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Tuesday, May 29, 2012


SUPREME ASKS TO ARREST, CHARGE FORMER NC MEMBER FOR MURDER Kathmandu, 30 May: The Supreme Court Tuesday issued an order to the Office of the Attorney General and the Police to arrest Nepali Congress central member and former minister Aftab Alam and file a case against him over the charge of killing two youths, The Rising Nepal reports.. A joint bench of Justices Sushila Karki and Bharat Bahadur Karki issued such an order. Four years ago, the Office of the Attorney General had decided not to file a murder case against Alam and other four persons. The Court also dismissed the decision of the Attorney General Office, according assistant spokesperson of the Supreme Court Hemanta Rawal. Alam, his brother Mahatab Alam and three others were charged with killing two youths of Saruwata VDC during the Constituent Assembly elections 2008 by burning them alive nnnn. FURTHER DETAILS OF UML DECISION Kathmandu, 30 May:: The CPN-UML standing committee meeting held on Tuesday concluded that the fresh election of the new Constituent Assembly cannot be held without resolving legal disputes surrounding it, The Rising Nepal reports.e. A government that has turned into a caretaker one cannot take major decisions, the UML meet said. The government cannot proceed without taking a national unity shape, it added. "So, we urged to the President to starts immediate process to form a national consensus government as per the provisions in the interim constitution," said a UML statement issued by party chairman Jhala Nath Khanal. "We urge all the democratic forces of the country to expose the unconstitutional move of the prime minister to announce the fresh CA election," the statement stated. It also said the country was heading towards political crisis and stressed that the crisis should be faced with unity. The statement said a National Democratic Unity Alliance would be formed to bring all the democratic and patriotic forces under one fold to face the crisis and maintain social harmony. Nnnn ATTORNEY GENERAL ASKS DRI TO FREE CHINESE Kathmandu, 30 May: The Office of the Attorney General has asked the Department of Revenue Investigation not to prosecute the two Chinese nationals who were arrested with approximately $98,000 from Bhaktapur in January, Shiromani Dhungana The Himalayan Times reports. . “The Department of Revenue Investigation had prepared necessary documents to file a case against them for illegal possession of US dollars,” said director general of the department Janma Jaya Regmi. “But on Friday when we sought an opinion from OAG to initiate legal action against them, OAG asked us not to proceed with the case,” he said. According to him, OAG stated that the case was not related to foreign currency misappropriation and asked the department to return the amount submitted as bail to the Chinese nationals. OAG concluded that the Chinese traders had collected the money from Nepali traders as part of their dues. A department source said the Nepali government has written to its Chinese counterpart to respect legal provisions of Nepal in such cases. OAG, meanwhile, has directed the Finance Ministry to amend the existing mode of payment. A source at the Finance Ministry said if the Chinese were let off it would encourage traders to under-invoice the goods. That, in turn, will lead to a loss in customs duty to the government. Customs duty is the third largest contributor to the government coffers after VAT and income tax. Around 36 Chinese nationals had vandalised the Bhaktapur District Court in January, demanding the release of their fellow countrymen when the investigation officials had brought them to the court to extend their judicial remand. Nnnn PM’S CALL FOR ELECTION CHALLENGED IN COURT Kathmandu, 30 May: A Public Interest Litigation was filed at the Supreme Court today challenging Prime Minister Baburam Bhattarai’s decision to call for fresh Constituent Assembly elections for November, The Himalayan Times writes.. The petitioner has said PM Bhattarai had failed to take constitutional provisions into account before deciding to go for fresh polls, minutes before the CA’s tenure expired on Sunday, and demanded an interim order against the move. “CA polls were held on April 10, 2008. But without the promulgation of the constitution, it was dissolved, and the government has again set a date for elections in an unconstitutional manner,” the petitioner said in his PIL, demanding that the apex court intervene. The petitioner said that there was no provision in the Interim Constitution for holding CA elections again. Article 63 of the Interim Constitution does not allow the government to hold CA elections for a second time, said Advocate Santosh Basnet in his petition demanding the SC order the Office of the President, prime minister, the Office of the Prime Minister and Council of Ministers and Election Commission to put the poll bid on hold. The constitution clearly mentions the date of the CA elections and a cut-off age for adult franchise. The government decision to go for polls is unconstitutional as the Interim Constitution was not amended to pave way for the same, said the petitioner stating that Rs 9 billion was spent in the name of now dissolved CA. nnnn

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