MANISHA KOIRALA ADMITTED TO HOSPITAL Kathmandu, 26 Nov.: Manisha Koirla was admitted to Norvic Hospita Sunday at 11 in h morning on advice of doctors, Nagarik reports. She suddenly developed some stomach problems. Manisha arrived from India Saturdayto participate in a drama festival. nnnn ARMY CHIEF LEAVING FOR PRIVATE INDIA VISIT Kathmandu, 26 Nov.: Army Chief Gen. Gaurav Shumshere JB Rana us leaving for a private India visit Monday. He’s married to an Indian. The new chief’s first foreign visit was to Australia to attend a conference of Asian and Pacific region top officers. nnnn. MONDAY MORNING TEMPERAURE 7 DEGREES CELSIUS Kathmandu, 26 Nov.: Monday morning’s temperature was7 degrees Celsius. Mercury is expected to rise to 22 degrees in the afternoon. Nnnn THREE STAR CLUB PLAYS BAUDHA Kthmandu, 26 Nov.: Three Star Club plays Baudha Club in the Martyrs Memorial A Division League Championship Monday at Dashrath Rangashala. Humalayan plays Bansbari in the second match. nnnn PRESIDENT DEFENDS INITIATIVE Kathmandu, 26 Nov.: President Ram Baran Yadav has said that the government should not have taken a decision to denounce his call for a consensus government as he had issued the call as per the provisions of the interim constitution, Gani Ansari writess in Republica.. The President told this to Prime Minister Baburam Bhattarai Sunday evening when the latter went to Shital Niwas to apprise the former of the cabinet decision that termed his move "unconstitutional". "I issued the call for a consensus government to end the current political deadlock," Rajendra Dahal, president´s press advisor told Republica quoting the president. "He (the president) asked PM Bhattarai to cooperate as that would ultimately benefit the nation." The President also told Bhattarai that the process of forming a consensus government has already begun and would continue, according to Dahal. "The president also said that Sunday´s cabinet decision would only create unwarranted breach of trust and controversy." Dahal also quoted the president as saying that the two institutions must respect each other. A day after his party -- UCPN (Maoist) -- cold shouldered his proposal to condemn the president´s call for a consensus government, Prime Minister Baburam Bhattarai managed to convince his cabinet colleagues on Sunday to denounce the move as being "against the spirit of the interim constitution". A cabinet meeting in Singh Durbar Sunday afternoon took the decision to inform the president about his "unconstitutional step" through the latter´s office, two days after the head of the state called on political parties to nominate a prime ministerial candidate through consensus. Bhattarai later Sunday went to Shital Niwas to inform the president about the cabinet decision. The cabinet decision came a day after his party decided to defer the protests against the presidential call saying it has come in the "broader spirit of ending the political deadlock". The Bhattarai-faction, however, had insisted that the party should react immediately against the president´s move and term it "unconstitutional". The party´s office-bearers´ meeting later agreed to go for "soft" protests and "politically expose" the president´s move on Saturday. However, the cabinet meeting on Sunday concluded that the president´s call is constitutionally contradictory to the letter from the office of the president which had said that the prime minister was relieved from his post as he was no more a member of parliament, according to Minister for Information and Communication Rajkishor Yadav, who is also the government´s spokesperson. "The interim constitution has not given any right to the president to take decision at his own discretion," said Yadav after the cabinet meeting. He also informed that the government decided to inform the president that executive power rests with the government as per the article 37 (1) of the interim constitution. The cabinet meeting also concluded that the president cannot invoke the article 36 (a) as his executive rights stating that the interim constitution has envisioned a constitutional president. "The president can invoke article 38 (1) of the interim constitution to form a cabinet-led by prime minister only when there is a parliament," it is stated in the decision. "So, the president cannot invoke the same article at the present time." While citing a Supreme Court verdict issued two years ago, the government claimed that the apex court had clearly stated that the executive power is vested in the council of ministers and that even the powers to be exercised by the president is not self-determining, rather it should merely be a final expression based on a recommendation by a concerned agency or officials. The government said that the present deadlock can be ended only if the president approves recommendation made by the cabinet following consensus reached among political parties and also reiterated that it is ready to exercise maximum flexibility to end the current deadlock. Nnnn CABINET CHALLENGES CONSTITUTIONAL OVE OF PRESIDEN LAWYERS SAY Kathmandu, 26 Nov.: After Prime Minister Dr Baburam Bhattarai apprised the President on Sunday evening about the decision taken by today's Cabinet meet on unity government, President Dr Ram Baran Yadav reiterated that he won’t trespass the constitutional limits prescribed by the Interim Constitution, Gauran Bhattarai writes in The Himalayan Times. As per Article 