KATHMANDU, April 2: The Judicial Council Tuesday recommended names of five judges to be appointed as Justice at the Supreme Court.

A meeting of the Council headed by Chief Justice Cholendra Shumsher JB Rana recommended High Court, Patan’s chief judge Prakash Dhungana; High Court, Surkhet’s chief judge Sushmalata Mathema; former Attorney General Hari Phuyal (among legal practitioners); senior advocate Kumar Regmi and advocate Dr Manoj Kumar Sharma (from Kathmandu) to fill the vacant posts, according to Council’s secretary Devendra Raj Dhakal.

The appointment was made in line with the Article 129 of the Constitution of Nepal which states the President shall appoint the Chief Justice, on the recommendation of the Constitutional Council, and other Judges of the Supreme Court, on the recommendation of the Judicial Council.

The Supreme Court consists of a maximum of twenty Judges, in addition to the Chief Justice of Nepal.

KATHMANDU, Feb 6: The Supreme Court has issued an order asking both Ncell and Malaysian company Axiata to pay the capital gains tax of Rs 38 billion to Nepal government.

The SC issued the order regarding the case on which company was to pay the capital gains tax over sale of Ncell.

According to attorney Hari Shankar Gyawali, with the SC decision, Ncell is banned to take away some Rs 7 billion gains before submitting the tax.

A full bench of Chief Justice Cholrendra Shumsher JB Rana, and Justices Mira Khadka, Bishwombhar Prasad Shrestha, Dr Anand Mohan Bhattarai and Tanka Bahadur Moktan issued mandamus that the capital gains tax must be paid by the company which is operative and owns the business.

A Swedish company Telia Sonera had 80 percent share in the Ncell.

Earlier, the Large Taxpayers’ Office had determined Rs 61 billion tax to Telia Sonera Company to pay.

After the Telia Sonera sold 80 percent share to the Malaysian company Axiata, the dispute over who to pay tax had reached the Supreme Court. RSS

KATHMANDU, March 7: The Supreme Court has issued an order stating that it was not necessary to implement its previous interlocutory order on nomination of three members to the National Assembly. With this, three persons nominated by the present government have been allowed to take the oath of office and secrecy as the NA members.

A division bench of Justices Kedar Prasad Chalise and Sharada Prasad Ghimire issued the order, removing the barrier for Dr Yubaraj Khatiwada, Ram Narayan Bidari and Dr Bimala Poudel to be the NA members. Dr Khatiwada has already been appointed Finance Minister.

Kalika Khadka
KATHMANDU, Feb 25: The Supreme Court (SC) on Sunday issued an interlocutory order in the name of the Office of the President and Council of Ministers among others not to administer the oath of office and secrecy to the members nominated for the National Assembly (NA)- Dr Yubraj Khatiwada, Ram Narayan Bidari and Dr Bimala Poudel.

In response to a joint writ petition registered by those three people recommended by the erstwhile Sher Bahadur Deuba -led government for the posts, a single bench of Judge Prakashman Singh Raut issued such order.

The order stated that the nomination of three (new) members made by the President seems not in accordance with the constitutional provisions in this regard, ordering not to include the three in the oath-taking ceremony scheduled for March 4. The defendants in the writ have been asked to wait until the issue was finalized through discussions.

Gopal Basnet, Krishna Prasad Poudel and Chandani Joshi last Friday moved the SC, challenging the nominations of three NA members by the President.

The court further said President was not found to have constitutional responsibility to exercise executive rights regarding the NA members’ nominations.

KATHMANDU, Feb 25: The Supreme Court (SC) has directed the Kantipur Media Group to be present at court to record statement within 72 hours.

A single bench of the Chief Justice Gopal Parajuli on Sunday directed the Kantipur Media Group to appear at SC for statement in a case on contempt of court.

The SC issued such directions while hearing the case lodged by advocate Toyanath Dhungana regarding the news carried out by the Kantipur Media Group on the date of birth of the Chief Justice.

Chairman of Kantipur Media Group, Kailash Sirohiya, Director Swastika Sirohiya, Chief Editor Sudheer Sharma and news writer Krishna Gyawali are directed to come to the SC within 72 hours.

Likewise, the SC has ordered Nepal Press Council to take action on legal ground after studying whether or not Kantipur Media Group abided by journalist code of conduct. RSS

KATHMANDU, Feb 1: The Supreme Court has issued a stay order not to implement the government’s decision to relocate the district headquarters of Rukum East.

A single bench of Dipak Kumar Karki on Thursday issued the order barring the government’s earlier decision to transfer the headquarter district from Rukumkot to Uttarputha.

The government on January 18 had decided to relocate the district headquarter. Advocate Ganesh Hamal had filed a writ petition demanding the scraping of the decision.

Advocates Surya Dhungel, Upendra Keshari Pokharel, Raman Kumar Shrestha and Tika Ram Bhattarai had advocated against the government decision during the hearing today.

Locals of Rukumkot have been protesting against the government’s decision for the last eight days.

KATHMANDU, Nov 21: The Supreme Court was filled with terror and stress on Tuesday afternoon after a message alert about bomb threat was received on one of the official’s mobile phone.

An unidentified person called from land line number 014281173 and gave the threat that ‘the Bombs are planted in three different places on SC premises’.

The SC, after receiving the message, has vacated the entire scheduled bench in order to search and locate the bomb.

According to SSP Rabindra Kumar Dhanuk, a bomb disposal team of Nepal Army has reached the Supreme Court for investigation but no suspicious object has been fund so far.

All justices, law practitioners, staff and service recipients were evacuated following the message. The police are also tracking the unidentified number which was used to send the bomb threat message.

KATHMANDU, Oct 27: Chief Election Commissioner Dr Ayodhee Prasad Yadav has shared that the printing of the ballot paper for the proportional representation (PR) system for the upcoming elections to the House of Representatives and Province Assemblies was over while the printing of the ballot paper for the first-past-the-post (FPTP) system would start from today.

The elections are scheduled for November 26 and December 7 respectively and in two rounds. The first round of elections will be conducted in 32 districts while the second round will be held in the remaining 45 districts on December 7 this year.

Speaking during an interaction program organized by the Reporters’ Club Nepal on Friday, Chief Commissioner Yadav said, “The printing of ballot papers for the parliamentary and provincial elections under the Proportional Representation category has been completed today itself.” He added, “The process of printing ballot papers will start today at the Janak Education Materials Centre (JEMC) as per the election calendar.”

He reaffirmed the Election Commission (EC)’s commitment to make preparations for the elections respecting the verdict of the Supreme Court.

“Holding both elections in a single go is a big task from both managerial and technical point of view but the Commission is committed to hold the elections after the request of the government,” he added.

The Supreme Court (SC) on Wednesday sought written response from the Election Commission (EC) for the assurance of separate ballot papers for the federal and provincial elections under the first-past-the-post system.

CEC Yadav also clarified that the EC had not received any formal letter from the Supreme Court regarding its ruling. He said, “No any official letter or order of SC has reached our office yet.”

The SC’s ruling raised some technical issues and concerns about the possible political fallout and poll deferral. But Yadav clarified, “The reports concerning the possibility of poll deferral is just a hoax. There is no confusion in election talking place on the announced date,” he said adding, “The SC’s ruling should not affect the elections.”

He also shared that the nomination of the candidates for the first phase of election was already over and the candidates and parties were already awarded election symbols and the office of the Returning Officers for the second phase of elections were also set up.

Yadav also assured of high level security to ensure safety during the election and compliance with the electoral code of conduct.