Package deal makes parties back and fill

KATHMANDU: Consensus has become a chimera for Nepal’s political parties, and of late ‘a package deal’ has kept ruling coalition and opposition parties apart. Reasons are but obvious: The ruling and opposition parties have their own interpretations of a package deal and its contents. 

The ruling Unified CPN-Maoist and the United Democratic Madhesi Front are seeking opposition’s commitment to all the agreed agendas of the dissolved Constituent Assembly such as republicanism, secularism, inclusion, judiciary, forms of governance and election representation system. “Besides, an agreement on CA poll date, removing legal and constitutional hurdles for the polls, filling vacancies in constitutional bodies, including in the judiciary, determination of the percentage of first-past-the-post election, proportional representation system, reduction of CA seats and formation of a national consensus government are also the issues that need to be included in the package deal,” said UCPN-M Spokesman Agni Sapkota. 

But UML leader Pradip Gyawali said his party has never hesitated to take the ownership of the agreed agendas of the dissolved CA. “Some leaders of the Nepali Congress say they cannot take ownership of the agreed agendas because doing that, they say, will curtail the rights of the sovereign CA. We do not agree with them,” said Gyawali. 

NC has a different take though. NC leader Ram Sharan Mahat said his party was ready to agree on major issues like republicanism, secularism and federalism. “But how can we agree on all issues now? It will be an infringement of CA’s mandate. If we have to agree on all issues, then why should there be an election for the CA?” questioned Mahat. 

The UCPN-M and UDMF say they want opposition’s commitment to issues of constitution because they do not want to see the new CA fail again. “We have heard opposition leaders saying federalism is not their agenda. If the CA fails again, it will fit to their scheme, and they can then push for the formation of a commission,” said Sadbhawana Party Co-Chairman Laxman Lal Karna. 

Prior to CA elections, the UCPN-M, which feared that NC and UML might drag their feet to declare the country a republic, had forced them to incorporate the provision of abolishing the monarchy from the first meeting of CA in the constitution. “Opposition parties have failed to embrace the changes. Empowerment of marginalised communities is not their agenda. Therefore, we fear that if they do not commit to the agreed agendas now, they can reverse the wheel of change later,” said Sapkota. 

UDMF has its own concerns on federalism, the only major issue that proved to be most contentious in the dissolved CA. 

“We want the next CA to choose one model out of three — the 14-, 10- and six-pradesh models that were the property of the dissolved CA,” said Jitendra Dev, Spokesperson, Madhesi Janaadhikar Forum-Nepal. The package deal, he added, should also include the provision of either granting citizenship to those whose names figured in 2008 voter list or enabling them to vote in the next election without voter identity card. “We can even boycott the next election if the voter list issue is not resolved,” he said. 

He added that although parties had agreed to have 240 FPTP seats, Madhesi parties can lobby for five more FPTP seats as per the percentage of Madhes population mentioned in the new census data.
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Height of mistake! NASA photo error puts Everest in India

KATHMANDU: The world’s highest mountain should not be hard to spot but American space agency NASA has admitted it mistook a summit in India for Mount Everest, which straddles the border of Nepal and China.

The agency said on its website that Russian cosmonaut Yuri Malenchenko’s snap from the International Space Station, 370 kilometres above Earth, showed Everest lightly dusted with snow. The picture spread rapidly via Twitter and was picked up by media around the world, including the US-based magazine The Atlantic, astronomy website Space.com and US cable news channel MSNBC.

But Nepalis smelt a rat and voiced their suspicions on social media. Journalist Kunda Dixit, an authority on the Himalayas, tweeted: “Sorry guys, but the tall peak with the shadow in the middle is not Mt Everest.”

NASA confirmed today that it had made a mistake and removed the picture from its website. “It is not Everest. It is Saser Muztagh, in the Karakoram Range of the Kashmir region of India,” a spokesman admitted in an email to AFP. “The view is in mid-afternoon light looking northeastward.”

He did not explain how the picture from the space station, a joint project of the US, Russia, Japan, Canada and Europe, had been wrongly identified.Everest, which is 8,848 metres high, is a sought-after photographic target for astronauts in orbit but is tricky to capture, according to astronaut Ron Garan, who lived on the International Space Station last year. “No time is allotted in our work day normally for Earth pictures. So if we want to capture a specific point on the ground we have to first know exactly when we will fly over that spot,” he told The Atlantic.

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Prez gives five more days for consensus

KATHMANDU: President Ram Baran Yadav has once again given the parties five more days to agree on a prime minister to form a consensus government. This is the third time the Head of State has extended the deadline for the formation of a consensus government as per Article 38 (1) of the Interim Constitution since he first called parties to reach a compromise in seven days on November 23. But the parties in the last three weeks have invariably failed to strike a deal, forcing the Head of State to extend the deadline time and again. 

