E-Kantipur

KATHMANDU, OCT 30 - A writ has moved the Supreme Court seeking immediate annulment of the Bilateral Investment Promotion and Protection Agreement (BIPPA) signed between Nepal and India on October 21.

The writ filed by advocate Balkrishna Neupane on Sunday argues that the agreement should be scrapped as is not in the larger interests of Nepal. The petitioner argues that the deal gives undue privileges to the Indian side, particularly on the use of "air space", and breaches existing laws on labour.

While the agreement mentions the "air space" of India, it does not mention that of Nepal, which, Neupane argues, is incorrect as Nepal seems not to have taken into account its own air space while signing the agreement. The deal, the writ contends, has given India the right of uninterrupted use of Nepali air space while Nepal clearly does not have such rights.

Similarly, the petitioner mentions that the term "republic" has been obliterated from the accord unlike in the case of India. This, Neupane affirms, might have happened either because India has not been able to take note of the changes--republican set up in Nepal--or the Nepali side could not clarify it to India.

Neupane has taken serious exception to the provision in the BIPPA that would allow Indian companies to bring in their own workers and staff. This will not create additional job opportunities, as envisaged, for the Nepalis but will have an opposite effect.

The deal is against Labour Act, which doesn't permit non-Nepalis to work, the writ argues. The petitioner has also challenged the compensatory provision in the agreement in case the Indian companies incur non-commercial losses.

Drawing parallel between the BIPPA and the Unified Mahakali Agreement (1996), the petitioner argues that the deal would not be in Nepal's interests and reminds the Maoist party of its past commitments to scrapping "unequal" treaties with India. Neupane also argues that the main reason for Indian companies not coming to Nepali is the Maoist party as it has been shutting down industries--including the Nepali ones--on various pretexts. The double taxation system prevalent between two countries, the writ points out, is another reason that hinders Indian investment in Nepal. 

The defendants in the petition include Prime Minister Baburam Bhattarai, Office of the Prime Minister, Minister for Foreign Affairs Narayan Kaji Shrestha, Ministry of Foreign Affairs, UCPN (Maoist) Parliamentary Party leader Pushpa Kamal Dahal, Minister for Industries Anil Jha, Ministry of Law and Justice, and Secretariat of the Legislature-Parliament.

Posted on: 2011-10-30 11:59

Post Your Comment

Please note that all the fields marked * are mandatory.
* Full Name
* Address
* Email Address
* Comment
* Captcha	Get another CAPTCHA code
Note:	Comments containing abusive words or slander shall not be published.