BY KIRAN CHAPAGAIN

KATHMANDU, Nov 30 - In a landmark decision, the Supreme Court on Wednesday upheld people's right to information and ordered the government not to implement its October 2nd notice that prohibits broadcast of news-based programs by FM radio stations. Justices Min Bahadur Rayamajhi and Anup Raj Sharma issued the interim order against the government.
The justices said the order was issued in view of Article 16 of the Constitution and provisions in the National Broadcasting Act 1993. Article 16 guarantees people's right to information and the preamble to the Broadcasting Act allows broadcast of news. The order also says "there is no immediate adverse effect on the ministry from the broadcast of news." Following the order, many FM stations have resumed broadcasting news.

On October 2 this year, the Ministry of Information and Communication issued a notice to independent radio stations to air only "informative" (non-political) programs and warned of action in case of non-compliance. The notice was issued with reference to a provision in the Ordinance Amending Some Nepal Acts Relating to Media 2005. The provision prohibits broadcast of news by independent radio.

Today's order was issued in response to a writ petition filed by advocate Tulsi Ram Niroula in October. In the petition, Niroula had argued that the notice infringed on his constitutional right to information.

Advocates Subash Nemwang and Satish Krishna Kharel pleaded for the petitioner while government lawyer Brajesh Pyakurel pleaded on behalf of the defendant.

Kantipur FM resumes news

Kantipur FM resumed its news-based program Kantipur Diary, Wednesday, following the Supreme Court's interim order. The FM station had stopped the program on November 11 as the court had refused to issue an interim order to the government not to enforce the Media Ordinance.

"As the court issued an interim order to the government not to enforce its October-2 notice prohibiting broadcast of news, it is our obligation to obey the court," the radio said in a statement announcing the resumption of Kantipur Diary.

Meanwhile, Save Independent Radio Movement has urged all independent radio stations to resume broadcasting news and to respect the court order, said a statement from the movement today. (Nov 30, 05, The Kathmandu Post)