A press release issued by the Office of the President said the Head of State has given the parties till December 17 (Monday). The President held talks with Unified CPN-Maoist Chairman Pushpa Kamal Dahal, Nepali Congress President Sushil Koirala, CPN-UML Chairman Jhala Nath Khanal and United Democratic Madhesi Front leader Bijaya Kumar Gachhadar today before granting the parties five more days. After the meeting, Khanal said the parties would forge consensus at any cost. Koirala too expressed hope that there would be a breakthrough. 

According to a source, the President had asked the leaders about the efforts they were making and about the next step he should take in the event of parties’ failure to forge consensus.
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NC prez promises consensus in 3 days if Prachanda serious

THT ONLINE

President of Nepali Congress (NC) Sushil Koirala

JHULE: President of the Nepali Congress (NC) Sushil Koirala has expressed his belief that the parties will reach consensus within three days if UCPN-M Chief Pushpa Kamal Dahal shows his loyalty to the parties.

Speaking at the 13th day ceremony of NC leader Bhim Bahadur Tamang’s death at Jhule, Koirala claimed that the parties will reach an agreement within the deadline given by the head of the state to the parties to choose a common prime ministerial candidate and form a consensus government.

On the occasion, Koirala said that the consensus between the parties could be forged within three days if UCPN-M Chairman Pushpa Kamal Dahal is ready to play his role seriously.

He further said that the parties should not intervene in the formation of national unity government and instead help to build it.

Koirala remarked that the fresh election could be possible in April/May if parities reach an agreement in five days.

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Three killed‚ 7 injured as bus veers off road

KATHMANDU: Three persons were killed on sport and 7 other sustained injuries when a passenger bus veered off the road at Kalpingkot VDC in Sindhupalchowk district on Thursday morning. 

The bus (Ba 2 Kha 6579) bound to Kathmandu skidded off the road and fell some 250 meters down the road at Chilaune of the same VDC.

The identification of the deceased is yet to be ascertained .
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Unity govt deadline ends today‚ Prez likely to extend again

President Dr Ram Baran Yadav

KATHMANDU: The deadline extended by the President Dr Ram Baran Yadav for political parties to agree on a common prime-ministerial candidate by December 6 ends today.

President Dr Ram Baran Yadav is likely to extend the deadline for the second time as there is less chances that political parties will strike a consensus chord by today.

During the weeklong deadline, political parties sat on discussion but, failed to seal a deal.

On Tuesday, at the meeting of big three political parties held at secretariat of special committee, UCPN-M and CPN-UML asked Nepali Congress (NC) to propose its prime-ministerial candidate for the much-awaited national unity government.

On Wednesday, the Central Working Committee (CWC) of NC picked President Sushil Koirala as the candidate for the national unity government.

Following the NC decision, the meet of four major political parties – UCPN-M, NC, CPN-UML and United Democratic Madhesi Front (UDMF) held at the UCPN-M Chairman Pushpa Kamal Dahal residence in Lazimpat failed to make concrete decision on the formation of national unity government as the UCPN-M put forth a proposal to forge agreement on the content of new constitution before finalising the name of new prime minister.

Meanwhile, the meeting of ruling coalition is underway at the Prime Minister’s Office in Baluwatar.
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NC former General Secretary Chaudhary passes away

KATHMANDU: Nepali Congress former General Secretary and Chairperson of dissolved Rajparishad Standing Committee Parshu Narayan Chaudhary breathed his last at Patan Hospital at 2.15 am on Thursday.

He was 86. 

Chaudhary had long been afflicted from asthma and heart ailments. 

Chaudhary had quitted party politics and entered the Panchayat with his supporters in 1979.

He had also served the country as an education minster in the Panchayati regime. 

His body would be kept on the premises of Nepal Academy from 11.00 am for final tribute and would be cremated at Pashupati Aryaghat today. 

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Chelsea routs Nordsjaelland 6-1 but exits CL

Chelsea's Fernando Torres, left, wins the
 ball from Nordsjaelland's goalkeeper Jesper
Hansen to score during the Champions
 League Group E soccer match between Chelsea
 and FC Nordsjaelland at Stamford Bridge
 Stadium in London Wednesday, Dec. 5, 2012.

LONDON: Fernando Torres rediscovered his goal-scoring touch too late for Chelsea's Champions League hopes on Wednesday, with the English side becoming the first holders to exit at the group stage despite a 6-1 thrashing of FC Nordsjaelland.

On a bittersweet night 200 days after winning the competition, Torres ended a month-long goal drought, and Rafa Benitez claimed his first win in his fourth match in charge.

"He showed his desire today and his quality at the same time," Benitez said. "And if he plays at this level he can score more goals."

Chelsea went ahead in a frenzied spell in which both sides missed penalties before David Luiz scored from the spot in the 39th minute.

