Dr. Baburam Bhattarai Stays On-Part 48

(Agenda Of Forming A Government Under Chief Justice)
Siddhi B Ranjitkar

Chairman of UCPN-Maoist had floated the idea of forming a government under the serving Chief Justice at the Seventh National Convention of his party held in Hetauda recently, and got the idea endorsed by the convention whereas President of NC Sushil Koirala had failed even in consulting with the Central Working Committee members even though Mr. Koirala repeatedly claimed to be the leader of the democratic party. However, later on, Mr. Koirala said that forming a new government under the Chief Justice was the agenda of his party but that was not the end of the story; he then disclosed that the international community in Kathmandu had put pressure on the top leaders to form a government under the Chief Justice. Similarly, Chairman of CPN-UML Jhalanath Khanal was not whole-heartedly supporting a government under the Chief Justice; his colleagues had been openly opposing the formation of a government under the Chief Justice. Senior leader of NC Sher Bahadur Deuba told that he had agreed on forming a government under the Chief Justice just to topple the current government.

The first news of forming a government under the chief Justice came from the Seventh General Convention of the UCPN-Maoist held in Hetauda from February 2 to February 8, 2013. The news was that Chairman of UCPN-Maoist Prachanda proposed the formation of a new government under the Chief justice for holding elections to a new CA, as the top political leaders could not build a consensus on a common candidate for a government; the convention unanimously endorsed it. This news provoked strong reaction in the Nepalese media. Politicians, semi-politicians and lawyers, and journalists rushed to comment on the idea of Chairman Prachanda forming a new government under the Chief Justice. The media had been full of such comments that Chairman Prachanda needed to tell the public, “I had simply floated the idea; nothing else.”

The leaders of the UCPN-Maoist, NC, CPN-UML and UDMF at the meeting held at the official residence of the head of state President Dr Ram Baran Yadav on February 18, 2013 agreed on forming a new government led by the serving Chief Justice of the Supreme Court of Nepal. Then, they set up an eight-member taskforce: two each from the four parties to prepare a draft report on agreeing on the contentious issues before forming a new government headed by the Chief Justice.

The idea of forming a new government under the Chief Justice is perfectly appropriate to break the current political stalemate. Head of state President Dr Ram Baran Yadav had spent time and energy on making the political leaders build a consensus on a common candidate for a new government but the political leaders have been so adamant that they did not want to move even slightly from their stand on the various contentious issues. Consequently, neither the deadlines set by President Yadav for forming a new government had worked nor the so many meetings of all the major political leaders worked for building a consensus on a new government. Ultimately, the idea of forming a new government under the Chief Justice came into a scene. The idea was perfectly appropriate because none of the losers in the elections would have any chance of claiming that the government had rigged the elections. Thus, the Chief Justice is the perfect referee for holding impartial elections to a new CA.

The smartest opponents of the government headed by the Chief Justice had been the members of the Nepal Bar Association (NBA). They believed that they were the experts on the constitutional matters. That might be right but they also needed to know that the Interim Constitution of Nepal of 2007 had made the four major political parties such as UCPN-Maoist, NC, CPN-UML and UDMF altogether holding more than two-thirds majority in the past CA could build a consensus on the contentious matters and move the country forward. So, once, they agreed on something then that could become part of the constitutional provision. That was what the NBA missed.

President of NC Sushil Koirala claimed that forming a government presided over by the serving Chief Justice of the Supreme Court of Nepal was the agenda of his party. For the common folks on the streets, it meant the NC must have passed it before its President Koirala gave a nod to other top leaders of the remaining three political parties such as UCPN-Maoist, UDMF and CPN-UML. However, it was not clearly so, as the second-generation leaders of the NC came out vehemently against a government presided over by the Chief Justice. In addition, the younger generation leaders claimed that 80% of the Central Working Committee members had opposed the formation of a government led by the Chief Justice but the president had bullied the majority opinions and agreed on forming a new government. That was the dictatorial act of the President of the Democratic Party. One of the Central Working Committee members Pradip Giri even said that anybody getting elected to the president of his party could think of doing whatever s/he wanted to do; s/he did not need to respect the majority opinions. That was how the constitution of the NC was designed for.

