Dr. Baburam Bhattarai Stays On-Part 47

(Forming A New Government Under Chief Justice)
Siddhi B Ranjitkar

In giving their opinions on the formation of a new government under the sitting Chief Justice for holding elections to a new CA, Nepalese lawyers have been divided along political party lines. Some lawyers aligning to the ruling coalition say the sitting Chief Justice of the Supreme Court of Nepal could be the best alternative to head a new government for holding elections to a new CA in May 2013. However, other lawyers aligned to the opposition coalition say that the sitting justice could not hold any executive office. While members of the Nepal Bar Association went to the head of State President Dr Ram Baran Yadav to deliver a memorandum of the opposition to forming a new government under the justice. We have some lawyers that say the Interim Constitution has no provision for forming a new government under the Chief Justice; so, revival of the constitution of Nepal of 1990 was the best option. Some lawyers in the past had said that the revival of the constitution of Nepal of 1962 was the option for running the country. The question whether Nepalis could believe in such lawyers or not. Revival of the constitution of 1990 means the revival of the monarchy whereas the revival of the constitution of 1962 is the revival of the Panchayat.

After the proposal put forward by the UCPN-Maoist for forming a new government under the Chief Justice of the Supreme Court of Nepal for holding the elections to a new CA, the Nepalese lawyers in particular and the politicians in general have been in a heated debate on ‘yes or no’ to such a government. Politicians in general could say anything they like whether such things are right or wrong. Sometimes, they even don’t know what they are talking about. However, the misery is that the same politicians are running the country. So, we don’t know what is going to happen in the country after the one government goes and another comes in. Similarly, Nepalese lawyers also don’t care about what they are talking about. Some lawyers say that the formation of a new government under the Chief Justice goes against the Interim Constitution; others say that it is constitutional to form a government under the Chief Justice.

The head of state President Dr Ram Baran Yadav has been in confusion as the Nepalese people are whether forming a new government under the Chief Justice is constitutional or not. So, President Dr Yadav has been asking every political leader whether the government under the Chief Justice is constitutional or not. He gets the same answer as the Nepalese people are getting different answers from different people. For example, Chairman of CPN-Maoist Mohan Vaidhya told the president that he did not care about the constitutionality of forming a new government under the Chief Justice but he wouldn’t accept the decision made by the four major political parties such as UCPN-Maoist, UDMF, NC and CPN-UML but demanded to call a round-table meeting to resolve the political problems. However, Chairman of UCPN-Maoist Prachanda, and Prime Minister Dr Baburam Bhattarai urged the president to form a new government under the sitting Chief Justice as the man would be the politically unbiased and would hold elections to a new CA impartially. Whereas President of NC Sushil Koirala and his colleagues such as senior leader Sher Bahadur Deuba have been telling the head of state President Yadav directly or through the media that the president should immediately fire the current government and form a new government under NC President Sushil Koirala. They did not care about the constitutionality but of having power without considering the consequences of such actions of the head of state.

Former Registrar of the Supreme Court of Nepal Shree Prasad Pandit has clearly stated in his online article in the Nepalese language posted on Onlinekhabar.com on February 11. 2013 that the head of state has no right to set the deadline for forming a new government, and has no rights to tell the politicians anything concerning the state affairs. According to Registrar Pandit, the President is not the guardian of the constitution as some politicians like to call him, and they incite the president to involve in the political matters going beyond the constitutional provisions. The head of state could do only following the recommendations made by the prime minister.

Members of the Nepal Bar Association submitted a memorandum of protesting the formation of a new government under the sitting Chief Justice to the head of state President Dr Ram Baran Yadav as they say that it goes against the Interim Constitution of Nepal. They even said that they were surprised to note that even the opposition parties had nodded to forming a government under the Chief Justice. Nepal Bar Association is the association of the lawyers but most of them were divided along the political parties. Most of the lawyers kept their political belief above the rule of law. They tried to bend and interpret the provisions made in the constitution to suit their political ideology. They were not concerned with the rule of law but with the political parties.

Some members of the UDMF have opposed the formation of a new government under the Chief Justice but most of them have remained silent on this matter. Some of them have even claimed that now is their turn for forming a new government. The UCPN-Maoist were willing to support the members of the UDMF claiming the formation of a new government but the opposition parties such as NC and CPN-UML were not even like to listen to this matter. Some members of the UDMF said that they were ready to support the president of NC to head a new government but he had to agree on the federalism and federal states they had been asking for.

