Myrepublica.com has uncovered at least one occasion when China has tried to influence the Supreme Court where a case of Chinese interest was being considered.
On September 17, 2007, Chinese embassy wrote a letter directly to the Supreme Court, asking the latter to pass a verdict in its favor in a case related to the closure of an NGO working for Tibetan refugees.
In the letter, which is in possession of myrepublica.com, the embassy asked the apex court to uphold the closure of Bhota Society by Kathmandu District Administration on October 30, 2006. The embassy considered that the NGO was linked to Dalai Lama, the exiled Tibetan spiritual leader.
“The Chinese side sincerely hopes that the Supreme Court of Nepal would adhere to the right stance and principles adopted by the Government of Nepal, extend concrete support to the Chinese Government and together with the Chinese side …”, reads the letter.
The letter was sent directly to the Supreme Court and its copies were sent to the Ministry of Home Affairs and Ministry of Foreign Affairs.
A senior official at the Ministry of Foreign Affairs points out two main problems with the letter. First, it was sent directly to the Supreme Court, something not permitted by diplomatic norms. Second, the letter aimed at influencing the judiciary.
Besides, writing a letter to a court seeking a desired verdict in a subjudice case is considered an offense subject to contempt of court.
In the same lawsuit, a Chinese company had approached a lawyer of the NGO not to plead on behalf of the NGO. “The company offered me to work as its legal advisor if I did not defend the NGO,” said one of the lawyers involved in the case.
A division bench of Justice Ram Prasad Shrestha and Tahir Ali Ansari upheld the closure of the NGO.
It was not the first instance China had tried to influence the court. In habeas corpus petitions of two people booked for protest against China in front of Chinese embassy in July 2008, Chinese officials had consulted Home Ministry officials about writing a similar letter. But the Chinese official this time refrained from sending the letter after a home ministry official protested, said a senior Home Ministry official on condition of anonymity. The protesters were released by the court later.
Interestingly, Chinese embassy had even given felicitation letters for then CDOs and district police chiefs in Kathmandu and Bhaktapur for thwarting Tibetan protests last year.
In another instance, the last Chinese ambassador to Nepal, Zheng Xiangling, in a clear breach of diplomatic norms, had questioned the handling of Tibetan protesters last year.
Addressing a function organized by Reporters´ Club Nepal on May 12, 2008, Zheng had expressed his resentment to the Nepali establishment by saying “the pro-Tibet protesters are arrested by the Nepali police; however, are released the other moment. This is surprising.” The former envoy´s remarks had come despite Nepal Police personnel´s severe handling including kicking and beatings of protesters which drew condemnation from the western countries.
kiran@myrepublica.com
koshraj@myrepublica.com
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