<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 width="1050" height="751" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a676c9c7e80680e0599d8jpeg.jpg" alt=""/>On 11 December, the Prime Minister and Cabinet's office tabled the 'bill to amend and integrate laws relating to the constitution and operation of Nepal special service' in the parliament secretariat.Prakash Panta, member of the National Assembly from the opposition Nepali Congress has requested the parliament to take the Special Service Bill (SSB) back. With allegations that the bill restricts the fundamental rights of citizens, there is concern that provisions of SSB will violate citizens’ fundamental right to privacy.NC parliamentarian Radheshyam Adhikari says this is a direct threat to  citizens' fundamental rights like privacy and freedom. "This bill shows that the government is against democracy and an open society, and does not believe in transparency and accountability. It will allow the government to snoop on anyone it does not like, and use the information to threaten or blackmail them.”Read also: <a href="https://www.nepalitimes.com/editorial/censuring-censorship/" target="_blank" rel="noopener">Censuring Censorship</a>, Editorial The SSB will allow the National Investigation Bureau (NIB) to collect any information on anyone without a warrant. The Act's Section 10, subsection 6 states: ‘In the course of information collection or counterintelligence, the Bureau can monitor, intercept, or record the conversations of people or organisations under suspicion or monitoring, made in public, or through any other audio visual or electronic medium.’The Bill also defines interception as the act of monitoring communication channels and gathering data. Though the Bureau has in the past spied on individuals, it is not authorised by law to do so. Now, the bill gives it the right.The Bill makes it compulsory for people to give up any information an  investigation officer requires, and if they refuse the investigators can acquire the information by spying on them if necessary.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 GautamCritics say this has created the fear of misuse and breach of privacy in the name of investigation. It could also lead to leakage of information and violate fundamental freedom in direct contravention of the constitution.Article 8 of the Constitution states that information regarding a person’s residence, property, documents, statistics, correspondence, or character, cannot be violated unless otherwise required by law.Former Chief Justice Kalyan Shrestha says the bill increases the chance of misuse of power. "There should be clear provisions about where the right to privacy can be breached with monitoring and where it cannot. And there should also be provisions for legal redress if someone's privacy is breached when the government uses this right," he says.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 Bhattarai Constitution expert Bipin Adhikari goes further, stressing that the law will endanger the country’s democratic polity itself. "A person at the highest level of government may use these provisions to undermine the system itself," he says, referring to how the former king Gyanendra Shah used Article 123 to take power.There is also precedent set by the former head of the Centre for the Investigation of the Abuse of Authority Lokman Singh Karki, who in 2013 operated a state within a state and regularly tapped the phone calls of 293  critical politicians, security officers, civil society leaders, judges and journalists. When Parliament decided to impeach him in 2016, the phone tapping was prominent in the list of reasons.However, there are some who say the danger to democracy has been blown out of proportion. The former head of the National Investigation Bureau Deviram Sharma says, "This law is not meant to snoop on ordinary citizens' phone conversations. It intends to monitor terrorism, antinational activities,  and the activity of dubious foreigners. A draft of the bill was actually prepared 17 years ago, and it has been tabled with timely amendments."Read also:<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/nepal-undermining-free-expression-hrw/" target="_blank" rel="noopener"> Nepal undermining free expression: HRW</a>In fact, the draft bill does state that the law is needed to control ‘spying, armed insurgency, coup, inciting others to violence, aiding foreign countries or organisations, breaching the harmony between people of different classes, races, ethnic groups, religions and communities, secessionism, spreading hate and violence, armed and underground groups, illegal activities on border areas, etc.’But that is precisely what worries rights activists, who say that the definition of whom the state is allowed to spy on is so vague and broad that anyone in authority can use it to snoop on political or business rivals, the media or critics of the government.Government across the world have intelligence agencies that are given powers to spy on their own citizens, but these powers are strictly limited by law. Even so, some democratic states like India, the US and UK have made it  easier for intelligence agencies to spy on their citizens, especially when it comes to terrorism. But even there, there have been widespread complaints of misuse.