The CPN-UML leaders have not made up their mind to form a new government under the sitting Chief Justice. Some of them were for it while others bitterly opposed it. They needed to form a single opinion on the formation of a new government under the Chief Justice. They could not form a single opinion of all leaders on the formation of a new government, as most of the CPN-UML leaders have lost their ideological beliefs, and have followed the path of opportunism. Most of them were ready to grab any opportunity whenever it arises disregarding their political belief. Take the example of Madhav Nepal that had submitted his application for a position of prime minister to the then king Gyanendra humbling his party.

The NC leaders also have had different opinions on forming a new government under the Chief Justice. Some of them have hinted that they might agree on forming a new government under the Chief Justice; others have vehemently opposed it, and they demanded to form a new government under NC President Sushil Koirala that had blamed both the UCPN-Maoist, and UDMF leaders for being authoritarian, and warned them of taking them to the status of former prime ministers Ranas and former king Gyanendra. However, he was not concerned about what was his status and what would be the status of his party if his colleagues and he did not stand firmly on the political ideology but just became the opportunists.

One thing anybody simply reading the Interim Constitution of Nepal of 2007 finds out that any amendment to the constitution could be made by the consensus of all political parties. So, if all political agree on forming a new government under the Chief Justice, they could amend the constitution to open the way to the Chief Justice to take over from Prime minister Dr Bhattarai. Then, nobody could say that forming a government under the Chief Justice would influence the judiciary.

Leaders of the four major political forces such as UCPN-Maoist, NC, CPN-UML and UDMF have not been able to build a consensus on forming a new government for holding elections in May or June but they have formed an eight-member taskforce to build a consensus on various contentious issue, and submit their report to the meeting of the four major political force to be held at the office of the head of state president Dr Yadav on February 17, 2013 at 2:00 pm.

The legal practitioners have been divided over the new proposal floated by the UCPN-Maoist for the formation of a new government under the sitting Chief Justice (CJ) for holding the elections to a new Constituent Assembly (CA). The legal practitioners close to opposition parties said that the Interim Constitution of Nepal of 2007 has no provision for forming a government headed by the former and sitting CJ while legal practitioners close to ruling UCPN-Maoist favored the CJ-led government. They reasoned, "Article 106 (1) of the Interim Constitution of Nepal-2063 BS has clearly mentioned that the Chief Justice or Judges of the Supreme Court shall not be engaged in or deputed to any other assignment except that of a Judge. And the article 106 (2) has stated that any person who has once held the office of Chief Justice or Judge of the Supreme Court shall not be eligible for appointment in any Government Service, except for the post as provided by sub-clause (a) of clause (1) of Article 131, nor shall s/he be entitled to practice law before any court. " They also accused that the proposal was floated to destabilize the rule of law and challenge the independence of judiciary. (Source: Gorkhapatraonline.com, February 9, 2013)
 
Speaking at an interaction event held by the Reporters' Club in Kathmandu on February 9, 2013, senior advocate Harihar Dahal said the Interim Constitution of Nepal-2063 has not stated forming a government under the leadership of the CJ or Judge. He claimed, "This is just a reason to weaken the judiciary." He also asked CJ Khila Raj Regmi's reaction to the issue after the country's largest and ruling party's general convention endorsed the decision on forming a CJ-led election government. Similarly, another senior advocate Bishwa Kanta Mainali said the judges should not be dragged into controversy, as the political parties themselves were capable of handling the country's top executive post. However, another senior advocate Raman Shrestha reasoned that the constitution has not barred from forming a government under the sitting or former CJ. (Source: Grokhapatraonline.com, February 9, 2013)

Speaking at an event held in Chitwan before returning to Kathmandu on February 9, 2013 a day after the completion of the seventh general convention of his party in Hetauda, Chairman of UCPN-Maoist Prachanda said that the recent proposal for forming an election government under the Supreme Court chief justice made during the seventh national convention in Hetauda would do magic to bring all parties to a common ground. “Though the opposition parties do not seem to have accepted our proposal so far‚ the top leaders haven’t out rightly rejected it either. When they aren’t ready to pick a political or an independent person as the prime minister; how can they not agree on this option?” said Chairman Prachanda. He went on to add‚ “To discuss on the proposal all leaders of the major political parties along with the President are meeting today. I’m sure the meeting itself will secure consensus on our recent proposal‚” he said. Chairman Prachanda cited the example of Bangladesh and argued a chief justice-led government could be the final and suitable option to end the national crisis. “There are various examples of such governments across the world and recently we had an example in Bangladesh‚” he added. (HIMALAYAN NEWS SERVICE, February 9, 2013)

