Nepal's biggest 'match-fixing' mess: When the referee is also a player

Controversial appointments in regulatory bodies increase workload of CIAA and the Supreme Court

What happens, if a referee sides with one team in a football match or referee starts scoring goals oneself or a referee allows one team or a particular player to score goal with hand, or allows make illegal tackle?

Disaster!

In such a case, not only the referee is banned but the game of football is also banned, and the whole stadium comes down infuriated, and protest the rigging. In few football-crazy nations, referees and players have even been attacked on the field by the fans.

And that’s what happening in Nepal’s economy. Even worse, in Nepal many a times, referee and player become the same person.

A free market and a football game may seem worlds apart but both operate on the same basis of competition, rules, and performance.

In a football game, two teams compete against each other to score goals and win the match. Similarly, in a free market, various companies compete to offer better goods and services to attract consumers and generate profit. The objective, in both systems, is to outperform rivals – by scoring more goals in football or by winning over more customers in market – but both play by rules, and books.

In a market economy, the players are private sector, and the referee is the regulatory body. For the economy to operate, the regulator must be independent, impartial, competent, and uphold high ethical standards, just like a fair football referee.

If the regulator is free, impartial with high moral – apart from having the required qualification – it can guide the market through free and fair competitive practice, otherwise, it will be a disaster.

Like the referee is solely responsible to make the game disciplined, fair and competitive, the regulator is responsible to make the market disciplined, free, fair and competitive.

Thus, both systems rely on rules and referees. In football, the game is governed by clear rules enforced by referees, ensuring fair play and penalizing fouls.

Similarly, in a market economy, laws and regulatory institutions play a similar role – ensuring fair competition, enforcing contracts, and preventing malpractices like fraud or monopolies, or conflict of interest.

Just as bad refereeing ruins a football match, poor regulation destroys markets. If regulators don’t play their role or start bending the rules or flexing muscle, the market system collapses. That’s precisely what is happening in Nepal.

When regulators shirk their responsibilities or manipulate rules, short-term gains may go to interest groups like the 'Thermal Gun Gang', but the entire economy has to bear the cost, in the long-term.

Thus, Nepal’s current economic issues didn’t arise overnight. Vested interest groups, empowered by political parties and their leaders, have been manipulating the rules, cheating the system, and sidelining genuine players, leading to the present crisis. It’s a systemic problem – a result of deep-rooted collusion between vested interested groups, rent-seekers, and political actors.

Just like referees in football don’t control how players move or pass, market regulators also don’t direct how businesses operate neither do they take part in the competition; they simply ensure the rules are followed or not.

But in Nepal, referee dictate the player how to play, and in some cases, also move the goal post or manipulate the size of the goal post, and change the rule of the game after the players enter the play-ground. That too, in the order of vested interested groups like ‘Thermal Gun Gang’.

The concept of a market system is being distorted into a free-for-all in Nepal as these vested groups (mis)use regulatory institutions to instruct businesses on how to operate – instead of ensuring free, fair and competitive environment – and protect their own vested interests. Like a referee telling players how to play football, the economy is now under stress due to such regulatory interference.

As a result, in Nepal, not only entrepreneurs but also ordinary people, who follow rules, are increasingly seen as fools. The narrative being set – of course by vested interests, political parties, and even the bureaucracy – is that ‘breaking rules’ is smartness and obeying the law and order is stupidity.

In a society, where flouting laws is celebrated and thought heroic, democracy, freedom of expression, and entrepreneurship become a joke. Cheaters become leaders; and honest ones die hungry.

However, there is an important difference between football game and market too. A football game usually has one winner and the other loser, after a fixed time period, making it a zero-sum contest. In contrast, the market allows all to win – a business can succeed by creating value, and consumers also benefit from getting better quality products and services in cheaper price, and the government also benefits as it gets more revenue.

Nepali market has also seen and experienced such benefits, be it in the case of telecom sector or aviation services. After the entry of Ncell in the market, Nepal Telcom’s service and quality improved and prices came down making it accessible to more people. Both the players, Ncell and Nepal Telecom, generated good profit, consumers got cheaper and better-quality service, and the government also received more revenue.

Similarly, after the autonomy of the Nepal Rastra Bank (NRB), the banks and financial institutions (BFIs) have been encouraged to play fair and competitive. Despite being autonomous and the most successful and professional regulator in Nepal, Nepal Rastra Bank is, also sometimes mired into controversies, let alone other regulators like Securities Board Nepal (SEBON), Nepal Insurance Authority (NIA), Nepal Telecommunications Authority (NTA) and Civil Aviation Authority of Nepal (CAAN), which are neither autonomous nor able to reflect any professional and impartial character.

Even worse lately, the appointments in these regulators have been controversial due to political interference, lack of transparency in selection process and compromise in accountability mechanisms.

Moreover, the Commission for the Investigation of Abuse of Authority (CIAA) is flooded with complaints – with proofs – and the Supreme Court is busy with such cases claiming that the appointments are rigged.

CIAA is currently investigating into a complaint alleging that the work experience documents submitted by the chairman of the Nepal Telecommunications Authority (NTA) Bhupendra Bhandari are fake. The complaint, filed by a civil society group working on good governance, claims that the documents Bhandari submitted during his appointment process are forged. The group submitted the complaint to the CIAA along with the related documents.

Similarly, the CIAA has also started the investigation into the work experience documents submitted by the chairman of Nepal Insurance Authority (NIA) Sarad Ojha. Ojha’s alleged fake work experience documents’ case is also under consideration of Supreme Court. After the CIAA probe, the Finance Ministry is also trying to relieve him or suspend him to escape the CIAA further probe.

Nepal Insurance Authority, as a regulator, lost credibility among stakeholders, especially at a time when the insurance sector is under pressure to merge, digitize, and follow stricter compliance rules, and to build confidence of the sector that has immense scope for growth.

The appointment of NIA chairman Ojha allegedly bypassed the standard open competition and recommendation procedure outlined in law (as per the Insurance Act and public official selection norms), apart from the alleged forged work experience documents. The forgery of government documents is a serious offence. “Government document forgery is a criminal offence that attract cash and jail term both,” according to advocate Jagdish Dahal.

And the Finance Ministry’s delay in taking action against such serious allegation is strengthening the voices of critics, who claim the appointment was politically motivated and intended to bring someone pliable to the chair, particularly as the Nepal Insurance Authority was overseeing major issues like disputes over reinsurance monopoly, insurance mergers and policy reforms.

The Insurance Act (2079 BS) mandates at least five years of high-level managerial experience in related sector and a minimum age of 35 years. Critics claim Ojha did not meet these criteria, as he was only 33 at the time of appointment, and worked part-time as an insurance agent and college lecturer, not as a senior manager.

Likewise, a complaint filed with the CIAA alleges Ojha submitted fabricated work-experience certificates, including managerial roles at a media house to meet eligibility. A Supreme Court writ petition mirrored these claims, urging annulment of the appointment based on deceitful documentation.

After his appointment, Ojha, in April 2025, modified a directive concerning foreign employment insurance pools delaying equitable fund distribution by one year, reversing a decision by his predecessor Surya Prasad Silwal. The parliamentarians from CPN (Maoist Centre) called for a parliamentary investigation into his appointment and amendments, accusing the government of abusing its authority.

However, the Supreme Court issued show-cause notices on Ojha’s appointment, but no final verdict or restraint has been issued yet. The Court is examining the legal validity of documentation and the cabinet’s authority in superseding statutory criteria, which signals signs of deeper governance failures in appointment of regulatory institutions.