After sometime, President of NC Sushil Koirala told the public that the members of the diplomatic missions in Kathmandu and the head of state President Dr Ram Baran Yadav had imposed the idea of forming a new government under the Chief Justice. He carelessly told that the members of the diplomatic missions had threatened the Nepalese leaders to divert all the aid money from Nepal to other countries in Latin America and Africa if the Nepalese leaders were not to agree on setting up a new government under the Chief Justice. The diplomatic missions had so far not refuted what Koirala had told the public but it was hard to believe that they would do so, as most of the aid money were intended to the poor not to the political parties, not even to the government. So, they knew that if they stopped the flow of the foreign assistance to Nepal then the poor would suffer not the leaders of the political parties. Thus, the foreign assistance had nothing to do with the formation of a new government.

Through a statement issued by the Supreme Court of Nepal on February 25, 2013, the Chief Justice had finally accepted the offer of the four major political parties such as UCPN-Maoist, NC, CPN-UML and UDMF to preside over a new government stating even though he had no personal ambition to be the head of the executive but to hold elections to a new CA for breaking the protracted political and constitutional deadlock in the country. The Chief Justice had remained non-committal to lead a new government for holding elections for some time, as majority of the second-generation leaders of the NC, and even senior leaders of the CPN-UML had been opposing such a government. In addition, the Chief Justice was not sure that the elections could be held in June this year. Some political parties including the CPN-Maoist-Vaidhya had threatened to boycott the elections held by the government presided over by the Chief Justice. They were against forming a new government under the Chief justice. Some members of the diplomatic missions went to see the leaders of the CPN-Maoist headed by Chairman Mohan Vaidhya to convince them of the need for participating in such elections but they were adamant that they were not going to take part in such elections according to the spokeswoman for the party.

The four major political parties welcomed the acceptance of presiding over a new government by the Chief Justice. Then, the political leaders needed to sort out the legal and constitutional problems of forming a new government. The UCPN-Maoist and the UDMF wanted to pass the proposal for setting up a Truth and Reconciliation Commission, and the citizenship certificates of the people in the Madhesh but the NC and CPN-UML leaders were not for agreeing the proposal for the Truth and Reconciliation Commission as proposed by the UCPN-Maoist and the citizenship certificate as proposed by the UDMF. If these things were not clear off then they might pose the problem of forming a new government.

At an informal meeting held at the residence of the President of NC Sushil Koirala in Kathmandu, NC leaders agreed on not forming a government under the Chief Justice until the Supreme Court of Nepal give its verdict on the writ filed at it against the formation of a new government presided over by the Chief Justice. The Supreme Court had decided to hold the hearing on this writ at the full bench. One of the civil society members had filed a writ at the Supreme Court of Nepal against forming a new government under the Chief Justice. So, the political leaders have to wait the ruling of the Supreme Court of Nepal before making the Chief Justice a prime minister.

Some of the leaders of the NC and CPN-UML had been recently telling the public that they had been opting for a new government presided over by the Chief justice just to topple the current government. Their intention was clear that they were not for forming an impartial new government to hold elections to a new CA to break the protracted political deadlock but to end the current government. These guys were not sincere to their political belief, as they wanted power rather than institutionalizing the democratic system in the country.

The NC central leaders on February 17, 2013 asked the party leadership not to agree on the UCPN-Maoist proposal for appointing the sitting chief justice to lead the election government. They argued that it could undermine the independence of judiciary, democracy and separation of power. At an informal meeting held in the presence of party president Sushil Koirala, they argued that forming a government under the leadership of the sitting chief justice would be harmful. They demanded that Khil Raj Regmi should resign from the office of the chief justice to accept the government leadership. After the meeting, spokesman for the party Dilendra Badu informed that the CWC meeting of the party entrusted the responsibility to the top leaders to agree on only such decisions that respected democracy, separation of power and independency of judiciary. (Source: Gorkhapatraonline.com, February 17, 2013)

