Status of the Press Freedom and Freedom of Expression of Nepalese year (published on May 5 on the occasion of World Press Freedom Day- May 3)

Status of Press Freedom and Freedom of Expression in Nepal

Violation of freedom of press and expression have increased in Nepal aftermath of an armed rebellion by an underground left outfit, Communist party of Nepal (Maoist), more than four year ago. Between the period of may 3, 1999 and May 2, 2000, a journalist was murdered by some unidentified persons, a journalist is missing for more than one year, three journalists have been put behind bars briefly, five journalists were sent to jail on charge of contempt of court, nine journalists were detained briefly by the civil administration and at least two dozen journalists were physically abused, threatened or misbehaved by different sections of society.

Murder/Disappearances

Vice-president of Nepal Press Union (NPU) Rautahat branch Shambhu Prasad Patel, was shot dead by the two unidentified gunmen on January 23 at his residence in Rautahat district. He died on February 5, 2000 while undergoing treatment in Bir hospital. NPU has condemned the murder and demanded action against the culprits. But the police have failed to nab the murderers so far and say they are still investigating into the cause.

Milan Nepali, former managing editor of Janadesh weekly, said to be close to the to the underground Maoist party, remains missing for more than last one year. Nepali was arrested by police in Kathmandu on June 21 last year and is missing since then from police custody.

Jail terms

Reporter with Janadesh weekly, Chitra Bahadur Chadhary is serving term at a jail in Bardiya district whereas Amar Budha of Yojana Weekly has been put behind bars in Dang district on charge of being involved in the Maoist movement. Budha was arrested in Udayapur district in eastern Nepal in April last year and Chaudhari was arrested in mid-western district of Kailali in August last year.

Police arrested Krishna Sen in April 1999 and put him in Bhadragol jail. Though the court ordered his release on August 10, the same year, he was imprisoned for nine months. It is alleged that Police arrested Sen as soon as he was released from the jail and was taken into custody as a Police training center in the capital. Later, he was transferred secretly to Siraha jail. Police filed a case under illegal Weapons Act on February 18 this year. Sen is still in Siraha jail.

Ban

The Censor Board under the Ministry of Information and Communications banned the public screening of the movie "Aago" (meaning, Fire) alleging that the story of the movie resembled to the ongoing Peoples' War waged by the underground Maoists. Producer and Director of the movie have protested the government's decision saying that it has violated the freedom of expression guaranteed by the constitution.

The newspapers that are believed to close association with Maoist party have been banned unofficially to enter into Maoist in mid-western Nepal.

Censorship on Media

As per the directives of the Ministry of Information and Communications, Police raided the office of Space Time Network Pvt. Ltd., the largest private sector cable operator in the country, in Kathmandu on April 19 this year on charges of not clearing the revenue due to the government. All the transmission of the Company were banned without prior notice. The Company paid all the dues amounting RS. 4.8 million the same day. The transmission of the Company resumed after nearly 24 hours.

Police confiscated 20,000 copies of Janadesh weekly, which carried a news report describing the attacks by Maoist rebels at a police post at Bhattedada in Lalitpur district last year.

Police in plain clothes confiscated 200 copies of a quarterly magazine, Mul Prabaha, from different places of Kathmandu valley. The magazine is said to be sympathetic to the underground Maoist party. The officials did not bother to explain what prompted them to the confiscation of the copies nor initiated any action against publisher and editor of the magazine.

Ministry of Information and Communications called Mukunda Prasad Acharya, executive director at radio Nepal, back to the Ministry and initiated probe in connection with presentation of a comedy during a program organized on the occasion of golden jubilee of the state-owned Radio Nepal on April 2 this year. Minister J. P. Gupta said action had been taken against Acharya as the comedy had dishonored the entire parliament and its members. In the comedy, a doctor told the patient that there were 205 norms in the wound at his throat. There are 205 members in Nepali parliament. The Ministry also asked the board of directors of the Radio to take action against concerned staff of the radio who staged the comedy.

Detention

Police arrested 13 people, editors, journalists, press owners and other officials, including Shakti Lamsal of Janadesh weekly and Ashok Subedi of Himalaya Times, proprietor of the Indreni Offset Press Gyanendra Manandhar on January 5 last year. These people were released later but the police are yet to return the Computer and other equipment that it had confiscated during the raid.

Shyam Banjada, assistant editor of Pratik Daily, Birgunj was arrested by the police in May last year on charges of involving in the act of setting fire at the Thakur Ram Multiple Campus, Birgunj. He was later released on bail of Rs. 2000 by Parsa District Court.