Likewise, the controversies in appointments in regulatory institutions do not stop here. The CAAN and SEBON chairmen’s controversies have become regular headlines eroding institutional credibility, increased investor and public distrust, and suggesting the institutional capture by the vested interested groups, also called middlemen by public, like ‘Thermal Gun Gang’.

The accusation that certain vested interested groups like ‘Thermal Gun Gang’ and political actors wanted to weaken the regulatory authority so they could operate with less scrutiny – especially amid rising complaints about irregularities in actions by the regulators in the financial sector.

Thus, Ojha’s appointment, like other recent regulator placements, is viewed as politically motivated and aimed at installing loyalists, circumventing meritocracy, which fits a broader pattern: appointments in SEBON and NTA.

Similarly, the SEBON chairman Santosh Narayan Shrestha’s act of approving Initial Public Offering (IPO) of companies with dubious fundamentals and no clear ownership like Trade Tower Ltd, and asking commission to approve the IPOs of hydropower companies in pipeline, is the case of capital market distortions and exploitation of largely unsupervised capital markets.

Apart from that fast-tracking the IPO approval of Bungal hydropower, a company with Shrestha’s personal investment, is a clear case of conflict of interest, and a case study – for Nepal’s intelligentsia – where the referee and player is the same person.

Thus, the Finance Committee under the Parliament, on Thursday, sought explanation on approval of Bungal Hydro, and also Shrestha’s suspicious determination to award license to the second stock exchange without reforming the Nepal Stock Exchange (Nepse).

Though Shrestha tried to explain in Finance Committee on Thursday that he did not ask for commission to approve the IPO, but the Independent Power Producers Association of Nepal (IPPAN), institutionally and individual energy entrepreneurs have been accusing him of sending his henchmen to bargain for commission for IPO approval.

Moreover, another complaint against the SEBON chair Shrestha is also registered at the Parliamentary Accounts Committee (PAC) and CIAA.

However, the appointment controversy at the regulatory institutions is emblematic of a larger systemic issue, and it’s not overnight.

Inexperienced, politically aligned appointees undermine regulatory bodies’ technical competence and independence, which in the long run, erode business confidence, and pull the country down towards degrowth.

Both the market and football thrive on competition, skill, rules, and accountability, and of course the referee’s or the regulator’s operation. While one plays out on the field and the other in the economy, both reflect the importance of fair play, innovation, and strategic thinking in achieving success.

Thus, the nexus between vested interested groups – often operating as middlemen or power brokers like ‘Thermal Gun Gang’ – and politicians in Nepal has had a corrosive effect on regulatory institutions, weakening the rule of law, distorting economic incentives, and undermining business confidence.

The crowding out of genuine entrepreneurs – new or non-aligned businesses – who will always remain struggling to compete with cronies getting favourable rules and inside information, distorting the market, will lead to the market failure, and economic collapse.

That’s why vested interested groups-political networks lobby against laws that threaten their rent-seeking positions like competition law, digital payments regulation, anti-money laundering measures, and conflict of interest.

They try to block independent oversight, audit, or regulatory modernization, which will distract legitimate investors including foreign direct investment (FDI) as it will be too risky and unpredictable business environment to invest in Nepal. And such worse condition promotes outmigration of capital and talent.

The capture of regulatory institutions by a nexus of vested interested groups like ‘Thermal Gun Gang’ and politicians create a toxic ecosystem in economy that breeds corruption, inefficiency, and distrust, eroding the foundations of the economy.

Thus, restoring business confidence in Nepal requires independent regulatory bodies, strong conflict-of-interest laws, transparent procurement and IPO processes, depoliticization of the bureaucracy, and active civil society and investigative journalism. Unless systemic reform breaks this alliance, Nepali economy risks prolonged stagnation and a deeper legitimacy crisis.
(Published at Nepalkhabar on July 14 -- https://en.nepalkhabar.com/news/detail/14612/)

खेलाडी पनि आफैँ, रेफ्री पनि आफैँ : नेपालमा चलिरहेको सबैभन्दा ठूलो ‘म्याच–फिक्सिङ’

नियामक निकायमा धमाधम सेटिङका मान्छे भर्दै सरकार, अख्तियार र सर्वोच्चको काम बढेको बढ्यै

मानौँ, फुटबल खेलमा रेफ्रीले एउटा टिमको पक्षमा निर्णय गर्‍यो वा रेफ्री आफैले गोल हान्न थाल्यो वा रेफ्रीले कुनै एक टिमलाई हातले गोल गर्न वा गलत ट्याकल गर्न छुट दियो भने के हुन्छ?

खेलको बरबाद!

यस्ता निकृष्ट क्रियाकलाप गर्ने हो भने त्यस्तो व्यक्ति प्रतिबन्धित मात्र हुँदैनन्, रंगशालामा खेल हेर्न आएका सम्पूर्ण खेलप्रेमी दर्शक पनि आक्रोशित हुन्छन्, विरोध गर्दछन्। अझ फुटबलको उन्मादी प्रशंसक भएका देशहरूमा त रेफ्री र खेलाडीहरूमाथि मैदानमै आक्रमण पनि भएका छन्।

हो, नेपालको अर्थतन्त्रमा पनि अहिले त्यस्तै हुँदैछ। नेपालको अर्थतन्त्र त्यस्तो फुटबल खेलजस्तै बनिसकेको छ, जहाँ रेफ्री आफै खेलाडी हुने गरेका छन्। नेपालमा रेफ्री पनि आफै, खेलाडि पनि आफै कसरी भइरहेका छन् अलि पछि व्याख्या गरौँला, पहिला बजार के हो र कसरी चल्छ– हेरौँ।

बजार अर्थतन्त्रमा खेलाडी निजी क्षेत्र हो भने रेफ्री नियामक निकाय हो। त्यसैले अर्थतन्त्रमा विकृति नल्याउन नियामक स्वतन्त्र, निष्पक्ष र आवश्यक योग्यतासहित उच्च नैतिकता भएको चरित्रवान् हुनुपर्छ। फुटबल खेलमा रेफ्रीले झैँ नियामकले पनि स्वतन्त्र र निष्पक्ष तथा प्रतिस्पर्धात्मक अभ्यासमार्फत बजारलाई मार्गदर्शन गर्नुपर्छ।

हुन त फुटबल खेल र खुला बजार दुई पृथक क्षेत्रजस्ता लाग्दछन्। तर, दुवै प्रतिस्पर्धा, नियम र अनुशासनमा आधारित हुन्छन्।

फुटबलमा दुई टिम एक अर्कासँग प्रतिस्पर्धा गर्छन् र बढीभन्दा बढी गोल गरेर खेल जित्ने प्रयास गर्छन्। यस्तै, खुला बजारमा विभिन्न उद्योग, कम्पनी र उद्यमीहरूले उपभोक्तालाई आकर्षित गर्न र नाफा कमाउन प्रतिस्पर्धात्मक रूपमा उत्कृष्ट सेवा प्रदान गर्छन् वा गुणस्तरीय वस्तु बेच्छन्।

फुटबल तथा खुला बजार वा बजार अर्थतन्त्र दुवैको उद्देश्य आफ्ना प्रतिद्वन्द्वीलाई खुला प्रतिस्पधामार्फत हराउनु हो। फुटबलमा बढी गोल गरेर जितेजस्तै बजारमा पनि आफ्ना उत्कृष्ट तथा गुणस्तरीय वस्तु तथा सेवाको माध्यमले बढीभन्दा बढी ग्राहकको मन जितेर प्रतिस्पर्धा गर्नु र नाफा कमाउनु नै बजार चलायमान हुनु हो। अर्थतन्त्र यसरी नै चल्छ। 

