<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101124/636b71f59c7e80680e0600fcjpeg.jpg" alt="" width="592" height="1500"/><figcaption>Illustration : BHANU BHATTARAI</figcaption></figure>While citizens in Western democracies try to get their governments to combat the misuse of their private data by internet companies, here in Nepal the concern is about the state itself <a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">prying on citizens</a>.Silicon Valley companies whose values exceed the GDP of medium-sized countries thrive in collecting and selling data in the free market of surveillance capitalism. As these companies become more powerful, governments, especially in Europe, are under pressure to protect the privacy of citizens. Nepal, on the other hand, seems to want to practice surveillance communism.What alerts us to this looming danger is the recent convergence of the Criminal Code penalising social media content, the <a href="https://www.nepalitimes.com/banner/long-shadows/" target="_blank" rel="noopener">Media Council Bill</a>,  and the <a href="https://www.nepalitimes.com/editorial/rule-by-law/" target="_blank" rel="noopener">Information Technology Bill</a> with the Special Services Bill and the acquisition of sophisticated eavesdropping technology by the state.Read also: <a href="https://www.nepalitimes.com/banner/no-freedom-after-expression/" target="_blank" rel="noopener">No Freedom After Expression </a> , Kiran NepalNo doubt, all governments need surveillance technology to control crime and terrorism by giving the intelligence community the proper wherewithal. But in all democracies, there are legal safeguards in place to protect unwarranted spying on citizens that would infringe on their fundamental right to privacy.What is worrisome in Nepal is that the state security apparatus and investigation agencies are not just being allowed to import surveillance technology: the government is simultaneously pushing legislation that would remove current restrictions on their use.This is made even more dangerous by the fact that it is happening at a time of <a href="https://www.nepalitimes.com/latest/14-years-after-conflict-no-closure-in-nepal/" target="_blank" rel="noopener">unprecedented impunity, the collapse of accountability of public officials</a>, an epidemic of extortion and corruption, and an open <a href="https://www.nepalitimes.com/editorial/crushers-of-justice/" target="_blank" rel="noopener">politico-criminal nexus</a>. The past record of the hacking of Nepal government agency websites and the rise in cybercrime does not inspire confidence in confidentiality safeguards.Read Also: <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">Gagging the press in installments</a>, Sewa BhattaraiNepal’s spy agencies have been on a shopping spree to import Russian, Chinese and Malaysian speech forensics technology, CCTV cameras, SIM locators, Digital Information Systems, Mobile Device Management Systems, and International Mobile Subscriber Catchers.The Central Investigation Bureau has acquired SIM locators that will allow it to pinpoint where the user is without having to go through a telecommunication provider and obtain a court warrant.The National Investigation Bureau which has been brought directly under the Prime Minister’s Office this month called for bids to establish a Digital Information System to integrate the data flow of various security and intelligence agencies. The Nepal Telecommunication Authority is soon getting a Rs1 billion Mobile Device Management System to keep track of phone users from the Malaysian company Nuemera (M) Sdn Bhd, which was linked in 2017 to a data leak involving 46.2 million Malaysian mobile phone accounts.Read Also:  <a href="https://www.nepalitimes.com/latest/nepal-undermining-free-expression-hrw/" target="_blank" rel="noopener">Nepal undermining free expression</a>The government has also loosened regulations governing the use of CCTV cameras, and the import of these devices doubled in 2019 to Rs970 million from the previous year. The Special Services Bill in Parliament would also allow International Mobile Subscriber Identity (IMSI) ‘Catcher’ that can intercept and tap phones. The use of these surveillance devices is so sensitive that the European Court of Justice has actually outlawed them.