nepali Congress and CPN-UML by giving up issues related to nationality and rights of the oppressed, marginalized and backward community, class and gender.
"The Maoists were born out of the deviation of the NC and UML by upholding the nationalist and revolutionary political lines. Hence, the people do

not want us to be like the old parties," Thapa observed addressing a cultural program organized by Maoist Newa State Committee on 119 Mao Anniversary here ate Basantapur Durbar Square.
Saying that an intense discussion was going on in his party about peace, constitution and government, the general secretary of the main ruling
party stated that the people had the desire to see the Maoists united giving continuity to its path of change and progress.
"If the new constitution fails to provide complete autonomy to the oppressed people, nationalities for strengthening internal nationality, it would be unacceptable," he predicted.
He said that there was a need of a consensus government in the leadership of patriotic and the nationalist forces. "The present government is not leading the tasks of peace and constitution properly."
Maoist standing committee member Netra Bikram Chand warned that the people would raise guns again if the new constitution did not ensure the rights of the oppressed people.
"Our thought group in our party is not against peace and constitution. But we want that the peace and the constitution should be for the vast majority of the people, not only for the handful of the elite," he said.
Realising that the internal strife in the Maoists had mad the people worried and hopeless, the Maoist leader, who is close to the dissenting faction, said, "Revolutionaries never become hopeless, they try to find solution to every hopeless situation."
He blamed the party leadership for cheating the party rank and file. "Our leadership has forgotten its pledges it made during the Chunwang meeting, that we were coming to Kathmandu to establish the state power of the people but now it is saying that such a state is impossible for now."
Meanwhile, CPN-ML also marked the day and its own 34th anniversary by organizing a programme in Kathmandu.
Addressing the function, ML general secretary CP Mainali stressed the need of unity among the communist parties to institutitonalise the republican setup.
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STOP LAND ESCROACHMENT; PM
Kathmandu, 27 Dec : Prime Minister Dr. Baburam Bhattarai Monday directed the government agencies to control the encroachment of public land in the Kathmandu Valley, The Rising Nepal reports.
Speaking at an interaction with concerned bodies of government in Singha Durbar, Prime Minister Dr. Bhattarai asked them to take steps against those involved in the encroachment of public land and vacate the encroachers from there.

bar, Prime Minister Dr. Bhattarai asked them to take steps against those involved in the encroachment of public land and vacate the encroachers from there.
He said that the government could not tolerate the tendency of land encroachment and instructed the authorities to manage the government’s land. "It is the duty of the government to protect the public land."
During the meeting, Physical Planning and Construction Minister Hridayes Tripathi informed that his ministry had directed the concerned agencies for the management of the Kathmandu city in line with the international standards.
He said, "The Ministry has directed to stop the encroachment of government’s lands and identify them to develop a clean and beautiful city."
Tripathi said that the ministry was intensifying the works to manage the traffic system, telephone network, drinking water distribution and electricity system.
Local Development Minister Top Bahadur Raymaji, chiefs of Kathmandu Municipality, Nepal Tele-come, Nepal Electricity Authority (NEA) and other top government officials were present in the meeting.
Deputy Inspector General of Nepal Police Ganesh Rai said that he had taken the Prime Minister’s instructions positively and started working for the smooth traffic system.
He informed that his office started expanding road with the objective of easing the traffic system.
Rai said that the roads were being expanded New Baneshwor, Ratopul, Kalimati, Teku, Tinkune, Babarmahal and other places of Kathmandu.
He said that the road expansion works would be also carried out in Bhaktapur and Lalitpur districts.
Kathmandu Municipality Administration Department chief Gyanendra Karki said that the municipality had started clearing of the encroachment in the public land of Kathmandu.
He urged the PM to discourage street vendors and landless squatters from using the road and public places.
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