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 The government tried to pass a similar law to allow surveillance in the last days of the Panchayat in 1990, citing heightened activity of foreign spy agencies. But the Panchayat system collapsed, and with it the first attempt to allow the government to spy on its citizens.The law was discussed again during the Maoist war, and a draft was even drawn up in 2001, but it was not tabled. Even today, snooping on private citizens is barred by law, but that has not stopped the National Investigations Bureau and others to snoop on calls and messages.Security agencies in Nepal regularly use call/sms data in their investigations, which is actually illegal. Some have even made private information public. After Advocate Baburam Aryal and four others filed a case against the practice in February 2016, then Chief Justice Kalyan Shrestha and judge Devendra Gopal Shrestha had ruled that a person's right to privacy was "entirely private and fundamental" and limited the practice.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>The verdict stated that since there was no law which allowed security officers to tap phone calls or look at sms, the officers would have to take permission from the District Court before doing so."That is a temporary provision. In the long term, there needs to be balance between individual's right to privacy and the state's need to investigate. A full-fledged law is the permanent solution," says ex-Chief Justice Shrestha.The NIB was previously under the Home Ministry, but in February 2018 it was brought under the purview of the Prime Minister’s Office and Cabinet Secretariat. Although the Bureau’s main duty is to safeguard national security,  the proposed bill expands its area of work to include human trafficking, drug trafficking, illegal wildlife trade. Read also:<a href="https://www.nepalitimes.com/editorial/a-creeping-coup/" target="_blank" rel="noopener"> A creeping coup,</a> Editorial"The objective of the Bureau is to protect the national interest. Giving it unlimited powers increases chances of misuse, especially since departments under the PMO are not accountable to any other government department," says Hemanta Malla, former DIG of Nepal Police.There is still time for parliamentarians to debate the Bill and change its provisions if required, but the government appears to be intent on using its majority in Parliament to ram it through. Experts say the bill should have provisions for legal redress, and provisions against transfer or sale of information collected. NC MP Radheshyam Adhikari concludes: "The way it is reads now, it lets the government pry into people's lives, intimidate them and threaten to disclose their private details if they don't obey." "The government is pushing through a law that is above the constitution. The law will grant extraordinary powers to the Bureau any time, which are to be used only in emergencies. But there is not enough awareness in civil society about this. Yes, security forces should have powers, but there should also be check and balance. The law should provide for investigation of the Bureau, as government investigation will not be enough." <figure><img width="640" height="516" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151124/636a676e9c7e80680e0599d9jpeg.jpg" alt=""><figcaption> </figcaption></figure><figure><img width="640" height="514" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151128/636a67719c7e80680e0599dajpeg.jpg" alt=""><figcaption> </figcaption></figure>"The Bill is meant to restrict undue activity from foreigners. For example, then chief secretary of the government Lilamani Pudel made a 9-point code of conduct about officers meeting foreigners. That angered them. Baburam Bhattarai had promised to not transfer any secretaries, but transferred one of them within 18 days of becoming PM. We need to stop this kind of meddling. The current protests against the Bill is instigated by such foreigners."

Spooking Nepalis by snooping on them

Fenerbahçe Beko won the Turkish Airlines EuroLeague finals in Abu Dhabi, held 23-25 May, defeating Monaco 81-70 in the final. Olympiacos, who defeated Panathinaikos 97-93, finished the series in third place. The Most Valuable Player (MVP) of the final match, Nigel Hayes-Davis from Fenerbahçe Beko, received a prize of 1,000,000 Miles&amp;Smiles from Turkish Airlines’ Chief Commercial Officer Ahmet Olmuştur. The carrier has been the title sponsor of the Turkish Airlines EuroLeague, a top tier tournament, since 2010.