<a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">The Special Services Bill</a> gives the chief of the National Investigation Bureau the sole authority to tap phones, without a court permission. Given the prevalence of blackmail and extortion against political and business rivals, the risk of abuse of this spyware is unacceptably high in Nepal. For example, police last week leaked CCTV footage of an altercation at Kathmandu domestic airport between a female police officer at the security check and singer Astha Raut. A state agency that has no qualms about flouting rules about proper use of footage has no right to be tapping phones.Putting together these recent decisions, new laws and pending bills in Parliament, the ruling NCP seems intent on extending control, spying on citizens to intimidate them, and silencing dissent. In most democracies, governments make laws to protect the privacy of citizens. Nepal makes laws to snoop on them.Read also:<a href="http://archive.nepalitimes.com/blogs/thebrief/2016/11/21/the-surveillance-state/" target="_blank" rel="noopener">The Surveillance State</a><a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener">Creeping control over the press in Nepal</a> Ajay Pradhan<h2>10 years ago this week</h2>Prime Minister Oli last week accused editors of “not having a heart”, and his ruling NCP is trying to push laws restricting press freedom. Not much different than ten years ago when it was the Pushpa Kamal Dahal-led Maoists who were doing it. Looks like the ex-democratic UML is no fan of a free media. Excerpt from an editorial in <a href="http://archive.nepalitimes.com/issue/486" target="_blank" rel="noopener">#487</a> of 29 Jan-4 Feb 2010.Pushpa Kamal Dahal has done it again. He is once more blaming the messenger, the ‘big media houses’ for undermining his party. Usually when a politician repeats his accusation, it reinforces its significance. But with Dahal, the ranting now seems to have the opposite effect. He has cried wolf so often that the remark made during a speech in Sindhuli on Monday went either unreported, or was relegated to the inside pages.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101124/636b71f79c7e80680e0600fdjpeg.jpg" alt="" width="515" height="800">Yet there is a sinister undercurrent here. The Maoists have made no attempt to hide their contempt for the notion of a free press, just as they have for nonviolent pluralistic politics. Dahal went on to accuse the media of being ‘anti-nationalist.’ This has always been the Maoist method.

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In a surveillance state

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101116/636b6ffa9c7e80680e060052jpeg.jpg" alt="" width="1100" height="1269"/><figcaption>Illustration: DIWAKAR CHHETRI</figcaption></figure>Prime Minister K P Oli spent 14 years in jail for opposing the Panchayat absolute monarchy. He was one of the main drivers of the democratisation of the UML party, always speaking out in support of human rights, press freedom and pluralism.Whether it was to oppose Maoist violence during the conflict, or its anti-democratic behaviour after 2006, Oli was the outspoken one in the party. During constitution drafting, his was the loudest voice against ethnicity-based federalism, and later against the Indian blockade. The people rewarded him for his stance by giving the unified party a majority in 2017.Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/?p=38680&amp;preview_nonce=5c160a3237&amp;preview=true" target="_blank" rel="noopener">Rule by law,</a> Editorial<a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">Spooking Nepalis by snooping on them</a>, Mukesh PokhrelBut once in power, Oli has lead the charge to curtail democracy, muzzle the media and to constrict open society. After he became prime minister, he moved  the anti-money laundering office, the Revenue Investigation Department and National Investigation Bureau under the PMO.His administration has taken one step after another to introduce bills that go against everything he has stood for: the <a href="https://www.nepalitimes.com/banner/culture-revolution/">Guthi Bill</a>, <a href="https://www.nepalitimes.com/banner/long-shadows/" target="_blank" rel="noopener">Media Council Bill</a>, <a href="https://www.nepalitimes.com/editorial/nepals-human-rights-act/">Human Rights</a> Bill, among others. But after <a href="https://www.nepalitimes.com/editorial/own-worst-enemy/" target="_blank" rel="noopener">strong protests</a> on the streets and media, the government was forced to withdraw those bills.However, the controversial <a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">Special Services Bill</a> will allow investigation agencies to eavesdrop on citizens and tap phones without court order. This not only goes against the fundamental right of every citizen for privacy, but such surveillance is prone to misuse.Read also:<a href="https://www.nepalitimes.com/here-now/zip-up/" target="_blank" rel="noopener">Zip up</a>, Rameshwar Bohora<a href="https://www.nepalitimes.com/editorial/a-creeping-coup/" target="_blank" rel="noopener">A creeping coup</a>, EditorialThe other Information Technology Bill tries to curtail the citizens’ right to free expression by legislating stiff penalties