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The decision of the Civil Aviation Authority of Nepal (CAAN) to seek clarification over news published in Annapurna Post daily is an attack on freedom of speech and expression, experts have said. 

They are of the view that CAAN, a regulatory body of Nepal’s civil aviation sector, is not authorized to seek clarification on the issues related to news stories. Of late, Post and its sister publications had been publishing  a series of stories regarding the new rules of CAAN that are discouraging the aviation sector.  

Balkrishna Basnet, chairperson of Press Council Nepal, says it is the council’s jurisdiction to examine the authenticity of news, not CAAN’s. “The letter issued to Annapurna Media Network by CAAN seeking clarification about news stories is unacceptable to the media fraternity.”

There is a constitutional and legal provision enabling responses to media reports. If such responses are not published, individuals can lodge complaints with the Press Council Nepal. 

 “The Press Council will carefully examine and inquire into instances where the media’s published materials do not meet expectations,” says Basnet. 

Editorial freedom in media pertains to the autonomy of publishers in making decisions free from external interference. This encompasses editors’ independence to determine content and coverage. An integral facet of editorial independence is its role to act as a barrier against undue influence, be it from owners or external parties, when it comes to editorial choices and what gets published or broadcast. This becomes particularly relevant when media outlets publish content that may not align with advertisers’ preferences or owners’ viewpoints.

It is a well-known fact that Nepal’s geographical remoteness poses extreme challenges for accessing health services and transporting food. They have no choice but to rely on air services for these essential services. 

But CAAN has enforced a policy suspending air services in remote districts after 12 pm starting July 31. This decision has had serious repercussions in remote and mountainous regions of Nepal. Tragically, due to the absence of air services, four children in remote regions of Karnali province recently lost their lives. They could not get timely medical attention due to the new CAAN policy.

After Annapurna Post, a sister publication of ApEx, reported about the hardship faced by the people living in remote hinterlands of Nepal, the issue garnered significant attention. Media outlets, such as BBC, Kantipur, and Radio Nepal, also covered similar news stories, emphasizing the need for prompt government intervention to resume essential air services in remote regions of the country.

Despite appeals from the chief minister of Karnali province, the federal minister of Culture, Tourism and Civil Aviation, political leaders, and local representatives, CAAN Director General Pradeep Adhikari decided not to lift the air service restrictions. Instead, the CAAN decided to go against the media for exposing his misguided and callous decision.

The clarification letter states that AMN has repeatedly disseminated news, analyses, and comments that gravely undermine flight safety. The letter further points out that despite Capt Thapa’s role as the head of an airline company responsible for upholding flight safety, he seems to have misused his publishing rights through his media outlet, engaging in misleading and rumor-spreading activities. 

Senior advocate Bijay Gupta says that the news covered by the Annapurna Post was about the effects of flight suspension. “It’s what the media should do.”

These actions, as stated in the letter, conflict with the Nepal Civil Aviation Authority Act of 2053 BS and the associated regulations, requirements, manuals, and other standards outlined by the authority.

But experts maintain that while CAAN has the capacity to regulate airspace, it has no right to encroach on editorial freedom.

Bipul Pokharel, president of Federation of Nepalese Journalists, emphasizes that the media conveys information in alignment with their principles, benefiting from editorial independence and direction. “Individuals without relevant involvement should not become the focus of clarification or measures based on edited content,” he adds.

Clause (b) of section 7 in the Press Council Act of 2048 BS stipulates that the journalist code of conduct of 2073 BS, endorsed by the Federation of Nepalese Journalists, emphasizes the importance of upholding editorial freedom. According to this provision, the code establishes that editors bear ultimate responsibility and control over news collection, editing, production, presentation, and distribution. Aligned with the global principle of editorial independence, the code underscores that media outlets and journalists must have the freedom to gather, publish, and express information, opinions, and perspectives without external pressure or influence.

As pointed out by legal experts, Capt Thapa holds leadership roles within three distinct organizations, each governed by separate laws. Hence, it is inappropriate for CAAN to conflate Thapa’s roles and seek an explanation for news published in his newspaper while linking it to his involvement with Simrik Air. Capt Thapa’s roles in Simrik and Annapurna are separate, and experts believe that CAAN Director General Adhikari has committed a constitutional and legal misstep.

The authority to write and publish news and editorials rests with editors, not investors. If dissatisfied with news coverage, individuals or organizations concerned should approach the relevant journalist or editor to present a rebuttal, or file a complaint with the Press Council Nepal.