Inaugurating the Patanjali Pran Yoga Science Camp held in Bhawanipur‚ Saptari‚ Industry Minister Anil Kumar Jha ruled out the possibility of forming an election government under the leadership of sitting chief justice of the Supreme Court. Jha said‚ “Even Prime Minister Baburam Bhattarai was not in favor of forming an elected government-led by an incumbent chief justice‚” adding‚ “Madhes-based parties are against the proposal floated by UCPN-Maoists Chairman Prachanda.” Jha called on the opposition parties to join Bhattarai-led government and hold election to a new Constituent Assembly. (Source: HIMALAYAN NEWS SERVICE, February 9, 2013)

Speaking at a press meet held by the Gorkha Press Union in Gorkha on February 9, 2013‚ NC central member Ram Sharan Mahat said the UCPN-Maoist’s proposal to form an election government led by the chief justice of the Supreme Court was not acceptable to his party. Mahat said‚ “Judiciary and legislature are two different bodies with distinctive areas of jurisdictions‚ therefore the NC cannot support this proposal‚” adding‚ “In fact‚ the UCPN-Maoist’s proposal is just a recipe for a new debate in the country since it will be certainly a wrong step to entrust the executive powers to judiciary.” “We are passing through an embarrassing circumstance not even envisioned by the constitution. So in view of this unprecedented crisis‚ the President has to take some special measures for holding election without further delay‚” he said. (Source: HIMALAYAN NEWS SERVICE, February 9, 2013)

Speaking at an event held at his party headquarters in Balkhu on February 9, 2013, Chairman of CPN-UML Jhalanath Khanal said that the proposal of the UCPN-Maoist to form an election government led by the Chief Justice was meant to achieve authoritarian goals. Chairman Khanal said that the Maoists had claimed that they would come up with a new proposal for a consensus, but went back to their old position. He also claimed that the ongoing street protests of the opposition parties would defeat the Maoists' authoritarianism. Saying that two political tendencies exist in the country: democratic and "national defeatist authoritarian; the Maoist-led government represents the latter. (Source: Nepalnews.com, February 9, 2013)

Giving a twist to his party’s decision proposing Chief Justice Khila Raj Regmi as a Prime Minister, Chairman UCPN-Maoist Prachanda on February 10, 2013 told a meeting of four major parties that his party was open to an alternative candidate for a new government. Calling it a ‘magic formula’ to end the political impasse, Chairman Prachanda on Thursday, February 7, 2013 had proposed CJ Regmi as a prime ministerial candidate at the closed session of the UCPN-Maoist national convention in Hetauda. Informing about the decision endorsed by the convention, spokesman for UCPN-Maoist Agni Sapkota had briefed the media that the Interim Constitution could be amended to clear the way for a chief justice-led government as per the party’s proposal. “The media reported it wrongly. Any proposal had been neither floated at the convention nor endorsed. I had given CJ Regmi’s name only as one among different alternatives. We are ready to talk about alternatives such as any independent person, former justice of the Supreme Court and sitting Chief Justice Regmi as well. However, it is not true that Regmi is our only candidate,” said Chairman Prachanda at the four-party meeting called by President Dr Ram Baran Yadav at the latter’s office in Shital Niwas on Sunday evening, February 10, 2013. “The President has given us two days, so we will find consensus by Monday evening,” Chairman Prachanda said. (Source: thehimalayantimes.com, February 10, 2013)

“The way the proposal was floated has created controversy. As the judiciary is a sensitive body and the executive and judiciary are two separate independent entities, the Maoists brought the proposal in a wrong way,” said CPN-UML leader KP Oli. He said a sitting CJ could not be given responsibility of executive chief as per the law. “Even if he is to be given that responsibility, he should resign first. Once, he resigns he becomes former CJ,” he said adding that the existing law did not allow the appointment of SC justices in an executive post. “We are not saying there is no alternative to Nepali Congress President Sushil Koirala. But, the Maoists should also make it clear to us why they reject him,” CPN-UML leader Oli said. (Source: thehimalayantimes.com, February 10, 2013)