Torres netted in first-half stoppage time and, although Joshua John canceled it out 20 seconds after the break, Gary Cahill's 51st minute-header sparked the second-half goal spree.

Torres drove in his second goal, the first time he has scored more than once in a match this season, before Juan Mata and Oscar added further gloss to the win.

But however stylish the performance, making the Blues the biggest scoring team in the group stage with 16 goals, they will have to settle with a Europa League consolation place.

"The Europa League is not important if you don't win," Benitez said. "But if you are in the semifinal or final, everyone wants to win."

Chelsea finished third in Group E as Juventus' 1-0 victory at Shakhtar Donetsk ensured both sides advanced in the Champions League.

The trophy Roman Abramovich had targeted since his 2003 takeover and won unexpectedly for the first time in May has been surrendered like no team before it, and led to manager Roberto Di Matteo being fired last month.

"You have results where we lost away to Donetsk and Juventus but I think the main difference was the draw against Juve at home," Chelsea goalkeeper Petr Cech said. "We were 2-0 up and then ended 2-2. If you drop too many points in the group then you can't go through."

Chelsea's failure to progress owes much to Torres' inability to justify his $80 million-plus price tag with goals, with only one in Group E before Wednesday.

Such is the Spain striker's decline, Benitez was left extolling the merits of his contribution in defense on the eve of the match.

But Torres was at the heart of the powerful start by the energetic hosts, who were ripping through the Danish champions with ease.

Torres had a shot pushed round the post by goalkeeper Jesper Hansen, and put the ball through to Mata who set up Eden Hazard but the resulting shot was easily saved.

There was a let off for the visitors when Nicolai Stokholm turned the ball onto his own crossbar from Victor Moses' cross.

The first penalty was awarded by referee Bas Nijhuis in the 31st after Cahill handled, but Cech dived correctly to his right to save from captain Nicolai Stokholm.

Almost immediately at the other end, Cahill's effort was handled by Mikkel Beckmann. But Hazard was no better from the spot than Stokholm, as he struck low to the right and Hansen saved.

Chelsea, though, got another chance when Mata struck into Joshua John's arms. This time, Luiz found the net on his return from suspension, sending Hansen the wrong way.

Torres produced a morale-boosting goal in stoppage time after first clattering an effort against Hansen but then lifting the rebound into the net.

Chelsea was sloppy at the start of the second half as John surged past Branislav Ivanovic and beat Cech.

But Chelsea's two-goal cushion was restored after Torres won a free kick and Mata curled the ball in for Cahill to head powerfully into the net in the 51st.

Torres' second came five minutes later, driving into the net after Hazard cut the ball back to him.

"We helped him get back on track," Nordsjaelland coach Kasper Hjulmand said.

Chelsea was rampant and Mata played a one-two with Hazard before turning the ball into the net in the 63rd after his first effort was blocked by Hansen's legs.

Gaps in the tiring visiting defense were exploited again as Oscar picked up possession and slotted in the sixth in the 71st.

"The tempo they were playing we couldn't match it," Hjulmand said. "Chelsea today was very motivated ... and we didn't have a chance."

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Eight dead in earthquake in eastern Iran

DUBAI: An earthquake measuring 5.5 in magnitude struck eastern Iran on Wednesday, killing eight people and injuring 12 others as emergency teams scrambled to rescue others and treat the injured, Iranian media reported.

People fled their homes as the quake struck and brought walls and buildings down. But others were left trapped under rubble in villages across the district of Zohan in South Khorasan province, Fars news agency said.

"Eight people have been killed in the earthquake area and one person is missing. Unfortunately a number of those injured have lost their lives in the last few hours," Mehr news agency quoted South Khorasan's crisis management director Mohammad Ali Akhundi as saying.

"Homes have sustained damage and people are out in public places and they need the means to keep themselves warm because of the cold," he said.

Iran's Red Crescent Society despatched 15 rescue teams to the affected areas to search for people stuck under the debris and doctors in the provincial capital of Birjand were on alert to treat those hurt, Fars new agency reported.

Rescue units of Iran's national Basij militia also joined operations, despatching three medical teams.

Emergency workers had reached some areas and the number of confirmed dead could rise, Tehran's deputy emergency services director Mohammad Sarvar said.

Two villages appeared to have sustained the worst of the damage including the village of Sharaj where five people were killed, Mehr news agency quoted district governor Farhad Falahati as saying.

"We have what we need to help but landslides especially on the route to Sharaj have stopped the relief supplies from getting there," he added.

At least 12 aftershocks have been registered since the quake struck at 2038 local time (1708 GMT), the Iranian Seismological Center said.

The centre said the epicentre was 42 km from the town of Qayen, the heart of Iran's saffron-growing region, one of the country's major non-oil exports.