38 (1) of the Interim Constitution, when country is devoid of Legislative –Parliament , President Yadav on Friday had appealed political parties to come up with a new presidential candidate by Thursday. Caretaker PM Bhattarai had reached Sheetal Niwas to brief the head of the state that today’s Cabinet concluded with a note to dispatch a letter to the President that the verdict on unity government formation is 'against the interim constitution and unconstitutional'. “The meet decided to formally write to the President since the head of state cannot make any step as the executive power is inherent in the Cabinet as per the Interim Constitution,” informed the Minister for Information and Communication Raj Kishor Yadav after the meet. Ruling parties on Saturday had remarked the President's call as unconstitutional. During the meeting, as reported, PM also requested President to move ahead in cooperation, to bail out the country from the present political turmoil and constitutional hurdles. As the Constituent Assembly(CA) elected on May 28, 2008 had kicked the bucket on May 27, 2012 without issuing a new constitution, the government was relegated on May 29, 2012 to the status of caretaker by President Yadav, to function till a new unity government is formed. Reason for government to get riled by President’s move is probably due to the fact that the President’s move came a day after Prime Minister Baburam Bhattarai had stated in his televised address to the nation that he is ready to step down if a broader national consensus could be forged. With this Cabinet decision, speculation is at rife that the jurisdiction between PM and President would be once again drawn into debate, experts said. " Today’s cabinet decision to officially censure the Head of State is a sad culmination of enormous hunger of power and the lack of political culture in our country, said Nischal Pandey, Director at Centre for South Asian Studies, to THT scribe Gaurav Bhattarai. "It may have happened for the first time in our history." In the Democratic Republic of Congo, a similar confusion over authority between the President and the Prime Minister had taken a very ugly turn that maybe useful for us to take lessons from, stated Pandey. President Joseph Kasa-Vabu had dismissed Prime Minister Patrice Lumumba in Sep. 5, 1960. This came right after the African country had won independence. The Prime Minister disobeyed the decision and instead sacked the President himself. A dangerous vacuum was created when both rejected the other’s decision. After 9 days of total uncertainty and anarchy, Army Colonel Joseph Mobutu arrested both of them. First, he assumed the position of Chief of the Army, then the Prime Minister (1966) and then President (1967). He ruled the country for 30 years with terror, loot, massive human rights abuse and even changing the country’s name to “Zaire”. The Democratic Republic of Congo under him was known as the “banana republic”. "let's ope and pray that the Federal Democratic Republic of Nepal will not go the way of Congo," said Pandey. But in Nepal, President’s call has drawn mixed responses. The ruling alliance has termed the act as unconstitutional, while over 18 opposition parties have lauded the move. LEGAL EXPERTS QUESTION Legal experts have questioned the legitimacy of today’s [Sund ay] Cabinet decision that challenges the constitutionality of the President’s call for a consensus government, Ananta Raj Paudel writes in The Himalayan Times. “The caretaker government does not have the authority to question the President’s call,” Harihar Dahal, one of the drafters of the Interim Constitution told The Himalayan Times. According to him, the decision of the Cabinet was intended to cling on to power for indefinite period. “The caretaker government is not for a long period so it cannot question the President’s move,” Dahal said, adding, “Cabinet has clearly violated the Interim Constitution.” Dahal added that the final right to interpret the constitutionality of President’s decision rested with the Supreme Court. Former Attorney General Sushil Pant, however, said today’s Cabinet decision has put the government and the President on a confrontation course. “This is intended to secure the continuation of the government in case the parties fail to suggest a consensus candidate to the President,” Pant added. “Neither the call of the President nor the Cabinet decision is constitutional,” he added. Raman Kumar Shrestha, a lawyer close to the PM, said the Cabinet took the decision to challenge the move of the President politically rather than moving the apex court after much thought. Though a few lawyers close to ruling UCPN-M advised the government yesterday to file a petition against the Presidential call, majority of lawyers told him to challenge the move politically. It was apprehended that the apex court may not quash the Presidential call. Nnnn SC ADVISED TO APPOINT JUDGES WITHOUT HEARING Kathmandu, 26 Nov.: Nepal Bar Association’s Amicus Curiae today suggested that the Supreme Court introduce the US-recess appointment system to fill vacant positions in the Supreme Court and various constitutional bodies. Arguing before a division bench of justices, senior Advocate Radheshyam Adhikari suggested that the US-recess appointment system be introduced to rescue constitutional bodies and the judiciary in situations when there is no parliament and hearing is not possible. Referring