for posts on Facebook or YouTube, and has been voted by a parliamentary committee. (<a href="https://www.nepalitimes.com/editorial/rule-by-law/" target="_blank" rel="noopener">See editorial</a>)  This bill is against the Constitution, and the way it has been voted on without taking into account amendments and changes suggested by stakeholders, is undemocratic as well.Both bills are delayed because the winter session itself has had to be pushed back by the deadlock over the choice of the new speaker to replace <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">Krishna Bahadur Mahara</a>. Parliament is a casualty in the <a href="https://www.nepalitimes.com/here-now/which-way-nepali-politics-in-2020/" target="_blank" rel="noopener">power struggle at the top of the ruling NCP</a> between Oli and his co-chair Pushpa Kamal Dahal, which is also affecting ratification of the <a href="https://www.nepalitimes.com/editorial/a-millennium-challenge/" target="_blank" rel="noopener">Millennium Challenge Corporation</a> (MCC) project and other legislation.Oli’s attempts to ram though the laws shows that he is increasingly on the defensive, and wants to strengthen his grip on power. Asks one NCP Central Committee member: “Oli is being criticised more from within his own party more than from the opposition. So who is he trying to defend himself from?”

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No freedom after expression

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101116/636b6ffd9c7e80680e060053jpeg.jpg" alt="" width="1000" height="1058"/><figcaption>Illustration: SUBHAS RAI</figcaption></figure>Nepal’s ruling unified Marxist-Leninist-Maoists have in the past year <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">incrementally constricted freedom of expression</a>, thinking no one will notice if they do it bit by bit.It <a href="https://www.nepalitimes.com/here-now/zip-up/" target="_blank" rel="noopener">has not gone unnoticed</a>. There is an uproar in social media and <a href="https://www.nepalitimes.com/latest/ifj-asks-nepal-to-revoke-media-gag/" target="_blank" rel="noopener">journalists have been speaking out</a>, but the government is using its numerical might in Parliament <a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">to pass bills that blatantly flout</a> constitutional guarantees of basic individual freedoms.Read also: <a href="https://www.nepalitimes.com/?p=38663&amp;preview_nonce=77341ce79f&amp;preview=true" target="_blank" rel="noopener">No freedom after expression</a>, Kiran nepal2019 saw <a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener">censorship in installments</a>, and it started with a revision of <a href="https://www.nepalitimes.com/banner/strongman-rule/" target="_blank" rel="noopener">the Penal Code</a> that criminalised ridicule, satire, <a href="https://www.nepalitimes.com/from-the-nepali-press/press-freedom-must-be-defended-by-its-maximum-application/" target="_blank" rel="noopener">photoshopped images of politicians</a>, and even banned reporters publishing personal information of public figures. <a href="https://www.nepalitimes.com/latest/nepal-undermining-free-expression-hrw/" target="_blank" rel="noopener">The Media Council Bill</a>, a brainchild of Information Minister Gokul Banskota, sought to criminalise free speech on vague grounds.The latest attack is the Information Technology Bill which was passed by a Parliament committee this week, and is sure to be voted through when the winter session begins. It has hefty fines and jail terms for any content deemed ‘offensive or demeaning’ -- infringement of Clause 83 is a fine of Rs1 million and/or jail term of up to five years, and any content that violates Clause 94 (ridicule and hate speech) carries a fine of Rs1.5 million and/or 5 years in jail. Strangely, the punishment for social media infractions are in fact much heavier than physical assault, libel or defamation in the legacy media.Read also:<a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">Spooking Nepalis by snooping on them</a>, Mukesh Pokhrel<a href="https://www.nepalitimes.com/editorial/censuring-censorship/" target="_blank" rel="noopener">Censuring censorship</a>, Editorial'It is wrong for this bill that is supposed to regulate Information Technology to be misused to address issues for which there are existing laws,' wrote Kantipur in a strong editorial on Wednesday. 