NC top leaders and Central Working Committee members on February 17, 2013 reached an agreement that they would not compromise on the principle of separation of powers while appointing Chief Justice Khil Raj Regmi as the executive head of the election government. In an informal meeting held at party President Sushil Koirala’s residence in Maharajgunj‚ the CWC members suggested a number of constitutional hurdles that are likely to crop up when the CJ is appointed as the chief executive. CWC member Pushpa Bhusal said‚ “We urged party president to address the sticking points first before taking any decision.” Both the prime minister and chief justice represent the Constitutional Council‚ which makes appointments in the constitutional body‚ she said‚ adding‚ “What would be the CJ Regmi’s role if he becomes the chief executive without tendering resignation?” She went on to say many constitutional provisions should be amended to maintain checks and balances and principle of separation of powers, as there are a number of constitutional provisions, which contradict with such values while appointing him as chief executive. While the Article 38 (1) of the Interim Constitution of Nepal of 2007 talks about forming a consensus government on the basis of political consensus‚ Article 43 talks about running the government on the basis of political consensus. Similarly‚ Article 106 says that a Supreme Court judge cannot be appointed to any post of benefit‚ she said‚ adding how can Regmi‚ who would hold both the positions of CJ and chief executive‚ should be settled before his appointment‚ she said. Some CWC members including Shekhar Koirala had criticized the party leadership for taking the decision in an inappropriate way‚ sources said. Koirala‚ according to sources‚ had blamed the party leadership and negotiators of making the party failed. Meanwhile‚ CWC member Gagan Thapa‚ in an emailed press statement criticized the party leaders for accepting the CJ’s leadership in the government. He demanded a ‘mahasamiti’ meeting be called in the party to correct the ‘blunder’ made in the course of dealing with other parties regarding the government formation. (Source: HIMALAYAN NEWS SERVICE, February 17, 2013)

A writ petition was filed at the Supreme Court on February 17, 2013 seeking a stay order against the possible appointment of Chief Justice Khil Raj Regmi to the post of prime minister to hold elections to the Constituent Assembly. Hindu activist Bharat Jangham filed the petition seeking intervention of the apex court to prevent Regmi from holding the post of chief executive‚ which is against the rule of law‚ independence of judiciary and against the principle of separation of power and checks and balances. The apex court accepted Jangham’s petition. Jangham claimed that articles 100‚ 104‚ 106 and 112 of the Interim Constitution do not allow the CJ to be deputed to the post of PM as it would go against the independence of the judiciary and rule of law. The Office of the President‚ Nepal government‚ Prime Minister Baburam Bhattarai and UCPN-Maoist Chairman Prachanda have been named defendants by the petitioner. (Source: HIMALAYAN NEWS SERVICE, February 17, 2013)

Speaking at the cadres training session in Dharan of the Sunsari district on Sunday, February 17, 2013, Chairman of CPN-Maoist Mohan Vaidhya warned of bloodshed in the nation if the Chief Justice were to be appointed as the prime minister. He said that his party would not accept the proposal floated by the four forces to appoint Chief Justice as the prime minister as they have already turned impotent. He said that Chairman of UCPN-Maoist Prachanda and Prime Minister Baburam Bhattarai floated the proposal for forming a CJ-led election government following the directions of foreign power centers. “They are the agents of foreign powers, and NC and UML who have given nod to the proposal are also directed by foreign powers. We will launch strong protests to safeguard national integrity,” he said. (Source: thehimalayantimes.com, February 17, 2013)

Four small left parties including the CPN-Maoist held a protest rally in Kathmandu on Sunday, February 17, 2013 afternoon against the ongoing efforts to form a government headed by the incumbent Chief Justice (CJ). Saying that appointing the Chief Justice as the prime minister of the country would be in stark violation of the interim constitution, the concept of multi-party contention and national sovereignty, the four fringe parties such as CPN-Maoist-Vaidhya, CPN-Maoist-Matrika, CPN-Unified, and Revolutionary Communist Party unleashed cadres to march from Shantibatika, Ratnapark through Bagbazar, Putalisadak before converging into a corner rally at the Shahid Gate in protest. Spokeswoman for CPN-Maoist-Vaidhya Pampha Bhusal, CPN-Maoist-Matrika coordinator Matrika Yadav and General Secretary of the Revolutionary Communist Party Mani Thapa addressed the rally and opposed the attempts of the four major parties to build a consensus on appointing the CJ as the head of the election government. Spokeswoman Bhusal said her party would strongly protest and thwart any efforts to appoint the CJ as the country’s new prime minister. Similarly, Yadav termed the decision of the four major parties to form a CJ-led election government as “unconstitutional”, adding that the same person could not lead both the judiciary and executive. (Source: nepalnews.com, February 18, 2013)

