Many of the victims of loan sharks who have been demonstrating in Kathmandu for the past months took high-interest loans that multiplied their debt. But among them are also families who are being forced by fraudsters with forged documents to repay money never borrowed. Here are some of them: Rajaram Sahani&nbsp; Rajaram Sahani lives by the highway in Rauthat district. Property prices have soared because of the proposed Nijgad airport, and land grabbers are targeting innocent farmers. One hot afternoon six years ago, he was handed a legal notice from the District Court that he had not paid back interest and capital on a loan for Rs637,000 from his neighbour, Trailokya Chandra Sahani. “He had lodged a complaint in the court saying I had not paid back a loan I never took, and he was demanding my land as compensation,” Rajaram says. Read also: <a href="https://www.nepalitimes.com/editorial/institutionalised-inequality">Institutionalised inequality</a>, Editorial  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20230721050732_2dd1169402bcf3353cf99d618e7c7c71e7aa711f1423f5bba39e33932d897e58.jpg" data-media-id="editor_1" data-image-id="20230721050732_2dd1169402bcf3353cf99d618e7c7c71e7aa711f1423f5bba39e33932d897e58" data-rendition-name="original" width="2250" height="1500" loading="lazy" alt="Rajaram and family"> <figcaption> </figcaption> </figure>  He then took the rubber print and his live fingerprint to a forensic lab in Lalitpur where technician Mukul Pradhan confirmed that although the two prints looked alike, one of them was not a real thumb. With this proof, Rajaram returned to the District Police in Rautahat and showed it to Superintendent Siddhi B Shah. But because the process of investigation would take more than the 24 days that the fake print maker Trailokya Sahani could be legally detained, he was not arrested. &nbsp; Rajaram then submitted a complaint to the court which sent the prints back to the forensic lab to again determine if they were rubber prints. A 3-member investigation team that included the same Mukul Pradhan, police DSP Udaya Jung Rana and Biswa Raj Poudel determined that the lab did not have the necessary equipment to confirm the authenticity of the rubber print -- even though two of its members had earlier said it was fake. Read also: <a href="https://www.nepalitimes.com/news/till-debt-do-us-part">Till debt do us part</a>, Ramesh Kumar  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20230721050736_2035fdcd81be4e0236fc0977548645722d35ba5d898b0fbc96dedd493f3a2a9e.jpg" data-media-id="editor_3" data-image-id="20230721050736_2035fdcd81be4e0236fc0977548645722d35ba5d898b0fbc96dedd493f3a2a9e" data-rendition-name="original" width="780" height="1040" loading="lazy" alt="Rajaram loan"> <figcaption>Loan document with fake fingerprints of Rajaram Sahani.</figcaption> </figure>  The District Court judge Keshav Kumar Pandey ruled that Rajaram was guilty, and ordered he pay back the interest and capital on a loan he never took that now had grown to Rs4.83 million.&nbsp; Rajaram’s appeal is sub judice at the Birganj High Court, and he has nothing left to lose and is at the sit-in in the capital against loan sharks.&nbsp; Ram Ishwor Sahani The life of Sarlahi fishmonger Ram Ishwor Sahani and his family was &nbsp;irrevocably changed when Naresh Kumar Sahani of Gaur filed a case against his 60-year-old mother Malbhogia Kumari for failing to pay off a loan of Rs2 million.&nbsp; The plaintiff requested the court to seize Malbhogia’s property if she failed to pay the 10% interest on her loan within the next 45 days. Not only had Malbhogia never borrowed any money from Naresh, neither she nor her family had ever met or heard of the loan shark. Her son suspected that her mother’s fingerprints might have been misused. Read also: <a href="https://www.nepalitimes.com/?p=21822&amp;preview=true" target="_blank">Some are more equal than others</a>, Anil Chitrakar  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20230721050740_c5f4b1cadeb323565450a0359db648daa07d861dc5ba5edc6de7248df904f7a3.jpg" data-media-id="editor_5" data-image-id="20230721050740_c5f4b1cadeb323565450a0359db648daa07d861dc5ba5edc6de7248df904f7a3" data-rendition-name="original" width="1000" height="750" loading="lazy" alt="Rajaram and Ram ishwor"> <figcaption>Ram Ishwor Sahani (left) and Rajaram Sahani.</figcaption> </figure>  The court ordered a lab analysis of the fingerprint on the loan document against Malbhogia’s own thumb prints, and they did not match. But as soon as the results came out, Naresh successfully filed a petition to withdraw the case without facing any consequences. Ram Ishwor’s mother is elated, but her son has not found any comfort. The court case had dragged on for two years, and he had had to place his land on collateral during that time. &nbsp; “I feared that we would be made homeless,” he explains. He is now planning to file a forgery case against Naresh Kumar Sahani, and is in Kathmandu demanding justice. Baiju Saha Kanu Baiju Saha Kanu of Rautahat was vindicated in a similar case involving fake fingerprints, after which he filed a forgery case against his neighbour Ram Binaya Shah, who had taken Baiju to court.&nbsp; But Ram Binaya was let off with a Rs30,000 fine, a mere slap on the wrist, and his brother took revenge by filing another fraudulent case against Baiju’s son, dragging the family to court once again.&nbsp; “Had he been sent to prison the first time around, neither he nor his family would have had the courage to commit a similar crime,” says Baiju Shah. Read also: <a href="https://www.nepalitimes.com/here-now/nepal-s-tax-system-widens-rich-poor-gap">Nepal’s tax system widens rich-poor gap</a>, Ramesh Kumar  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20230721050740_882b93bb910ad96445934e317ab3bc57f07948bc25ea7c150a2b54b74c656a2a.jpg" data-media-id="editor_7" data-image-id="20230721050740_882b93bb910ad96445934e317ab3bc57f07948bc25ea7c150a2b54b74c656a2a" data-rendition-name="original" width="831" height="1170" loading="lazy" alt="Baiju"> <figcaption>Loan document with fake fingerprints of Baiju Saha Kanu.</figcaption> </figure>  Dilli Kumari Karki Dilli Kumari Karki from Milan Chok in Rautahat lost her 11-year-old daughter Akrita Basnet who committed suicide last year. She believes it was because of the mental torture the family had to endure from loan sharks who were blackmailing them.&nbsp; Seven years ago, Karki borrowed Rs60,000 from Rural Development Bank to open a clothing store. To expand the shop, they also borrowed Rs100,000 from a neighbour, Namrata Lama, a local tailor.&nbsp; Three months later, Karki’s husband Sukram Basnet decided to become a cosmetic dealer and borrowed an additional Rs350,000 from Lama which the couple managed to return eventually after four months. Later, Lama asked Karki for a blank cheque in her name “just for recordkeeping”.&nbsp; Innocently, Karki gave her the signed cheque, and Lama told to her make another one because she “signed it incorrectly” the first time. Soon, Lama started demanding Rs1.5 million which she added herself on the blank cheque. Karki refused saying she had already repaid her loans, but Lama threatened to bounce the cheque.&nbsp; Read also:<a href="https://www.nepalitimes.com/editorial/nepals-political-economy/"> Nepal’s political economy</a>, Editorial  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20230721050744_d01cb7e3378fde3fe41a2f8a26ab8c803810063b40eb6c871e1090722d999ac3.jpg" data-media-id="editor_9" data-image-id="20230721050744_d01cb7e3378fde3fe41a2f8a26ab8c803810063b40eb6c871e1090722d999ac3" data-rendition-name="original" width="1500" height="920" loading="lazy" alt="Dilli NT"> </figure>  Fearing prosecution, Karki started borrowing money from other lenders to pay Lama. But after paying Rs1.5 million, Lama said that was just the “interest” and that Karki still owed the “principle” which amounted to Rs450,000. When Karki refused, she brought the other blank cheque to threaten her. So she kept on paying “interest” which has now added up to Rs4.5 million. When Karki tried to sell the family property to pay for the cancer treatment of her mother-in-law they found that Lama had forged land ownership documents, forcing them to reach a settlement by paying off another Rs250,000.&nbsp; Karki then tried to sell her own land to get out of the mess. But the middle men tried to threaten and blackmail the family in front of the children. After one such altercation, Karki left for Kathmandu and heard three days later that her daughter had hung herself in her room. Lama used to call Karki on multiple numbers but when this reporter tried them, she was never available. Read also: <a href="https://www.nepalitimes.com/news/first-the-good-news-sgm1d4u4">First, the good news</a>, Ramesh Kumar Post-script: Section 249 ‘A’ of Nepal’s Civil Code was amended through an ordinance in May to make unfair transactions punishable by seven years imprisonment and a fine of up to Rs70,000. A replacement bill was passed by parliament in June. But loan shark lobbies close to the JSP have demanded that the bill be repealed, staging counter-protests at Maitighar. In Rautahat alone, there have been 1,811 loan cases in the last fiscal year, 90% of which involve forgery and misuse of fingerprints. In May, the government formed an inquiry commission to address victims of loan sharks under former Special Court Chair Gauri Bahadur Karki, and 24,000 complaints were submitted, most of them from Madhes Province. Indeed, loan sharks have formed a syndicate in Madhes Province specialising in obtaining fingerprints from official documents and making rubber impressions, forging loan documents, bribing court and forensic officials and obtaining customised lab reports from the National Forensic Science Laboratory in Lalitpur. Read also: <a href="https://www.nepalitimes.com/here-now/crime-and-or-punishment-in-nepal">Crime and/or Punishment in Nepal</a>, Sonia Awale Reporting by: Centre for Investigative Journalism-Nepal, Man Bahadur Basnet, Sagar Chand, and Archana Darji