Turkish Basketball

While Nepal was hosting the Sagarmatha Sambaad international climate conference in Kathmandu this month, on Mt Everest it was pretty much business as usual.&nbsp; The signs of climate breakdown are all there: a river now runs through Base Camp in summer, the Khumbu Icefall is more unstable, and there are more &nbsp;frequent avalanches. When expeditions arrived in March, the mountains were bare: it had not snowed since September, but then blizzards dumped unseasonal snow in May. And despite climate worries, such is the pull of Himalayan mountaineering that the Everest Industry showed no signs of slowdown. More than 600 international climbers and their Nepali guides had made it to the summit of the world’s highest mountain. At one point there were an estimated 2,000 people in the tent city on the Khumbu Glacier. All the ropes and ladders on the Icefall came down on Thursday, marking the official end of the spring climbing season, and just in time to avoid a monsoon cyclone approaching from the Bay of Bengal. It has been an action-packed season. One factor could be that Everest fees will go up from September: each foreign climber needs to pay a $15,000 royalty, up from the present $11,000. The cost for a Nepali climber on the South Col route will also go up: from Rs75,000 to Rs150,000.&nbsp; The fee to climb Everest in autumn is $7,500 (up from $5,500), but most climbers still prefer spring. Winter permit fee (December-February) is only $3,750 per person and the mountain is now also open for monsoon (June-August) climbs, when the fee is ever lower at $2,750. The revised rule also makes it mandatory for every two climbers on an 8,000m peak to hire one Nepali mountain guide.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025053004050_67f856fe52714e4bdcf21ae7d45c6f18c82117b9d0a5f73ed1efa04c96de1046.jpg" data-media-id="editor_0" data-image-id="2025053004050_67f856fe52714e4bdcf21ae7d45c6f18c82117b9d0a5f73ed1efa04c96de1046" data-rendition-name="original" width="931" height="732" loading="lazy" alt="The Everest Industry graph 1"> </figure>  In addition, climbers also have to pay for porters and guides, equipment, Base Camp costs, Ice Fall and fixed rope team fees, so climbing Everest does not come cheap. But such is the draw of climbing the world’s highest peak that some say the increased fees will not diminish the crowds next year. The government has tried to spread expeditions out to other seasons and other 8,000ers, but with not much success. Earlier this year, Nepal unilaterally increased the number of 8,000m peaks to 14 by adding six more sub-summits to broaden the choice for climbers. Added were: Yalung Kang (8,505m), Yalung Kang West (8,077m) &nbsp;Kangchenjunga Central (8,473m), Kangchenjunga South (8,476m), Lhotse Middle (8,410m) and Lhotse Shar (8,400m).&nbsp; The announcement could go against the accepted topographic criteria that a stand alone peak has to be at least 300m higher than an adjoining prominence, and at more than 3km isolation from it. The UIAA (Union Internationale des Associations d'Alpinisme) still recognises only 14 mountains as eight-thousanders, and only eight of those are in Nepal, or on the border with China. Nepal’s revised mountaineering regulations also increased the insurance coverage of high-altitude workers to protect porters and high altitude guides who usually take more risks on the mountains. Rescue teams and clean-up campaigners to collect trash and remove bodies of dead climbers up to Camp IV of Mt Everest do not need permits.&nbsp; The Sagarmatha Pollution Control Committee is now using drones to fly down trash in 20kg sacks. Each climber is also required to bring down at least 6kg of waste and not just their own, but this rule is erratically enforced. With five fatalities on Everest and Lhotse, Spring 2025 had a historically low death toll. Another five climbers died on Annapurna, Kangchenjunga and Makalu.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/2025053004050_38681de22f0fefb6faa12b01755566d09c5064d0ff84e12ccc7b5d68ea9ba38a.jpg" data-media-id="editor_1" data-image-id="2025053004050_38681de22f0fefb6faa12b01755566d09c5064d0ff84e12ccc7b5d68ea9ba38a" data-rendition-name="original" width="665" height="740" loading="lazy" alt="The Everest industry graph 2"> </figure>  Journalist Ben Ayers who ran the Everest Live social media channel from Everest Base Camp with daily updates credited the low death rate to dramatic rescues of climbers from the ‘Death Zone’ by their Nepali guides and longline helievacs — the visuals all uploaded on YouTube.&nbsp; “Ironically, this perception of safety is bringing more and more inexperienced climbers to the mountain, and they need more rescues,” Ayers said in one of his dispatches.