Addressing an interaction event in Kathmandu on February 10, 2013, Senior Advocate Harihar Dahal: one of the members of drafting the Interim Constitution criticized Chief Justice Khila Raj Regmi for keeping quiet on the UCPN-Maoist proposal for forming a new government under him. Senior Advocate Dahal said that the chief justice’s silence on the proposal was not being received positively. “A political party has passed a proposal in its general convention for formation of a new government under the chief justice, therefore he has an obligation to clarify whether he accepts or rejects the offer.” “Appointing an SC justice as Prime Minister might tempt judges to look for political opportunities, which will be bad for independence of the judiciary,” Senior Advocate Dahal said, “The Interim Constitution does not allow a judge to become a Prime Minister.” (Source: HIMALAYAN NEWS SERVICE. February 10, 2013)

Senior Advocate Balkrishna Neupane said if constitution is followed, fresh elections cannot be held under the current constitution. “There is no provision for fresh elections in the Interim Constitution. We will have to revive the constitution of 1990 to hold elections,” he added. Article 106 of the Interim Constitution, he argued, bars the chief justice from assuming any duty, other than a judicial one. “The chief justice, who is also chief of the Judicial Council, has failed to appoint a judge in the last three years. How can he appoint new ministers in his Cabinet?” Senior Advocate Neupane wondered. (Source: HIMALAYAN NEWS SERVICE. February 10, 2013)

Advocate Raman Kumar Shrestha said that reviving the constitution of 1990 would not only be an unconstitutional act, but also a regressive step as the previous constitution had already been repealed by Article 167 of the current constitution. Advocate Shrestha said constitutional amendments were necessary to appoint the chief justice as Prime Minister. “Constitutional amendments are necessary whether a new government is formed under the chief justice or anybody else. Those who are against an amendment should be ready to hold fresh polls under Baburam Bhattarai’s government,” he argued. (Source: HIMALAYAN NEWS SERVICE. February 10, 2013)

Former president of Nepal Bar Association Bishwa Kant Mainali said that an amendment to the constitution was not possible in the absence of Parliament. He further argued that only under Article 38 (1) of the constitution can a new government be formed under a political leader, and therefore, there was no possibility of a new government under the chief justice. “We do not need to amend the constitution to hold fresh Constituent Assembly elections. We will only have to amend election laws to hold fresh elections,” Former president Mainali added. (Source: HIMALAYAN NEWS SERVICE. February 10, 2013)

President Ram Baran Yadav has said that the lack of an agreement among the political parties to find a common candidate to lead a national unity government has put the prospects of holding elections in May this year in jeopardy. During a meeting with top leaders of the ruling UCPN-Maoist and UDMF, and the opposition NC and CPN-UML on Saturday, February 9, 2013, the head of state has reiterated that there is no alternative to a consensus on holding elections in May and break the protracted political deadlock facing the country. He called upon political parties to pick a consensus candidate to lead a national consensus government at the earliest as the elections need to be held in May at any cost to ensure the much-awaited new constitution. (Source: nepalnews.com, February 10, 2013)

Nepal Bar Association (NBA) and constitutional experts on Monday, February 11, 2013 formally urged President Dr. Ram Baran Yadav not to appoint chief justice Khila Raj Regmi as a new Prime Minister. Chairman of NBA Hari Krishna Karki, vice-chairman Tikaram Bhattarai, general secretary Sunil Pokharel, drafters of interim constitution Harihar Dahal and Shambhu Thapa and constitutional expert Dr. Bhimarjun Acharya reached Shital Niwas and urged the President to stop the process of appointing sitting CJ as the new PM. They informed the President about the constitutional provision for the appointment of Prime Minister. During the meeting, President Yadav said that the political parties had not yet approached him with the proposal for appointing the CJ as the new PM. After the meeting, NBA chairman Karki informed the journalists that the President would again consult them if the parties came up with the very proposal. (Source: Gorkhapataonline.com, February 11, 2013; Gorkhapatraonline.com February 12, 2013)

Speaking at an interaction event held by Disa Nirdesh Press Club in Kathmandu on Monday, February 11, 2013, Former speaker and chairperson of now defunct Constituent Assembly Subash Nemwang has said that formation of an election government under the leadership of the incumbent Chief Justice would be in direct violation of the interim constitution. The former speaker said that the constitution has made it explicitly clear that the Chief Justice and judges should not be given any other responsibilities other than those related to judiciary and legal field. “So much so that the constitution has clearly stated that the former Chief Justices and judges can only become the head of National Human Rights Commission. A former head of the judiciary cannot become the head of the executive on constitutional grounds,” he said. (Source: nepalnews.com, February 12, 2013)