original

674x448

610x380

500x500

400x266

400x240

400x203

301x200

1250x600

1084x550

Matter of life and debt

<figure></figure>										<img width="1698" height="1176" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109151112/636bb58f9c7e80680e07bc0djpeg.jpg" alt=""/><figcaption>Illustration: CIJ NEPAL</figcaption>												Top secret documents prepared by the US government’s Financial Crimes Enforcement Network (FinCEN) and leaked to the media have revealed $2 trillion in suspicious money transfers, and include files that involve some of Nepal’s top banks.The information is contained in ‘Suspicious Activity Reports’ (SARs) sent by banks to the American financial watchdog between 1999 to 2017, and most involve transactions with countries on which the US has imposed sanctions, like Russia, North Korea, Iran and Cuba, or Chinese companies which Washington has blacklisted. Some of these SARs involve transfers through Kathmandu-based banks, and by Nepali firms a few of which appear to be front or fake companies, or ones that are defunct. Banks report transactions when they suspect that money laundering or criminal activity is suspected, but they do not necessarily mean that the companies or individuals named have broken the law.The Nepal files contain transactions made through nine banks, 10 companies and other individuals between 2006-2017 and include some of the big names in banking. However, the companies are less well known, and some of the individual names appear to be security guards or Nepali overseas workers sending money home. Even so, some of the Nepal-based companies named appear to have been involved in smuggling gold, antiquities, or trading in asphalt and telecommunication equipment. The transactions flagged in the FinCEN leaks in Nepal were through Standard Chartered Bank, Prime Commercial Bank, Bank of Kathmandu, Nepal Investment Bank, Everest Bank, Mega Bank, Himalayan Bank, Apex Development Bank of Kaski, and Nepal Bangladesh Bank.The leaked documents contain the names of 10 little known Nepal-based companies including Rauniyar Brothers &amp; Co of Birganj, Subha Samriddhi Traders Pvt Ltd of Kathmandu, Shasta Trading Company, Setidevi Export Import Pvt Ltd, L D International Pvt Ltd, Felt and Yarn Pvt Ltd, Woman’s Paper Crafts, Acme Money Transfer Service, and Sunny Enterprises. Some these were never registered, others appear to be front companies, and some are closed. Of the nearly $300 million worth of transactions through Nepal that were flagged in the FinCEN documents, $177.6 million were bank transfers of which $103 million were transferred out of Nepal and $74.6 million were remitted into the country. There were also $48.2 million worth of possibly illegal transactions in various countries with Nepal links, and another $75 million transactions not in Nepal, but involving Nepali-sounding surnames and addresses. Most of the transactions in the FinCEN leaks that raised red flags, including those by Rauniyar Brothers and Shubha Shambridhi Traders, involved over $70 million in Letters of Credit through Standard Chartered Bank in Nepal and its branches abroad. The Rauniyar transactions went through the Dubai-based Kite International FZE, and involved import and export of petroleum products. They were sourced from Bandar Abbas port in Iran in contravention of US-sanctions, and the shipment documents were reportedly forged to look like they came through Dubai.When asked to respond, Pranu Singh of Standard Chartered Bank Nepal said the bank was bound by client confidentiality and did not comment on specific cases. ‘The reality is that there will always be attempts to launder money and evade sanctions,’ she wrote in an email reply. ‘We take our responsibility to fight financial crime extremely seriously and have invested substantially in our compliance programs.’  The other companies involved appear to have been involved in using banking channels to fund gold smuggling operations via jewellery companies in Hong Kong and Dubai between 2009-2011. Some banking transactions appear to have been listed in the SARs because they involved Chinese telecommunication company ZTE that is on a US blacklist, while others were  transfers from Nepal to known tax havens like the British Virgin Islands, Seychelles and Luxembourg.  The leaked files also include transfers of amounts as small as $120-500 to Nepali companies and from Nepali workers in Iraq and other countries that for some reason were in the suspicious activity reports sent by corresponding banks as long as ten years ago. However, some of the companies listed, like Woman’s Paper Crafts, are not even officially registered in Nepal.Two separate reports in the FinCEN leaks concern possible payments for smuggled Nepali religious artifacts. Standard Chartered Bank New York flagged American Nancy Wiener Gallery and several other dealers suspected to be involved in the illegal trade of antiquities. Some of them were linked to Subhash Kapoor, an Indian national and the Art of the Past Gallery owner in New York, who used to facilitate artifacts smuggling from India to the United States. He was arrested by Interpol in 2011 at Frankfurt airport.Nancy Wiener Gallery was cited in the FinCEN leaked files for suspicious transactions worth $27 million between 2010-2017. This is the same gallery that sold a stolen 16th-century bronze from Nepal in 2010 and transferred the payment to Pantheon Worldwide in Hong Kong. The bank that filed the suspicious activity report said: ‘The transactions appear to be related to antiquities that were potentially purchased and sold illegally.’Nepal’s Money Laundering Prevention Act requires banks and financial institutions to report suspicious transactions to the Nepal Rastra Bank’s Financial Information Unit (FIU). The Act bars clients from making transactions under anonymous or fictitious names. Financial institutions also need to keep a separate record of transactions of high-ranking officials in the political, administrative, and judicial spheres. Although some of the suspicious transactions in the FinCEN report are dated, there appears to be a gap in the way Nepal’s banking sector monitors international transfers. This poses a serious challenge, and could push Nepal towards an international blacklist of high-risk countries.Nepal Rastra Bank Governor Maha Prasad Adhikari says Nepal has enacted laws against money laundering and has set up a Financial Information Unit (FIU) at the central bank. “However, having legal provisions doesn’t mean that money laundering will not happen. We don’t claim that we are good at implementing laws, but it’s getting better as time passes,” Adhikari added. “We have fined six banks and financial institutions for mishandling Know Your Customers forms and failing to monitor and report money laundering. Nepal Rastra Bank is committed to preventing money laundering. There won’t be any ifs or buts.”The latest ‘<a href="https://www.buzzfeednews.com/article/jasonleopold/fincen-files-financial-scandal-criminal-networks" target="_blank" rel="noopener noreferrer">FinCEN Files</a>’ contain top secret financial records obtained by BuzzFeed News and shared with the <a href="https://www.icij.org/investigations/fincen-files/" target="_blank" rel="noopener noreferrer">International Consortium of Investigative Journalists (ICIJ)</a> and other news organisations. In Kathmandu, follow up investigations were conducted by the <a href="https://cijnepal.org.np/fincen-files-nepal-nexus/" target="_blank" rel="noopener noreferrer">Centre for Investigative Journalism Nepal (CIJ-N)</a>.Krishna Acharya, Ramu Sapkota and Shiva Gaunle. Arun Karki and Pramod Acharya also contributed to this report.Centre for Investigative Journalism Nepal