Simrik Air functions as a separate company. “In accordance with the Companies Act of 2063, individuals are legally permitted to establish a company to achieve objectives specified in the memorandum of association, either independently or collectively,” says senior lawyer Jagadish Dahal. Pursuant to the Companies Act, Capt Thapa assumed the position of chair for Simrik Air, he says that there is another distinct law that governs the selection of the Airline Operators Association's president. 

“As CAAN DG Adhikari has committed a series of unconstitutional moves, he should step down from the post on an ethical ground,” says Dahal. “According to the Publication and Printing Act, Capt Thapa undertook the role of the AMN chair as a mere investor, meaning he does not exert editorial control over published content.” 

Dahal adds CAAN cannot address the chairperson of different organizations in the same way, though the individual may be the same. “There is no legal provision for CAAN to interfere.”

The FNJ has also warned the Civil Aviation Authority to immediately withdraw the clarification sought over the news published in the Annapurna Post daily. The FNJ concluded that asking for clarification in an illegal way is objectionable and against the constitutional concept of press freedom, reads a letter issued by FNJ General Secretary Roshan Puri on Aug 21.

The federation has also warned the CAAN to withdraw the clarification asked in an illegal way by respecting the constitutionally-guaranteed rights to expression and press freedom.

Balendra Shah, the mayor of Kathmandu Metropolitan City (KMC), is reluctant to allow street vendors to carry on with their businesses as usual. In contrast, the neighboring Lalitpur Metropolitan City has effectively managed street vendors by allocating specific time slots for their business activities. According to a study conducted by the Center for Informal Economy and Hope for Change, Nepal, a staggering 89 percent of street vendors in Kathmandu are currently relying on loans due to the actions taken by the mayor. Surprisingly, the federal parliament has remained silent on this issue.

Pratik Ghimire of ApEx talked with whips of the three largest political parties in the parliament to understand their take on this matter related to the informal economy.

Sushila Thing
Whip, Nepali Congress

Kathmandu Metropolitan City functions as an independent governing body with the authority to carry out its own actions. The central government or federal parliament lacks the power to issue commands to them. This matter falls outside our jurisdiction. Nonetheless, due to its significant impact on numerous individuals, this matter deserves attention within the parliament. Regrettably, no political parties have brought up this concern, and even the Nepali Congress has not addressed it in its internal parliamentary party meetings. But I now intend to present this issue during our upcoming meeting.

Mahesh Bartaula
Whip, CPN-UML

When individuals find themselves caught between government regulations, authorities often resort to exerting their power over them. But this is the case of livelihood. In this scenario, the government has a responsibility to assume the role of a guardian for its citizens, particularly those residing below the poverty line and struggling to earn a living. Kathmandu Metropolitan City must provide viable options for these individuals. The CPN-UML, serving as the main opposition party, represents the interests of the general populace and will raise this issue in parliament.

Rupa Sosi Chaudhary
Whip, CPN (Maoist Center)

The issue hasn’t been brought up in the parliament to date. This matter encompasses two primary aspects. Firstly, if our aim is to create an aesthetically pleasing and technologically advanced city, we must adhere to a well-defined strategy. For that, we can’t allow arbitrary business activities. But, on the other hand, considering that street vendors have been an integral part of our community for a long time, it’s neither feasible nor advisable to abruptly stop them from doing business as usual. We must, instead, offer them proper alternatives. I will urge my party and colleagues to collaborate with local units, including the KMC, to address this issue.

The Nepali Congress has called on the main opposition CPN-UML to put an end to the parliamentary deadlock. 

Issuing a press statement, the NC said in light of the disasters caused by monsoon rains, it was crucial to address and discuss the matter in the Parliament. The party said it was irresponsible on the part of the UML to obstruct the House in a crisis situation.

Political stability is vital for the nation’s best interests, the party said in its statement, underscoring the need for effective efforts toward stability. 

Earlier, a meeting of the NC resolved to initiate discussions with both the ruling parties and other political factions, including the main opposition, to break the current parliamentary impasse.

Additionally, the meeting expressed concerns about a 100-kg illegal consignment of gold making it through the Tribhuvan International Airport despite the presence of various government agencies at the airport. The party urged the government to take necessary measures to control such illicit activities and called for an impartial investigation. It expressed confidence in the capabilities of the Central Investigation Bureau (CIB) of Nepal Police to probe the case. 

The NC also urged the government to address budgetary shortcomings, rectify reduced capital expenditure and effectively implement the current fiscal year’s budget.