&nbsp; American expedition chronicler and summiteer Alan Arnette suspects there is a lot of under-reporting given that the jet stream and storms were lashing Everest even till late in the season. He told us: “I heard a lot about frostbite and rescues that were not made public. It’s become practically impossible to cover the details on Everest. All the teams report nice news, and they don’t talk about bad stuff to avoid hurting businesses.” Although trash on Nepal’s mountains makes headlines, what does not receive as much attention is the climate impact of so many expeditions. The Sagarmatha Sambaad conference sidestepped this issue, which is ironic given that the impact of climate breakdown is most evident on Himalayan peaks and their glaciers.&nbsp; <h2>Need for Speed</h2> The big stories this year have been about speed-running from their home cities to the top of Everest. Ukrainian entrepreneur Andrew Ushakov flew out of JFK on 15 May at 10:15AM Nepal time, and was on the summit 3 days, 23 hours, and 7 minutes later on 19 May at 9:22AM.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250601080640_1c5cc6fc991307861768f07037ed9d30930fb20f35dbb57dc31c9a92a9e1a885.jpg" data-media-id="editor_2" data-image-id="20250601080640_1c5cc6fc991307861768f07037ed9d30930fb20f35dbb57dc31c9a92a9e1a885" data-rendition-name="original" width="1440" height="1800" loading="lazy" alt="The Everest Industry"> <figcaption>Andrew Ushakov at the summt. Photo: ELITE EXPED</figcaption> </figure>  “I could never find the time for the traditional 40-50 days of acclimatisation,” Ushakov explained matter-of-factly. His ‘Everest Sea-to-Summit’ climb was possible because he spent 400 hours in hypoxic sleep tents over the past four years in New York. However, Ushakov did use ropes already fixed, hired four Nepali guides, helicoptered to Base Camp, and used much more oxygen than an average climber. And after the climb, Ushakov was arrested at Kathmandu airport for being in possession of $20,000 of undeclared cash and spent a night in jail and fined $60,000.&nbsp; The other speedsters were Garth Miller, Alastair Cairns, Anthony Stazicker, and Kev Godlington, all former British Army commandos. They left London and summited five days later on 21 May, and flew right back. They also used hypoxic tents to simulate the thin air high on Everest.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250601080644_90c8dd5cc07b4b43f2989b1dc0c0650ab80f10ebb06680c25a6909c519957bd8.jpg" data-media-id="editor_3" data-image-id="20250601080644_90c8dd5cc07b4b43f2989b1dc0c0650ab80f10ebb06680c25a6909c519957bd8" data-rendition-name="original" width="810" height="668" loading="lazy" alt="The Everest Industry "> <figcaption>All four members of the Furtenbach team at the summit. Photo: Sandro Gromen-Hayes</figcaption> </figure>  But more controversial was their use of xenon gas therapy in a German hospital to ramp up the production of oxygen-carrying haemoglobins in their blood. Xenon is banned by the World Anti-Doping Agency for being performance enhancing in sports. Expedition leader Lukas Furtenbach said this rule does not apply to mountaineering, as it is not a regulated sport like swimming. Nepal has no rules about xenon, but the Department of Tourism said it was launching an ‘investigation’ to decide on future policy since it is difficult to ban xenon, but allow oxygen. The controversy has also divided the mountaineering community, with some climbers saying they just want to maximise their chances of survival. Spending less time on the mountain could make climbing safer by reducing avalanche risk. It would also mean less trash on the mountains, but it would reduce the income of Nepal’s expedition industry. It is also unclear how much of the success was due to xenon therapy and whether the ex-special forces were already in good physical shape.&nbsp; The need for speed hides the fact that climbing in the Himalaya is dangerous business, and climbers cannot sprint to the top just by huffing xenon. But ultra-fast climbs could be charged more, and the revenue generated can be used to establish state-of-the-art rescue operations, and increase pay and insurance for guides. Two other speed chasers this season were Swiss-Ecuadorian Karl Egloff and American Tyler Andrews, both on Everest without oxygen. Andrews choppered to Base Camp to catch a weather window, but turned back from 8,500m due to high winds. Heavy snow and wind also forced Egloff to descend from 7,000m. Slow and steady climbers like Anja Blacha from Germany did make it to the summit without oxygen, while Kami Rita Sherpa broke his own record with his 31st Everest summit as he led a 26-strong Indian Army group. There were 468 permits issued for foreign climbers from 48 expeditions to Everest this spring. Nepal’s other eight-thousanders together had only 17 expeditions. Nepal has more than 1,000 peaks above 6,000m, and has opened only 476 of them for climbing.&nbsp;