Nepal figures in leaked money laundering report

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109141140/636bae749c7e80680e077ff4jpeg.jpg" alt="" width="1600" height="900"/>Last September, contractor Sujan Poudel filed a complaint at the Commission for the Investigation for the Abuse of Authority (CIAA) against police deputy superintendent Shyam Kumar Rai, accusing him of soliciting a bribe. The CIAA decided to catch Rai red-handed in a sting operation.A month later, Poudel went to Rai’s office and surreptitiously planted Rs140,000 in cash in the police officer’s drawer. Immediately after, officials from the CIAA who were hiding outside barged into the office and arrested Rai.The media ran the news: ‘DSP Rai arrested with Rs140,000 bribe money’. The CIAA took Rai under custody and filed a corruption case at the Special Court. In his statement, Rai accused Poudel of framing him because he had taken action against the contractor for illegal sand mining and quarrying.As evidence, the CIAA had submitted a video footage of the cash in Rai’s drawer. But when police examined the video, they found that the CIAA team seemed to know exactly where to look for the cash. “Take out money from the drawer,” a member of the CIAA team is overheard saying.The Special Court analysed the video, and ruled that Rai had indeed been framed by Poudel. The justices said in their judgement: “It seems the CIAA has worked at the behest of special interest groups unhappy with a strict ban on illegal sand extraction,” said one of the judges of the fast-track court established to deal with corruption cases.Pralhad Dhital, an assistant forest officer of the Kavre District Forest Office, was attending a training organised in Kathmandu last month when Jagatlal Tamang, an entrepreneur of Kavre, repeatedly telephoned him asking for a meeting. Tamang came to Kathmandu and the two went out to a cafe. At the table, Tamang abruptly put Rs20,000 in Dhital’s hand, and suddenly CIAA officials lurking nearby pounced on Dhital.The media reported: ‘Kavre Forest Official Caught Red-handed accepting Bribe’.Tamang later confessed that he had indeed decided to frame Dhital after he refused permission to fell 56 pine trees in a private property. He added that CIAA officials helped him write his application and showed him how to carry out the sting operation. As with many other cases, Tamang framed Dhital with the active collusion of the agency mandated to fight corruption. Dhital was suspended from his job.Not only does this show that media headlines about corruption may be misleading, it has also exposed questionable practices at the CIAA. Records show that the anti-corruption agency is regularly using sting techniques in petty offences to catch small-time criminals. Last November the agency arrested traffic policeman Nabin Kumar Jha of Dhanusha, while receiving a Rs1,000 bribe. Jha was arrested shortly after receiving ‘bribe’ planted on him by a CIAA driver.In Kaski the CIAA’s Pokhara Regional Office acting on a complaint, planned a sting operation against land revenue officer Dipak Subedi by getting an official posing as someone needing a job done. Subedi was caught while accepting a Rs3,000 bribe from an undercover CIAA official, and agency filed a case against him.The CIAA has even conducted a sting operation to arrest a messenger at the Land Reform Office in Itahari. In a clear case of entrapment, it offered Arjun Mandal Rs2,000 for a service, which he accepted. He was arrested and charged.Instead of going after officials and politicians who embezzle billions with impunity, critics say, the CIAA is targetting corruption. They say the agency is carrying out these operations so it can boast about the number of corruption cases it has cracked. Indeed, the CIAA’s annual report for 2018-2019 cites ‘a record number of corruption cases’.At a press conference in January, CIAA spokesperson Pradeep Kumar Koirala patted himself on the back by saying that the agency had performed “a great achievement” by busting so many corruption cases. Out of 351 graft cases filed by the CIAA last year, 147 were bribery and of these in 40% the accused was apprehended using sting tactics. This year, the number of sting operations has shot up to 181 cases – of which half were cases involving less than Rs25,000 in bribes. Of the total 277 arrested 69 were junior civil servants and 16 were messengers and peons.“Previously, cases of fake academic credential used to top other corruption cases,” said Gauri Bahadur Karki, former chair of the Special Court, ‘these days, they have been replaced by sting operations.”Details of the CIAA’s own annual report reveal that the powerful constitutional body that is entrusted with controlling graft and malfeasance in government and ensure good governance is busy with petty bribes, and arresting junior-most government employees.The CIAA is obviously taking the easy way out to fulfil its case quota, while trying not to ruffle any feathers. It is not going after powerful officials involved in tax evasion, investigating ill-gotten wealth, or following the money trail in corruption involving senior officials. It is enticing low-level officials who put their hands in the honey pot.“CIAA has not followed the instructions of parliamentary committees to go after big fish in high-profile cases like the Airbus deal, Ncell tax and Yeti Holdings. None of those scams were investigated, but it is targeting petty corruption just to show that it is meeting targets,” said Karki.The sting operation has raised ethical issues of whether entrapment is an acceptable way to nab public officials. Should the CIAA even be tempting junior bureaucrats by using a bribe as a trap. Is it even legal?As per Article 239 of the Constitution the CIAA can investigate wrongdoings of any public position holder and file corruption case against them if charges are established. Section 30 of the regulation states that the CIAA can provide money to informers if any public position holder seeks bribe. But there is no provision of legal action against bribe receivers and providers.The CIAA has been using this Section to conduct sting operations whereas Section 3 of Corruption Prevention Act-2002 clearly states that both bribe receivers and providers should be punished for bribery. Ironically, this may actually make the CIAA also liable for corruption.“CIAA can file corruption case if someone is caught taking a bribe,” said constitutional expert Bhimarjun Acharya, “but a constitutionally empowered body’s involvement in using cash to trap someone is not really acceptable matter in any civilised society, and it goes against the rule of law.”Another advocate Bishnu Prasad Ghimire argues that the CIAA’s sting operation is guided with the intent of improving its success rate in controlling corruption by trapping citizens.  “State agencies should not be involved in such activity, and the use of state coffers to entrap citizens is not acceptable,” said Ghimire.Ghimire says sting operations by a state agency is actually illegal and objectionable. As per Nepal’s criminal law, only Parliament can determine which act is a crime and which is not.Acharya recalls that sting operations have been used in the United States and India, but the courts there have set a precedent by annulling the provision of providing money to trap criminals. He says as democracy with the rule of law, Nepal should follow that practice.The US Supreme Court in <a href="https://supreme.justia.com/cases/federal/us/503/540/" data-saferedirecturl="https://www.google.com/url?q=https://supreme.justia.com/cases/federal/us/503/540/&amp;source=gmail&amp;ust=1595658441786000&amp;usg=AFQjCNH07kw3Z3XtVIHIDEfMKSIkPMbtAg">an order issued on April 1992 states</a>: ‘In their zeal to enforce the law, government agents may not originate a criminal design, implant in an innocent person's mind the disposition to commit a criminal act, and then induce commission of the crime so that the government may prosecute.’In a ruling, India’s Supreme Court has also raised moral questions about sting operations with the <a href="https://indiankanoon.org/doc/120178732/" data-saferedirecturl="https://www.google.com/url?q=https://indiankanoon.org/doc/120178732/&amp;source=gmail&amp;ust=1595658441787000&amp;usg=AFQjCNFD_9ZxQf78QImt73MtvIr34R_USg">order</a>: ‘Being essentially a deceptive operation, though designed to nab a criminal, a sting operation raises certain moral and ethical questions. The victim, who is otherwise innocent, is lured into committing a crime on the assurance of absolute secrecy and confidentiality of the circumstances raising the potential question as to how such a victim can be held responsible for the crime which he would not have committed but for the enticement.’ ,” states theIn Nepal, too, a case has been filed in the Supreme Court challenging the CIAA’s use of stings. However, Pradeep Koirala at the CIAA defends the practice saying the agency provides money to victims of corruption to break the chain of bribery. “We facilitate it only when service seekers do not have the money for the bribe and approach us with an application,” he added.Even former police chief Hemanta Malla who has worked at the CIAA says the agency’s use of stings goes against the basic principle of ‘secret action’. He admits that sting operations can be used to expose serious crimes like match fixing, human trafficking and drug trafficking, but says the use of sting operations against petty crime is ‘overkill’.“The target of secret action should be to break organised crime networks, but the CIAA’s operation seems just focused on arresting junior-ranking officials. This should be stopped because the sting tool can be misused,” Malla added.Advocate Bhimarjun Acharya is clear about how to complain about corruption in Nepal: “There are so many ways citizens can lodge complaints against bribery, but entrapping someone as part of an investigation is not the way in a civilised society.”<a href="https://cijnepal.org.np/" data-saferedirecturl="https://www.google.com/url?q=https://cijnepal.org.np/&amp;source=gmail&amp;ust=1595658441787000&amp;usg=AFQjCNFNx-tiTfqcQt1OnemJShWk6Bp_yQ">Center for Investigative Journalism-Nepal</a>