CPN-UML Chair KP Sharma Oli has advised Prime Minister Pushpa Kamal Dahal to step down given his ‘poor showing’. 

Organizing a press conference on Sunday, Oli and other leaders criticized the government over ‘ineffective handling’ of important matters such as the Lalita Niwas land-grab, the 100-kg gold smuggling case and obstructions in the Parliament.

Chair Oli expressed surprise that the Home Minister and the Finance Minister had not quit thus far despite their incompetencies. The party leading the government has prevented the (main) opposition from airing their views during parliamentary sessions, he said, “Whenever the opposition attempts to address the assembly, members of the ruling party promptly rise and vociferously intervene, causing disruptions. They thus thwart our efforts to facilitate a smooth functioning of the Parliament, leaving us with no option but to obstruct the House.”

The government’s shortcomings extend beyond the legislative arena, Oli maintained, “Even in terms of public service delivery, the government has faltered in producing tangible outcomes.”

“Shouldn’t we be attentive to people’s problems? Amid floods and landslides, the government’s response seems lackluster. Farmers are standing in queues to acquire a mere five kilograms of fertilizer, burdened by exorbitant costs,” he said.

Chair Oli also accused the government of being afraid to form a high-level committee for investigating the 100-kg gold case, insisting that the probe committee will be instrumental in finding whether the government is complicit in the case. 

Rajendra Gautam, head of the UML’s Publicity Department, sought the arrest of former prime ministers Madhav Kumar Nepal and Baburam Bhattarai in connection with the Lalita Niwas land-grab, citing the recent Supreme Court order directing top decision-makers to bring them under investigation. “Despite the court’s directive, police have not even questioned them (the two ex-PMs) regarding their involvement in the Lalita Niwas scandal, where they are alleged to have played a significant role through multiple cabinet decisions.”

Gautam expressed doubts about the Home Ministry’s departments conducting impartial investigations, reiterating that the UML believes an independent high-level investigation committee should be established to examine the gold case. “During investigations, the government has treated the ruling parties and the opposition differently,” he said, noting that individuals close to the ruling parties have not been thoroughly investigated.

At the program, the Pushpa Kamal Dahal-led government came under the main opposition’s fire for displaying arrogance through ‘vengeful moves against the opposition, dissemination of false information and attempts to conceal wrongdoings’.

The party contended that the present government is manipulating tax rates to favor specific business interests, allowing certain entrepreneurs to exploit state resources through extensive contracts.

But political analyst Krishna Pokharel says that the press briefing appeared to predominantly reflect UML Chair Oli’s sense of frustration. “It appears that this frustration stems from his party’s extended period of being out of power,” he says the conference mainly consisted of negative remarks rather than substantive discussions.

Remember the South Side Wine Bar we reviewed in May? François Driard, the owner of the wine bar, extended an invitation to us to experience his culinary venture, Emilio’s Pizza in Bansbari, Kathmandu. On a rainy day, we ventured there, discovering the unique delight of savoring piping-hot food in the rain.

At Emilio’s Pizza, you can choose between indoor and outdoor seating arrangements. The indoor area exudes a cozy living room atmosphere, with comfortable couches that you can plonk into and chill. Alternatively, the outdoor space boasts a green haven with pebble flooring. Opting for the outdoor setup, we found ourselves shielded from the rain by a recently installed translucent roof.

Amid a diverse selection of pizzas, including Napolitana, Margherita, Melanzana, Pepperoni, Chorizo, and Calzone, we set our sights on their distinctive Signature Pizzas. This particular assortment featured options like Smoky Chicken, Burrata, and Shiitake among others. We decided to sample the Smoky Chicken and Burrata offerings as they recommended.

Our initial serving was the Smoky Chicken pizza. Its ultra-thin and tender crust, with a crispy edge, was complemented by the luscious cheese on top, enhancing its overall flavor.

The next delight to grace our table was the Burrata pizza, an artful assembly featuring tomato sauce, Burrata (an Italian cheese crafted from mozzarella and cream), and arugula (known as rocket leaves). There was a mild tanginess to it due to the Burrata, along with a touch of bitterness from the arugula. The crust mirrored the Smoky Chicken variant, maintaining its consistent texture.

In addition to pizza, we were introduced to an array of Ravioli pastas, boasting fillings of buffalo, mushroom, and crab. Our preference led us to the crab-filled option. Its unique seafood essence offered a distinct flavor experience, slightly unfamiliar to Nepali palates.