फुटबल तथा खुला बजार दुवैमा नियमको पालना निष्ठापूर्वक गरिन्छ। नियम पालना गरेरै प्रतिस्पर्धात्मक खेल खेलिन्छ र जितिन्छ। त्यस्तै, उद्यम, व्यापार वा व्यवसायमा पनि प्रतिस्पर्धा गरिन्छ र नाफा कमाइन्छ।

यसैगरी, फुटबलमा रेफ्रीले खेललाई अनुशासित, निष्पक्ष र प्रतिस्पर्धात्मक बनाउन भूमिका खेल्छ अनि नियामकले अनुशासित, स्वतन्त्र, निष्पक्ष र प्रतिस्पर्धात्मक बजार बनाउने काम गर्दछ।

नियम र रेफ्रीमा भर पर्ने फुटबलमा जसरी रेफ्रीले गलत निर्णय गर्‍यो भने खेल बिग्रन्छ, त्यसैगरी नियम तथा नियामकमा भर पर्ने बजारमा पनि नियामकले आफ्नो भूमिका नखेले, खेल्न नखोजे वा नियम तोडमरोड गरे बजार प्रणाली नै धराशायी हुन्छ। अहिले नेपालमा भइरहेको त्यही हो। बजारमा नियामकले आफ्नो भूमिका नखेले, खेल्न नखोजे वा नियम तोडमरोड गरे केही समय ‘थर्मल गन ग्याङ’जस्ता बिचौलिया स्वार्थ समूहलाई फाइदा होला तर दीर्घकालीन रूपमा अर्थतन्त्र समस्यामा पर्दछ। सम्पूर्ण नेपालीले यसको नकारात्मक असर भोग्नु पर्दछ।

त्यसैले नेपालको अर्थतन्त्रमा आज आएको समस्या रातारात आएको होइन। राजनीतिक दल तथा दलका नेताका सहयोगमा ‘थर्मल गन ग्याङ’जस्ता स्वार्थ समूह तथा भुइँफट्टा वर्गले बजार प्रणालीको नियम मिचेर, झेली गरेर खेल्दा तथा अरु खेलाडीलाई फल हानेर गोल गर्न खोज्दा आज अर्थतन्त्रमा समस्या आएको हो। अर्थात् यो प्रणालीगत समस्या हो। अर्थतन्त्रमा प्रणालीगत समस्या आउनुमा ‘थर्मल गन ग्याङ’जस्ता स्वार्थ समूह तथा भुइँफट्टा वर्गदेखि राजनीतिक दल र दलका नेता सबैको उत्तिकै योगदान छ।

किनकि, जसरी फुटबल खेलमा रेफ्रीले खेलाडीहरू कसरी दौडिन्छन् वा पास गर्छन् भन्नेमा हस्तक्षेप गर्दैन, त्यसैगरी बजारमा नियामकले पनि व्यवसाय कसरी चलाउने भनेर निर्देशन दिँदैन। तर, बजारमा खेलाडीको भूमिका तथा उसले नियम पालना गर्‍यो कि गरेन भन्ने कडा निगरानी गर्दछ। यदि नियम पालना नगरे, जसरी फुटबलमा रेफ्रीले खेलाडीलाई गल्तीको गम्भीरता हेरेर चेतावनी दिने (पहेँलो कार्ड)देखि खेल मैदानबाटै निकाल्ने (रातो कार्ड) जस्ता कारबाही गर्दछ, त्यसैगरी नियामकले पनि बजारका खेलाडीलाई गल्तीको गम्भीरताअनुसार कारबाही गर्नु पर्दछ।

तर, नेपालमा ‘थर्मल गन ग्याङ’जस्ता स्वार्थ समूह र भुइँफट्टा वर्गले खुला बजार भनेको लुट्न पाइने अर्थमा बुझाउन थाले। यिनैका इसारामा नियामक निकायले व्यवसाय कसरी चलाउने भनेर निर्देशन दिन थाले। फुटबल खेलमा रेफ्रीले खेलाडीहरू कसरी दौडिने वा पास गर्ने भनेर हस्तक्षेप गरेपछि खेल मैदानमा तनाव उत्पन्न भएजस्तै नेपालको अर्थतन्त्र यतिखेर तनावग्रस्त छ। नियामक निकाय आफ्नो काम गर्दैन तर बजारमा यसरी व्यवसाय गर भनेर सिकाउँछ, त्यो पनि ‘थर्मल गन ग्याङ’जस्ता स्वार्थ समूह र भुइँफट्टा वर्गको इसारामा। 

त्यसैले, नेपालमा नियम कानुन मान्ने उद्योगी व्यवसायी मात्र होइन सामान्य मानिस पनि मूर्ख मानिन थालेका छन्। संघीय गणतन्त्र नेपालमा नियम तोड्नु बहादुरी हो र नियम कानुन मान्नु मूर्खता हो भन्ने भाष्य स्थापना गर्नमा ‘थर्मल गन ग्याङ’लगायतका भुइँफट्टा वर्ग र राजनीतिक दल तथा तिनका नेता अनि कर्मचारीतन्त्रको ठूलो योगदान छ।

जुन देशमा नियम कानुन नमान्नुलाई गौरव मानिन्छ, त्यो देश वा समाजमा लोकतन्त्र वा अभिव्यक्ति स्वतन्त्रता वा उद्यमशीलता भनेको मूर्खले गर्ने हो। स्मार्ट मान्छेले ठगेर खाने हो। किनकि ठगेर खाने नेता बन्छ अनि मेहेनत गर्ने भोकै रहन्छ।

खैर, एकपटक फेरि बजार र फुटबल तिरै फर्कौँ। बजार र फुटबल उस्तै छन् तर यी दुईमा फरक पनि छ। फुटबलमा निश्चित समयपछि एउटा विजेता हुन्छ भने अर्को पराजित हुन्छ तर खुला बजारमा सबै विजेता हुन सक्छन्। खुला बजारमा जजसले प्रतिस्पर्धात्मक रूपमा गुणस्तरीय तथा सस्तो भाउमा सेवा वा वस्तु ग्राहकलाई उपलब्ध गराउन सक्छन्, ती सबै विजेता हुन्छन्।

यस्तो प्रतिस्पर्धात्मक खुला बजारले उपभोक्तालाई पनि फाइदा हुन्छ। कुनै समय टेलिफोनको लाइन लिन घुस ख्वाउनु पर्थ्यो अथवा महँगो मूल्यमा किन्नु पर्थ्यो। तर जब दूरसञ्चार क्षेत्रमा एनसेलको आगमन भयो, तब नेपाल टेलिकमको सेवा पनि प्रतिस्पर्धात्मक, गुणस्तरीय र सस्तो भयो। एनसेल तथा नेपाल टेलिकम दुवैले राम्रै नाफा पनि कमाए। एउटा सही नीतिका कारण सरकारले पनि मनग्य राजस्व पायो।

यस्तै, निजी विमान सेवा कम्पनी आएपछि नेपाल वायुसेवा निगमको महँगो भाडा कम गर्न मद्दत पुगेको छ। नेपालीको आवागमन सहज भनेको छ। किनकि प्रतिस्पर्धाले उपभोक्ता, लगानीकर्ता तथा सरकार सबैलाई फाइदा हुन्छ। 

त्यस्तै, नेपाल राष्ट्र बैंक स्वायत्त नियामक निकाय भएका कारण बैंक तथा वित्तीय संस्थाहरूले प्रतिस्पर्धात्मक ढंगमा काम गर्न पाएका छन्। यदि फेरि राष्ट्र बैंकमाथि सरकारको हैकम चल्न थाले बुझे हुन्छ, नागरिकको बचत रातारात सहकारीमा झैँ सत्ता र सरकारी संयन्त्रमा पहुँच भएका ‘थर्मल गन ग्याङ’जस्ता स्वार्थ समूह र भुइँफट्टा वर्गले कुनबेला पचाइदिन्छ पत्तै हुन्न।