CIAA traps small fish, lets big ones go

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101132/636a22c09c7e80680e0417a6jpeg.jpg" alt="" width="800" height="542"/>In February 2015 The International Consortium of Investigative journalists (<a href="https://www.icij.org/">ICIJ</a>) revealed that Nepalis held Rs5 billion in secret Swiss bank accounts. Most people thought the money must have been parked there by Nepal’s corrupt politicians.But after the Centre for Investigative Journalism Nepal (<a href="http://cijnepal.org.np/category/english-posts/">CIJ Nepal</a>) went through 3,000 pages of documents from <a href="https://www.icij.org/investigations/swiss-leaks/">Swiss Leaks</a>, <a href="https://offshoreleaks.icij.org/">Offshore Leaks</a>, the <a href="https://www.icij.org/investigations/panama-papers/">Panama</a> and <a href="https://www.icij.org/investigations/paradise-papers/">Paradise Papers</a>, the names were of Nepal’s top business people. Even foreigners had deposited money in the banks using Nepali addresses and documents.Savings of Nepalis in the banks have now crossed Rs50 billion, email correspondence between CIJ Nepal and Swiss banks show.The records also reveal that Nepalis started to deposit money in Swiss banks the year after the Maoist insurgency began in Nepal in 1996.Nepalis had Rs1.25 billion in the Swiss National Bank in 1996, but that figure doubled to Rs4.1 billion by 2006, when the war ended. Nepalis deposits in the two years after the conflict declined to Rs3.9 billion. Records show that Nepali have withdrawn Rs 15.6 billion from Swiss banks so far.The biggest Nepali depositers in a Swiss bank are Minu Shah Chhibber, and her two sons who live in the UK. They had Rs2.6 billion in Swiss banks in 2006-7. Even some foreigners are found to have used Nepali documents to deposit their money in Swiss banks, including an Israeli national using a Nepali passport to open an account with ‘Kathmandu’ as his address. Other account holders who have Nepal connections are Indians.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101132/636a22c39c7e80680e0417a7jpeg.jpg" alt="" width="1250" height="813">Despite it banking secrecy laws, an agreement between the Swiss government and the European Union in 2015 after the Swiss Leaks ends the exclusive confidentiality, and the Swiss agree to provide account details if demanded. The ICIJ says Swiss banks have profited from dictators, corrupt politicians, business persons who evade taxes and organisations that make money through the illegal transaction of weapons and drugs by allowing them to deposit their earnings.The country with the biggest Foreign Direct Investment (FDI) in Nepal is not China, India or the United States as one may presume, but the tax haven state of the British Virgin Islands. Of the total Rs137.67 billion received as FDI in the last two decades, the share of the British Virgin Islands (BVI) accounts for 45%. They obtained approval from the Nepal government to invest in and establish industries worth Rs8 billion.In 2017, the Panama Papers revealed that seven Nepalis including Upendra Mahato, the founder of Non-resident Nepalis Association, had invested in tax haven states. The ICIJ and CIJ Nepal collaborated in digging more into these investments, and found that Nepali businesses have used tax havens to evade taxes in Nepal or to transfer the illegally earned money to launder it. The money was then repatriated to Nepal under foreign direct investment (FDI).Investigations show that Birendra Mahato, a former lawmaker and central committee member of Federal Socialist Forum party, his elder brother Upendra Mahato, Niraj Govinda Shrestha, a non-resident Nepali and Ajeya Raj Sumargi, a businessman, are involved in this elaborate money laundering scheme. They used the sale of the telecom company Ncell to avoid paying capital gains tax in Nepal.After a G-7 Summit established the Financial Action Task Force on Money Laundering (FATF) to combat money laundering and terrorist financing the Paris-based organisation has been blacklisting countries. The FATF blacklists countries not cooperating in anti-money laundering financing. Nepal committed to abide by the criteria drawn up by the FATF and its Asia-Pacific Group in 2012 and passed the Money Laundering-related Act.  However, given these revelations, there is still a possibility that Nepal could be blacklisted in future.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108101132/636a22c69c7e80680e0417a8jpeg.jpg" alt="" width="1250" height="797">“While Nepal avoided the scrutiny and monitoring criteria of the global community in 2014 due to legislation and institutional reforms, there has not been effective implementation of the laws,” states Finance Minister Yuba Raj Khatiwada’s white paper on the economy last March.Nepali companies have also dealt with Mossack Fonseca, the intermediary law firm in BVI that helps businesses to want to launder their money by finding them legal loopholes in tax haven countries. In 2015, the ICIJ published details of the firm in the Panama Papers, after which it closed down.Panama Papers emails show that in 2008 Nepal’s Milap Group approached Mossack Fonseca to bid for a tender from the Nepal Supreme Court calling for an international consultant for Judicial Mapping and Judicial Assessment for a project on legal and judicial reforms. Milap Group emailed to Mossack Fonseca proposing to jointly apply for the tender, which a Mossack Fonseca official declined, saying the two could collaborate in future. Milap Group has been involved with foreign companies printing excise stickers for Inland Revenue Department, bank notes for Nepal Rastra Bank and passport printing and supply of Ministry of Foreign Affairs.Another company linked to Mossack Fonseca is Nepal Ventures registered in BVI. It is not clear from the Panama Papers who was listed as the owner, but a company with a similar name is registered at the Office of Company Registrar in Nepal with Dhanusha lawmaker Juli Kumari Mahato as main investor. The company has 20 percent share capital investment in United Telecom Limited. Mahato is the wife of Raghubir Mahaseth, Minister of Physical Infrastructure and Transport and sister of Upendra Mahato and Birendra Mahato. When asked, Juli Kumari Mahato denied having investments abroad, and said “it is a mere coincidence” that a company with similar name existed in the British Virgin Islands.The ICIJ and CIJ-Nepal investigations have also shown how money is laundered from tax havens into Nepal as Foreign Direct Investment (FDI). Records show that the Saurabh Group chaired by Bishnu Prasad Neupane, brought foreign investment from the BVI to build a hotel in Bhaktapur, but construction was stopped after Madhyapur Thimi Municipality found the 17-storey building only had permission for a five-floor structure.Saurabh Group brought the investment for the hotel from the BVI-based Global Technology and Trademark Company, and the Rs1.94 billion proposal was approved by the Department of Industry in 2013.Sulav Agrawal is the director of four companies under the Saurabh Group and brought Rs300 million in FDI from a UAE-based company to manufacture soap and betel nuts in Birganj. Agrawal is also vice-chairman of Shankar Group, but the UAE company has the same name as the one based in the BVI: Global Technology and Trademark which was also found to be evading taxes in its ventures in Parsa district.Krishna Holdings Ltd of Hong Kong has a 45% stake in Sarbottam Cement Pvt Ltd of Nawalparasi, also run by the Saurabh Group. The remaining 55% shares are owned by Neupane and his relatives. Just like how Global Technology and Trademark is operating out of not just the UAE but also the BVI, the Hong Kong-based Krishna Holdings is related to the UAE-based Krishna International.Krishna International Ltd has mentioned on its website that it has invested in as many as 22 countries including Nepal, Mauritius and Cyprus. Ramesh Kumar Sawarthia has brought Rs29.5 million from Hong Kong to build a commercial complex in Gyaneswor, Kathmandu in 2005.The British Virgin Islands-based Global Technology and Trademark has also invested Rs 240 million in the printing and lamination sector. This company has no Nepali partner, but Saurabh Group’s Jagadamba Synthetic and Quality Roto Packaging is also in the printing and lamination business.Four companies in which Saurabh Group’s Neupane has invested, have benefitted from Nepal’s controversial tax settlement policy which allowed them to get away with paying just 3.45% of the total taxes due to the state after a Commission formed by Finance Minister Ram Sharan Mahat in 2015 waived payments.The CIJ Nepal Nepal investigation based on the Paradise Papers leaks obtained by the German paper Süddeutsche Zeitungin 2017 also unearthed links between Nepal’s Laxmi Cement and tax havens in the BVI, the Isle of Man, Seychelles as well as two Indian investors. Shareholders of Laxmi Cement are also involved in KEPY Cement Udyog of Dhading and Ghorahi Cement of Dang.The Act Restricting Investment Abroad, 1964 bars Nepalis from investing in a foreign country, but the ICIJ and CIJ-Nepal investigation found that 55 Nepalis have invested in foreign countries which includes well-known captains of industry in Nepal and non-resident Nepalis. Although the law does not bar NRNs from investing abroad, but there are questions about their offshore companies.Former lawmaker Birendra Mahato, who is currently a central member of the Sanghiya Samajbadi Forum-Nepal, has invested in the ‘OJSC Amkodor Holding Limited Company’ in Belarus with his brother Upendra and another overseas Nepali Niraj Govinda Shrestha, and a foreign partner Romeo Abdo, who also happens to be linked to the Ncell tax-evasion case. Abdo, who is of Lebanese origin has been doing business in Belarus, represented the TeliaSonera in Ncell in whose ownership transfer of nearly Rs61 billion (the amount has reached Rs 72 billion now) was implicated in evading Nepal’s capital gains tax. Birendra Mahato admitted having the investment seven years ago, but not anymore, and denied knowing Abdo.For full five-part investigation go to <a href="http://cijnepal.org.np/category/english-posts/">CIJ Nepal</a>

