FNCCI could face contempt of court

As it imposed the nationwide business shutdown on Tuesday in breach of the court order, the Federation of Nepalese Chamber of Commerce and Industry (FNCCI) could face contempt of court action, say lawyers.

Jyoti Baniya, general secretary of Consumers Forum, Nepal, had said that he would move the court demanding contempt of court action against FNCCI if the latter did not follow court orders to stop the strike.

"We have already prepared our papers and we will file the case today," said Tika Ram Bhattarai, a lawyer who is pleading on behalf of the Forum.

On Monday, the Patan Appellate Court, in response to a petition filed by Baniya, had ordered the FNCCI to stop its Tuesday's strike stating that it would infringe upon the rights of consumers and stand against Consumer Protection Act and Essential Services Act.

However, the FNCCI went ahead with its strike despite court order. "We have no intention of breaching the order by the respected court. We are organizing voluntary strike. Besides, we have not yet received the interim order by the court," claimed FNCCI president Chandi Raj Dhakal.

However, Bhattarai rejects Dhakal's claim that he did not receive court order. "Since they refused to accept the order, it was pasted in their office as per the law," Bhattarai said.

Added another advocate Kumar Regmi, "As the news of court order was so widely reported by mass media and as it concerned issue of national importance, the FNCCI cannot evade by saying it did not receive the formal copy of the order."

Bhattarai said his client would be demanding maximum penalty to the FNCCI leaders on the contempt of court action. "As per the law, the maximum penalty is of six months jail and fine," he said. nepalnews.com sd Oct 18 06