त्यसैले नियामक निकायमा हुने नियुक्ति सर्वसाधारण नागरिकको संवैधानिक हकसँग पनि प्रत्यक्षरूपमा जोडिन्छ। ‘थर्मल गन ग्याङ’जस्ता स्वार्थ समूह र भुइँफट्टा वर्ग नियामक निकायमा कमजोर, लाचार, योग्यता नपुगेका, अनुभवहीन तथा आफ्नो अह्रनखटनमा चल्ने एउटा पात्र उभ्याउन चाहन्छ। त्यसपछि खेलाडी पनि आफै, रेफ्री पनि आफै, डाडुपन्यु दुवै आफ्नै हातमा।

पछिल्ला समयमा नियामक निकायमा भएका सबैजसो नियुक्तिमा विवाद आउनुको एउटा कारण राजनीतिक हस्तक्षेप हो भने अर्को कारण नियामक निकायलाई कमजोर बनाएर बजारमा आफै खेलाडी आफै रेफ्री बन्ने ‘थर्मल गन ग्याङ’जस्ता स्वार्थ समूह र भुइँफट्टा वर्गको चाहना पनि हो। यो अनधिकृत तथा अनैतिक चाहनामा मलजल गर्ने राजनीतिक दल तथा नेतृत्वले जति छिटो फुटबल खेलको सामान्य नियम बुझ्दछ, त्यति छिटो नेपालको अर्थतन्त्र सुधारको बाटोमा जान्छ।

अन्यथा धितोपत्र बोर्ड, नेपाल बीमा प्राधिकरण, नेपाल दूरसञ्चार प्राधिकरण, नागरिक उड्डयन प्राधिकरणजस्ता नियामक निकायहरू न स्वायत्त छन्, न त व्यावसायिक रूपमा निष्पक्षतापूर्वक काम गर्न सकेका छन्। जसका कारण बहुसंख्यक नेपाली पीडित छन्, ‘थर्मल गन ग्याङ’जस्ता केही स्वार्थ समूहको लागि हुने यी नियामक निकायले गरिदिने फाइदाले समग्र अर्थतन्त्रमा योगदान दिँदैन, उल्टो भ्रष्टाचारको जालो बढाएर भूमिगत अर्थतन्त्रलाई मलजल गर्दा नेपाल ढिलोचाँडो एफएटीएफको कालोसूचीमा पर्छ नै।

त्यसैले नेपालमा एउटा पनि योग्य र अनुभवी मान्छे नै नभए झैँ नियामक निकायहरूमा भएका पछिल्ला विवादास्पद नियुक्तिले पारदर्शिता, जवाफदेहिता र योग्यता प्रणालीको धज्जी उडाएका छन्। उदाहरणका लागि, नेपाल दूरसञ्चार प्राधिकरणका अध्यक्ष भूपेन्द्र भण्डारीले पेस गरेको कार्यअनुभवको प्रमाणपत्र नक्कली भएको उजुरीमा अख्तियार दुरूपयोग अनुसन्धान आयोगले छानबिन गरिरहेको छ।

त्यस्तै, बीमा प्राधिकरणका अध्यक्ष शरद ओझाको कार्यअनुभव नक्कली भएको आरोपमा अख्तियारमा छानबिन चलिरहेको छ। त्यति मात्र नभएर सर्वोच्च अदालतले समेत सुनुवाइ थालेको छ। अख्तियारले गम्भीरतापूर्वक छानबिन गरे अर्थमन्त्री नै फस्न सक्ने सम्भावना रहेको चर्चा पनि आजकाल मन्त्रालयमा छ। बढ्दो बीमा मर्जर, डिजिटल रूपान्तरण र नियमनमा कडाइ गर्नुपर्ने समयमै बीमा प्राधिकरणको नेतृत्व विवादमा परेपछि समग्र बीमा क्षेत्रप्रतिको विश्वास घटेको छ। 

ओझाको नियुक्तिमा खुला प्रतिस्पर्धा र कानुनी सिफारिस प्रक्रियाको उल्लंघन गरिएको आरोप पनि छ। बीमा ऐन अनुसार सम्बन्धित विषयमा पाँच वर्षको उच्च व्यवस्थापन अनुभव आवश्यक भए पनि ओझा नियुक्त हुँदा केही बीमा कम्पनीमा एजेन्ट तथा कलेज अध्यापन गरेको अनुभव मात्र थियो। उनले काम गरेको भनेर पेस गरेको कार्यानुभवमा उनले सञ्चारमाध्यममा फरक जिम्मेवारी सम्हाले पनि कार्यानुभव पेस गर्दा भने नक्कली पेस गरेको आरोप छ। उक्त नक्कली प्रमाण अख्तियार र सर्वोच्चमा उजुरीसहित पुगेका कारण अख्तियारमा मात्र नभएर सर्वोच्चले पनि अग्राधिकार दिँदै मंसिरमा पेसी तोकेको छ। सरकारमा नक्कली कागजात पेस गर्नु सरकारी कागजात किर्ते अन्तर्गत पर्दछ, जुन गम्भीर अपराध मानिन्छ।

अधिवक्ता जगदीश दाहालका अनुसार सरकारी कागजात किर्ते फौज्दारी अभियोग हो र यसमा नगद तथा कैद सजाय दुवै हुनसक्छ।

ओझाले आफूलाई नियुक्त गराउने कम्पनीका साहुलाई फाइदा हुनेगरी श्रमिक बीमा कोषसम्बन्धी निर्देशन परिवर्तन गरी एक वर्षसम्म कोष वितरण रोक्ने निर्णय गरेको आरोप पनि छ। कुनै एक कम्पनीको फाइदाका लागि गरिएको यस्तो निर्णयको सांसदहरूले समेत विरोध जनाएका थिए। यसरी कानुन उल्लंघन, नक्कली कार्यानुभवको प्रमाणपत्र, आयु र अनुभवको कमीजस्ता अनेक उजुरीका बाबजुद अर्थ मन्त्रालयले अझै निर्णायक कदम उठाइसकेको छैन। नियामक निकायहरूमा भएका विवादास्पद नियुक्तिका कारण यी नियामक निकायको संस्थागत विश्वसनीयता गुम्दै गएको छ भने समग्र बीमा क्षेत्रको विकास तथा विस्तारमा नकारात्मक असर परिरहेको बीमा कम्पनीहरू बताउँछन्।

यसैगरी, धितोपत्र बोर्ड र नागरिक उड्डयन प्राधिकरणका अध्यक्षहरू पनि विवादमा छन्। अझ धितोपत्र बोर्डका अध्यक्ष सन्तोषनारायण श्रेष्ठ त आफै रेफ्री आफै खेलाडी पनि हुन्। धितोपत्र बोर्डका अध्यक्ष श्रेष्ठमाथि व्यक्तिगत लगानी रहेको जलविद्युत् कम्पनी बुंगल हाइड्रोको आईपीओलाई फास्ट ट्र्याकमा अनुमति दिएको तर पाइपलाइनमा रहेका दर्जनौँ जलविद्युत कम्पनीको आईपीओ स्वीकृतिका लागि कमिसन मागेर पुँजी बजारको विकासलाई अवरुद्ध गरेको आरोप छ। 

