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Resources > Global Issues > Nepal – Democra... > The Struggle for ... > Bulletins > Bulletin #33: Nep...

Bulletin #33: Nepalese Journalist Interrogated

By Government Officials

On April 18, 2005, Surya Thapa, Editor of the Budhabar was summoned by the Baman Prasad Neupane, Chief District Officer in Kathmandu for questioning for publishing material critical of the King.  This was the third time that Mr. Thapa was called before the CDO, after two previous occasions in March.

According to sources, the District Administration Office (DAO) was acting on orders issued by the home ministry asking it to take actions against two publications, Himal Khabarpatrika and Budhabar. (Himal Khabarpatrika was not summoned by the Kathmandu DAO, apparently because it is registered in Lalitpur District). The home ministry was acting on orders of the Ministry of Defense, which was responding to a decision taken by a little-known Surakchya Byabastha Upasamiti (sub-committee on security arrangement).

The following is a translation of his statement:

Q. NAME, FATHER’S NAME, AGE, PROFESSION, ADDRESS?

A. My name is Surya Thapa, father’s name, Khet Bahadur Thapa, age is 30 years, I am the editor of Budhabar weekly, I reside in Pyuthan District, Bamrod VDC, 9.

Q. WHY HAVE YOU COME TO THIS OFFICE TODAY?

A. I was called on the telephone, saying there was something you had to discuss with me, and hence I am here.

Q. WHAT WAS THE INTENT AND SPIRIT OF THE CARTOON PUBLISHED IN BUDHABAR WEEKLY ON MARCH 30, 2005?

It is in the context of the discussions on the draft of the new constitution in Bhutan and the statement by King Jigme Singhe Wangchuk that “nation is more important than king’ which had appeared in the newspapers. The papers had printed the story on the move of the monarchy there, which is moving from non-party dictatorship towards constitutional democratic rule.

Our cartoonist Basu Kshitiz in the March 30 issue of the paper has used dialogue between two ordinary citizens to compare the constitutional situations between Nepal and Bhutan. It says, “Bhutan readies for new democratic constitution. …Does that mean we are ahead or behind Bhutan?” It is clear that the two people are comparing the two monarchial systems in Nepal and Bhutan. Nepal and Bhutan are the only two countries in South Asia that have monarchy. India, Pakistan, Sri Lanka and Maldives have presidential republics. How can we compare our constitution with that of those countries?

The comparison between Nepal and India would not be fair. But a comparison is possible between Nepal and Bhutan and the intent is that such comparison must have taken place (among the people). Is it necessary to make the intent and spirit of the comparison clearer?

Q. THE SAME ISSUE OF BUDHABAR WEEKLY HAD A STORY HEADLINED “WHERE IS DEMOCRACY YOUR MAJESTY?” WHICH WAS AGAINST THE NOTICE OF MINISTRY OF INFORMATION AND COMMUNICATION ISSUED ON FEBRUARY 2 AND ALSO INTENDED TO MALIGN THE ROYAL PROCLAMATION OF FEBRUARY 1. PLEASE CLARIFY YOUR INTENTION FOR PUBLISHING THE NEWS.

A. The news headlined “Your Majesty where is Democracy” itself clarifies the source and intent of the story. That is why the headline is in direct quotes. The Budhabar weekly is not asking the question. It is the plea of a sitting MP Bal Bahadur Rai (of the Upper House).

The National Assembly still exists (has not been abolished) in the country and it is an expression by MP Bal Bahadur Rai who was also officiating prime minister for 19 instances when Nepal had democracy. According to the Constitution of Nepal 1990, in a situation where the House of Representatives ceases to exist, the state of emergency in the country has to be discussed and ratified by the Upper House within three months.

This is a mandatory provision. About a dozen upper house MPs have drawn the attention of the concerned toward this provision. However, the session of the upper house has not been convened; instead about a dozen MPs have been detained or arrested. MPs still sporting the badge of parliament Bir Bahadur Singh, Lal Bahadur Biswokarma, Ashok Koirala, Sukraraj Sharma, etc. are now in jail.

In such a situation, it was Bal Bahadur Rai expressing himself after spending 20 days in custody which made us sensitive, and our intent was that his position was also sensitive for all aware citizens. It is natural for a sitting MP to ask the question (after going through what he has) to the king. More so because “parliament”, according to the Constitution 1990, collectively refers to the king, legislature and the executive.

The constitution does not say MPs cannot ask such a question or express their grievances to the king. As regards us violating the notice issued by the Ministry of Information and Communication on February 2, is the administration asking me the question on whether the story violates the letter and spirit of the royal proclamation again and again to get me to say ‘yes’? I fail to understand the intent of the question.