'Since the definition of defamation is so broad, this law will have a dampening effect on free expression, and foster self-censorship.'Indeed, what constitutes objectionable content is intentionally so broadly defined that anyone can be hauled in for any online post at any time. There is even a new directive against satire painted in the backs of trucks. The government has not even waited for this Act to be passed to arbitrarily put people behind bars for Facebook posts, <a href="https://www.nepalitimes.com/opinion/nepal-has-press-freedom-but-no-freedom-after-press/" target="_blank" rel="noopener">YouTube satire</a>, or beat up someone for posting a video that painted an unflattering image of the Tourism Minister.For formality’s sake, the bill was put to debate in the parliamentary committee, and the opposition Nepali Congress did push several amendments, none of which were accepted by NCP lawmakers. Now, the arithmetic of the full House means that the IT Act is sure to become law. Fundamental rights of citizens, guaranteed by the 2015 Constitution, are going to be severely curtailed.Read also:<a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener">Creeping control over the press in Nepal</a>, Ajay Pradhan<a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">Gagging the press in installments</a>, Sewa Bhattarai“It is the government that will decide what you can say and what you cannot,” says NC MP Gagan Thapa in an online video. “Just because a government has a majority, it does not mean it can violate the basic principle of the Constitution.”But Thapa is a voice in the wilderness, none of the other opposition politicians have bothered to speak up in defence of freedom of expression even when the attack is so systematic. Under the new law, internet service providers will be liable for content of users, and global platforms like Facebook, Twitter and TikTok would be required to register in Nepal.Other provisions of the IT bill would <a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">allow the state to snoop on anyone’s data</a>, tap phones and intercept emails. Politicians want their privacy protected from media, but do not respect the individual’s right to privacy.The ruling NCP seems to have decided that it can pressure the press by withholding advertising, making media moguls beholden to it for business, and tightening regulation.For example, the NCP-affiliated Press Organisation surprised many by being inaugurated this week at the prime minister’s residence, where journalists took oaths to follow the party line on socialism. At least they did not swear by communism.Read also: <a href="https://www.nepalitimes.com/here-now/zip-up/" target="_blank" rel="noopener">Zip up</a>, Rameshwar Bohora<a href="https://www.nepalitimes.com/editorial/a-creeping-coup/" target="_blank" rel="noopener">A creeping coup</a>, EditorialThe state sees the free-wheeling nature of the Internet and its impact on public opinion as more of a threat. Hence the attempt to restrict critical content on social media <a href="https://www.nepalitimes.com/editorial/the-message-is-the-medium/" target="_blank" rel="noopener">as its reach grows</a>. More than 90% of Nepalis now <a href="https://www.nepalitimes.com/editorial/new-news/" target="_blank" rel="noopener">have mobile phones</a>, half of them are smart phones, and this proportion is growing. The Internet has become synonymous with Facebook as almost everyone with a smartphone has an account on that platform.Why is Nepal’s kakistocracy in such a tearing hurry to pass this bill when much more urgent legislation on federalism and other laws languish in Parliament? Journalists and citizens may not be arrested right away, but clearly the intention is detention. This is not rule of law, but a draconian rule by law.<h2>10 years ago this week</h2>Ten years ago Nepali Times marked the end of a year and a decade of war, and tried to be hopeful about the future. As feared, the 2010-2019 was a lost decade. Excerpt from a publisher’s note on the front page of issue<a href="http://archive.nepalitimes.com/issue/483" target="_blank" rel="noopener"> #483 </a>of 1-6 January 2010:Back in 2000, we had no idea just how dramatic the decade ahead was going to be. The first (nearly) 500 issues of this newspaper coincided with a period of great transformation. Guerrillas went from the bullet to the ballot and emerged as the single largest party, and the most inclusive assembly in our country's history was elected. Nepal became a model for non-violent political change: a case study that proved revolutions don't necessarily have to be bloody. Imagine how much more progress we would have made if there had been a stable political climate and a more accountable government committed to basic needs. Let's hope that in the next decade we will live in less interesting times.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101116/636b6fff9c7e80680e060054jpeg.jpg" alt="" width="332" height="500">That our coverage will be less obsessed with the political quarrel of the day, and celebrate the ability of individual Nepalis to overcome adversity. We hope that by 2020 we will have made up for lost time.