On Monday, February 18, 2013, Chairman of Federal Socialist Party Ashok Rai claimed that the four major political parties decided to award the post of prime minister to serving Chief Justice Khil Raj Regmi for the latter’s role in the untimely demise of the Constituent Assembly without promulgating the constitution. Speaking at a press conference held by the Rupandehi chapter of Association of Nepal Indigenous Journalists (ANIJ) in Butwal on Monday morning, Rai accused the four major parties such as UCPN-Maoist, NC, CPN-UML, and UDMF of displaying their incompetence as political parties by handing over the post of prime minister as a gift to a person whose decision on issuing an interim stay order against the government’s proposal for amending the interim constitution and extending the term of the CA led to the demise of the constitution drafting body. Rai: the former vice chairman of CPN-UML before leaving the party protesting its stance against identity-based federalism and creation of ethnic states, also said there was little possibility that the new CJ-led election government would be able to hold fresh CA polls. Saying that even if the new government manages to carry out the election “it won’t be free and fair”, Rai made it clear that his party would still contest in the polls and forge a working unity with the forces in favor of identity-based federalism. (Source: Nepalnews.com, February 18, 2013)

Nepal Federation of Indigenous Nationalities (NEFIN) on Monday, February 18, 2013 expressed its concern over the ongoing efforts on forming an election government under the Chief Justice. In a press statement, NEFIN Chairman Raj Kumar Lekhi condemned the act of major parties to hand over the leadership of government to the head of the judiciary, dubbing it shame on democracy. “To maintain control and balance in the state, executive and judiciary should be kept separately like two banks of a river. Parties’ efforts to appoint Chief Justice as the head of the election government is a serious conspiracy,” he said. NEFIN has also said that appointing judiciary chief as the chief executive will raise questions over the role of independent judiciary, while creating further political and constitutional complexities. NEFIN also has warned the four political forces of ending the bid to form a CJ-led government, charging that it is a four-party syndicate to rule the nation. (Source: THT ONLINE, February 18, 2013)

Twenty renowned constitutional experts and jurists on February 21, 2013 told the government and the leaders of UCPN-Maoist, NC, CPN-UML, and UDMF that a government under Chief Justice Khil Raj Regmi to hold elections was possible. Experts believe since judiciary is also a part of the state, formation of a new government under the CJ in special circumstances was in line with the constitutional provisions. Prime Minister Baburam Bhattarai, through the Office of the Attorney General, had called constitutional experts to have their say on how an election government could be formed under the CJ as agreed upon by the four political forces. Top leaders of the four parties were present at the meeting. Attorney General Mukti Narayan Pradhan said the government would do the groundwork to pinpoint which articles of the Constitution and sections of the election laws should be dealt under Article 158 of the Constitution. The Nepal Bar Association was not invited to the meeting. NBA President Hari Krishna Karki said he did not know why the umbrella organization of lawyers was snubbed. The NBA has opposed the formation of an election government under the chief justice, saying the move was unconstitutional. However, Attorney General Mukti Narayan Pradhan, who called the meeting on behalf of the government, said members of the NBA were invited, and it would be wrong to claim that NBA was not represented in the meeting. (Source: HIMALAYAN NEWS SERVICE, February 21, 2013)

On February 22, 2013, Prime Minister Dr. Baburam Bhattarai invited members of Nepal Bar Association (NBA) to his office and urged them to support a government led by serving Chief Justice for holding elections to a new CA in June; however, NBA members did not agree on the prime minister’s request and they stuck to their stand on not forming a government under the serving Chief Justice. NBA members said that the best alternative was to form a consensus government. The prime minister tried to convince the members of NBA of the need for a new government led by the Chief Justice, as the political parties have failed in finding out a consensus candidate for a new government; the political parties have agreed on a new government led by the Chef Justice just for the elections; so, it would not go against the constitution. However, members of the NBA disagreed with the prime minister on this matter and rejected the formation of a new government under the serving Chief Justice. (Source: Gorkhapatra, February 23, 2013, Kathmandumetro.com).