Sobhakar Neupane of Dang Blast weekly was arrested in November last year in Dang on the eve of nationwide shutdown strike called by a group of Nine Leftist Parties. He was later released. Roshan Shreshtha, reporter with the Kathmandu-based Prakash weekly was arrested in October 1999 and released after two days.

Bhim Prakash Sharma, publisher and editor of Jana Aahwan weekly, said to be sympathetic to the underground Maoist party and Om Sharma, executive editor with the same weekly were arrested by police in April 1999 in Kathmandu. They were released after nearly three weeks. Arun pant, a freelance photojournalist and Dr. Rishiraj Baral, Consulting editor of Yojana weeklies were released in April 1999 and were released sometime later.

Two journalists, Dev Kumar Yadav, Council Member of the Federation of Nepalese Journalist (FNJ), Siraha and reporter of Janadesh weekly and Nagendra Kumar Paswan, Vice-chairperson of the Federation of the Nepalese Journalist, Siraha section and reporter of Mahima weekly were arrested from their houses at 11 PM in Siraha district on February 13, 2000. They were released immediately.

Attacks, Misbehavior and Threatening

Tulasi Subedi, reporter with Pusapanjali weekly was threatened by some political activists in connection with the publication of a news report in Dhanakuta district in eastern Nepal. Police in Syangja misbehaved with a group of journalists, while they were monitoring Kali Gandaki 'A' hydro electricity project with a group of anti-large dam activists.

A group of people attacked Gagan Bista, co-editor of Hindu weekly at his residence in western district of Gulmi during the election campaign in May 1999. He spent several weeks for treatment at Bir and Model hospital and had to undergo operations of his right hand for four times.

Nearly 100 women along with the proprietor of Hotel Moon, Urmila Pradhan misbehaved with journalists of semi-weekly paper Chirfar on September 4, 1999 relating to a news report based in that paper. The report claimed that a local industrialist was found with a prostitute at the hotel.

Yuabraj Poudel, reporter of Nepal Bani weekly of Kathmandu and a reporter for the National News Agency (RSS) was beaten by former secretary of Nepali Congress of Jhapa district unit Gopal Kumar Basnet last year. Basnet sustained serious injuries during the assault. The Federation of Nepalese Journalist (FNJ), Jhapa section has filed a case at Jhapa District Court against Basnet.

Suspected Maoists activists kidnapped Bidur Dhungel, co-editor of Nawa Aakash monthly from Ramechhap district (central northern Nepal) early this year. He was later released by the rebels.

Ramesh Jha, a correspondent with the Himalaya Times Daily and editor of local Jehad Vernacular weekly was beaten by President of District Development Committee of Sarlahi, Nandalal Raya Mr. Jha was beaten badly for publishing a news report about alleged irregularities in the supplies of fish.

A group of traders attacked Rishiram Poudyal, reporter of Kantipur daily in Sindhupalchowk district in November last year for writing a news piece about smuggling activists at Tatopani customs bordering Tibetan autonomous region of China.

Madhusudan Gyawali, reporter of Janasatta and Samakalin weekly was beaten by a group of unidentified people in Biratanagar last year

Bharat Kumar Shahi, a reporter with Himalaya Times Daily in remote northern district of Kalikot District received threatening letter signed by Comrade Prachanda, General Secretary of the underground CPN (Maoist) party. The letter warned that the rebels would kill him by chopping into pieces if he continued to write about Maoist activities in the district.

A group of miscreants attacked Padma Bhakta Kharel, editor and publisher of Dibyachakchhu weekly at Durbarmarg in the heart of the capital on 14th March 2000. In a different incident, manufacturers of mineral water companies threatened Krishna Timilsina about the quality of locally manufactured mineral water.

The organizers of "Nepal Bandha" (nationwide shutdown) misbehaved with Gopal Budhathoki, editor and publisher of Hank weekly and Sudhir Sharma, senior reporter with Himalaya Times daily on March 27, 2000 in Kathmandu. CPN (UML), the main opposition party, had called the `Bandh'. Police arrested Hem Pathak, editor and publisher of Sambodhan weekly, while he was moving with the organizers on the same day. It is believed that the weekly is closely associated with CPN (UML).

Activists supporting the 'Bandh' also threatened Tika Ram Rai, editor of Aparanha daily, an eveninger. The organizers also attacked and misbehaved to Chandrakant Poudel (popularly known as Gorkhapatra Baje) in Pokhara, looted newspapers and stationers from his shop and threw them away into a nearby river. Poudel has filed a case against UML leaders in the district alleging them of being involved in the incident.