Rule by law

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141116/636a56a19c7e80680e054798jpeg.jpg" alt="" width="1400" height="1050"/>Nepal should revise its draft laws that erode the right to freedom of expression, <a href="https://www.hrw.org/news/2019/09/03/nepal-amend-laws-undermining-free-expression" target="_blank" rel="noopener">Human Rights Watch (HRW)</a> said in a letter to <a href="https://www.nepalitimes.com/editorial/own-worst-enemy/">Prime Minister Oli.</a>The letter said the <a href="https://www.nepalitimes.com/here-now/hornets-nest/" target="_blank" rel="noopener">drafts criminalise speech on vague grounds</a>, including that it may 'annoy' or 'trouble' people being written about.The draft laws include the Media Council Bill, Information Technology Bill, and the Mass Communications Bill, which HRW said 'contain numerous loosely defined and draconian measures'.Content that undermine the nation’s 'self-pride' or damage an individual’s 'image or prestige' would also be punishable with fines and long jail sentences. HRW said provisions controlling online content are also sweeping.Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/ifj-asks-nepal-to-revoke-media-gag/" target="_blank" rel="noopener">IFJ asks Nepal to revoke media gag</a>'Nepal has a proud tradition of public activism, but if these laws are passed in their current form, they will undermine the freedoms that Nepalis fought so hard to achieve,' said HRW's South Asia director Meenakshi Ganguly in the letter. 'After years of conflict and political instability, the laws being passed under Nepal’s new democratic constitution should uphold fundamental freedoms, not set out to curb them.'<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/hornets-nest/" target="_blank" rel="noopener">Since the Oli government took office</a> in February 2018 at least six journalists have been detained, internet users have been arrested for posting content deemed objectionable.HRW said the proposed laws, along with problematic provisions in the recently revised Penal Code, create a web of loosely defined offenses that could be interpreted to ban almost any speech or online activity the government objects to.Citizens have no way of knowing what will be interpreted as illegal speech, and they potentially face multiple prosecutions for similar offenses, as some are also offenses under other laws.<p style="box-sizing: border-box; margin: 0px 0px 1.8em; line-height: 24px; font-size: 16px; color: #000000; font-family: Lora, serif; font-style: normal; font-variant-ligatures: normal; font-variant-caps: normal; font-weight: 400; letter-spacing: 0.15px; orphans: 2; text-align: start; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px; -webkit-text-stroke-width: 0px; background-color: #ffffff; text-decoration-style: initial; text-decoration-color: initial;">Read also: <a style="box-sizing: border-box; background-color: transparent; color: #006699; text-decoration: none; transition: all 0.3s ease-in-out 0s; box-shadow: none;" href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">Gagging the press in installments</a>, Sewa BhattaraiThe draft laws also violate the International Covenant on Civil and Political Rights which requires a narrower and clearer definition of objectionable material, of which Nepal is signatory.The Media Council Bill and the Mass Communications Bill are being debated in Parliament, and HRW says if passed they would force media to compel media to 'comply with government directives and as yet unwritten codes of conduct, or face penalties'.The Information Technology Bill creates a raft of loosely defined new offenses that could be interpreted to include almost any online activity for journalists and ISPs. The Bill is supposed to replace the 2006 Electronic Transactions Act (ETA), which the current government has abused repeatedly, often to prosecute online journalists reporting on corruption.'Freedom of expression is a fundamental human right and the foundation of a democratic society,' Ganguly said. <a href="https://www.nepalitimes.com/editorial/a-creeping-coup/" target="_blank" rel="noopener">'The Nepal government should protect free speech</a> and ensure that any legal restrictions are proportionate, narrowly defined, and consistent with Nepal’s obligations under international law.'Read also: <a href="https://www.nepalitimes.com/opinion/nepal-has-press-freedom-but-no-freedom-after-press/" target="_blank" rel="noopener">Nepal has press freedom, but no freedom after press</a>, Shashank Gautam

