BIRD FLU ALSO SUSPECTED IN ARGAKACHI

BIRD FLU ALSO SUSPECTED IN ARGAKACHI
Kathmandu, 27 March: More than 150 birds of Dagre (Sari) species have died in Divarna VDC, Bhainsethala, in the last three days. According to locals, birds that were hovering around the houses and fields have died in large numbers and suspect they might have died of bird flu, The Himalayan Times reports from Argakachi.

Chief of District Livestock Service Office Dr Gopal Giri said that they have sent the samples of dead birds to Pokhara-based Livestock Service Investigation Laboratory for tests, but the disease has not been identified.

Giri also said, “We are preparing to send samples to Kathmandu for further confirmation of any bird flu.”
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NEW RESTRICTIONS UNDER CONSIDERATION FOR JUDGE APPOINTMENTS
Kathmandu, 27 March: The Judicial Council (JC) is planning to introduce polygamy and conviction for contempt of court as criteria to disqualify lawyers from holding
Judgeship, Ananta Raj Luitel writes in The Kimalayan Times..

“We are yet to endorse norms for judges’ appointment, but these two criminal offences will disqualify lawyers,” JC member Khem Narayan Dhungana said.

According to him, a meeting chaired by Chief Justice Khil Raj Regmi discussed various issues today but failed to endorse them. “We want to introduce the two restrictions with the perception that judges must be above suspicion,” Dhungana added.

JC, the sole authority for appointing and dismissing judges, wants to endorse the two norms before choosing for the seven vacant posts in the Supreme Court and initiate work for appointments in appellate and district courts.

The council has to appoint more than two dozen judges in appellate courts and 100 judges in district courts.

JC Member Upendra Keshari Neupane had floated the idea of not appointing polygamous persons in vacant posts and SC Justices Balaram KC and Ram Kumar Prasad Shah had disqualified lawyers convicted on contempt charge.

The recently introduced draft bill has also disqualified persons convicted of moral turpitude, tax defaulters and any person ineligible for the post of a public office from holding judgeship.

He said the JC had sacked Om Prasad Subedi last year on the same ground, but the Council now wanted to codify the provision in the Act.

However, the judiciary is divided over whether contempt of court charge will disqualify a person from judgeship as it will directly affect lawyer-turned SC ad-hoc judge Prakash Osti, who was convicted of contempt charge in 1965.

Osti was convicted on the ground that he, in an article, accused judges of being autocratic and working against the constitution.

The apex court had slapped a fine of Rs five on him.

Some members have been demanding an explicit cut off date. They also demanded that those convicted in the Panchayat regime, when there was no right to freedom of speech, should not be disqualified.

However, Nepal Bar Association has opposed the idea of disqualifying lawyers from holding judgeship just because they face contempt charge.

“The JC might be introducing the provisions with an evil intention of harming some particular persons and benefiting others. Therefore, we must discuss the issue,” said NBA General Secretary Bijaya Prasad Mishra.
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CRITICAL APPRAISAL OF SRC REPORT IN CA
Kathmandu, 27 March: As many as 31 Constituent Assembly members today aired views on the government-formed State Restructuring Commission’s contr-oversial reports, which they said stepped over some of the issues already settled at the CA thematic Committee on State Restructuring and Distribution of State Power, Prakash Acharya writes
in The Himalayan Times..

Most speakers, including some Dalit CA members, said that the non-territorial federal unit proposed by the majority of the SRC members was not feasible and it would not bridge the feeling that lies between the Dalits and non-Dalits.

Residual power, pre-emptive right to rule, carving out of the federal units violating the principles set by the CA thematic committee, inconsistencies on removing some federal units without justification are the issues stepped over by the report presented by the majority members of the SRC, they said.

Almost all speakers strongly objected the SRC report for it did not recognise the local bodies as the separate lowest units of the three-tire – federal, provincial and local – system of governance, which was agreed upon already at CA’s thematic committee. The SRC report has it that the provincial government would form local bodies and the bodies would remain under the provincial government.

Some lawmakers of certain casts and communities from Nepali Congress and CPN UML objected their own parties’ view saying that their parties were protesting the caste-based federal units against peoples’ aspirations. They also criticised the SRC report of excluding Sherpa and Jadan states, which were recommended by the CA thematic committee.

AS the SRC report created controversy over many of the issues which were already settled by the CA panel, there is no need to include its recommendations except few, said Unified CPN-Maoist CA member Hitman Shakya. He opined that the CA panel’s report was better than the commission’s report.

Nepali Congress member Narahari Acharya said that commission’s report failed to justify the capabilities of some federal units while carving out them. He criticised the SRC report for ignoring the prominent issues of viability and sustainability of the federal units. “Instead of finding solution on the unsettled issues, the SRC created some more problems,” he said.

Shankar Pokharel of CPN-UML opposed the SRC’s recommendation that suggested keeping the local bodies under the purview of provincial government. The proposed idea of non-territorial federal unit for Dalits could never be supportive to empower the Dalits, who were ignored and suppressed for years, he said.

Bishwabhakta Dulal of UCPN-M said that the SRC proposed non-territorial Dalit province against the spirit of bridging the feeling of untouchability between Dalits and non-Dalits. “The non-territorial unit neither empowers Dalits nor it helps to address the problems of Dalits,” he said.

NC member Minendra Rijal said that the SRC report completely overlooked the issue of viability while carving out the federal units. “How can the Karnali-Khaptad state be treated equally with Newa state as the two states have vast difference in terms of their economic viability?,” he questioned.

Jip Tshring Sherpa of the NC warned of resorting to movement from the ethnic communities if the parties objected the cast-based federal units. “How can the federal units be carved out by ignoring the rights of oppressed castes and communities?” he questioned.

Madhes-based parties’ lawmakers including Sarba-dev Prasad Ojha, Chandrika Prasad Yadav, Jay Ram Yad-av and Jitendra Prasad Sonal objected the report for not addressing their dema-nd of “One Madhes Single Province”. The CA will resu-me discussions tomorrow [Tuesday].
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