The USGS said the quake, which it initially recorded as magnitude 6.0, was very shallow at a depth of 3.3. miles. It located the epicentre as 48 miles (77 km) north-northeast of Birjand, near the border with Afghanistan.

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Diana among bookies' favourites for Britain's royal baby name

LONDON: Bookmakers reckon Prince William and his wife Catherine will name their baby after a close relative, with his late mother Diana among the early front-runners.

Betting chains were offering odds on a whole range of markets, from the baby’s name to its sex, weight, godparents, hair colour and even the time and day of birth.

The baby will be third in line to inherit the throne, meaning a King John II or Queen Anne II could be on the cards.

The William Hill firm’s early favourites are Frances and John at 9/1, with Charles, George and Victoria 10/1, followed by Anne, Diana, Philip, Richard and Spencer at 12/1 and Henry, Mary and Sarah at 14/1.

Frances was Diana’s middle name, while her father was John and the family surname is Spencer. Elizabeth and William are both 16/1, while Catherine is 20/1. Less regal-sounding names like Kevin, Wayne and Sharon all come in at 250/1.

Irish bookmakers Paddy Power have Mary, Victoria and John at 8/1, followed by Diana and Frances at 9/1, then Philip, Anne, Charles and George at 10/1. Sarah and Louis are 12/1. Wallis, the name of the US divorcee that king Edward VIII gave up the throne for in 1936, is a 100/1 shot. “We’re pretty confident they’re going to stay with a traditional name from within the family,” Paddy Power spokesman Feilim Mac An Iomaire told AFP.

“We think that given, let’s face it, they’re not Lady Gaga but neither are they the generation of royals that went before them, they might not go too far off the wall.” William Hill are offering 10/11 on the sex of the baby, while twins is a 20/1 shot.

Paddy Power are offering a market on the godparents, with both William’s brother Harry and Catherine’s sister Pippa Middleton leading the way at evens.

The Irish firm is also taking bets on what time the baby will be born, and the baby’s weight. “Our traders seem pretty confident that’s it’s going to fall among the average. I don’t think Kate will have too much strife,” said Mac An Iomaire. “Looking at the two of them we don’t think there’s enough stock in there to produce a giant.”

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JC gives a sharp twist to judges' tenure tale

KATHMANDU: The crisis in the judiciary was close at hand, and for now it seems it has been averted, at least for two days, after the Judicial Council gave a pretty sharp twist to the tale.

Supreme Court’s five ad hoc judges — Baidhyanath Upadhayay, Tarka Raj Bhatta, Gyanendra Bahadur Karki, Kamal Narayan Das and Bharat Bahadur Karki — were set to retire today, leaving a huge vacuum in the judiciary, as no deal could be reached on ways to retain them.

After daylong efforts by the government, parties and JC itself failed to find an outlet to the crisis, JC, the body that appoints the judges, at the eleventh hour gave a spin to the issue. It said the ad hoc judges can remain in office till December 6, for two more days. “Though they were appointed on December 5, 2010 they assumed the office on December 7,” Khem Narayan Dhungana, member, JC told THT, hinting that their retirement day is still two days away. “We will wait, and hope, for political consensus in the next two days on ways to retain them.” With today’s development, the five ad hoc judges, who were almost prepared to retire in the event of authorities’ failure to hammer out a deal, now have been forced to twiddle their thumbs for two more days. The authorities have two options at hand. First, the government recommends an ordinance to the President to amend the Judicial Council Act. Second, the President invokes Article 158 of the Interim Constitution.

Earlier in the day, political parties did engage in talks to resolve the crisis but failed to make any headway after the Nepali Congress refused to budge, saying it wanted a solution in a package, not only to retain the judges. Thereafter, the government too held its horses. It neither forwarded an ordinance nor recommended invoking Article 158.

Interestingly, there are also two days left for the parties to reach a deal on a consensus government.

Legal eagles look askance

KATHMANDU: The Judicial Council’s argument that the tenure of a judge starts from the day s/he assumes office, and not from the day s/he is appointed, has not gone down well with legal eagles. “This is a bogus interpretation. The tenure begins on the day the person in question gets the appointment,” said former attorney general Sushil Pant. Yadu Nath Khanal, President, Democratic Lawyers Association, also said the date of appointment should be taken into consideration to calculate the tenure of a service holder. “It does not matter when the person takes the oath of office,” said Khanal. Senior advocate Ram Prasad Shrestha, who is also the chairman of Progressive and Professional Lawyers’ Association, too echoed Pant and Khanal. Advocate Hari Prasad Upreti, an expert on bureaucratic cases, gave simple logic. “Check the official record in the JC bulletin, which calculates judges’ tenure from the day of their appointments. It’s as plain as day,” said Upreti.