स्वतन्त्र ऊर्जा उत्पादक संघ (इप्पान)ले श्रेष्ठले आफ्ना मान्छे पठाएर कमिसनको बार्गेनिङ गरेको आरोप सार्वजनिक रूपमै लगाएको छ। त्यति मात्र होइन, ट्रेड टावर लिमिटेडजस्तो कमजोर वित्तीय अवस्था तथा लिजमा लिएको जग्गाको समयअवधि सकिन लागेका कारण नागरिक सिधै ठगिन सक्ने सम्भावना भएको कम्पनीलाई आईपीओ स्वीकृति दिने, तर सरकारले नै प्रोत्साहन गरेर सरकारी नीतिअनुरूप मुलुकलाई विद्युत् निर्यात गर्न सघाउने जलविद्युत् आयोजनाका आईपीओ भने रोकेर कमिसन मागेको आरोपका बीच श्रेष्ठ नेपालमा लगानीको वातावरण नभएको सन्देश दिन प्रयोग पनि भएका छन्।

आफूलाई नियुक्ति दिलाउने समूहका लागि दोस्रो स्टक एक्सचेन्ज ल्याउन उनी मरिहत्ते गरेर लागेका छन्। बजार सिद्धान्तअनुरूप दोस्रो स्टक एक्सचेन्ज आउँदा नेपाल स्टक एक्सचेन्ज प्रतिस्पर्धी हुनुपर्ने हो। तर हिमालयन रि आएपछि नेपाल रिइन्स्योरेन्स प्रतिस्पर्धी भयो वा हुन दिइयो कि नेपाल रिइन्स्योरेन्सको व्यवसाय खुम्च्याउन नियामक निकायलाई दुरूपयोग गरियो? अनि त्यसबाट के बुझ्ने? रेफ्रीको दुरूपयोग गरेर प्रतिस्पर्धी टोलीका लागि गोलपोस्ट नै सार्ने वा सानो बनाउने खेल खेलिँदैन दोस्रो स्टक एक्सचेन्जमा पनि भन्ने के ग्यारेन्टी छ त? सरकार र सत्तामा मात्र नभएर प्रधानमन्त्रीको शयनकक्षसम्म पहुँच भएकाहरूले मैदानमा पसिसकेपछि खेलको नियम नै परिवर्तन गरेका थुप्रै उदाहरण छन्।

त्यसैले नियामक निकायले निजीक्षेत्रमैत्री प्रतिस्पर्धी वातावरण सिर्जना गर्नुको सट्टा आफ्ना मालिकअनुकूल नियम बनाउने अनि बजारमा प्रतिस्पर्धीलाई छल्ने जस्ता कार्य गर्दा संस्थागत भ्रष्टाचारका प्रवृत्ति बढेको छ र सर्वसाधारणको लागि गरिखाने अवसर संकुचित हुँदै गएको छ।

‘थर्मल गन ग्याङ’जस्ता स्वार्थ समूह र भुइँफट्टा वर्ग वा सर्वसाधारणको भाषामा भन्दा बिचौलियाले नियामक निकायमाथि कब्जा गर्दा सरकार आफैले सहजीकरण गरिदिनुले नवउद्यमी वा नियम कानुनभित्र बसेर उद्यम गर्छु भन्ने नेपाली युवा नेपालमा बस्ने वातावरण छैन। देशमा निराशा बढ्दो छ।

यस्तै परिस्थिति रहिरहे नेपालमा वैदेशिक लगानी घट्ने तथा विश्वसनीय लगानीकर्ता पलायन हुने, दक्ष जनशक्ति विदेश पलायन हुने, प्रतिस्पर्धी बजारको क्षयीककरण हुने, नियामक निकायको पतन हुने अनि सरकारी निकाय र न्याय प्रणालीमाथि अविश्वास बढ्दै जानेछ। 

त्यसैले नेपालको अर्थतन्त्रमा विश्वास पुनःस्थापना गर्न स्वतन्त्र नियामक निकाय र यी नियामक निकायमा सक्षम तथा उच्च नैतिक चरित्रको नियुक्ति, सशक्त र पारदर्शी नियम, कर्मचारीतन्त्रप्रति कठोर सरकार तथा सक्रिय नागरिक समाज अनि अनुसन्धान पत्रकारिता अत्यावश्यक छन्।

अन्तमा, जबसम्म प्रणालीगत सुधारमार्फत राजनीतिज्ञ र ‘थर्मल गन ग्याङ’जस्ता स्वार्थ समूह अनि भुइँफट्टा वर्गको गठबन्धनलाई तोड्न सकिन्न, तबसम्म नेपालमा विकृत अर्थ व्यवस्था चलिरहन्छ। 

(Published at Nepalkhabar on July 

Nepal deports 'The Serpent'

Nepal today deported the French national Charles Sobhraj, who is notoriously known as 'The Serpent' or 'bikini killer'.

Amid tight security, the Immigration Department saw Sobhraj off at the Tribhuvan International Airport (TIA) as he boarded Doha-bound Qatar Airways flight QR 647 at 6 pm to fly back to France. 

The French Embassy in Kathmandu provided necessary travel documents for the deportation of the 78-year-old Sobhraj, who was freed from the Central Jail at Sundhara in Kathmandu today afternoon, after serving 19 years behind the bars.

He is scheduled to land in Doha at 9:30 pm, from where he will fly to Paris on another Qatar Airways flight QR41 at 1:25 am to land in Paris at 6:35 am on Saturday morning. "I will celebrate Christmas in France," he is quoted saying to the immigration officials.

Sobhraj will be barred from entering Nepal for the next ten years, according to joint secretary and spokesperson of Home Ministry Fanindra Mani Pokharel.

The septuagenarian was taken to the TIA immediately from the Immigration Department after getting travel document from the French Embassy in Kathmandu. Though, the Supreme Court, on Wednesday, has ordered the government to deport him within 15 days, the Home Ministry today directed the Immigration Department, that was preparing to keep him in Dillibazar Prison in case his paperwork delayed, to deport Sobhraj immediately today, due to security threat.

The Central jail that had planned to release him yesterday had also postponed it for today saying that some official procedures were not complete to set him free from prison, and there is no secure place in Immigration Department to keep him.

According to Wednesday's Supreme Court order, Charles Sobhraj needs to be sent back to his country in the next 15 days. Sobhraj, also wanted to spend some more time in Kathmandu and undergo medical treatment for his heart problems. "But due to security reasons, we could not fulfil his wishes," a source at the Home Ministry said.

After being released from Central jail and handed over to the Immigration Department today afternoon, he refused to meet anyone, including journalists, his lawyer Sakuntala Thapa and alleged wife Nihita Bishwas, who had been trying to get him out of the jail from the beginning.

Sobhraj’s lawyers had long been demanding the court’s intervention for clemency. In different petitions they had demanded a waiver of his jail sentence, citing provisions of Clause 12 (1) of the Senior Citizens Act 2063. According to Nepal law, inmates, who have shown good character and completed 75 per cent of their jail term to be released.

A joint bench of Justices Sapana Pradhan Malla and Til Prasad Shrestha hearing a habeas corpus petition lodged by Sobhraj ordered his release on Wednesday, if he need not be jailed for another case, and added that arrangements be made to return the French citizen back to his country within 15 days.

Sobhraj pointed in his petition that he has already served 19 years and is 78 years old.  

Kathmandu and Bhaktapur district courts had found him guilty in murder of American and Canadian citizens in 1975. He was ruled to have murdered American citizen Connie Jo Bronzich in Manohara of Kathmandu and then Canadian national Laurent Carrière two days later in Sanga of Bhaktapur in December 1975.

The Supreme Court in 2010 had endorsed the life sentence slapped on him by the Kathmandu District Court. The Bhaktapur District Court had then sentenced him for the murder of Canadian national in 2014. He has been at the Central Jail in Sundhara, Kathmandu since his arrest in Kathmandu in 2003.