Speaking at a rally held by the UCPN-Maoist in Kathmandu on February 12, 2013 on the occasion of the 18th People's Revolution Day and the Seventh Unite General Convention Publicity Meeting, Prime Minister Dr. Baburam Bhattarai claimed that a Chief Justice-led government would be as per the interim constitution. The Prime Minister also the vice-chairman of the ruling UCPN-Maoist said that he was ready to discuss the interim constitution with the advocates, and added, “Formation of the new election government under the chief justice was constitutional.” (Source: Gorkhapatraonline.com, February 12, 2013)

Chairman of UCPN-Maoist Prachanda said that the interim constitution allowed forming a new government under the chief justice when the country was in a critical situation. He added, “If all parties are ready to hold the CA election in April or May, we are prepared to form the new government under the chief justice.” (Source: Gorkhapatraonline.com, February 12, 2013)

The CPN-UML Central Committee (CC) informal meeting held on February 12, 2013 concluded that the nation could not go for the fresh Constituent Assembly (CA) election under a government led by the Chief Justice. The CPN-UML said that having the same person as the Chief of the Judiciary, the Legislature and the Executive would be against the theory of separation of power. The CPN-UML meeting held at party central office at Balkhu said that the party was against the government led by the Chief Justice. (Source: Gorkhapatraonline.com, February 12, 2013)

Addressing the tea reception held at Bhrikuti Mandap to mark the 18th people’s war day on February 12, 2013, Chairman of CPN-Maoist Mohan Vaidhya said that his party would oppose all decisions including the formation of an election government made by four parties. Chairman Vaidhya said, “Four parties alone cannot give a way out to the nation’s impending crisis. We will strongly oppose their decisions, come what may.” Chairman Vaidhya termed the ongoing efforts of the four ‘failed’ forces for forging a consensus as futile claiming that the new constitution was impossible unless the parties admit their mistakes and seek self-criticism. (Source: thehimalayantims.com, February 12, 2013)

Chairman of CPN-Maoist Mohan Bawdy called on President Dr Ram Baran Yadav on Wednesday, February 13, 2013 and informed the latter that proposal to constitute an election government under the leadership of Chief Justice was not acceptable to his party. During the meeting that took place at the Office of President, Shital Niwas, Chairman Bawdy underlined the need for seeking a prime ministerial candidate from among the political parties. On the occasion, the President sought the party's views about the proposal to form an election government under the leadership of CJ, party secretary Dev Prasad Gurung told the RSS after the meeting. Dev Prasad Gurung also was present in the meeting. In response, Chairman Bawdy said the proposal was just intended to take the country toward dictatorship and draw judiciary into controversy, according to Gurung. "The core intention of the proposal is just for continuing the incumbent government and other alternatives could be discussed only after the resignation of prime Minister", Gurung quoted Chairman Bawdy as saying. A round-table conference was the best alternative to finding a way out to the nation from the existing political crisis, Chairman Bawdy told the President, adding that the nation would plunge into fascism if judiciary and executive posts were held by a single person when there was no parliament. Source: RSS/thehimalayantimes.com, February 13, 2013)

Some legal experts including the Attorney General on February 13, 2013 advised Prime Minister Baburam Bhattarai that a sitting chief justice could be appointed as a Prime Minister to hold CA elections with a clear terms of reference. “This is a rare situation so he can be appointed PM of an election government,” constitutional law expert Purnaman Shakya said after a meeting with the PM. He also suggested that the PM to give clear terms of reference though this must be preceded by a political consensus. According to him, Article 106 (1) and (2) of the constitution does not bar appointment of CJ as PM as it only prohibits deputation of judges to non-judicial positions. “Investing executive power does not fall under such a category,” Shakya interpreted. He however, advised that such a precedent should not be repeated because it is a necessary evil of the hour. Stating that the parties had failed to give a government, Shakya said this could be the best option for rescuing the country from the current impasse. He however cautioned that if the parties could not forge a consensus the proposal might lose its significance. “Presidential order will be required to remove constitutional hurdles for formation of a new government. Therefore, political consensus is a must,” he added. Senior advocates Ram Nath Mainali, Purnaman Shakya and Attorney General Mukti Narayan Pradhan and former Secretary General of Nepal Bar Association Raman Kumar Shrestha spent one and a half hours at Baluwatar discussing the issue. “Since it is a matter of national concern, Article 106 cannot prevent the CJ’s appointment as PM,” Shrestha said. Shrestha said the best option was to continue the Bhattarai’s government until the elections, but if the parties could not forge a consensus on it, then, the CJ-led government would be the option.  Attorney General Pradhan said Article 106 had to be amended with clear provision for handing executive power to the CJ-led government to hold elections. “This task is not only related with Article 106 but with the formation of a government with entire executive authority so there is no question of Article 106,” Pradhan said, adding, “Since the parties are divided on government formation, this seems the best option.” (Source: HIMALAYAN NEWS SERVICE, February 13, 2013)