The Everest Industry

While Nepal marked <a href="https://nepalitimes.com/news/mt-everest-pvt-ltd">Mt Everest</a> Day on 29 May, on the other side of the planet in the US state of Colorado dozens of Nepalis who have climbed the world’s highest peak multiple times were busy working as chefs and Uber drivers. Among them is Nima Doma Sherpa, who climbed Mt Everest in 2019 after her husband Tshering Wangchu was among 16 crushed by an avalanche on <a href="https://nepalitimes.com/banner/on-thin-ice-in-the-khumbu">the Khumbu Icefall</a> five years earlier. A large serac broke off the West Shoulder of <a href="https://nepalitimes.com/news/the-everest-industry">Mt Everest </a>and fell directly on a group of <a href="https://nepalitimes.com/opinion/more-porters-sick-on-everest-trail">porters and guides</a> making their way up the Icefall at 5,800m. Their bodies were flown by helicopter to Khumjung where Tshering Wangchu was born. He was excited about climbing Mt Everest for the first time.&nbsp; In Khumjung, Nima Doma felt like her own life had also ended. This was the kind of news Sherpa wives, mothers and sisters dreaded every <a href="https://nepalitimes.com/here-now/peak-climbing-season-2025-s4abrxny">mountaineering season</a>. She stayed home for more than two years grieving, but ultimately gathered up all her emotional strength to take care of her 6-year-old son and 3-year-old daughter. Nima had grown up in Khumjung hearing <a href="https://nepalitimes.com/review/stories-of-nepal-s-summiteers">tales of adventure on the mountains </a>from their father, Ang Chubi Sherpa who had climbed Everest in 1993. He used to bring her and her sisters and brother European chocolates after every expedition, and used to tell them that the chocolate bars grew on the mountains. “It was only after we got older did we realise that he told us that chocolates grew in the mountains so we would not worry about him putting himself in harm's way,” Nima Doma recalled with a faraway look at her home in Boulder this week. Nima went to the school that <a href="https://archive.nepalitimes.com/article/Nepali-Times-Buzz/commemorating-edmund-hillary-in-nepal,4145">Edmund Hillary</a> opened in Khumjung till Grade 8, and then dropped out to help in the kitchen and <a href="https://nepalitimes.com/here-now/when-yaks-go-so-does-culture">tend yaks</a>. She was married off to Tshering Wangchu, who was also a high altitude guide. When Tshering went on expeditions, Nima also started working as a porter from Namche to Base Camp. It was perhaps her father’s tales of mountains of chocolates that had always attracted her to <a href="https://nepalitimes.com/here-now/knowing-our-mountains-43v4iyvo">the peaks</a>. After her husband was killed ten years ago this month, being a widow with children was not easy for Nima Doma. But she was not alone: there were at least 200 single mothers in <a href="https://nepalitimes.com/here-now/khumbu-since-1950-jaww4qn0">the Khumbu</a>, and 20 of them just in Khumjung whose husbands had been killed in <a href="https://archive.nepalitimes.com/article/nation/tragic-start-to-himalayan-spring-nepal,3695">mountaineering accidents</a>. Some were not even 20 years old, and had children growing up without fathers. But there were also women in the 50s whose husbands had been killed in the 1980s. Nima found sponsors for her children’s education, and moved to Kathmandu. In the capital, Sherpa widows used to meet to help each other. Some of them had joined the Nepal Mountaineering Association (NMA) training for rock and ice climbing. “I decided that it was no use sitting home and crying anymore, after meeting other single mothers I felt less alone,” remembers Nima, who joined the Juniper Foundation and enrolled in an NMA training camp in Manang. There she climbed Chulu East (6,584m) and met Furadiki Sherpa, whose rope-fixing husband had also been <a href="https://nepalitimes.com/news/on-mt-everest-s-70th-records-and-fatalities">killed on Everest</a> in 2013. They set themselves the goal of climbing Everest one day, and started a fund-raising drive.