Sobhraj, who was freed after the Supreme Court ruled in favour of his age and good behaviour, was arrested in Kathmandu in 2003 on charges of traveling with a false passport and also for the murders of American tourist Connie Jo Boronzich (29) and Canadian Laurent Carrière (26) in 1975. But he had been denying the charges and threatening to sue international media including BBC and Nepal government for falsely implicating him.

Linked to a string of murders throughout Asia in the 1970s, the son of Indian and Vietnamese parents, Sobhraj has been charged to more than 20 killings between 1972 and 1982, in which the victims were drugged, strangled, beaten, or burned, across many countries, including Thailand and India, in Asia.

Before his two convictions in Kathmandu, Sobhraj had already spent two decades in jail in India for poisoning a busload of French tourists.

International rights groups call for protection of judicial independence and integrity

 The independence and integrity of the judiciary in Nepal is being jeopardised by the crisis at its Supreme Court, according to the International Commission of Jurists (ICJ), Human Rights Watch (HRW) and Amnesty International (AI).

"To uphold human rights and the rule of law, it is essential to resolve the crisis in a way that maintains and enhances the court’s credibility and independence," a press note jointly issued by the three international rights bodies issued today reads.

In an unprecedented move, 18 out of 19 justices have refused to sit on Supreme Court benches unless Chief Justice Cholendra Shumsher Rana steps down.

Boycotting a full court meeting called by Chief Justice Rana on October 25, 2021, the justices demanded Rana's resignation for allegedly undermining the integrity and independence of the judiciary. The justices pointed specifically to allegations of a relationship between Rana and the executive branch. They also cited allegations concerning the allocation of cases for hearing to specific justices, and the failure to list for hearing a number of writs against constitutional appointments that he had participated in making.

“The Supreme Court has a crucial role in upholding human rights and the rule of law in Nepal, which makes this crisis extremely worrisome for the justice process,” South Asia director at Human Rights Watch Meenakshi Ganguly said.

Following the boycott by the Supreme Court justices, the Nepal Bar Association (NBA) also called for the chief justice’s resignation. The NBA said it would call a nationwide protest, if the chief justice does not resign. On November 11, some members of the NBA were reportedly injured when police prevented them from staging a protest within the Supreme Court premises. In response to this incident, the NBA on November 12 (today) staged a sit-in at the gate of the Supreme Court.

The current crisis comes amid increasing calls for judicial reform. In July, a committee established by the Supreme Court and led by Justice Hari Krishna Karki submitted a report identifying a number of problems in the judiciary However, the Supreme Court is yet to make the full version of the report public, or to present a plan to carry out its recommendations.

"Without judicial integrity and independence, the role of the Supreme Court will be weakened significantly, making it unable to uphold its constitutional obligation to protect human rights and the rule of law,” said ICJ senior international legal adviser Mandira Sharma. "The allegations against the Chief Justice must be investigated and address through fair process consistent with the rule of law."

Under Article 101 of the constitution, if one quarter of the House of Representatives files a motion for impeachment, an 11-member impeachment recommendation committee of House members will investigate whether grounds exist for moving forward with the impeachment.

"An independent judiciary is the foundation of a rule of law-based system and respect for human rights,” said director of Amnesty International Nepal Nirajan Thapaliya. "As envisioned by the constitution, the parliament should ensure a robust, transparent, and effective investigation on the allegations faced by the chief justice to protect the integrity of the Supreme Court and to ensure public trust in the judiciary."

Supreme Court stays government’s plan to extract aggregates for export

The Supreme Court today issued an interim order to the government not to implement its policy to extract sand, pebbles and stones for export.

The environmentalists welcomed the decision as they have been opposing the government policy -- for the fiscal year 2021-22 -- to extract the sand, pebbles and stones for export. The apex court directed the government not to implement the fiscal policy citing the fundamental right of citizens to clean environment in Article 30 of the Constitution that reads every citizen shall have the right to live in a clean and healthy environment.

The Constitutional Bench comprising of chief justice Cholendra Shumsher Rana and justices Deepak Kumar Karki, Mira Khadka, Hari Krishna Karki and Bishwambhar Prasad Shrestha today issued the order to the government not to implement the decision until there is a final decision on the case. "It is not appropriate to implement point number 199 of the federal budget as using ordinance on issues like natural resources will have a long-term impact because that will interfere with the rights and effectiveness of the legislature,” the Constitutional Bench said.

The point number 199 of the federal budget reads, "Based on environmental impact assessment, mine-based stones, pebbles and sand can be exported to bridge the trade deficit gap."

But the Constitutional Bench also citing Article 51(g) -- which talks about policies relating to protection, promotion and use of natural resources -- said that while using the national resources of the country inter-generational coordination and environmental balance should be given due importance.

The apex court said that the government's decision violates Articles 30 and 51 of the Constitution. It also said that the decision is against the principle of ordinance. Article 30 relates to the environment, while Article 51 relates to the basis for the policies of the state.

As the Prime Minister KP Sharma Oli dissolved the House of Representatives, his finance minister Poudel presented the budget through an ordinance. Though, finance minister Poudel defended the move by claiming that the government will not touch Chure region, the environmentalists and intelligentsia claimed that the illegal excavation of the sand and pebbles from any part of Nepal's young mountains will lead to environmental destruction. Recently, the nexus between politicians and illegal extraction industry has become a strong threat not only to the environment but also to the law and order.

Some seven different writ petitions have been filed at the Supreme Court, where the petitioners have claimed that extracting the Chure resources in the name of decreasing trade deficit with India will degrade the environment.

Following the petition, the apex court has ordered the government to furnish reasons behind the government policy within a week.

Earlier too, after a lots of debate and discussions, the government had banned the extraction of sand and stones in the Chure region since July 2014, also to protect the lives of more than half of the country’s population in the Southern plains. The government has also formed President Chure-Terai Madhesh Conservation Development Board with a master plan to conserve the Chure hills.

Sand is one of the rarest commodities in the world today, as it is the world’s most consumed raw material after water. India and China top a list of countries where illegal sand mining has become a major environmental problem, according to a report released by the United Nations Environment Programme (UNEP). India and China has  become the largest consumer of sand in recent years also due to rapid urbanisation.

LTO asks Ncell to pay Rs 22.44 billion by December 19

The Large Taxpayers’ Office (LTO) has asked Ncell to pay Rs 22.44 billion – of the remaining capital gains tax (CGT) – in its buyout deal by December 19.
Based on the full verdict of the Supreme Court (SC) – of November 21 – which had set Rs 21.1 billion tax liability on Ncell, the LTO has determined Rs 22.44 billion (including fines) as the pending CGT. “LTO has calculated remaining tax liability of Ncell – based on the apex court’s decision – and sent a letter yesterday asking Ncell to pay Rs 22.44 billion remaining tax,” according to the LTO.
The full text of Supreme Court had quashed the CGT liability – determined by the LTO on Ncell, which was worth Rs 62.63 billion – citing that imposing an additional 50 per cent fine on applicable CGT liability on Ncell was not according to the law.
Since Ncell had paid Rs 23.57 billion as CGT to the government on June 4, 2017, LTO had determined Rs 39.06 billion as remaining CGT liability of Ncell. However, Ncell had moved the Supreme Court seeking a stay on LTO’s decision, arguing that the office had violated the due process while reassessing Ncell’s CGT liability.
The apex court had ruled Ncell’s favour – on August 25 – observing that it could be expected to fulfil its CGT liability from February 6.