We also recommend Flammekueche, a delicacy composed of thinly rolled bread dough fashioned into a rectangular shape, brimming with finely diced onion fillings that contributed to its delectable crispiness.

Apparently, the bread, dough, and cheese are made from scratch.

We suggest planning a visit during the afternoon hours to relish the fare in a tranquil setting and steer clear of bustling crowds. For an elevated culinary experience, consider pairing your meal with their fine selection of wines, as the place’s roots trace back to a wine bar that subsequently evolved into a remarkable pizza haven.

Their Specials

Signature Pizza

Ravioli Pasta

Flammekueche

Location: Bansbari

Meal for two: Rs 2,500 

Opening hours: 12:00 pm–9:00 pm

Contact: 9823711002

Online payment: Accepted

Parking: Available

The Asian markets remain key players in the upward-trending US student visa totals. Seven of the top eight countries that saw the largest increase in student visas issued between 2021 and 2022 were Asian, according to ApplyBoard data, a Canada-based international recruitment platform.

Uzbekistan is at the top of this list for the first time, while Nepal, Bangladesh, and Vietnam show continued growth in visa issuance, according to the report. The US Department of State issued over 411,000 F-1 student visas in 2022, up 15 percent from 2021. US student visa approval rates fell to 65 percent likely due to the application volume from several emerging markets in the period. South Asian countries continued to drive growth in the US, led by India with over 115,000 student visas issued.

The tally of visas issued so far this year has passed 392,000. 

Prior to 2020, the only large destination market that had Nepal on its radar was Australia, where it ranked a top-three source market for Australian institutions. The US was the most popular northern hemisphere destination of Nepali students in 2022, beating the likes of Canada, which experienced a spike in Nepali students in 2022, even after Australia’s border reopened, according to the report.

Heavy rainfall since Monday has triggered a series of floods and landslides in different parts of the country. 

Many streams and rivers surpassed their critical thresholds, breaching their banks and submerging nearby settlements, while there were also reports of highway landslides disrupting the vehicular movement. 

The Weather Forecasting Division attributed the heavy rainfall to the monsoon wind patterns and a low-pressure system near Bihar, India. Authorities have issued alert warnings for those settlements situated close to streams and rivers.  

Several riverside settlements in Kathmandu Valley were submerged as a result of overnight downpour. People were seen salvaging their goods and draining out flood waters from their homes on Tuesday morning.  

A landslide on the Kali river obstructed the crucial Narayangadh-Muglin highway in Ichhakamana Rural Municipality-6, Chitwan. The two-way traffic movement along the highway was halted due to the landslide, stranding hundreds of vehicles and passengers. However, traffic in both directions resumed later.

A section of Prithvi Highway, between Damauli and Dumre in Tanahun, also collapsed as a result of incessant rainfall. Floods and landslides have also significantly impacted other major highways, including the Banepa-Sindhuli-Bardibas section of BP Highway, the Hetauda-Sindhuli-Gaighat-Chatara segment of Madan Bhandari Highway, and the Khurkot-Ghurmi stretch of Pushpa Lal Highway.

In another incident, a landslide struck a house at Sigre of Bagmati Rural Municipality-5 in Makwanpur, in which one person was killed and six others, including three children, were unaccounted for.The deceased was identified as 55-year-old Shanta Maya Syangtan. At the time of writing, a team deployed by the District Police Office, Makwanpur, was still searching for the missing people.

Also, a person from Dhanusha and another individual from Rautahat lost their lives due to drowning in the swollen river.

In Shuklaphanta Municipality-7, Kanchanpur, security personnel rescued two women who were stranded in the floodwaters of the Kalapani stream. The two women were tending to their cattle when they were caught in a flash flood caused by the torrential rainfall upstream.  

The rainfall overnight has also caused significant damage to crops in different parts of the country. 

The flooded Doda stream wreaked havoc on paddy and sugarcane fields in Tilaki of Kanchanpur district. As many as 24 farmers lost their valuable crops.

In Kailali, the rain-swollen Godawari stream damaged temples and shrines in the Godawaridham area. A quick response from security personnel and local youths prevented potential casualties by rescuing those who were trapped in the flood waters. As the flood receded, there was debris scattered everywhere.

Around 40 people have died and nearly as many are missing in monsoon-related disasters this year, according to officials at the Home Ministry. According to the Nepal Disaster Risk Reduction Portal of Nepal government, over 4,000 families have been affected by floods and landslides in the past one year, killing 101 people. Sixty-four people are still missing.

