Kathmandu, February 1, 2006

A Public Interest Litigation (PIL) was filed today in the Supreme Court seeking the apex court’s order to annul several provisions in the Military Act 1959 that the petitioner said contradict with the country’s constitution. The writ petitioner claimed that there are over one-and-a-half dozen of provisions in the Act that contradict with the Constitution regarding the military operation and army mobilisation. “The Constitution has made the provision of the Security Council to mobilise the army but the Act has provisions to mobilise the army with the command of the King,” the petitioner claimed. “Despite the Constitutional provision (Article 118) to mobilise the army with the decision of the Security Council headed by Prime Minister, the Military Act has provision that say the army should be operated with the command of the King. The Act also has provisions under which the King can keep forces for his use,” the petitioner states. Advocate Bharat Mani Gautam filed the petition seeking the Supreme Court order to nullify the provisions, which contradict with the Constitution. The PMO, the Ministry of Defence, Ministry of Law, Justice and Parliamentary Affairs and Parliament Secretariat have been made defendants in the case. The petitioner also sought certiorari and other necessary orders in this regard.

King’s rule has been bad news for journalists: IFJ

Kathmandu, February 1, 2006

A report of the International Federation of Journalists on the state of press freedom in Nepal today depicted the one year of the king’s direct rule as threatening to free press. “Despite valiant efforts of Nepali journalists, international bodies and human rights organisations, the situation in Nepal has not improved, with events in recent weeks bearing witness to further deterioration of basic freedom and civil rights in the country,” the report said. IFJ general secretary Aidan White released the report here today. According to the report, the situation of journalists and Nepali people is only worsening as the government continues to firmly and brutally exert its control over the country. It pointed out that at least three journalists were killed after February 1 last year. In the months immediately after the royal takeover, there were countless incidents of journalists being threatened and harassed by security forces as well as by civil authorities. The Maoists also exerted pressure on journalists, giving similar threats for writing anti-Maoist stories or for allegedly being pro-monarchist. “The pattern of daily arrests and short detentions appears to be one of the strategies used by the army to intimidate journalists and crush peaceful dissent by the media community,” the report said.