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530090544_621be0724b9182c8e3594b2c562a71ec32ac01d985a71d0cf31646de9d51e15a.png" data-media-id="editor_12" data-image-id="20250530090544_621be0724b9182c8e3594b2c562a71ec32ac01d985a71d0cf31646de9d51e15a" data-rendition-name="original" width="2678" height="1274" loading="lazy" alt="Everest summiteers find new life in the US"> </figure>  “We decided we had to overcome society’s stigma of <a href="https://archive.nepalitimes.com/article/nation/widows-personal-happiness-comes-last-in-face-of-social-financial-hardships,1855">widowhood</a> and prove that <a href="https://nepalitimes.com/here-now/remembering-junko-tabei">women could also climb mountains</a>,” Nima said, adding that she was inspired by Nepal’s first woman Everest summiteer Pasang Lhamu Sherpa, who died during her descent in 1993. Nima Doma and Furdiki climbed the technically-difficult Ama Dablam (6,812m) and then arrived at Everest Base Camp in April 2019 as part of their Two Widows Expedition with the motto, ‘So Can We’. While climbing up the Icefall Nima passed the spot where her husband had been killed. It was a jumble of constantly-shifting ice blocks bigger than houses. She closed her eyes and said a prayer. “I remember thinking, this is so difficult and dangerous. This is what my husband had to do to support our family,” Nima Doma said. “I was determined to fulfil my husband’s dream of climbing Chomolungma, and to prove to ourselves that we two women could do it.” It was 23 May 2019 when <a href="https://www.reuters.com/article/world/two-sherpa-widows-scale-everest-and-smash-stigma-idUSKCN1SU0MV/" target="_blank">Nima and Furdiki stepped on the summit</a> and looked over into Tibet, and down at Tengboche Monastery to the south.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530090544_6b822582b5d88ba5e972db084f184690b40653c6efd9901b2dd082ffba2a263b.png" data-media-id="editor_16" data-image-id="20250530090544_6b822582b5d88ba5e972db084f184690b40653c6efd9901b2dd082ffba2a263b" data-rendition-name="original" width="2700" height="1522" loading="lazy" alt="Everest summiteers find new life in the US"> </figure>  Nima Doma hugged Furdiki, took off her mask and wept. But for the first time in five years, it was not from grief but relief — relief for being free of all the sadness and sacrifices and for fulfilling her husband’s dream. They had found <a href="https://nepalitimes.com/here-now/life-after-death">life after death</a>. “I felt this immense joy to be on top of the world, it was indescribable,” Nima Doma said, “I have wept only twice in my life. Once when my husband died, and once there on top of Everest.” The tears had frozen on Nima Doma’s cheeks, as she and Furdiki headed back down the mountain.

Everest summiteers find new life in the US

At the edge of the dense forest overlooking Bhaktapur, the sound of chirping birds and the wind rustling through the trees have been replaced by the growl of dozens of bulldozers. This Kakrabari Community Forest behind Suryabinayak shrine was c<a href="https://nepalitimes.com/banner/reviving-nepals-community-forestry-success-story">arefully protected and managed </a>by the local Tamang community for centuries. Today, heavy earthmovers claw noisily at the slope, opening it up like a big red wound. With little land left in the densely populated city, developers are venturing further afield to the valley’s rim and forcibly taking over forests that <a href="https://nepalitimes.com/news/the-unsung-heroes-of-conservation">local communities </a>have depended on for fodder, firewood and to protect their watershed.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530180528_acd2eb20a4839a83f3a15b4c8587dbf82c5b96534f2184043edeaf0f5165145f.jpg" data-media-id="editor_2" data-image-id="20250530180528_acd2eb20a4839a83f3a15b4c8587dbf82c5b96534f2184043edeaf0f5165145f" data-rendition-name="original" width="1000" height="562" loading="lazy" alt="Plotting to plunder NT"> </figure>  This project of Nic Vujicic Housing Company in Suryabinayak’s Kakrabari Bhanjyang is just the latest and most blatant example of <a href="https://nepalitimes.com/banner/who-now-owns-nepals-forests">encroachment of forests </a>by real estate developers in collusion with local government officials. “One day, they just came and bulldozed my house,” says Shanta Lama of Ghising Danda, whose family has been living in a tent since March. “Company workers gathered my belongings, deposited them in this tent and demolished my house.” Unlike some of her neighbours, Lama refused to give up her home, but stood no chance against the heavy machines and strongmen mobilised by the company.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530180528_ff88453001e3dc521406bda7b6cb06b9e5b70d6821e67251b92257e60e72232a.jpg" data-media-id="editor_4" data-image-id="20250530180528_ff88453001e3dc521406bda7b6cb06b9e5b70d6821e67251b92257e60e72232a" data-rendition-name="original" width="1000" height="562" loading="lazy" alt="Plotting to plunder NT"> <figcaption>Shanta Lama of Ghising Danda whose house was bulldozed last month. She and her family are now living in makeshift huts nearby.