Nepalis in tax havens, Swiss banks, money laundering

One smoggy winter morning in February 2019, Ekta regretted coming to her sculpture class. It was the first day of her period, and the 19-year-old wished she was home, curled up in bed with a hot water bag to soothe her cramps.
Her class was at Kalapremi Ceramic Studio, a dark room on the ground floor of a house in Maharajganj, and Ekta’s teacher was the artist Gopal Das Shrestha ‘Kalapremi’, a noted sculptor.
Two other students were already there, using all their muscle strength to knead the sculpting clay. Ekta, now 24, recalls how Kalapremi asked her if she was feeling all right. She avoided him, as she did not want everyone to know she was menstruating.
Kalapremi repeatedly asked Ekta what was wrong. She finally muttered that she was having her period, after which he grabbed her hand and led her to a partitioned corner of the studio and sat her on a chair. Before she could stop him, he slid his hand under her dress, and started massaging her abdomen.
“I was horrified,” Ekta recalls. “I told him to stop, but he didn’t listen, asking me not to be shy, saying he knew how to relieve my pain. He stopped only after I protested furiously.”&nbsp;
The art tutor then said, “You’re like my daughter. I’m doing it out of love to make you feel better, but you’re so stubborn.”&nbsp;
“Instead of saying sorry he acted like I was the one having crazy thoughts,” remembers Ekta, adding that from April 2016 to August 2020 beginning the time she was 16, the artist sexually abused and harassed her on several occasions. &nbsp;
Now, Ekta and the artist’s other former students are finally sharing their experiences and some are pressing legal charges against him, hoping that others do not have to endure what they did.&nbsp;
Award-winning artist and teacher Gopal Das Shrestha ‘Kalapremi’ (the name means ‘Art Lover’) is known for his ceramic art, sculpture, and contemporary pottery. He was <a href="https://nepalitimes.com/review/the-house-of-kalapremi">profiled in Nepali Times after a collaborative exhibition</a>, ‘Where the Wild Things Are’ at the Siddhartha Art Gallery three years ago.&nbsp;
His pieces, titled Gaalis, featured sculpted female figures with the heads of dogs, sheep, and donkeys (pictured) to depict derogatory terms for women. Some critics said the collection was a satire on feminists.
Kalapremi started his artistic and teaching career in 1983 and over the years taught at Bhanubhakta School, Kathmandu University School of Arts, Lalitkala Campus and at his private Kalapremi Ceramic Studio. He has also lectured at Jeonju University in South Korea and recently at Tabor Academy in the United States.
Seven of Kalapremi’s former students were interviewed for this story. Five female students said he touched them inappropriately in his studio or at Kathmandu University. Two male students said they witnessed him abuse and harass the women. In all cases, the students struggled to recognise the abuse when it occurred, and the lack of reporting systems left them to cope on their own for years.&nbsp;
Earlier this year, students shared a social media post hinting at Kalapremi’s history of abusive behaviour following which more students of the artist reached out sharing similar experiences. Some students spoke of abuse that happened as long as 20 years ago.
Kalapremi, 60, has denied the allegations. He told Nepali Times: “Some years ago, there was a movement encouraging people to hug and kiss. I used to do it purely out of friendship and love. But after seeing posts on social media last year calling out my behaviour, I realised my actions may have hurt some people. I understand now that I should have been more mindful.”
He added: “I am also an auxiliary health worker, so I know the exact points to massage to relieve menstrual pain. It’s not just menstruation, I take anyone who is ill to the hospital.”
Sexual abuse is much more rampant than reported given how difficult it is to prove it in court. The law defines sexual abuse as occuring when someone touches another’s private parts, coerces them into touching theirs, uses vulgar language, shows degrading images, or behaves indecently towards them without consent.&nbsp;
Ekta and her fellow students are consulting lawyer Suneeta Regmi Pokhrel, who says they know that even if the court decides in their favour, it is difficult to survive after speaking up, and influential men defend themselves saying they are being framed.&nbsp;
“They are in a lot of pain and weep when recalling how he abused them,” Regmi Pokhrel told us. “They are angry and have filed a case against him, but they are also terrified. They know he is a powerful man and they have seen how our society treats women who speak up against abusers. Unless people speak up, perpetrators will be emboldened.”
Art and academia in Nepal simply reflect the power imbalances in society where people with intersecting identities experience worse forms of abuse. Theatre actors Raj Kumar Pudasaini, Rajan Khatiwada, and Sunil Pokhrel were called out during the #MeToo movement in the Nepali theatre scene in 2019. Even after the allegations Pokhrel went on to receive national awards, while others continued to work without repercussions.
“If you speak up against abusers, you gradually get sidelined from projects,” explained a theatre artist who wished anonymity fearing professional setbacks. “The theatre scene in Nepal is quite small, you just have to make peace with the perpetrators and work with them if you want to sustain yourself.”&nbsp;
In academia there is a history of faculty members sexually harassing students and getting away with it. After Tribhuvan University (TU) lecturer Krishna Bhattachan was accused of harassing women students, the university said it would follow Nepal’s sexual harassment law and set up a reporting mechanism. But nothing happened to the professor, who had already retired. Instead, he counter-accused the students of 'attacking the indigenous people’s movement with baseless allegations' as <a href="https://kathmandupost.com/letters/2019/01/29/bhattachan-responds">he told the Kathmandu Post in 2019</a>. He continues to be featured as a prominent speaker including at TU.
Other faculty members previously accused of sexual harassment include Jagadish Murti Koirala from TU, Bishnu Prasad Acharya from Ratna Rajya Campus, and Bodha Raj Tripathee from Lalitpur Madhyamik Vidhyalaya. A woman staff member from TU also filed a sexual abuse complaint against Dambar Chemjong from TU.
Prominent figures like <a href="https://nepalitimes.com/news/the-rise-and-fall-of-nims-purja">mountaineer Nims Purja</a> have been <a href="https://www.nytimes.com/2024/05/31/sports/mountaineering-sexual-harassment-abuse-nims-purja.html">accused of sexual assault</a>, and cricketer Sandeep Lamichhane, actor <a href="https://nepalitimes.com/news/celebrity-rape-case-spotlights-nepal-laws">Paul Shah</a>, and former speaker of Parliament <a href="https://nepalitimes.com/news/mahara-arrested">Krishna Bahadur Mahara</a> have been accused of rape, but society-at-large has let off the alleged perpetrators amdist a larger debate about justice for survivors and punishment of perpetrators.&nbsp;
‘Gaushala-26’ is the court name given to the 18-year-old who accused Sandeep Lamichhane, former captain of Nepal’s national cricket team and skipper of Biratnagar Kings in the <a href="https://nepalitimes.com/here-now/here-comes-the-nepal-premier-league">ongoing Nepal Premier League</a>, of rape. She left the country citing society questioning her character affecting her mental health while Lamichhane got an outpouring of support. In May, the Patan High Court overturned a prior verdict that found Lamichhane guilty of rape and had sentenced him to eight years in prison. During the 23-month legal battle to pursue justice, Gaushala-26 faced threats of gang rape and acid attacks.&nbsp;
Exhausted by the struggle, Gaushala-26 sought to “move to a new world” where she could live free without hiding her identity.
Actress Samragyee Rajya Laxmi Shah in an Instagram video now deleted detailed the harassment she faced from a filmmaker during a movie shoot. She did not name any name but veteran actor Bhuwan KC filed a defamation case against Rana, but the court ruled that the charge lacked sufficient evidence.&nbsp;
Former Kathmandu mayor <a href="https://nepalitimes.com/opinion/theytoo">Keshav Sthapit also mocked the #MeToo movement</a>, calling accusations against him by journalists Rashmila Prajapati and Ujjwala Maharjan “a rape of men’s rights”.
Serial Abuse
Back at the Kalapremi Ceramics studio, another former student, 24-year-old Rajiv, says he felt the need to speak out after seeing his female classmates being abused.&nbsp;
“He frequently kissed them on their cheeks,” he told Nepali Times. “Whenever they walked into the studio he flailed his arms like a child asking for a hug. They awkwardly hugged him from the side, but he pulled them closer, held their chin, and kissed their cheeks.”&nbsp;
Rajiv says he also saw Kalapremi pull the women’s bra straps, touch their breasts, and slap their buttocks. The young students would freeze, not knowing how to react, and if they protested, he would say it was “normal in art”. Rajiv, 19 at the time like his classmates, remembers thinking perhaps the well-respected artist was right after all.
Another student, Luna, who took lessons at Kalapremi’s studio from 2020 to 2022 did try to confront the tutor after he made an obscene proposal to her. She recalls: “One day when the other students had left the studio and it was just the two of us, he told me that God had given him special artistic talent and he could transfer those powers to me. But to do that both of us will have to be naked, inside a dark room, and have sex.”
Luna, who was 18 then, was livid and told him she did not want any of his powers, but she says he laughed at her as if he was joking. She did not tell her family about the incident because she thought no one would believe her.&nbsp;
“They were all in awe of this famous artist and felt I should be grateful that to be learning sculpting from him,” she says. “I was scared to be alone with him in case he talked about sex again. My coping mechanism was to be rude so he wouldn’t try to come close to me.”
Seeing how some classmates were standing up to Kalapremi, Ekta too tried to push back against his advances, but she said he found ways to coerce her. Since Ekta, Rajiv, and Luna could not afford Kalapremi’s Rs30,000 monthly fee for lessons, he had offered them all a stipend to assist him in the studio.
“He had spondylosis and took me to his therapy sessions to learn massage techniques, then he often made me and other students massage him,” says Ekta. Whenever she refused, he would feign pain to make her feel sorry for him. “He would insist that I put my hands under his shirt so that I could massage him better,” she adds.
The art tutor often tried to “seduce sympathy” from Ekta by sharing how he had never been loved as a child and was “sexually frustrated” as an adult.&nbsp;
“At 7PM, he would pour himself Signature whiskey and immediately go off again about how he was sex-starved. I didn’t know how to respond. It took me time to realise alcohol was just an excuse to talk about sex,” Ekta says.
If convicted, Kalapremi could face financial penalty and/or a prison sentence of up to three years according to Section 224 of National Penal (Code) Act 2017.&nbsp;
Data suggests that victims of child sexual abuse on average take nearly 24 years to tell someone about their trauma, and some may never disclose it at all.&nbsp;
“In our culture, children are rarely taught about boundaries. They often react, show anger when adults pinch their cheeks. But adults insist they did it out of love, and force the children to accept it,” says Sita Lama, a psychotherapist at Manka Kura. “And even when someone touches them inappropriately they struggle to identify and verbalise it.”
When perpetrators claim to be “acting out of love”, Lama says survivors are likely to perceive it as something safe, rather than recognising it as abuse.&nbsp;
“It may take years for them to realise they were abused,” she explains. "And even when they become aware, the power imbalance with the abuser and the associated shame often prevents survivors from speaking up."
Other former students from the School of Art at Kathmandu University have also come forward years later, saying Kalapremi sexually abused them. As young adults, they felt his behaviour was off but were uncertain if it was inappropriate, illegal, or they did not know how to respond. After having understood that it was indeed abuse, they say they are speaking out now to protect others.&nbsp;
Amina Singh, a visiting faculty member at Kathmandu University, says there is no clause against sexual abuse in contracts of teachers, and there is no formal grievance handling mechanism for the students.&nbsp;
“So the only way students can to deal with sexual abuse is approach someone they trust,” she says.
Eight other former art students of Lalit Kala Campus and Srijana College of Fine Arts of Tribhuvan University and other private art studios in Kathmandu say they were also sexually abused by their art teachers. Three faculty members interviewed from these institutions said they saw the abuse, but felt it was futile to report it given how powerful the teachers were.
In the absence of a formal system, some longtime women artists warned each other about “problematic” artists. They shared &nbsp;a “heads-up” to be more cautious when collaborating with them, and avoided responding to their calls and texts after work hours.
To ensure art institutions are safe for all, galleries, museums, artist studios, and smaller art spaces need to develop policies on sexual harassment. This would include a code of conduct or studio policies that hold the leadership accountable and outline the principles of professional ethics.&nbsp;
Students and employees should inquire about accountability mechanisms for raising concerns, both formally and informally, advocates say.
Three years after Ekta left the ceramics studio, she learnt that Kalapremi had harassed many other women. Still trying to get a footing in the art industry, she attended a workshop in Kathmandu where women artists discussed ways to stay safe in the art sector.&nbsp;
Since it was a close-knit group Ekta opened up about how she felt violated and realised she was not alone, he had been abusing underprivileged students for years, and this was common knowledge among artists in Nepal.
Ekta says that even after she quit, Kalapremi continued sending her text messages like ‘I am thinking of you’, ‘Why have you stopped speaking with me’, or ‘I am waiting for your call’.&nbsp;
But what really forced her to act was when Ekta found out that he was sending similar texts to her younger sister.&nbsp;
“I’ve had enough,” she told us. “He abused me all these years but I won’t let him abuse my sister.” &nbsp;
Ekta, Rajiv and Luna are not the real names of the students.&nbsp;

