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Digital Rights Weekly/ Year 3 Issue 35

Aug 30, 2024
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Supreme Court Halts Implementation of Requiring National Identity Card for Public Services
The Supreme Court of Nepal has issued an interim order preventing the enforcement of government order that mandates the submission of a national identity card instead of a citizenship certificate to access government and non-government services. The order was issued by a joint bench of Justices Dr. Manoj Kumar Sharma and Til Prasad Shrestha.
The interim order suspends the requirement to submit a national identity card or national identity number in place of a Nepali citizenship certificate when seeking public services from government agencies, institutions, and the private sector. The court specifically stayed the use of the word “substitute” as written in the gazette, stating that the national identity card should not be made mandatory for accessing public services.
The court’s decision was based on concerns that enforcing this rule would deprive citizens of essential public services if they do not possess a national identity card, even if they have a valid Nepali citizenship certificate. The interim order will remain in effect until a final decision is reached on the matter.
The writ petition was filed by Advocate Ram Bahadur Raut against the Office of the Prime Minister and Council of Ministers and the Ministry of Home Affairs.
Youths Arrested for Criticizing Political Leaders, Released Later
Kailali police have arrested two youths from Dhangadhi for allegedly posting comments on Nepali Congress President Sher Bahadur Deuba and his wife, Minister for Foreign Affairs Arju Rana Deuba. Pratik Joshi and Rachit Shah were detained by the District Police Office on 27 August, accused of posting ‘status’ updates on Facebook. Rachit Shah criticized Deuba for his alleged inaction during his five terms as Prime Minister, his failure to address the Bhutanese refugee scandal involving a former Home Minister, and his support for appointing an individual accused in the Giribandhu scam as Prime Minister. The youths were handcuffed while being taken to the hospital for health check, and were released after few hours after signing an affidavit that they will not engage in anything disrupting public peace.
Similarly, Three youths, Gopi Ram Jaisi, Ram Bahadur Buda and Deepak Singh Thagunna, were arrested for chanting slogans against Prime Minister KP Sharma Oli and Nepali Congress President Sher Bahadur Deuba during the Gaura Festival in Kathmandu on 26 August. The arrest of the three youths sparked widespread criticism from the public and members of parliament, leading to their release on  30 August after posting bail of Rs 9,000 each.National Vigilance Center Website Hacked, Five Months of Data Lost
The website of the National Vigilance Center was hacked, resulting in the loss of five months’ worth of data from the Center’s property details registration system. A month ago, the website’s property details and monitoring section was compromised, with the hacker using the platform to promote an online gambling site.
The Center had issued a public notice on 16 July, asking for property details of the fiscal year 2080/81 BS to be submitted online, with a deadline of 13 September. However, sensitive information entered into the system was lost due to the hack, and employees are now being asked to re-enter the details. The Center’s website is still displaying a ‘Not Secure’ status, indicating that it remains highly risky. Websites marked as ‘Not Secure’ do not encrypt data, making it vulnerable to third-party access.

NTA Recommends Blacklisting of 2 TELCOs for Project Delays
The Nepal Telecommunication Authority (NTA), the regulatory body for the telecom sector, has recommended that the joint venture of United Telecom Limited (UTL) and Tele Infra Limited be blacklisted. The NTA has formally requested the Public Procurement Monitoring Office to take this action due to the companies’ failure to complete telecommunication infrastructure projects on time.

Telegram CEO Pavel Durov Arrested in France
On 25 August, Telegram CEO Pavel Durov was arrested at Le Bourget Airport in France as he disembarked from his private jet after returning from Baku, Azerbaijan. French authorities took him into custody over allegations that he failed to adequately monitor illegal activities on the popular messaging platform, Telegram. Durov spent four days in detention before being released on a 5 million euro bail, with the legal proceedings still ongoing. He has been ordered not to leave France.

Digital Rights Weekly is a week-based update on Digital Rights and ICT issues, that happened throughout the week, compiled and analyzed from the digital rights perspective by Digital Rights Nepal (DRN). DRN is a not-for-profit initiative dedicated to the protection and promotion of digital rights, including the right to online freedom of expression and association, online privacy, access to information, and related issues such as internet governance, cyber laws/policies, and cyber securities in Nepal.
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Digital Rights Nepal is a not-for-profit initiative dedicated to the protection and promotion of digital rights in Nepal.

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