Apex Court directs Ncell to pay Rs 21.10 billion

The Supreme Court has directed Ncell to pay Rs 21.10 billion as capital gains tax (CGT) on the buyout deal of the telecom service provider, against Rs 39.06 billion fixed by the Large Taxpayers' Office (LTO).
According to the full text – of its August 25 verdict – released today, the court has directed the telecommunications company pay Rs 21.10 billion as CGT. An extended bench of five-member panel of justices Tej Bahadur KC, Purushottam Bhandari, Dambar Bahadur Shahi, Sushmalata Mathema and Manoj Kumar Sharma reduced the payable tax amount by Rs 17.96 billion. The judges had scrapped the tax liability determined by Large Taxpayers’ Office, stating that additional fees, imposed as per Section 120 (A) of the Income Tax Act, should not be part of Ncell’s total tax liability.
The Supreme Court (SC) – on August 25 – had given a ruling in Ncell’s favour in a case filed by the private telecom against Large Taxpayers’ Office (LTO) for imposing Rs 62.63 billion as applicable CGT on buyout deal of the Ncell. The LTO had officially fixed Rs 62.63 billion as applicable CGT – on April 16 – and had ordered Ncell to deposit Rs 39.06 billion, as the telecommunications company has already deposited Rs 23.57 billion as CGT and late fee.
But Ncell – on April 22, two days before the expiry of the seven-day deadline – had moved the apex court seeking annulment of the LTO decision for fixing Rs 39.06 billion as the balance of the CGT assessment including fines and interest – based on Sections 117 (1) A, 117 (1) C, 118, 119 and 120 (A) of the Income Tax Act – for the sale of its shares to Axiata Investment UK Ltd. Ncell claimed that it needed to pay only Rs 14.5 billion as CGT and not Rs 39.06 billion.
The Ncell had maintained that the tax assessment was against the SC verdict handed down by a larger full bench led by Chief Justice Cholendra SJB Rana on February 7, 2019. In its petition, the Ncell argued that the LTO's tax assessment violated constitutional rights and is against the SC verdict. Ncell also claimed that it was not given any information about the tax assessment nor was it asked for any tax filing before the tax was assessed.

Supreme Court orders Shrestha’s release on bail

The Supreme Court (SC) today ordered Nepal Police to release former chief executive officer (CEO) of Bank of Kathmandu (BoK) Ajaya Shrestha on bail of Rs 10 million.
The double bench of SC Justices Sapana Pradhan Malla and Kumar Regmi ordered the release of the banker scrapping the order of Patan High Court to keep him in the police custody. According to Supreme Court, Shrestha will be released after the bail amount will be deposited. Shrestha had registered a writ against the decision of Patan High Court at the Supreme Court.
Nepal Police – on September 22 – had arrested Shrestha and 10 others in a banking offence case worth millions. The Central Investigation Bureau (CIB) of Nepal Police had arrested five bankers of BoK and six others over BoK issuing loans based on fake collateral and forged documents produced by loan applicants.
Surendra Shrestha of Jhapa had – in 2015 – acquired loan worth Rs 500 million from Bank of Kathmandu. The bank started an investigation after Shrestha did not pay back the loan. During the investigation, the bank uncovered that the loan amount was issued on the basis of fake land registration document. It was also revealed that the loan was issued on the basis of fake documents of land situated close to a river in Jhapa.
The bank then went to CIB and registered the complaints, and 11 bankers including Ajaya Shrestha were arrested. Nepal Bankers’ Association (NBA) has criticized the arrest of Shrestha, who is regarded as one of the most humble bankers in the banking community.

Apex Court lifts age bar for BoDs, CEOs at BFIs

The Apex Court lifted age limit for board of directors (BoD) and chief executive officers (CEOs) of banks and financial institutions (BFIs).
Issuing an interim order in response to a writ petition filed by CEO of Prime Commercial Bank Narayan Das Manandhar – against the central bank decision – the single bench of Chief Justice Cholendra Shumsher JB Rana today ordered the central bank not to implement its circular to the BFIs on capping the age for the CEOs immediately and put it in the status quo.
The central bank – on August 5 – has issued a circular barring BFIs from appointing or reappointing CEOs, who are above 65 years of age. Likewise, the central bank has also barred CEOs from continuing work in BFIs after crossing 69 years of age. The central bank has set age limit of 70 years for BoDs in BFIs and barred BoDs from continuing in the same capacity beyond 75 years of age.
After the central bank’s new rule on age, chief executive officer of Prime Commercial Bank Narayan Das Manandhar, chairman of Everest Bank BK Shrestha and chairman of Nabil Bank Shambhu Poudel got retirement on the basis of the age. But Prime Commercial Bank CEO Manandhar moved to the Supreme Court. He filed a writ at the Apex Court – on August 7 – seeking the annulment of the central bank move.
In response to Manandhar’s writ petition, the Apex Court has not only directed the central bank not to implement its age bar provision for CEOs and BoDs of BFIs, but also directed that Manandhar be reinstated to his earlier post.
Staying the decision of central bank, the Apex Court stated that the central bank’s decision to set age limit for CEOs at BFIs ‘seemed against the law’. The Apex Court also stated that the NRB Act 2002 – that the central bank has cited in the circular – does not provide it the authority to fix the age bar for CEOs of BFIs, as it has only fixed minimum age of 25 years only.
 The Apex Court also struck down the rule citing a fundamental right in the Constitution that ensures rights to employment for every citizen of the country. “Against a provision in the constitution that only the legislative law can restrict the constitutional right to employment for citizens, it is seen that the defendant's circular has infringed the constitutional right of the petitioner to exercise the fundamental right,” reads the interim order of the Court.
While the Bank and Financial Institution Act 2017 has fixed the minimum age to become the CEO, no legislation has either fixed the age limit or made any restriction, reads the text of the interim order.
Though, the central bank said that it will continue to defend the new rule on the age bar, the Court has provided 15 days for the central bank to reply in writing why the court should not issue the order as demanded by the petitioner or any legal reasons why not to issue the order in line with the defendant.
The Banks and Financial Institutions Act 2017 and Nepal Rastra Bank Act 2002 only can have provision on minimum age limit for CEOs and Bods in BFIs. However, the central bank introduced the policy by amending the Unified Directives 2075 on August 6.
The Supreme Court in its stay order stated that the central bank’s move was against the Bank and Financial Institution Act 2017. “Article 29 of the Act has put the minimum age limit of 25 years for CEOs, but it has not imposed any maximum age limit,” reads the statement issued by the Apex Court.

Supreme Court refuses to free Kist Bank ex-chief Gyawali

The Apex Court today refused to free the then chief of Kist Bank Kamal Gyawali, who has been serving a jail sentence after being convicted of banking fraud.
A division bench of justices Kedar Prasad Chalise and Dambar Bahadur Shahi rejected the plea to free Gyawali after the hearing on a case filed by Gyawali himself.
The Supreme Court rejected his plea to release him through a habeas corpus order even though he claimed that he has been detained illegally. Gyawali claimed that he was convicted by the Patan High Court and still was supposed to file an appeal at the Supreme Court. Gyawali also claimed that he had surrendered before the court respecting the verdict but sending him to jail when he still has the right to file an appeal against the judgment at the Supreme Court was 'illegal'.
Gyawali has been serving a four-year jail sentence according to the decision of the Patan High Court which also imposed a fine of Rs 42.7 million on him for bank fraud.
He was convicted for releasing millions of rupees in the name of Jamko Prakashan illegally by exercising his power – as chief executive officer – for which he was prosecuted at the High Court Patan. Borrowers Kishor Dhakal and Devaki Bastakoti and evaluator Komananda Adhikary were also convicted along with him. They had released millions with the collateral of a low quality land through overvaluation.