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FM says Prez‚ PM failing in diplomatic norms

KATHMANDU: Deputy Prime Minister and Minister for Foreign Affairs Narayan Kaji Shrestha has taken serious exception to recent diplomatic engagements of President Ram Baran Yadav and Prime Minister Baburam Bhattarai. 

Talking with a select group of journalists at his office today, DPM Shrestha accused the President and PM of breaching diplomatic code of conduct while meeting foreign leaders and envoys. 

According to Shrestha, both the President and PM ‘breached the basic diplomatic decorum and moral code’ by allowing Amresh Kumar Singh in when the two were holding a crucial meeting at Shital Niwas on November 23. “Amresh is a suspicious character and does not hold any official position,” said Shrestha of the Nepali Congress nominee for Parliament during 2006-2007. “Nowhere in the world do the Head of State and head of the government keep a third party while they have a one-on-one meeting,” Shrestha argued. On November 23, the prime minister had gone to Shital Niwas to brief the President on that day’s Cabinet decision. DPM Shrestha also expressed his grievances against the President and PM for keeping the Ministry of Foreign Affairs ‘in the dark’ about their meeting with some influential foreign envoys . 

On November 20, the day the budget was announced, ‘an influential foreign envoy met both the President and the PM repeatedly’ without securing an approval from MoFA, said Shrestha. “Taking MoFA’s approval prior to any such meeting is mandatory as per the Diplomatic Code of Conduct, 2011.”

“Earlier, I had informally requested the President twice to follow the diplomatic code of conduct while meeting foreign envoys. I also urged the prime minister to respect the code of conduct, but to no avail,” said Shrestha. “As foreign minister, I will soon call on the President and lodge a formal protest.” 

Shrestha also said that his ministry had no official knowledge about the recent visit of the leader of India's ruling Congress party Karan Singh.

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30 killed in school attack

BEIRUT: A mortar slammed into a ninth-grade classroom in the Damascus suburbs on Tuesday, killing 29 students and a teacher, according to state media, as the civil war closed in on President Bashar Assad's seat of power. The state-run news agency SANA blamed the attack on terrorists, the term the regime uses for rebels who are fighting to topple the government. An Education Ministry official, however, said 13 students and one teacher had been killed. The discrepancy could not be immediately reconciled. The mortar hit the al-Batiha school in al-Wafideen camp, about 25 kilometres northeast of Damascus, according to SANA.

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Nepali woman Pushpa Basnet is CNN Hero of the Year 

Pushpa Basnet ,who supports children so they don't have to
live behind bars with their parents, is named the
2012 CNN Hero of the Year.

KATHMANDU: Nepali social worker Pushpa Basnet has been named the 2012 CNN Hero of the Year.

This is the second time that a Nepali woman has bagged the prestigious international CNN Hero Award.

Anuradha Koirala- another Nepali social worker and a campaigner known for her anti-human trafficking drive through her non-profit making organisation Maiti Nepal --was honoured with the same award in the year 2010.

CNN announced the result from the Shrine Auditorium amid a      gala event in Los Angeles, California.

“This is the victory of every Nepali," said Basnet to a gathering of spectators after she is named the 2012 CNN Hero of the Year.

The 28-year-old Basnet was nominated for providing a refuge to children who were languishing inside the Nepali prisons along with their parents.

Pushpa Basnet has founded the Butterfly Home, and the Early Childhood Development Center a day care programme for children under six and a residential home where mostly older children receive education, food, medical care and a chance to live a more normal life.

"It's not fair for (these) children to live in the prison because they haven't done anything wrong," CNN earlier had quoted Basnet as saying.

"My mission is to make sure no child grows up behind prison walls."

"The children must not be forced to live behind bars with their parents," said Basnet, who started her non-profit organisation Early Childhood Development Centre in 2005.

Currently, over 40 such children are living in her shelter, where she provides them with food, clothing, education, medicines and all other basic things.

Pushpa is giving shelter to children from prisons in Dhading, Pokhara, Jajarkot, Phidim, Birgunj and Nepalgunj.

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'No dual tax system in a federal Nepal'

THT ONLINE

LALITPUR: Experts on federalism have suggested that the dual tax system should not be adopted for economic reforms in a federal Nepal, RSS reported on Monday.

Speaking in the interaction program titled ´Federalism: Some Issues´ organized as the 63rd edition of the Dr. Harka Gurung Lecture Series, the experts on federalism pointed out that dispute might arise between the centre and provinces if clear provisions are not made regarding which bodies are to collect taxes after the country goes federal.

Sanjaya Sherchan, an expert on federal matters, stressed on adopting the mixed market model in federalism. He said federalism will not work if the dual tax system was adopted. Sherchan is the author of the book The Federal Experience- Nepal and the World.

Sociologist Dr. Krishna Bhattachan said that which body collects the tax in a federal country depended on consensus between the provinces and the centre.