On February 13, 2013, the NC decided not to accept the sitting chief justice (CJ) as the head of the election government. A central working committee meeting of the main opposition party made this decision, rejecting the UCPN-Maoist proposal as a dubious one. The NC maintained its earlier stand on making party president Sushil Koirala as the consensus prime minister. However, it said NC would keep all options open to hold the elections in May by forming a consensus government. During the two-day meeting, most central members argued that the UCPN-Maoist could change its position if the NC accepted its recent proposal to appoint the sitting CJ as the executive chief, which, however, was in breach of the interim constitution, and it would endanger the principles of the independence of the judiciary, separation of power, constitutionalism and multi-party democracy system. Few CWC members defended the UCPN-Maoist proposal. (Source: Gorkhapatraonline.com, February 14, 2013)

The meeting of four political parties such as UCPN-Maoist, UDMF, NC, and CPN-UML at Shital Niwas official residence of the head of state was held on Thursday, February 14, 2013 to break the current political and constitutional deadlock. Coming out of the meeting, UDMF Coordinator and Deputy Prime Minister Bijaya Kumar Gachhadar said that the UDMF and UCPN-Maoist put the stress on the possibility of elections only after forming an election mechanism under the chairmanship of chief justice or through any other model to hold elections in mid-May. He said that firstly an agreement should be reached in principle whether or not the government should be formed under the leadership of the chief justice and added that after that discussions would be held on other issues. (Source: THT ONLINE, February 14, 2013)

Speaking at the foundation-stone-laying ceremony of the Jain Terapanth Building held in Biratnagar on February 14, 2013, Prime Minister Dr. Baburam Bhattarai said that the formation of a government under the leadership of incumbent chief justice (CJ) was the best alternative to hold fresh Constituent Assembly (CA) elections. Prime Minister Dr. Bhattarai said that the government leadership under the sitting CJ would be suitable, objective and within the legal parameters. “The only alternative to current legitimate government elected by the parliament is a government under the leadership of incumbent CJ,” he said, and expressed his hope that the political parties would be able to come to consent within a couple of days to end the current political impasse. Prime Minister Dr. Bhattarai said that the incumbent CJ as a representative of the independent court would be an ideal option in the current circumstances. (Source: Gorkhapatraonline.com, February 14, 2013)

The CPN-UML has called an emergency party Central Committee meeting to be held on Friday, February 15, 2013 after the top leaders of the party failed to decide whether to support the Chief Justice-led election government or not. The meeting of the party Standing Committee held on February 14, 2013 at party’s central office, Balkhu, decided to call an emergency CC meet which, the party claimed, was called to sort out the difference among the leaders concerning the formation of an election government and Maoist proposal for the CJ led government. “An emergency party CC meet has been called for tomorrow to seek suggestions from the CC members regarding the formation of the next election government as the standing committee members could not make any conclusions in this matter today,” a leader of the CPN-UML said. (Source: THT ONLINE, February 14, 2013)

Members of civil society have strongly opposed the proposal for an election government led by Chief Justice Khila Raj Regmi saying it goes against the independence of the judiciary and violates the Interim Constitution. Former Speaker Daman Nath Dhungana‚ former Election Commissioner Birendra Mishra and human rights activists Charan Prasai‚ Kanak Mani Dixit and Sushil Pyakurel opposed the proposal on February 14, 2013. “The person who holds the highest post related to transitional justice dispensation and maintaining rule of law cannot be made Prime Minister. It is against the Interim Constitution‚ against the independence of the judiciary and against human rights. It also threatens the dignity of the judiciary‚ so we urge parties to take a wise decision‚” said civil society leaders in a joint statement. (Source: HIMALAYAN NEWS SERVICE, February 14, 2013)

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