Monsoon in Nepal typically starts in mid-June and ends in September. Casualties, highway obstructions and property damage are common occurrences during this period. 

Prime Minister Pushpa Kamal Dahal has directed the security agencies  to remain on high alert to respond to potential monsoon-related disasters.

Sunday’s Supreme Court order in response to a habeas corpus writ has given rise to hopes that high-profile politicians, allegedly involved in the process of transferring government land at Lalita Niwas in the name of private individuals, will be brought under investigation. 

The SC has directed the government to expand the investigation to include the top decision-makers, making way for bringing former prime ministers Madhav Kumar Nepal and Baburam Bhattarai under the ambit of the probe. The Central Bureau of Investigation (CBI) has issued arrest warrants against those charged with involvement in the scam as part of an ongoing probe that has already netted about two dozen people. Thus far, high-level politicians have been able to avoid the investigation using political clout. 

Two years ago, the SC had completed its final hearing on a writ petition seeking its order to also probe former prime ministers Nepal and Bhattarai in the Lalita Niwas scam. A division bench of the then Chief Justice Cholendra Shamsher Rana and Justice Nahakul Subedi was to issue its verdict on 1 Nov 2021. But that was not to be as legal professionals started their protest against the then Chief Justice Rana.

As the judges’ and lawyers’ protest intensified, 98 lawmakers from the Nepali Congress, CPN (Maoist Center), and CPN (Unified Socialist), among others, filed an impeachment motion in the Parliament against then CJ Rana on 13 Feb 2022, leading to his suspension. Rana completed his term in suspension even as the motion itself suffered an uncertain fate. 

“This case will be forever alive if the ex-PMs are not subjected to a probe. The court order should make way for investigations into other scams”  -Former DIG Hemanta Malla Thakuri

Senior Advocate Bal Krishna Neupane had filed a writ petition after the Commission for the Investigation of Abuse of Authority (CIAA) refused to press charges against the two former prime ministers, arguing that cabinet decisions were beyond its jurisdiction. Neupane contended that it was unjust to give reprieve to the former prime ministers, while ministers from the same cabinet could be charged.

Former chief of CIAA Surya Nath Upadhaya says the former prime ministers will definitely be brought under probe as the court has already ordered it. “But it’s difficult to prove them guilty,” he adds. “It’s not the task of a prime minister to get involved in the land allocation process. Prime ministers don’t have time for these tasks.” I don’t think the former prime ministers are directly involved in the case, he says.

Former DIG of Nepal Police Hemanta Malla Thakuri says that as the court has already issued its verdict, it will be a bit easier for the police or the CIAA to investigate the case anew. “The investigating agency has back-up support now,” he says. “Without this kind of support, cases involving high-profile figures like former prime ministers are always an uphill battle.” 

Notably, Bijaya Kumar Gachchhadar and Chandra Dev Joshi, ministers in the cabinets of Nepal and Bhattarai respectively, were brought under the scope of the probe, even as Prime Ministers Nepal and Bhattarai, as well as the Chief Secretary authenticating cabinet decisions, remained exempt.

Justices Sinha and Chudal on Sunday ordered that the investigation should encompass all individuals engaged in the decision-making process starting from the top of the pyramid. The order has cleared the way for investigating agencies to include the two former prime ministers in their probe.

The cabinet meeting held on 11 April 2010 under then PM Nepal had decided to hand over government land in the names of private individuals. When the Land Revenue Office, Dillibazar, refused to execute the decision, stating that the task fell under the jurisdiction of the Land Reforms Office (LRO, the same cabinet decided that land revenue offices could handle the responsibilities of the LRO. On 13 Aug 2010, the cabinet decided to add names of some landowners and tenants “that were missing from the previous list”.

“It’s not the task of a PM to get involved in the land allocation process, so it will be difficult to prove the two former PMs guilty in this case” -Former CIAA chief Surya Nath Upadhyaya

The cabinet meeting held on 4 Oct 2012 under Bhattarai not only agreed, in principle, to hand over the Lalita Niwas land, which was under the Samarjung Company—an entity under the Ministry of Home Affairs—to Pashupati Tikinya Guthi, but also created fake tenants.

“This case will be forever alive if the probing bodies don’t subject Nepal and Bhattarai to investigation. Remember, the court has already ordered that they be brought under probe,” says Thakuri. “This landmark verdict will also help the police and the CIAA to probe other cases involving high-profile figures,” he adds.