‘Art Lover’ accused of sexual abuse

It was 8:15 in the evening of 25 March 1968 when everyone in the village of Batulechaur near Pokhara heard a deafening sound like thunder as a bright flashing object hurtled down to land in a field.&nbsp; That field belonged to Kul Timilsina, and the next morning he retrieved a sheet of metal about 2m by 1m and carried it home with the help of a few others, thinking it would be useful for his buffalo shed.&nbsp; Before he died at age 83 three years ago, Timilsina had told photo archivist Sunil Ulak that the black metal sheet was not rectangular and had rounded corners. There are a few witnesses still alive who have a clear recollection of the object that fell from the sky that night.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024120707128_75cc85aac56b9cc4a77366471f058d7b3eb6868776811b0923845c2d0a61f014.jpg" data-media-id="editor_0" data-image-id="2024120707128_75cc85aac56b9cc4a77366471f058d7b3eb6868776811b0923845c2d0a61f014" data-rendition-name="original" width="1170" height="601" loading="lazy" alt="UFO over Pokhara"> <figcaption>The field in Batulechaur belonging to Kul Timilsina where fragments of a flying object fell from the sky in 1968.</figcaption> </figure>  One of them is Timilsina’s wife Gyanu, who was 22 at the time. She had been at home, and remembers hearing the big bang and the sky becoming very bright. “We saw the thing in the field in the morning,” she told us. “It looked like a lid, a covering of some sort. The way it was stuck in the ground, it must have fallen from the sky. We thought we could use it to dry clothes on, and took it home.”&nbsp; Another witness is Kul Narayan Paudel. “I was only eight then. We ran to the field to see what had fallen. It was a four-sided metal sheet. The elders took it away, and I don't know what happened to it.” &nbsp; Ram Bahadur Baniya, a teacher at the local school, says he had heard the sheet had been brought to the school, and later handed over to the Zonal Commissioner at the time, Nanda Prasad Malla. “But that is all hearsay,” he says.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024120707128_0bf207a12063fb8155b3c8d9a00a94887b126380c9e0627527c84cf5e1101f54.jpg" data-media-id="editor_1" data-image-id="2024120707128_0bf207a12063fb8155b3c8d9a00a94887b126380c9e0627527c84cf5e1101f54" data-rendition-name="original" width="1170" height="610" loading="lazy" alt="UFO over Pokhara"> <figcaption>Gyanu Timilsina, wife of Kul Timilsina.</figcaption> </figure>  There are two versions of what happened to Kul Timilsina’s metal sheet. One is that an American Peace Corp Volunteer teaching at the nearby Bindyabasini School took it, and another is that it was handed over to the government. Recently declassified Central Intelligence Agency (CIA) and US State Department documents from the time say that the US Embassy in Kathmandu tracked down the object two years later and had it shipped back to the US. A telegram from the Department of State and Department of Defense tagged as ‘MOON DUST / Space Fragments’ dated 1 March 1972 stated: ‘1. Restored space fragment will be on board Embassy support flight 115 arriving Kathmandu on or about March 10. Fragment is packed in shipping crate (cargo no. 72-33365) marked in care of DAO.&nbsp; 2. State and Defense representatives examined fragments prior to shipment finding restoration acceptable.’  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071212_929d903ee06d41baa4f6040e981cd7c7d7bd75cc9c37c9b617d307fc8538d2df.png" data-media-id="editor_2" data-image-id="20241207071212_929d903ee06d41baa4f6040e981cd7c7d7bd75cc9c37c9b617d307fc8538d2df" data-rendition-name="original" width="856" height="568" loading="lazy" alt="UFO over Pokhara"> <figcaption>Declassified CIA documents about the investigation into the object sighted in Pokhara. </figcaption> </figure>  The documents show that the US government, military and intelligence agencies investigated this incident thoroughly when it occurred, and have continued to revisit it ever since, as recently as five years ago. What is even more intriguing is that the object that fell in Pokhara was not the only unidentified space object that fell to earth that year. There were similar sightings of objects falling from the sky in Ladakh, Sikkim and Bhutan between 19 February and 25 March 1968.&nbsp; These mysteries were the subject of a CIA investigation in 1968 titled ‘<a href="https://www.cia.gov/readingroom/docs/CIA-RDP81R00560R000100070007-8.pdf">Sighting of Unidentified Flying Objects in Ladakh, Nepal, Sikkim and Bhutan</a>’, and the report is part of the recent online declassification of 800,000 top-secret documents from the period.&nbsp; &nbsp;Although unidentified flying objects (UFOs) have a connotation now of being alien craft, it could be pieces of satellite, missile, rocket or even aircraft. The CIA report documents six sightings in 1968 and quotes local sources as describing all of them having similar characteristics: bright blue or red streaks in the sky accompanied by loud sounds like lightning and thunder and objects falling to the ground. Aside from the metallic object that was found in Batlechaur, there were other items also found nearby in Tallakot, Tureypasal, Armalakot and Maidan. Whatever the object was, it seems to have disintegrated even before it hit the ground.&nbsp; The CIA report records the first sighting on 19 February 1968 in various parts of Sikkim and Olangchung Gola and Ghunsa in eastern Nepal. The light was said to be ‘long and thin’ and giving out ‘green and red light’. &nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071212_c3c825027d966a2aedc846970390eebe063957503c7eacc8e01e0517843f9bbb.png" data-media-id="editor_4" data-image-id="20241207071212_c3c825027d966a2aedc846970390eebe063957503c7eacc8e01e0517843f9bbb" data-rendition-name="original" width="892" height="596" loading="lazy" alt="UFO over Pokhara "> </figure>  Two days later on 21 February, a soundless blue object was seen traveling fast across the sky above Thimphu in Bhutan. Then on 4 March there were multiple daytime sightings or white streaks in the sky at Chang La Pass, Fukche and Koyul in Ladakh. There were more sightings in Ladakh on the very day fragments fell near Pokhara on 25 March 1968.&nbsp; After the sightings in Pokhara, rumours started flying in Kathmandu that these were aliens trying to land on Earth, it could be Russian or Chinese spy planes or satellites, and some even say it as a sign from heaven that the end of the world was near. This was at the height of the Cold War. The Russians and Americans were testing their thermonuclear devices as well as intercontinental ballistic missile delivery systems. The Washington-Beijing rapprochement had not yet happened, and China was making quick progress testing atomic bombs. Within two years after its first atomic test, in 1966 China exploded its first hydrogen bomb at the Lop Nur site in Xinjiang, 3,000km to the north from Nepal. After neary six decades, what is still intriguing is that all the sightings within a few months of each other in 1968 were along the Himalayan arc bordering Tibet: from Bhutan, Sikkim Nepal, to Ladakh. The US military intelligence seems to have concluded that this was not a coincidence and there were frequent research trips to the site in Pokhara by American officials in the months after the incident. With the help of the Royal Nepal Army, the region north of Pokhara was thoroughly searched.&nbsp; A confidential memo dated 25 June 1968 by Jerry C Trippy to a ‘Mr Farley’ mentions that the US Air Force’s Foreign Technology Division had decided that the debris could be important because it may be related to a Chinese missile test or a Soviet ‘Vehicle Venik’ rocket.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071216_feb5425692dc36b20187de4e4fcc2ce9fd12b6d9e1b8724398e50bcdbf9032fe.jpg" data-media-id="editor_5" data-image-id="20241207071216_feb5425692dc36b20187de4e4fcc2ce9fd12b6d9e1b8724398e50bcdbf9032fe" data-rendition-name="original" width="1500" height="1000" loading="lazy" alt="UFO over Pokhara"> </figure>  On 28 August 1968 the US Embassy in Kathmandu sent a letter to Washington DC saying that the object could be of Soviet origin, possibly from when the rocket carrying the ‘Kosmos 208’ satellite re-entered the atmosphere. But why were the fragments falling to earth several weeks apart, and in the same region? No one knows where the metal sheet that Kul Timilsina recovered is now. It was definitely packed in a crate and taken to the US, and although it is rumoured that it was returned that is not very likely. Archivist Sunil Ulak heard from the Timilsina family that CIA officials had returned to the site five years ago. &nbsp; Interest in UFOs peaked in the US in the 1950s, with the Cold War space race and tests of atomic weapons and delivery rockets. CIA and scientists were being sent to investigate sightings, both publicly and privately. Could the Pokhara fragments as well as the sightings in Ladakh and Bhutan actually be alien craft falling to earth? The renewal in interest in space travel in large part due to Elon Musk’s SpaceX, UFOs and sightings are again subjects of public interest.&nbsp; Even 57 years later, even if there was definitive proof about whether the Batlechaur fragment was from a Chinese missile or a soviet rocket, it has not been made public in documents declassified so far. We may never know.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241207071216_b6938795f40731e7657fd6dcbb3cf460a326186a15eb11d4f832f602201ff598.jpg" data-media-id="editor_6" data-image-id="20241207071216_b6938795f40731e7657fd6dcbb3cf460a326186a15eb11d4f832f602201ff598" data-rendition-name="original" width="642" height="320" loading="lazy" alt="UFO over Pokhara"> </figure>  Sunil Ulak speculates if the debris actually came from an American aircraft, perhaps on an intel mission upon China. “Which could explain why they were so thorough in collecting the fragments in Pokhara,” he says. But that still does not explain the multiple sightings weeks apart in 1968.&nbsp; Indeed, US military aircraft were at that time flying frequent night-time missions from air force bases in India to supply weapons to Khampa guerrilla camps in Nepal located north of Pokhara in Mustang. It could very well be that the Chinese shot down one such aircraft. The other sightings could have been contrails of US spy planes, or Chinese anti-aircraft missiles.&nbsp; There were quite a few developments regarding UFOs in 2024. In a US congressional hearing in July, former intelligence officer David Grusch claimed that the government had long been involved in a program to investigate and retrieve non-human craft crashes, and then try to reverse engineer them. However Grusch did not show any evidence.&nbsp; The UAP Disclosure Act of 2024 was signed into law by Joe Biden in December 2023. It plans to oversee the public disclosure of UFO information. However, there is a clause in it that prevents disclosure if it would cause threats to military defense, intelligence operations or foreign relations.&nbsp; It is unlikely that the declassified documents about sightings in the Himalayan will cause any real surprise about definite evidence of alien life even if it was found. It seems humanity will continue, at least for now, to wonder about curious lights in the sky and whether there is anybody out there.&nbsp;