Talking to reporters in Gorkha on February 22, 2013‚ President of NC Sushil Koirala admitted that the four major political forces had agreed on forming an election government under the pressure put by the members of the diplomatic missions in Kathmandu, and President Ram Baran Yadav. Koirala said‚ “Four major political forces agreed to form an election government as the President suggested for CJ-led government to give a way out to the country. Besides‚ there is immense international pressure for such a government.” NC President Koirala revealed that ambassadors of the European Union to Nepal had threatened to divert aid coming to Nepal to Africa and Latin America if the parties were not to go to the polls under a CJ-led government. He further said Chief Justice Khil Raj Regmi was delaying to accept the reins of the executive due to opposition from some parties. “The government formation process is delayed as Chief Justice is failing to take decision promptly‚” he added. (Source: HIMALAYAN NEWS SERVICE, February 22, 2013, and Kathmandumetro.com).

Ambassadors of some European countries met with the CPN-Maoist-Vaidhya leaders on February 22, 2013, and suggested them not to boycott the proposed Constituent Assembly elections. Ambassadors of the United Kingdom, Germany, France, Norway, Denmark, Switzerland and Finland went to the CPN-M central office in Buddhanagar and expressed their concern over statements of party leaders that they would boycott the upcoming elections. According to spokeswoman for CPN-Maoist Pampha Bhusal, the ambassadors suggested that the party take part in the polls. She said that the party was firm in its stance that the current deadlock should be resolved through a round-table conference and assured the ambassadors that the party would not take up arms again. (Source: Nepalnews.com, February 22, 2013, Kathmandumetro.com).

On Friday, February 22, 2013, NC youth leader Gagan Thapa said that the mahasamiti meeting of the party would decide on the leaders’ decision on the formation of a chief-justice-led government. Speaking at an interaction event held in Kathmandu, he said that the top leaders of the party had gone against the central working committee’s decision to seek consensus on all other alternatives, except for on the CJ-led government. “The step taken by the party’s top leaders is against the decision of the central working committee,” he said, reiterating that the mahasamiti meeting would decide on their acts. Claiming that all the leaders and party members except for the top leaders were against the government leadership of incumbent chief justice, Thapa said that the NC would never agree on the consensus that would affect the values of democracy. “The separation of power is the very foundation of democracy,” he said, adding that democracy would come under threat if one person took charge of both the executive and judiciary. Alleging that the top leaders were vying to lead the government with the help of foreign powers, Thapa said that they were a bunch of people longing only to lead the government rather than addressing the political crisis in the country. (Source: Gorkhapatraonline.com, February 22, 2013)

The four political forces today (February 24, 2013) decided to address the concerns of Chief Justice Khil Raj Regmi before he taking over the power from Prime Minister Baburam Bhattarai. Yesterday (February 23, 2013), chief Justice Regmi had urged the top leaders of the four major parties to address his concerns about constitutional problems, political consensus with firm support for the election government and revision of the language and conditions for the chief executive in the proposed consensus draft.  “There is no dispute on appointing Regmi as chief executive. So, the top brass meeting will address his concerns tomorrow (February 25, 2013) as well as those of the legal fraternity and civil society so that all issues including the one of separation of power is addressed,” said senior NC leader Sher Bahadur Deuba. Secretary to the Ministry of Law and Justice has been given the responsibility for preparing a draft on necessary amendments to the Interim Constitution and other laws to overcome hurdles to the formation of a new Interim Election Government headed by Chief Justice Regmi, said Tarai Madhes Democratic Party Chairman Mahantha Thakur. After the taskforce and Law secretary submit their reports to the top brass tomorrow (February 25, 2013), either Prime Minister Baburam Bhattarai or the top leaders of the four forces will meet Regmi and if he okays the offer, the Cabinet will recommend to the President to remove constitutional difficulties in accordance with the draft prepared by the Ministry of Law and Justice. (Source: HIMALAYAN NEWS SERVICE, February 24, 2013)

Chief Justice Khil Raj Regmi has finally made an official statement on the four-party proposition to form an election government under the head of the judiciary. Assistant Spokesperson for the Supreme Court of Nepal Hemanta Rawal said that Chief Justice Regmi has no personal desire to be head of the government, but has taken a recent proposal put forward by the major political parties positively. In a statement, Rawal said that the Chief Justice understands that the proposal's main objective is to end the political and constitutional crisis facing the country. (Source: nepalnews.com, February 25, 2013)