The Nepal Gazette of April 1, 2005 says “anything that does not directly or indirectly support terrorism can be published by stating the source”. The news with the aforesaid headline meets the stipulation. If you are meaning that I have violated the earlier notice (of MOIC), then it is true, and if we are required to abide by previous rather than more
recent notices, then we would (also) have to comply by the Panchayat era rules and the constitution, which we cannot do.

Again the Ministry of Information and Communication has been treating the weeklies unfairly and in a biased manner. It has put a stop to Rs. 12,000 (monthly) we had been getting for advertisements (PSAs) after we were summoned for questioning for the first time. The state has taken economic actions against papers even before the papers have been proven guilty of their alleged offenses based on the verbal orders of the MOIC. We are against the decision of the ministry.

The state should not be partial and should not forget its responsibilities while trying to ensure compliance to its orders. The state can formally charge us of supporting the terrorists if it thinks we are doing that but we cannot accept the accusation that we have
not been abiding by the MOIC notices. The state of emergency has affected journalists and the calls by the rest of the world for lifting emergency restrictions also represent our difficulties.

 The state of emergency and democracy don’t go hand in hand in a situation where His Majesty has said that democracy is the (only) alternative to democracy. We fully understand that the press has social and civic duties, which the state must also acknowledge (or the state also has some responsibilities and must abide by that).

Q. IN YOUR STATEMENT RECORDED AT THIS OFFICE ON MARCH 7 YOU HAD SAID WE ARE AWARE OF THE SITUATION WHERE MANY ARTICLES OF THE CONSTITUTION AND LEGAL PROVISIONS REMAIN SUSPENDED AND ASSURED US THAT YOU WOULD IN FUTURE BE MORE ALERT, BUT INSTEAD YOU DID NOT ABIDE BY YOUR COMMITMENT AND PUBLISHED THE CARTOON AND NEWS IGNORING THE NOTICE OF THE MINISTRY OF INFORMATION AND COMMUNICATION; PLEASE SPECIFY WHY LEGAL ACTION SHOULD NOT BE TAKEN AGAINST YOU.

A. Yes, I had made the commitment while recording my statement at this office on March 7. I am still committed to the statement. But I would expect (your awareness) that the special privilege of National Assembly MPs are not among the (constitutional) articles that have been suspended. Also the right to equality has not been suspended.

I did not violate the Ministry of Information and Communication notice by printing what MP Bal Bahadur Rai had to say but was instead abiding by the principles of journalism. If you are trying to hint that the Article concerning the upper house has been suspended and that I’ve been ignorant, I am fully aware that the Article remains operational and the status of parliament remains unchanged.

Therefore there is no basis for taking legal actions against me for the same. If you want to take actions for the sake of taking action then (you can go ahead) I am ready to face the consequences.

Q. DO YOU HAVE ANYTHING MORE TO SAY?

A. No

Q. HOW WAS YOUR STATEMENT (RECORDED)

A. I have myself written answers to question 1-6 and it is true.

April 19, 2005

TRANSLATION OF (COPY OF) THE LETTER ORDERING THE DAO, KATHMANDU TO TAKE ACTIONS AGAINST TWO PAPERS BUDHABAR AND HIMAL KHABARPATRIKA.

(LETTERHEAD)
His Majesty’s Government
Home Ministry
Peace and Security Department

No. SaSu 9432/12/26 (April 8)
Ch. No. 4072

Singha Darbar, Kathmandu
2061/12/26 (April 8)
(LETTER HEAD ENDS)

District Administration Office
Kathmandu.

As recommended by the meeting of the Surakchya Byabastha Upasamiti (sub-committee on security arrangement) held on April 1, 2005 (Chait 19, 2061) it has been found that the following papers published from Kathmandu have printed news and cartoon in violation of the notice of the Ministry of Information and Communication and as requested by the Ministry of Defense (through) Ch. No. 3546 dated 2061/12/23 (April 5) seeking arrangement for necessary action, necessary action is requested as ordered (against). a. Himal fortnightly magazine’s issue dated 2061 Chait 17 (March 30) article entitled ‘Rashtriya Sankat: Abastha ra Abshar’ (National Crisis: Situation and Opportunities) b. Budhabar weekly paper dated 2061, Chait 17, cartoon and ‘Prajatantra Kanha cha Maharaj’ (‘Where is democracy His Majesty?’)

Signed
Section Officer

INSN is the International Nepal Solidarity Network, which has activists in over a dozen countries around the world who are working to bring democracy to Nepal. Visit their website for regular updates related to the Nepal crisis.

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