to recess appointment by the US President in the absence of confirmation hearing by the Senate, Adhikari argued that even the latest amendment in Nepal’s Legislature-Parliament (Working Procedure) Rules has given space for appointment if the parliamentary hearing special committee fails to give its decision on the proposed name. Adhikari also suggested that the apex court allow appointment by the Judicial Council, which would be subject to approval of the legislature-parliament in future. Adhikari advised the apex court to rescue judges whose terms are expiring in the near future. He advised beginning the appointment process with or without forwarding recommendation to the parliamentary hearing committee. He, however, argued that it was up to the JC to determine the position of SC judges and whether ad hoc judges are required at present. Adhikari added that if this situation continues for a few more years, the judiciary will find itself in crisis. “The judges’ appointment in the Supreme Court is more serious than appointments in various constitutional bodies like the Commission for the Investigation of Abuse of Authority, Election Commission, Public Service Commission and Auditor General because appointment in the judiciary is completely different.” According to him, the function of constitutional bodies is also a part of the government’s function as per the constitution, but the apex court functions to check and balance the function of the state organs, so it is more serious than the function of constitutional bodies. Adhikari further said the government had floated idea of appointing judges by invoking Article 158, which could go against the Interim Constitution because the ordinance under the Article must be produced in parliament within 30 days and this is not possible at present. Earlier, advocate Balkrishna Neupane concluded his argument on behalf of the petitioner who had demanded apex court order to retain ad hoc judges’ without fresh parliamentary hearing for the second time. The bench is examining whether or not the demand of petitioner Achyut Prasad Kharel to retain the ad hoc judges whose tenure is expiring on December 5 and January 20, is constitutional. Nnnn HIV INFECTED THREATEN TO BOYCOTT NATIONAL AIDS CONFERENCE Kathmandu, 26 Nov : While accusing the government of spending huge amount of money allocated for HIV/AIDS in mega conferences, people living with HIV/AIDS have decided to boycott the fourth national AIDS conference that is scheduled to be held on December 1-4 in Pokhara. They said such conferences hold no meaning when many infected people are dying in the lack of proper medication and care, Arjun .Poudel writes in Republica. The National Association of People Living with HIV/AIDS in Nepal (NAP+N), a national network of HIV infected people, said the organization has formally decided not to take part in the conference. "HIV infected orphans are dying while infected women are living a miserable life in the lack of care and support," Basanta Chhetry of NAP+N said adding, "We extremely object to the govenrment´s wasting funds meant for HIV infected in jamborees." The venue for the conference has been fixed at Fulbari Resort in Pokhara. Likewise, National Federation of Women Living with HIV/AIDS said the organization also has strong reservations over the preparations to hold the conference in Pokhara and it has yet to decide about its participation. "We will make our formal decision after Monday´s meeting with NCASC director," Muna Serchan of the organization said. The National Center for AIDS and STD Control (NCASC) under the Ministry of Health and Population (MoHP) said more than 1,000 delegates will participate in the conference. Officials at the center said research scientists, medical doctors, public health experts, policy makers, and representatives of donor agencies have been invited to the conference. "How can the government justify such a huge expenditure being made for transporting and accommodating such a large number of delegates at Fulbari Resort," Chhetri said. He said that millions of rupees will be spent in the conference but HIV infected people living in far-flung areas cannot afford to come to Pokhara to tell their problems. The association said that several care centers, which have been providing effective care to infected people are closing due to funds crunch, children are born with HIV and there are not enough viral load machines to monitor the effectiveness of antiretroviral (ART) drugs. The association also complained that the NCASC has not been releasing small funds that have already been committed to organizations working at the grassroots level. The NCASC had agreed to provide Rs 1,500 per head in allowances to 2,200 HIV affected, through the grant provided by the Global Fund. Dr Krishna Kumar Rai, director of NCASC, said he has invited representatives of the disgruntled organizations working on HIV/AIDS sector for talks. While attempting to justify the selection of the conference venue, he said the third national AIDS conference was also organized at a five star hotel and this time too they have chosen a five-star hotel because high-level dignitaries are participating. "President Rambaran Yadav has been invited for inauguration so expenses will rise due to security reasons also," he said. The NCASC said that the conference will be important toward meeting the targets of the Millennium Development Goals. nnnn