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Nepal undermining free expression: HRW

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/2022110813114/636a464f9c7e80680e04d3cfjpeg.jpg" alt="" width="640" height="886"/><figcaption>Illustration: DIWAKAR CHETTRI</figcaption></figure>The people must take leadership in a democracy… and elected leaders should listen to them,” Prime Minister Oli said in a speech at Oxford University  last week.But back home, <a href="https://www.nepalitimes.com/banner/culture-revolution/">protests over the controversial Guthi Bill</a> had snowballed precisely because his government had ignored the will of the people in trying to ram that and other legislation through Parliament.Read also: <a href="https://www.nepalitimes.com/editorial/own-worst-enemy/">Own worst enemy</a>, EditorialCombined with the <a href="https://www.nepalitimes.com/latest/ifj-asks-nepal-to-revoke-media-gag/">Media Council Bill</a>, which would have <a href="https://www.nepalitimes.com/banner/long-shadows/">dampened freedom of expression</a>, the National Human Rights Commission Bill, which could undermine the constitutional body’s independence, an attempt to interfere with academic appointments, and other decisions, Oli showed an inclination to centralise power and go it alone.The charitable explanation for these missteps is that the Oli administration is receiving bad advice that is landing the Prime Minister in trouble. However, there is also the strong possibility that the Nepal Communist Party (NCP) is <a href="https://www.nepalitimes.com/editorial/towards-a-police-state/">not really committed to upholding democratic values</a>.Read also:<a href="https://www.nepalitimes.com/banner/culture-revolution/">Culture revolution</a>, Sewa Bhattarai<a href="https://www.nepalitimes.com/banner/street-vs-guthi-bill/">Street vs Guthi Bill</a>, Min Ratna Bajracharya and Bikram RaiAlthough he tried in <a href="https://www.nepalitimes.com/here-now/to-davos-with-hammer-and-sickle/">Davos earlier this year</a>, and during last week’s visit to the UK, France and Switzerland, to play down his government’s ‘communist’ image by speaking about his adherence to an open society, Oli’s actions at home speak louder than words.While the <a href="https://www.nepalitimes.com/banner/street-vs-guthi-bill/">Guthi Bill</a> was supposedly intended to regulate the opaqueness in the management of some trusts, there it was a blatant attempt to grab valuable urban real estate.That bill stirred a hornet’s nest, especially among the Valley’s Newa community. And despite the government shelving it, <a href="https://www.nepalitimes.com/editorial/own-worst-enemy/">tens of thousands of people poured into Mandala Square</a> on Wednesday in an unprecedented show of force. They wanted the Guthi Bill to be scrapped and ministers who have made disparaging remarks to be sacked.Read also:<a href="https://www.nepalitimes.com/editorial/towards-a-police-state/">Towards a police state</a>, Editorial<a href="https://www.nepalitimes.com/banner/rift-in-nepals-ruling-party/">Rift in Nepal's ruling party</a>, Kunda DixitConspicuous by his silence in all this is NCP co-chair and <a href="https://www.nepalitimes.com/banner/rift-in-nepals-ruling-party/">impatient prime minister-in-waiting</a> Pushpa Kamal Dahal. He seems to be <a href="https://www.nepalitimes.com/here-now/the-ship-of-state/">letting Oli stew in his own juice</a>. The government tried earlier to squeeze the press with the Media Council Bill, but that too backfired badly. Indeed, Oli has centralised so much power in himself that when things go wrong, like now, he has to take the flak.It is not just the new laws that have badly exposed the government’s intent. Nearly two years into its tenure, the ruling party made up of former UML and Maoists has little to show for itself. Laws concerning local governments are in limbo, creating uncertainty over jurisdiction and decision-making.Says advocate Radheshyam Adhikari: “We see the government go from one blunder to the next, and it begs the question of whether the Prime Minister is in charge.”It is hard to see what Oli can do now except take recourse in a cabinet reshuffle. A cabinet face change is a time-honoured, time-buying tactic of Nepal’s rulers, and that could be his next move.