</figcaption> </figure>  Adds Shanta: “I have not signed any document of agreement, the company keeps telling me that they will settle the paperwork later.” Her neighbour Bal Bahadur Tamang, says a<a href="https://nepalitimes.com/news/ordinary-nepalis-extraordinary-sacrifice"> bulldozer razed his house</a> while he was out grazing goats in the forest. He recalls: “My wife shouted to the neighbours for help, but no one heard her.” &nbsp; The company used strongarm tactics to try to force Bal Bahadur to sign away his small plot at the edge of the forest that the housing company needed. The family refused, so the property was simply taken over. “Many families have been forcibly evicted from their homes and moved elsewhere to make way for the new housing colony,” says Bal Bahadur. But such is the fear of the young vigilantes employed by the company, that they are afraid to speak out.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530180528_b7d1a94af95a0b17703f61397d65fe879c4c9b3b02681706b9104114a5c4e5cd.jpg" data-media-id="editor_6" data-image-id="20250530180528_b7d1a94af95a0b17703f61397d65fe879c4c9b3b02681706b9104114a5c4e5cd" data-rendition-name="original" width="1000" height="562" loading="lazy" alt="Plotting to plunder NT"> <figcaption>Many families this one have been forcibly evicted, and do not want to speak openly because of the fear of vigilantes. </figcaption> </figure>  But there appears to be a generational divide among the local community in Ghising Danda. Many <a href="https://nepalitimes.com/banner/no-country-for-young-men">young men have migrated</a> to the city or abroad, but those that remain have been promised jobs and a piece of land by the company, and support the project.&nbsp; For centuries, Suryabinayak communities have tended to the land, and the land has tended to them. The protected trees provide them with livelihood,<a href="https://nepalitimes.com/here-now/multipronged-response-to-nepal-s-multi-hazards"> prevent landslides</a> on the slopes above and recharge ground water so the springs do not go dry. But this historic connection was severed in January when the excavators arrived to chop down trees and dig up the hill, razing 1.1 hectares of the community forest and surrounding settlements.&nbsp; Much of the forest is now gone, and recent rains have washed the red mud down the mountain like a bleeding gash. On a recent visit excavators were levelling the slope.&nbsp; Nic Vujicic Housing is owned by Purna Bahadur Limbu, Prabin Kusma and Dillidhwaj Baraili. It had parcelled 14.6 hectares in the neighbouring Palanse village three years ago, and was even awarded by the municipality for the project.&nbsp; Now, the company is clearing 27 hectares of private property and community forest in Ghising Danda without a planning permit either from the municipality or the Kathmandu Valley Development Authority (KVDA).&nbsp; In fact, its application has been pending at the Authority since last October. The company has dangled a lollipop by promising 21 out of the 451 private plots to the government.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530180528_08bcc863a21fd35364086877e1f8152d6c470b5fcd4fd650c555577a824c77c6.jpg" data-media-id="editor_9" data-image-id="20250530180528_08bcc863a21fd35364086877e1f8152d6c470b5fcd4fd650c555577a824c77c6" data-rendition-name="original" width="1000" height="562" loading="lazy" alt="Plotting to plunder NT"> </figure>  Nepal’s 2015 Basic Standards for the Development of Settlements, and Urban Planning and Building Construction by-laws stipulate that land transactions, <a href="https://nepalitimes.com/here-now/nepali-building-bridges-in-tasmania">construction projects</a>, and housing development via land consolidation require approval from either the KVDA or local government.&nbsp; Projects involving land up to 0.1 hectares require permission from the local level, and those of up to 2.5 hectares require approval from the district authorities, and plans exceeding that area need a permit from the KVDA.&nbsp; Nic Vujicic Housing’s director Dillidhwaj Baraili, is a member of the Federation of Nepalese Industries and Entrepreneurs (FENIE), and close to the ruling UML party.&nbsp;  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250530180528_2016ffcd828fda3535798e7534067519e9c346e64371866c9a61c571ce70b1b4.jpg" data-media-id="editor_11" data-image-id="20250530180528_2016ffcd828fda3535798e7534067519e9c346e64371866c9a61c571ce70b1b4" data-rendition-name="original" width="1000" height="562" loading="lazy" alt="Plotting to plunder NT"> </figure>  While the company did consult with locals, conduct an EIA, tested soil quality, and conducted a hydrological study of the area, these were perfunctory and incomplete for a proper permit application. The approval of<a href="https://nepalitimes.com/editorial/mind-the-gap-6liiyw5w"> private landowners </a>and the municipality as well as project details were missing.&nbsp; The company had excavated half of Ghising Danda without permission when the local community started raising questions. Only then did it seek permission from the ward, which directed it to apply for a planning permit from the Suryabinayak Municipality.