Reader at Tribhuvan University (TU), Balkrishna Mabuhang gave the example of Pakistan in this context. He said Pakistan cannot be termed a federal country because according to him the Pakistani economy was run by the army bureaucracy.

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Prachanda itches Koirala to turn BRB admin into unity govt

KATHMANDU: UCPN-Maoist Chairman Pushpa Kamal Dahal,aka, Prachanda, reached to Nepali Congress(NC) President Sushil Koirala on Monday morning to urge the latter to transform the incumbent Maoist-led government into a national consensus government.

As a part of ruling parities' decision to hold parleys with the opposition parties on transforming the current Baburam Bhattarai-led administration into a unity government, Dahal had knocked Koirala's door at Maharajgunj today.

The former PM Prachanda reached Koirala’s residence at a time when the opposition parties have said that they would topple the incumbent government through street protests and won't sit for talks with government until Baburam Bhattarai leave the helm.

“ Sushil ji said parties need to discuss on other alternatives as well rather than hastily transforming the incumbent Maoist-led government into an unity government,” said Dahal after attending a half-an-hour meet with NC President Koirala.

“I cannot take decision on this matter single-handedly without consulting with other parties at this critical political juncture,” Dahal said quoting Koirala.
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SC split on picking judges sans parliamentary hearing

KATHMANDU: The Supreme Court today issued a split judgment on whether to appoint justices in the apex court without parliamentary hearing as Parliament does not exist. 

With the division bench of justices pronouncing a split judgment, it is clear that five ad hoc judges will retire on Wednesday and one on January 21 when their contracts finish. 

The bench transferred the case to a full bench of more than three justices as they could not settle the issue. 

The tenure of ad hoc judges Baidhya Nath Upadhayay, Tarka Raj Bhatta, Gyanendra Bahadur Karki, Kamal Narayan Das and Bharat Bahadur Karki is expiring on December 5, while Prakash Osti will retire on January 21. Ad hoc judge Bharat Raj Upreti has already resigned. 

Sources said some ad hoc judges are considering resignation before their term expires. Justice Osti, however, said he is not worried about the consequences. “I don’t care what should be done and what the JC will do,” Osti told The Himalayan Times. An informal emergency meeting of the JC at Chief Justice Khil Raj Regmi’s residence, which Prime Minister Baburam Bhattarai attended, discussed the matter. “The PM assured us he would try to issue an ordinance and also forge consensus among political parties,” JC member Khem Narayan Dhungana said. Regmi, however, refused to elaborate. “We are still considering what should be done,” he added. 

Stating that Article 155 (1) of the Interim Constitution, according to which parliamentary hearing prior to appointment of Supreme Court justices is mandatory, Justice Shah declined to issue mandamus order to the JC to appoint judges without parliamentary hearing. He also pointed out errors of the writ petitioner who demanded the order but did not make the Chief Justice, who is the appointing authority, defendant. Besides, he stated that both the demands for tenure extension for ad hoc judge or appointment without parliamentary hearing were unconstitutional. 

“Since the Judicial Council itself is competent enough to decide, there is no need to issue order in the name of JC,” Shah said. According to him, the JC can decide to recommend.

Justice Lal, however, issued a directive order in the name of JC to fill vacancies in the Supreme Court by informing the Parliamentary Hearing Special Committee, keeping in mind the qualifications of the ad hoc judges and other qualified persons to take decisions. 

In his dissenting opinion, Justice Lal stated there was no possibility of parliamentary hearing in the absence of parliament and there was no guarantee a new parliament would be formed at the earliest. Hence, the provision of parliamentary hearing as per Article 155 cannot be effective. 

Full bench not possible: JC member

KATHMANDU: JC member Khem Narayan Dhungana said the Supreme Court verdict has further complicated the issue. “We were waiting for the bench to give a way out but it did not. Instead the crisis has worsened because the apex court cannot decide the case,” Dhungana added. There must be three justices to test the issue, but Chief Justice Khil Raj Regmi and senior justice Damodar Prasad Sharma cannot test the issue because they represent the JC, which itself is the defendant in the case. Justices Ram Kumar Prasad Shah and Girish Chandra Lal cannot share the bench either because they have expressed their opinion in Sunday’s verdict. The remaining two justices Kalyan Shrestha and Sushila Karki are not sufficient to form a three-member full bench. Constitutional expert Tikaram Bhattarai said the issue has become more complicated and no authority can decide when the case is referred to the full bench.

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NC‚ CPN-M to topple govt through street protests

KATHMANDU:Amid the opposition parties’ increasing rancour against the Baburam Bhattarai-led government and clamour for a national unity government under a different leadership, the Nepali Congress and the CPN-Maoist today announced at a joint meeting that they will topple the incumbent government through street protests. 