Kunda Dixit

Nepal PM stirs hornet’s nest

<img width="1070" height="830" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121140/636a40e99c7e80680e04a64ajpeg.jpg" alt=""/>Whether Nepal was ruled by a monarchy-military dictatorship, an elected coalition or a communist regime, its leaders have often tried and ultimately failed to suppress the press.After the <a href="http://archive.nepalitimes.com/news.php?id=1175#.XNvLDOUza70" target="_blank" rel="noopener">royal-military coup of 1 February 2005</a>, the Royal Nepal Army invaded newsrooms. At Nepali Times, two soldiers in military fatigues peered at the monitor, forcing the designer to expunge columns and cartoons. Kathmandu-based papers, including this one, went to press with white holes — so readers got the message that the edition had been censored. We wrote <a href="http://archive.nepalitimes.com/news.php?id=1222#.XNvLI-Uza70" target="_blank" rel="noopener">metaphorical editorials</a> comparing democracy to trees, and played cat-and-mouse with the authorities. Radio stations were told to broadcast only music, no news or current affairs. Some news readers got so fed up they started singing the news, broadcasting bulletins in duets. In the districts, radio stations were closed down, journalists jailed, some tortured and forced into solitary confinement for a year.After the ceasefire and the 2008 elections, in which the Maoist party won a landslide, many breathed a sigh of relief. The war was over, and it looked like our freedoms had been restored. We were mistaken. <a href="http://archive.nepalitimes.com/news.php?id=15506#.XNu7ZOUza71" target="_blank" rel="noopener">The ruling Communists</a> retaliated against critical content in the media <a href="http://archive.nepalitimes.com/news.php?id=15507#.XNu7EeUza71" target="_blank" rel="noopener">throughout 2008-9</a> by burning newspaper distribution vans, <a href="http://archive.nepalitimes.com/news.php?id=15513#.XNu7OOUza71">instigating militant unions</a> or <a href="https://www.nepalitimes.com/opinion/creeping-control-over-the-press-in-nepal/" target="_blank" rel="noopener">vandalising and assaulting journalists in their newsrooms</a>.Ever since the united Nepal Communist Party came to power, it has been taking incremental steps to gag the media. Not with a sudden, swift crackdown but <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">softly, in instalments</a>. Like frogs in a pot of water above a fire, we are not supposed to notice that the water is starting to boil until it is too late. Just a short recap: <ul><li>In August 2018, Nepal’s new Penal Code criminalised photography (Section 295), slapped on heavy fines and jail terms for recording conversations (Section 293) and announced strict punishment for sending, receiving or using online data (Section 298). It banned ridiculing of government officials by <a href="https://www.nepalitimes.com/from-the-nepali-press/press-freedom-must-be-defended-by-its-maximum-application/">Photoshop-ing</a> their images.   </li><li>A bill in Parliament sought to <a href="https://www.nepalitimes.com/banner/suppressed/" target="_blank" rel="noopener">prohibit journalists from publishing personal information of public officials</a>, ostensibly to protect their privacy.</li><li>Editors were summoned to the Press Council for intimidating interrogations.</li><li>Three journalists in the English language service of the state news agency RSS are being investigated for putting out a story that the Dalai Lama was out of hospital in New Delhi. Their crime: transmitting the item while President Bidya Devi Bhandari was on a visit to Beijing.</li><li>Last week, the Ministry of Communication and Information Technology slipped a draconian Media Council Bill into Parliament with excessive secrecy. It stipulates <a href="https://kathmandupost.ekantipur.com/news/2019-05-13/the-media-council-bill-further-endangers-press-freedom.html" target="_blank" rel="noopener">hefty fines on journalists</a>.