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Friday, January 11, 2013


COLD CLAIMS THREE MORE LIVES IN BARA Kathmandu, Three more persons died on cold overnight in Bara. The death toll in the central terai district has risen to eight. nnnn. CONVICTED FRAUDSTER ARRESTED Kathmandu, 12 Jan.: A man convicted for misappropriation by the supreme court but absconding was arrested from the capital Friday by the Central Investigation Bureau. Suman Maharjan of Khichapokhari was convicted by the supreme court for defrauding Agriculture Development Bank of Maharajgung branch of Rs 2.37 million along with a fine of Rs 1.18 million. Nnnn OAG STOPS RECORDING OF STATEMENTS OF JOURNALIST MURDER SUSPECTS Kathmandu, 12 Jna.: The Office of the Attorney General ( OAG ) on Friday directed the Nepal Police and the Dailekh Attorney's Office to stop recording statements and halt investigations into five Maoist cadres accused of murdering Dailekh-based journalist Dekendra Thapa, Kamal Dev Bhattarai writes in The Kathmandu Post. . The move is likely to stir public anger and irk the media fraternity and rights activists, who have been demanding a fair investigation into the case and prosecution of the men involved in the murder. Attorney General Mukti Pradhan acted upon orders from Prime Minister Baburam Bhattarai, who has been defending the accused, according to sources. In a letter sent to the police department and the Dailekh Attorney's Office, the OAG , the chief legal advisor of the government, said that war-era cases fall under the jurisdiction of the Truth and Reconciliation Commission (TRC), the transitional justice mechanism envisaged by the Interim Constitution of 2007 and the Comprehensive Peace Agreement. The commission is, however, yet to be formed. The government has already submitted a bill to President Ram Baran Yadav seeking to form such a body. According to the letter, a copy of which was obtained by the Post, war-era cases cannot move ahead as per the Government Case Act 2049 BS. It further cites a decision taken by the Supreme Court in the case of Maoist lawmaker Keshav Rai of Okhaldunga district in 2010. The apex court had then said conflict-era cases will be settled after the TRC is formed. Legal experts have said the letter sent by the OAG is against the Interim Constitution and the rule of law. They said it has made a mockery of the constitution and other legal and constitutional provisions. "The letter has halted the investigations and evidence-collection process, which is not under the jurisdiction of the OAG ," a government lawyer told the Post. Chairman of the Federation of Nepali Journalists Shiva Gaunle denounced the OAG 's move. "This is unfortunate; democracy for journalists does not exist in the country," he said. On Thursday, the district police produced the five suspects in the District Court. Thy were ordered to seven more days in judicial custody. Following this, the prosecuting attorney had resumed the task of recording statements from the accused. Earlier, PM Bhattarai, his party UCPN (Maoist) and the CPN-Maoist had piled pressure on the District Attorney's Office to stop recording the statements from the five Maoist cadres. Bhattarai has been arguing that war-eera cases must be handled by the TRC and not the regular courts. nnnn

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