The opposition parties’ stance notwithstanding, the Unified CPN-Maoist, the main constituent in the ruling coalition, reiterated that the opposition parties will ultimately join the incumbent government and give it a national shape, saying removing Prime Minister Baburam Bhattarai is against the constitution. 

While UCPN-M spokesman Agni Sapkota echoed this at a regular press briefing today, Maoist sources claimed that party Chairman Pushpa Kamal Dahal has been doing spadework to replace Bhattarai and hold the mantle himself. They claimed Dahal is forcing the opposition to support him by defaming PM Bhattarai. 

Though the President-set deadline for naming the consensus candidate for a consensus government ends in four days, major parties are busy locking horns over the government leadership.

The meeting of the UCPN-M office-bearers held at Dahal’s Lazimpat residence this morning decided to take initiatives for transforming the incumbent government into a unity dispensation.

Following the meeting with CPN-M leaders CP Gajurel and Dev Gurung, NC president Sushil Koirala clarified that a national unity government is not possible under any leader of the ruling coalition. “We decided to pick leader for such a government, who is not part of the coalition,” he told reporters after a meeting at his Maharajgunj-based residence this morning. CPN-M secretary Gurung said the two parties have agreed to launch street movements to topple the government as Bhattarai is bent on clinging to power.

Meanwhile, CPN-UML Chairman Jhala Nath Khanal today said turning the Bhattarai-led government into a consensus dispensation is out of the question, taking exception to the President’s suggestion that it will be better if the parties join the incumbent government. “I reiterate it is not possible to form a consensus government under Bhattarai’s leadership,” Khanal told reporters at his Dallu residence this morning. 

He said the incumbent government is the stumbling block on the path of consensus, without which holding fresh elections in May will be next to impossible.

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Local govt representatives' integrity in question

KATHMANDU: Local Development Secretary Shanta Bahadur Shrestha today questioned the integrity of Village Development Committee secretaries, who represent the government at the grassroot level. 

Speaking at a press meet, he said they can no longer accept pay slips coming from these secretaries without a grain of suspicion. 

Secretary Shrestha informed that secretary of Saptari district’s Bairawa VDC, Dev Narayan Shah, had furnished pay slips of Rs 1.47 lakh, the social security allowance meant for 49 widows aged below 60 years in January last year. Later, a team under Deputy Prime Minister Narayan Kaji Shrestha, which monitored the district on November 20-24, found that the widows, entitled to a monthly pay of Rs 500, had not received the sum. 

Secretary Shrestha showed documents that 20 widows, including Jogida Khatun of Bairawa, Saptari, had furnished to show they did not receive any allowance last year. 

The ministry today suspended Shah and three other VDC secretaries, three engineers and an overseer based in Saptari after finding their involvement in irregularities. It found that Dandha VDC secretary Narayan Yadav, Banainiya VDC secretary Dev Naryayan Yadav and Didhawa VDC secretary Baladev Yadav had misappropriated social security allowance and other funds in their VDCs, according to a press release. 

Deputy spokesman for the ministry, Dhan Bahadur Shrestha, informed that an in-depth investigation into fake pay slips is on.

Engineers Laxmi Prasad Chaudhari, Tej Narayan Bajpeyi, Kishor Shah and sub-engineer Khursed Ikram, all based in Saptari, got suspended after the probe found their involvement in multiple cases of substandard road construction. 

A similar monitoring in Dhanusha had led to suspension of 18 VDC secretaries and referral of their cases to the Commission for the Investigation of Abuse of Authority for a further probe. Secretary Shrestha said the team had sought an investigation in all 91 VDCs of Dhanusha anticipating rampant corruption there. 

It is not a case of one or two districts, though. 

During its monitoring, the team found that Kathmandu Metropolitan City and Kathmandu District Development Committee to have awarded tenders for parking lot management without public notice and renewed the contracts without adhering to KMC rules. 

Deputy spokesman Shrestha cited the absence of elected local bodies as the major reason behind rampant corruption.
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Economy to grow by 4.6pc

KATHMANDU: Nepal Rastra Bank (NRB) has projected an economic growth of 4.67 per cent for the current fiscal year, despite poor harvest 

due to the late monsoon and shortage of chemical fertilisers during the harvesting season, and also despite the lack of a budget that could have helped the economy.

“Apart from the agriculture sector, industrial and service sectors were also not able to perform better due to the prolonged political transition coupled with structural problems in the economy,” the central bank said in its study report that was formulated after a survey of 42 districts of the country.

Despite a 32 per cent increment of finance in agriculture in the last fiscal year, major crops — paddy (-six per cent), maize (-five per cent), wheat 

(-0.2 per cent) — recorded drop in production, the report said, adding that the overall performance of the agriculture sector — that contributes around 33 per cent to the gross domestic product (GDP) — will, however, be satisfactory.