UFO over Pokhara

When Rastriya Swatantra Party (RSP) president Rabi Lamichhane was arrested in October on charges of defrauding depositors of cooperatives, the party’s vice president Swarnim Wagle gifted him Fareed Zakaria’s book, Age of Revolutions.
Since then, Lamichhane has been shunted around from Kathmandu to Pokhara to Chitwan and back to Pokhara to attend police investigations and court proceedings. He was being flown to Birganj via Kathmandu on Buddha Air on Monday. There is another pending case in Janakpur.
Human rights groups and civil society have criticised the government for hounding Lamichhane with inhumane treatment that borders on physical torture. The two parties in the coalition, Nepali Congress (NC) and the UML, see Lamichhane’s RSP as a potentially formidable challenge to their power.
Even if the fraud charges against Lamichhane are true, the Nepali public is increasingly looking at the government’s actions through the police and courts as political vendetta.
Despite all the travelling, sometimes by plane and often by road at night, Lamichhane appears to be in high spirits, waving to supporters who often gather if they know he is going to be driven around. A social media video shows him giving high fives to fellow passengers on a recent flight to Pokhara.&nbsp;
In the past weeks, streets in Pokhara have erupted with parallel protests by Lamichhane’s supporters as well as depositors of cooperatives who lost their savings to the scam.&nbsp;
Although family visits are allowed, prison officials in Pokhara told Nepali Times that not many people visit Lamichhane these days. He added, “When he does get visitors, he asks them to bring him books.”
Lamichhane is currently Nepal’s most high-profile public figure in custody, and highlights the stark difference between how influential prisoners are treated compared to ordinary inmates.
There are six prison cells at Kaski District Police Office’s two-story detention centre, three on each floor. And while authorities pack prisoners into already overcrowded cells, Lamichhane has an entire room on the second floor to himself.&nbsp;
He has also been allowed to call his family every few days. Other prisoners are not permitted phone calls except for emergencies.
Meanwhile, Lamichhane’s former business partner Chhabilal Joshi, an ex-Deputy Inspector General of Police with whom he established his Gorkha Media Network, is in custody under the same charges in the prison cell next to him.
Lamichhane is accused of siphoning off depositors' money to the tv network in which he was part-owner and anchor. &nbsp;
Both Lamichhane and Joshi are able to buy food from the police canteen instead of being served the regular meal like other prisoners. Joshi has also given his statement to authorities in Rupandehi and Kathmandu for his alleged role in the scam. Lamichhane is yet to be presented in Kathmandu for questioning.
While he was in custody at the Kathmandu District Police Complex, Joshi expressed his desire to sleep in a police officer’s office, reportedly assuring authorities that he would not run away and he was entitled to certain facilities as a former officer of the law.
“He seemed to be under the impression that he is still a police officer,” says a source at the Kathmandu District Police. “We made it clear to him that as someone accused of a crime, he was not entitled to special treatment.”
Former ministers Balkrishna Khand and Top Bahadur Rayamajhi, and ex-home secretary Tek Narayan Pandey, who were arrested in connection with the fake refugee scam last year, were similarly housed in the offices of law enforcement officials instead of prison cells. Khand has since been released after six months in jail.
While there is no legal provision to keep high-ranking officials in separate detention centres when they are arrested, authorities granting them special facilities is not uncommon. Law enforcement officials say VIP detainees expect preferential treatment while in police custody.
Among those is former Kosi Province minister Lila Ballav Adhikari, who was arrested from Biratnagar on 10 November over his alleged involvement in human trafficking and brought to Kathmandu. Adhikari had flown to Japan without government approval with three individuals on 29 October to attend a cultural conference, but had been sent back to Nepal from Narita.&nbsp;
His three companions were arrested at Kathmandu airport upon their arrival, but Adhikari was able to exit unscathed from the VIP lounge. Adhikari had resigned as the Kosi Province Minister for Internal Affairs and Law when it became public that his companions had been taken into custody, and was himself arrested shortly after. He has since been cleared by the courts.
Throughout his detention, Adhikari was kept separately from other inmates. Senior Superintendent of Police (SSP) Basant Rajouri, head of the Bhadrakali complex, says that while there is no separate detention area for VIPs, some detainees are kept separately depending on the nature of their crime.
However, sources say that arrangements were made for retired judges and others to visit Adhikari frequently worked at the office of a Deputy Superintendent of Police (DSP) during his time in custody.&nbsp;
“He used to constantly pester the authorities to let him sit outside in the sun, and to be able to use the police officer’s shower area,” added an officer.
Adhikari was released on 25 November after the government prosecutor’s office decided not to charge him in a move that was seen to expose the government’s double standards.
Over at Kathmandu’s Dilli Bazar Prison, former Kist Bank CEO Kamal Gyawali emerges from his prison cell into the courtyard of the prison’s ‘Ka (क)’ block every morning with a thick book in his hands, ready to give his daily sermon.
With his long beard, Gyawali, who is serving a prison sentence for banking fraud, looks the part of a religious guru as he implores his rapt listeners to “walk the right path, abandon bad thoughts and turn to scripture and spirituality”.&nbsp;
Afterward, the attendees gather to discuss politics and current affairs. Inmates at his daily sermons at the prison include other high-profile detainees, including former MP Ichchha Raj Tamang, who is in jail for money laundering and cooperatives fraud, former joint secretary Chudamani Sharma, who was convicted of corruption, as well as NC leader Chandra Bahadur Lama and Krishna Bahadur Upreti of the UML both of whom are on trial for embezzling billions of rupees.
Victims of the cooperatives scam that former lawmaker Tamang was involved in have made trips to the prison and requested visits, but he has refused to meet with any of them.
“Tamang often complains that the state has prevented him from returning the money to the victims by locking him up,” says a police officer at the Dili Bazar jail.
“All you hear every day from the VIP prisoners is that they have been framed,” adds the officer. “No one admits that they were involved in misdeeds.”
But while most high-profile prisoners complain about prison conditions, one exception is former provincial lawmaker Deepak Manange, who is serving a sentence at Dilli Bazar Jail for attempted murder.
“He is the happiest prisoner here,” says a warden. “Unlike the others, he doesn’t claim to have been framed, in fact he doesn’t seem to care that he is in prison.”
Manange is detained in the ‘Kha (ख)’ block of the prison complex, which he renovated at his own expense. The block previously housed female prisoners, but Manange used his influence to transfer them elsewhere. He faces no shortage of visitors, who range from political leaders to people from the underworld.
Along with Manange, other well-known prisoners in this block include Nepal Telecom Managing Director Sunil Poudel, and former executive director of the Surakshan Printing Centre Bikal Poudel, who are serving time for corruption.
Former prisoners at Dilli Bazar prison include ex-ministers Khum Bahadur Khadka and Shyam Sundar Gupta, NC leader Ganesh Lama, Maoist MP Balkrishna Dhungel, Nagarik Unmukti Party leader Resham Chaudhary, as well as former IGs Ramesh Chand Thakuri, Om Bikram Rana, and Hem Bahadur Gurung.
Section 54 of Nepal’s Prison Act assigns each prison’s internal administration the
responsibility of governing its prisoners, which means the more favourable the jail management is, the more comfortable it is for prisoners.
Dilli Bazar prison has been the prison of choice for many high-ranking prisoners, especially those convicted of white collar crimes, due to its more accommodating administrators. The prison, which has the capacity to house 700 inmates, is also less crowded than other jails.
Anuj Bhattarai, spokesperson of the Department of Prison Management, says that there is no legal classification in Nepal for felons to be assigned prisons based on the nature of their crimes.
“That Dilli Bazar Jail has a higher number of prisoners convicted of crimes like corruption is most likely a coincidence,” says Bhattarai. “There is no provision for influential people to be able to choose where they will be incarcerated.”&nbsp;
Translated by Shristi Karki from the Nepali original published in himalkhabar.com