A group attacked Krishna Kumar Khanal, reporter of Nepal Jagaran weekly and editor of local newspaper Prajawalit weekly in Birgunj on April 1, 2000 as per the instruction of local woman. Police misbehaved Ramraj Pokhrel, reporter of Punarjagaran weekly on March 28 in this year in western town of Butawal about while he was reporting a transport strike called by the Nine Leftist Parties.

A group led by Dinesh Singh and Dipendra Thakur vandalized the office of Dainik Jagaran, a daily newspaper published from Janakpur and manhandled Sri Narayan shah, its assistant director and Secretary of NPU Janakpur branch on April 23, 2000.

A group led by Chairman of Hotel Entrepreneurs Association in Birtamod misbehaved and physically abused Journalist Chhabi Adhikari alleging him to have written a story under nickname in "Tathyakatha" magazine.

Court and Media

K. P. Gautam, deputy editor with the state-run daily "Gorkhapatra," was sentenced for five days in prison on 17 August 1998 by the single bench of Judge Ishwor Prasad Khatiwada of Kathmandu District Court. A case was filed after the 18 June publication of Gautam's article entitled "Judges Swindle the Salaries of Their Lower Staff". In his article, Gautam referred to the details of a report on judicial corruption prepared by the Auditor General's Office and presented at the Parliament's Public Accounts Committee. Similarly, Shiva Adhikary, then Chairman of Gorakhapatra Corporation and Uddhav Upadhyaya, editor of the daily were also fined Rs. 500 each. Coincidentally, Judge Ishwor Prasad Khatiwada was one of the main figures accused of corruption in the report. Later, Gautam and others appealed in the Appellate Court, Patan, the final verdict of which is yet to come.

Iswar Bhattarai, Hari Prasad Pandey and Shiva Lamsal publisher, editor and executive editor respectively of weekly Paschimanchal were detained on 6 July 1999 at the order of Kaski District Court, western Nepal, for publishing a news item entitled "Allegations of Corruption Against a Judge". The journalists were released the following day after they agreed to publish an apology for two consecutive weeks on the front page of the newspaper.

Jagadish Bhattarai, member of FNJ Palpa section and council member, editor and publisher of Nava Jachetana weekly, Palpa and reporter of Kantipur/The Kathmandu Post daily agreed to go to Palpa prison accepting court order on March 12, 2000 for 7 days on charge of publishing an editorial entitled "Saviors of Law are Corrupt" on January 11, 1999 issue of the weekly. In this case, the District Court found Bhattarai as guilty of Contempt of Court and pronounced a seven-day imprisonment and a fine of Rs. 500 by a single bench of Justice Raghu Nath Aryal on August 12, 1999.

The Kathmandu District Court has cancelled a case against "Saptahik," a sister publication of Kantipur Publication, which was filed by Sangita (Padma) Adhikary protesting the news item entitled "arrest organized prostitutes" by judge Prabha Basnet.

The Kantipur Publications won a defamation suit filed against it by an individual, Ang Sang Sherpa on the charge of publishing news items under the headline, "Drug Dealer Arrested" both in Kantipur and The Kathmandu Post on January 24, 1999 by the single bench of Justice Sharada Prasad Ghimire of Kathmandu District Court on March 30, 2000.

FNJ member from Udhayapur Baikuntha Nath Dahal has declared as innocent by the district court of Udayapur .Two years ago he kept in custody for 11 days on accused of the participation in Maoist activity. The court ordered to the govt. to provide 16500 rupees as compensation.

Former Secretary of FNJ and editor of Jana Astha weekly, Kishor Shreshtha, has filed a defamation suit against two weeklies, joint Secretary of Dristi weekly Gokul Baskota, editor of Gatibidhi P. S. Karki, Chief Editor of Yug Bani Tej Prakash Pandit and Managing editor in the same weekly, Bed Prasad Kharel on April 25, 2000.

Conclusion

In a democratic society, press freedom is the most essential part, which guides freedom of expression and support democratic exercise. Without press freedom, the democracy can't exist. At the same time, the journalists need to write and report responsibly as a real educator in the society upholding the norms and values of democracy. In general, the fair journalism is considered as fourth organ of the state and can play a key role to ensure good governance. In practice, the press and journalists has been facing some troubles during their works. It is a fact that the press in Nepal is free in accordance with the country's constitution but there are still facing some hurdles created by the government, armed rebels and some members of civil society who don't have tolerance to take criticism by the media in a positive note.

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