JICA hands over mediation centres for District Courts

Chief Representative of JICA Nepal Office Jun Sakuma and Registrar at Supreme Court Mahanedra Nath Updhayay today signed the minutes of understanding on handing over of buildings of newly constructed Mediation Centres and renovated facilities amidst a function in the Supreme Court.
According to a press note from the JICA, it is providing the technical cooperation project for strengthening the capacity of Court for expeditious and reliable dispute settlement to the Supreme Court of Nepal since September 2013 until March 2018.
JICA took the objective of improving the court’s functions for promoting expeditious and reliable dispute settlement, it reads, adding that one of the outputs of the project is to promote court-related mediation.
The buildings and facilities were constructed under the project and the locations were selected in the model district courts of the project in Kavre, Dang and Dhanusha to accomplish the objectives.
The Mediation Centres were built with prefab structure and is expected to support each District Court to expedite the use of court related mediation and increase the settlement of cases. In Kavre District Court, one meeting hall and three court rooms were also renovated. The total project cost is Rs 22.21 million.

Supreme Court scraps cases against unified licence, paves way for new GSM mobile operators

The Supreme Court today opened the door for big investment in the telecom sector – that has seen geometric growth in recent years – as a division bench
of acting chief justice Damodar Prasad Sharma and justice Tarka Raj Bhatta scraped seven writ petitions against the unified telecom licence.

The decision will pave the way for the government to move on with new telecom licensing regime, according to the telecom regulator.

Nepal Telecommunications Authority’s (NTA) introduced the unified telecom licence regime to allow small telecom companies to operate GSM cellular mobile service across the country.

The Supreme Court decision will not only give legal teeth to Nepal Telecommunications Authority to issue unified licence but also spectrum policy and an ad-hoc committee that was formed to make policy decisions. The NTA will now also be able to auction the 3G and 4G spectrum.

Currently, Nepal Telecom (NT) and Ncell are proving the GSM mobile service. But the decision will bring in three new operators to the GSM mobile service that is expected to increase competition and lower the tariff benefiting the consumers.

Three telecom operators – Smart Telecom, United Telecom Ltd (UTL) and STM Telecom that has been branded as CG Telecom after Chaudhary Group bought its 80 per cent stake – had applied for the unified licence in April.

Immediately after the application, NTA awarded Smart Telecom the licence, whereas UTL could not be able to get the licence due to the writ petition.

CG Telecom – a telecom venture of Chaudhary Group – had also filed a writ petition challenging the NTA decision that according to the telecom service provider was biased. The NTA rejected CG Telecom the unified licence saying that the operator had failed to meet the criterion to get unified licence.

CG Telecom had but challenged the NTA decision also for violating Nepal Gazette, according to which only those companies that have expanded their services to government-designated areas and cleared outstanding dues could be eligible for the unified licence. “The NTA on April 11 has awarded unified licence to Smart Telecom that had not completed the service expansion criteria, according to the Nepal Gazette,” CG Telecom had claimed in the writ petition.

Other writ petitioners also claimed that the increase in number of GSM mobile service providers will also increase unhealthy competition in the market that is small and is already saturated.

Bandhs deny people their fundamental rights; strikes bleed economy white, curtailing freedom to work, movement

The season of bandhs and strikes is back again, curtailing people's right to work and movement, which is not only against the Constitution, but also bleeding the economy white.

"Bandh is the height of criminalisation in politics," according to rights activist Jyoti Baniya.

"Our Constitution has ensured people's right to movement and right to work as fundamental human rights," he said, adding that curtailing these rights is not only against the Constitution, but also against the State and the society.

The culture of taking citizens hostage by calling bandhs and strikes to climb to the seat of power is a gross violation of human rights, added Baniya, who had filed a case at the Supreme Court asking it to ban bandhs. "The Supreme Court had also banned bandhs."

"Though strikes are a right to collective bargaining, one cannot curtail others rights while exercising their own rights," he added.

Apart from our Constitution that has guaranteed the right to work and movement, Nepal is party to the International Covenant on Economic, Social and Cultural Rights (ICESCR) that is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from January 3, 1976. It commits its parties to work towards granting of economic, social, and cultural rights to individuals and is monitored by the UN Committee on Economic, Social and Cultural Rights.

With the formation of a new government to hold elections, fringe parties have been protesting, taking hostage civil liberties to bargain for power.

However, they have denied the right of the people to work for their livelihood.

The right to work is a concept that people have a human right to work, or engage in productive employment, and may not be prevented from doing so, Baniya quoted the international law, adding that the right to work is enshrined in the Universal Declaration of Human Rights and recognised in international human rights law through its inclusion in the ICESCR, where the right to work emphasises economic, social and cultural development.

At a time when the country is failing to create employment opportunities, forcing a majority of the youth to flock to the deserts of the Middle East, frequent bandhs and strikes have hit industries as they have not been able to operate to their full capacity.

The country is projected to witness the lowest economic growth in six years in the current fiscal year at 3.56 per cent, according to the Central Bureau of Statistics that has painted a bleak picture of manufacturing and agriculture — both engines of domestic economic growth.

The private sector — that generates the largest employment — is hit hard by bandhs and strikes, said president of Federation of Nepalese Chambers of Commerce and Industry Suraj Vaidya. "Industries are forced to shut down," he said, adding that frequent bandhs are bleeding the economy white

According to an estimate, a day of bandh costs the country around Rs two billion. "Even an hour of bandh will cost around Rs 83 million," according to the estimation.

"Bandhs are not a solution to any problem," Vaidya added.

People can exercise their right through other means of non-violent forms of protests, where they won't be hurting other's personal freedom and rights.

Without economic freedom, the country cannot prosper and develop, he added.

 

The universal declaration

* Article 23 of The Universal Declaration of Human Rights states that 'everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.'

* Human rights can be classified and organised in a number of different ways. At an international level, the most common categorisation of human rights has been to split them into civil and political rights, and economic, social and cultural rights.

Maoist, UML unions bid to shut Gokarna resort

Two trade unions of Gokarna Forest Resort — one affiliated to UCPN (Maoist) and the other owing allegiance to CPN (UML) — today created obstacles in the operation of the resort and plan to shut it down if their demands were not met.

"The unions did not let us operate the generator during load shedding hours," said Suman Sachdev, director of the resort. He also blamed the central trade unions for encouraging the local unions to create disturbances in the resort, as according to him it could gain them "political clout". "Otherwise, why would they create trouble," asked the angry director of the Singapore-based company that has invested over Rs 1,000 million in Nepal and is providing 230 permanent and 150 temporary jobs.

The unions have been demanding 40 per cent raise in the basic salary and 100 per cent raise in dearness allowance, which is against the agreement reached between the Hotel Association of Nepal and six central trade unions affiliated to the political parties, including UCPN-M and UML. They had agreed not to strike for the raise.

"The agreement validated by the Supreme Court has to be respected," Sachdev said, adding that the local unions — at the behest of central unions — put illegal banner at the gate of the resort. "After repeated requests, they did not honour the agreement reached between the HAN and the six central trade unions, we wanted the labour department to intervene and sort out the matter," he added. "But the labour department and the ministry did nothing to help operate the resort smoothly," Sachdev said.

The resort management and unions held discussions today in the presence of Director General of the Labour Department. "Following today’s discussions, the DG said he was helpless as the unions were too aggressive," he said, adding that if by tomorrow noon, the matter was not sorted out the management would move the guests to another place.

Ramesh Pant, president of All Nepal Hotel and Restaurant Workers’ Union — the UCPN-M affiliated trade union that looks after hotels and restaurants — said they were ready to sit for another round of talks tomorrow.

"There will be a tri-partite meeting tomorrow," he said, adding that the agreement between the HAN and trade unions has expired. However, HAN executive director Madhav Ohm Shrestha said the association stood by the agreement between HAN and trade unions.