</li></ul>Taken together, this is a creeping coup. Nepal seems to be following the roadmap of elected despots worldwide who are cracking down on the free press. Our leaders appear to have got hold of the manual from the one-party states they have been visiting of late.The <a href="https://www.onlinekhabar.com/2019/05/765299?utm_source=Facebook&amp;utm_medium=TwitterPost" target="_blank" rel="noopener">Media Council Bill</a> was introduced in Parliament last week without stakeholder consultation as is customary, and <a href="https://www.kantipurdaily.com/opinion/2019/05/12/155762804094661037.html" target="_blank" rel="noopener">smacks of ill intention</a>. Members of the Council can now be appointed or sacked at will by the Ministry of Communication. Publishers, editors or reporters can be fined up to Rs1 million for tarnishing someone’s reputation.  To be sure, sections of Nepal’s media can also be  faulted for yellow journalism, character assassination, extortion, corruption and politically-sponsored content. The media cannot be an island of integrity when the nation is afflicted by a pandemic of graft.  Members of the media-industrial complex have at times behaved like power brokers.Respondents in a recent <a href="https://www.nepalitimes.com/here-now/survey-is-wakeup-call-for-nepal-government/">nationwide public opinion poll</a> gave low marks to the media: 57% said they did not trust journalists much. The outrage over a <a href="https://www.youtube.com/watch?v=y3l7vEIvWxU" target="_blank" rel="noopener">live studio interview</a> during which Deputy Prime Minister Upendra Yadav <a href="https://www.nepalitimes.com/from-the-nepali-press/the-minister-and-the-anchor/" target="_blank" rel="noopener">walked out on the anchor</a> showed that the public sees journalists as getting too big for their boots.One reason the media could have fallen in the public’s esteem is that most citizens do not make a distinction between the mainstream press and unfiltered content on social media. But the government cannot use this as an <a href="https://www.nepalitimes.com/banner/long-shadows/" target="_blank" rel="noopener">excuse to gag the media</a>. Press freedom is a vital part of the check and balance in a democracy, and the Communist government must realise that one day when it is back in the opposition it will need the very press that it is trying to undermine now.But if it goes ahead and passes the Media Council Bill, this may be the last time we will be free to say in this space why it goes against the letter and spirit of our Constitution.10 years ago this weekNepali Times <a href="http://archive.nepalitimes.com/issue/451" target="_blank" rel="noopener">edition #451</a> of 15- 21 May 2009 had an <a href="http://archive.nepalitimes.com/news.php?id=15941#.XN1DnBQzaUk" target="_blank" rel="noopener">editorial titled ‘There they go again’</a> that could have been written about current Nepali politics. Excerpt:Countries in fragile political transition have to be governed differently than stable democracies. Transitional politics require a unity of purpose. It calls for political parties to never lose sight of the goal: preserving the peace, writing the Constitution and keeping citizens content.Unfortunately, consensus has become the first casualty in the conflict of interest between the Maoists and the rest. Chairman Dahal erroneously thought that being the biggest party in the CA gave him the right to decide things on his own. The Maoists are now following the example that the NC set. The controversy over unilateral dismissal and subsequent reinstatement of the army chief was a consequence rather than cause of the crisis of confidence between the main political parties.Our politicians, too, have forgotten why they got the people’s mandate. It wasn’t to bicker endlessly in Kathmandu over power.<a href="http://archive.nepalitimes.com/issue/451"><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108121140/636a40ec9c7e80680e04a64bjpeg.jpg" alt="" width="682" height="1084"></a>

A creeping coup

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.

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