Likewise, industries were not able to utilise half their production capacity in the last fiscal year. “The industries were able to utilise only 58 per cent of their capacity in the last fiscal year,” the report said, “The production of cigarettes, soaps and biscuits have declined. Industrial lending has also increased by 16 per cent.”

Increasing labour cost due to frequent strikes, and rising prices of raw materials, have been posing challenges for domestic products to compete in the international market and bridge the ballooning trade deficit apart from product and market diversification. 

The low confidence of the domestic private sector has also made it difficult to attract foreign direct investment in the country, according to the central bank. “Lack of infrastructure development has also hit the industrial sector hard.”

The tourism sector has performed satisfactorily, whereas the real estate sector was still under pressure, though it has contributed more revenue to the government coffer as compared to a fiscal year ago, it said, adding that transportation, communication, education and service sectors have expanded in the last fiscal year.

The central bank has concluded that due to the contracting industrial sector coupled with the over exposure of banks and financial institutions in urban areas, and land and housing, financial resources could also not be mobilised efficiently, which will hurt the economy. 

The central bank’s offices located in Kathmandu, Pokhara, Biratnagar, Janakpur, Birgunj, Siddharthanagar, Nepalgunj and Dhangadi were involved 

in the study.
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Sapkota firm on Bhattarai-led unity govt

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KATHMANDU: UCPN-M Spokesperson Agni Sapkota claimed that the national unity government would be formed under the leadership of Prime Minister Baburam Bhattarai.

Sooner or later all the opposition parties should accept the Bhattarai-led government, Sapkota said in a meeting with journalists on Sunday.

Sapkota reiterated this statement at a time when major opposition parties including Nepali Congress (NC), CPN-UML and CPN-M are saying that the Baburam Bhattarai-led government is unacceptable to them.

Earlier on Saturday, UCPN-M Chairman Pushpa Kamal Dahal claimed that the NC and UML will accept the Baburam Bhattarai government.

The meeting of party office bearers convened on Sunday decided to initiate the formation of national unity government under PM Baburam Bhattarai.

Sapkota claimed that the opposition is poisoning the President’s mind and dragging him into controversy.

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CNN Heroes Award 2012: Will Pushpa bag‚ after Koirala

KATHMANDU: Pushpa Basnet a 28-year old Nepali female, who has been nominated for CNN Heroes Award 2012, will be joining eminent celebrities and personalities in the world ranging from “actors, musicians and athletes,” on Sunday night where top 10 nominates will be honoured for their endeavours to make world a better place to live in.

Identified to world as Nepali social worker, Pushpa Basnet has founded the Butterfly Home, and the Early Childhood Development Center, to provide a refuge to children who were languishing inside the Nepali prisons along with their parents.

Basnet runs a day care programme for children under six and a residential home where mostly older children receive education, food, medical care and a chance to live a more normal life.

"It's not fair for (these) children to live in the prison because they haven't done anything wrong," CNN earlier had quoted Basnet as saying.

"My mission is to make sure no child grows up behind prison walls."

Last year, Anuradha Koirala, a campaigner known for her anti-human trafficking drive through her non-profit making organisation Maiti Nepal, was named the CNN Hero. It was the first time that a Nepali had bagged the high-status international award.

It has been reported that  those who have been nominated for CNN Heroes Award 2012 receives “a $50,000 grant to continue their life-changing work, whether it's helping child caregivers in Florida, rape victims in Haiti or schoolgirls in Afghanistan.

The programme will be telecasted live from the Shrine Auditorium in Los Angeles.

CNN says: An All-Star Tribute" will air live Sunday at 9 p.m. ET/6 p.m. PT on CNN's global networks. You can also follow the show via live blog at CNN.com/Backstage.

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CPN-M‚ NC adamant on ousting Bhattarai

KATHMANDU: Nepali Congress (NC) and CPN-Maoist reached the conclusion that both the parties would not accept the Baburam Bhattarai-led unity government.

At a time when UCPN-M Chair Pushpa Kamal Dahal has been emphasising that the national unity government will be led by Baburam Bhattarai, NC and CPN-M are united against it.

In a meeting held between CPN-Maoist vice-chairman CP Gajurel, leader Dev Gurung and President Sushil Koirala at the latter’s residence in Maharajgunj on Sunday, they decided that they will hit the streets together to remove the incumbent government.

There is no alternative to ousting the Bhattarai government, Dev Gurung said after the meeting.

CPN-M Secretary Gurung claimed that the tenure of the incumbent government was already over; adding that the Bhattarai led government is still in power owing to the President’s decision to approve the ordinance related to the budget.

Gurung underscored that crying for the formation of national unity government prior to the resignation of Baburam Bhattarai is pointless.

On the occasion, Koirala also said the Baburam Bhattarai-led consensus government will not be acceptable to his party.

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