What Nepal’s VIP prisoners do in jail

The Nepal Premier League T20 men’s cricket tournament is a culmination of much progress in the sport in Nepal over the past decade, and a thrilling first step into higher level sports events in the country. Adding to the excitement is the international talent taking part. The tournament features eight teams made up of Nepali and international cricketers, including Shikhar Dhawan, one of India’s greatest ODI batsmen over the 2010s, and an IPL stalwart for the Delhi and Mumbai franchises. Dhawan is playing for the Karnali Yaks at the NPL. Other eminent imports include Kiwi batsman Martin Guptill, Indian-American Unmukt Chand, and Trinidadian fast bowler Anderson Philip. The NPL franchises are named for Nepal’s provinces and cities. Beside the Yaks, there are the Biratnagar Kings, the Chitwan Rhinos, the Janakpur Bolts, the Kathmandu Gurkhas, the Lumbini Lions, the Pokhara Avengers, and the Sudurpaschim Royals. The franchises have a wide variety of backers, including Kantipur Publications behind the Gurkhas, Chitwan Medical College behind the Rhinos, and Himalayan Builders for the Yaks. These entities are paying the international stars salaries rumoured to be in the Rs5 million range ($37,000) for the 21-day contest.&nbsp; The teams will play each other first in a round-robin league, after which the best performers will progress to playoffs. There will be 32 games in total, all to be held at the Tribhuvan University International Cricket Ground in Kirtipur which is being spruced up, including additions of an expanded boundary, digital scoreboard, new sight screens, and practice pitches.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241129041152_9236da646959b888a8635b10bd46b9f9e08f0068ab031a4b8ad736a185288164.jpg" data-media-id="editor_0" data-image-id="20241129041152_9236da646959b888a8635b10bd46b9f9e08f0068ab031a4b8ad736a185288164" data-rendition-name="original" width="1080" height="1080" loading="lazy" alt="NPL"> </figure>  “Holding all the games at the same stadium makes sense logistically for this inaugural season,” says Chhumbi Lama of the Cricket Association of Nepal (CAN). “Future editions will see matches happen across Nepal.”&nbsp; Another benefit of the tournament in future is that it may expedite the completion and upgrades of stadiums across the country, such as Mulpani Cricket Stadium in Kathmandu, the Gautam Buddha International Stadium in Bharatpur, and the Fapla Cricket Ground in Kailali. The main benefit of the tournament is said to be the development of Nepali cricket talent. The rules are also made up to favour this with each 16-player squad having no more than four foreign players. One Nepali ‘marquee’ player was selected by lottery, and others were signed through auctions for as high as Rs1.5 million. “Each team will have the marquee player from the province they represent,” says Lama, although this does not seem to be the case in practice. The 24-year-old leg spinner Sandeep Lamichhane, for example, is captaining the Biratnagar Kings, although he comes from Syangja district in Gandaki Province. “NPL’s goal is to support the development of cricket and our players,” says ex-captain and CAN secretary Paras Khadka. Players who are not usually selected for the national team will have the chance to show their cricketing skills. This has proved very beneficial in similar domestic leagues around the world. The Indian Premier League, for instance, led to the discovery and improvement of players like fast-bowler Jasprit Bumrah and batsman Suryakumar Yadav, who not only have become regular starters for the Indian national team, but also are now some of the top-ranked cricketers in the world, contributing to India being the best team in both T20s and ODIs. Nepal’s excellent run in the T20 World Cup this summer, with stellar performances against The Netherlands, South Africa and Bangladesh showed the world that the country could compete at the highest level in cricket. This has added to the legitimacy of the NPL and also promises longevity through future editions: the titular sponsor of the tournament, Siddhartha Bank, has committed to this role until 2029. Ncell is also involved, as the ‘Powered by’ sponsor, continuing the telecom company’s support for cricket, football, volleyball, golf and paralympic athletes. Another sponsor for the Kathmandu Gurkhas, is Chinese electric vehicle giant BYD. Adding weight to the NPL is that it is being broadcast live on Star Sports, giving it a global audience. Perhaps the eyes on the tournament that will have the added benefit of discouraging match fixing which has been a problem in past attempts to organise cricket leagues in Nepal.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2024112905110_d1817c8e82f476c20081dae3ba820c7f7305b8cfb095a97264915c6af50f3d60.jpg" data-media-id="editor_1" data-image-id="2024112905110_d1817c8e82f476c20081dae3ba820c7f7305b8cfb095a97264915c6af50f3d60" data-rendition-name="original" width="1440" height="1080" loading="lazy" alt="Nepal Premier League NT 3"> </figure>  The 2022-23 Nepal T20 league, sold to Indian sports management company Seven3Sports by CAN, saw individual cricketers approached by sports bettors to ‘spot-fix’ by getting out quickly or conceding a lot of runs when bowling. The large sums of money offered to the athletes by fixers is tempting, especially considering that salaries are not only low but sometimes unpaid. This led to an investigation from officials from the International Cricket Council, and cases filed against cricketers by the District Attorney’s Office in Kathmandu. The much wider coverage of this tournament should do better at discouraging corruption. Ticketing partner Khalti reports that tickets for the opening game are quickly selling out. The winning trophy was revealed at a ceremony at Dharara on Saturday. Marquee Players including Lamichhane, Rohit Paudel, Dipendra Singh Airee and Sompal Kami flanked Prime Minister KP Oli as he presented the cup: a large silver piece with an engraving of Mt Everest, topped by a stone from Kala Pattar (pictured).&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20241129041152_f37ca66b9e68f28ad9bf1ab6f7dc74314e71345b8b3a02794c62be9357fb08be.jpg" data-media-id="editor_2" data-image-id="20241129041152_f37ca66b9e68f28ad9bf1ab6f7dc74314e71345b8b3a02794c62be9357fb08be" data-rendition-name="original" width="1080" height="720" loading="lazy" alt="Nepal Premier League NPL NT 1"> </figure>  The tournament kicks off at 12:15PM on Saturday 30 November, with a game between the Biratnagar Kings and the Janakpur Bolts. Two games are scheduled almost every day until 16 December, with the first starting at 9:15AM and the second at 1:15PM. Playoffs start on 18 December with teams that end up third and fourth playing first, with the loser eliminated. The first and second play next, with the winner advancing to the final. The loser then plays the winner of the first match for a place in the final. This format, compared to a straight semifinal-final approach, rewards teams for having done better in the group stages, as teams 1 and 2 have multiple chances at reaching the grand finale on 21 December. A team to look out for is the Sudurpaschim Royals which is well-backed, with the most Facebook followers. Captained by popular national team all-rounder Dipendra Singh Airee, the Royals also have batsman Aarif Sheikh, bowler Abinash Bohara and Scottish all-rounder Brandon McMullen in their ranks.

cij-nepal