&nbsp; “We are yet to verify whether all the documents submitted by the company are in order, which is why the application is still pending,” Rajendra Prasad Nepal, the municipality’s information officer, told Nepali Times.&nbsp; But the lack of a permit does not seem to deter company director Dillidhwaj Baraili, who uses convoluted semantics to justify using excavators on private and community land. &nbsp; “It is the <a href="https://nepalitimes.com/here-now/kathmandu-s-unreal-real-estate-prices">plotting of the land</a> that requires approval from the KVDA, we do not need permission from local authorities to operate heavy machinery on the project site,” Baraili told us. However, Ward 9 Chair Bhagwan Khatri says no such permission to use excavators and bulldozers have been given without first obtaining a planning permit. “The housing project is illegal because it has moved forward without a planning permit,” says KVDA’s District Commissioner for Bhaktapur, Safal Shrestha. When the bulldozers started felling trees in the community forest in March, a joint task force of four local guthi put up a resistance, and demanded that the housing company ensure that there would be no mudslide danger downslope <a href="https://nepalitimes.com/here-now/before-the-next-monsoon">during the monsoon</a>.  <figure> <img src="https://publisher-publish.s3.eu-central-1.amazonaws.com/pb-nepalitimes/swp/asv65r/media/20250531030528_44bd6a61a1c81d07ee19e790a51929a9fd13c1db2da7ede2b7ef4d99b8c6c32a.jpg" data-media-id="editor_15" data-image-id="20250531030528_44bd6a61a1c81d07ee19e790a51929a9fd13c1db2da7ede2b7ef4d99b8c6c32a" data-rendition-name="original" width="1000" height="562" loading="lazy" alt="Plotting to plunder NT"> <figcaption>Dozens of heavy earthmovers were at work at this site one morning earlier this month. With an early monsoon, residents fear mud slides.</figcaption> </figure>  It also wanted the company to make sure the flow of <a href="https://nepalitimes.com/review/the-heat-beneath-our-feet">water in springs</a> were not affected, and to set up a boundary along the community forest to prevent further encroachment. It also demanded compensation to displaced homeowners.&nbsp; But Nic Vujicic Housing paid no heed, and sent in excavators. Last month, the Kakrabari Community Forest Users Struggle Committee wrote to the Bhaktapur District Administration Office, Suryabinayak Municipality, and the Division forest Office to halt the project. In response, the housing company put out a press release accusing residents of spreading rumours, but the statement presented contradicting information about the status of its planning permit at various levels of the government. &nbsp; It has taken a month for the local government to even send an inspection team to the site. But the team concluded that the forest had been encroached upon and asked the housing company to halt its activities immediately.&nbsp; The company refused to comply, and on 9 May the Police was sent to shut down the project. Baraili maintains the forest was levelled with the consent of all four Guthi as well as Ram Krishna Tamang of the Kakrabari Community Forest User group. Tamang told us he has given no such go-ahead.&nbsp; “How could we have permitted the operation of construction machinery in the <a href="https://nepalitimes.com/banner/safeguarding-the-soul-of-sal">community forest </a>when the Nepal government itself does not allow the destruction of public property?” adds Tamang. Because of the controversy, the company is now trying to use a carrot and stick approach by placating the local community, while also intimidating those who speak out. “Even though we had obtained permission, perhaps we should have not started using our heavy machinery yet,” Baraili admitted. However, the company is trying to silence dissenters in the community with threats. The company has deployed local youth who have been promised jobs to convince and cajole outspoken community members in Ghising Danda. &nbsp; One of them is Chewang Tamang, who says jobs are more important, and lashes out at locals for being “anti-development”. He says: “There is no point sitting around complaining that a few trees have been cut. The only people who are opposed to this project are those who do not want this place to develop.” &nbsp; <div class="embed-block"><div><div style="left: 0; width: 100%; height: 0; position: relative; padding-bottom: 56.25%;"><iframe src="https://cdn.iframe.ly/api/iframe?url=https%3A%2F%2Fwww.youtube.com%2Fembed%2F6TRxyQjbo50%3Fsi%3DjMRyrgfB9tTX8pP8&key=87ca3314a9fa775b5c3a7726100694b0" style="top: 0; left: 0; width: 100%; height: 100%; position: absolute; border: 0;" allowfullscreen scrolling="no" allow="accelerometer *; clipboard-write *; encrypted-media *; gyroscope *; picture-in-picture *; web-share *;"></iframe></div></div></div>