The four major political forces have welcomed the Supreme Court’s statement on Chief Justice Khil Raj Regmi accepting to preside over a government for holding elections to a new CA. At a meeting of the UCPN-Maoist, NC, CPN-UML and UDMF held at the International Convention Center this afternoon (February 25, 2013), parties termed the Supreme Court’s statement as admirable. However, the meeting expected to finalize the differences among the leaders in appointing the CJ to the top job, could not yield any conclusions over the disputed issues. Talking to the reporters, NC Vice President Ram Chandra Poudel said the meeting hailed the SC’s note to permit the CJ to lead the purported election government. “Now, parties will focus on how to overcome the legal and constitutional hurdles,” Poudel said. According to him, the meeting has entrusted the eight-member task force to deal with the legal and constitutional hurdles related to the proposed election government that the parties are mulling over to form under Chief Justice Khil Raj Regmi. Poudel said that the task force has given a day’s time to prepare possible ways and suggestions, adding that the task force is expected to prepare its report by tomorrow (February 26, 2013) and brief the top leaders of the parties at the next meeting scheduled for Wednesday (February 27, 2013). (Source: THT ONLINE, February 25, 2013)

A concrete decision on forming an election mechanism under the leadership of Chief Justice Khil Raj Regmi could be taken only after a Supreme Court verdict on the proposal, NC leaders have said. Leaders of the party, who held an 'informal' meeting at NC Chief Sushil Koirala's residence at Maharajgunj, said as a writ against the proposal is still at the supreme court for hearing, Chief Justice Regmi and top leaders should not speak on the issue. The news comes a day after the Supreme Court issued a show cause notice to the President, the government and four major political forces over the ongoing negotiations to form a transitional government under the sitting CJ. During the preliminary hearing on a writ challenging the proposal, Justice Sushila Karki issued the order demanding that the defendants furnish a written explanation within nine days (March 5). Bharat Jangham in his writ has argued that the government under the sitting Chief Justice is unconstitutional, demanding a court order for a government headed by an independent person or a former Chief Justice. The bench also decided to refer the case to a special bench, which is to sit on March 7. (Source: nepalnews.com, February 25, 2013)

Nepal Bar Association has expressed serious objection to Supreme Court Assistant Spokesperson’s statement that Chief Justice Khil Raj Regmi is positive toward the proposal put forward by the major political parties to form an election government under the head of the judiciary. At an emergency meeting held at the Association’s office Tuesday morning (February 26, 2013), office bearers and former presidents of NBA expressed their disapproval of the SC spokesperson’s official statement on the four-party proposition. The meeting also decided to formally protest the possibility of formation of Chief Justice-led election government, saying that a government led by head of the judiciary will be against the principle of division of powers. Assistant Spokesperson for the Supreme Court Hemanta Rawal had said on Monday (February 25, 2013) that CJ Regmi has no personal desire to be head of the government, but has taken a recent proposal put forward by the major political parties positively. In a statement, Rawal said that the CJ understands that the proposal's main objective is to end the political and constitutional crisis facing the country. (Source: nepalnews.com, February 26, 2013)

Upbeat after Chief Justice Khil Raj Regmi’s willingness to lead the election government, Chairman of UCPN-Maoist Prachanda said that now nobody could prevent the Constituent Assembly elections from taking place in the country. Speaking at an event held in Matatirtha of Kathmandu on Monday, February 25, 2013, Prachanda said the nation would now focus on the upcoming polls. (Source: Nepalnews.com, February 26, 2013)

Nepal Bar Association, an umbrella organization of the lawyers, Tuesday (February 26, 2013) urged chief justice Khil Raj Regmi not to hear cases in the Supreme Court after he accepted the offer to lead the election government. Holding an emergency meeting, the NBA issued a statement and said that after accepting the offer to act as the prime minister, the CJ was in a deep moral crisis and it would be against the judge’s code of conduct to continue with judicial tasks. “Regmi has no right and moral authority to conduct hearings in the SC from Monday after he accepted the prime ministerial offer,” said NBA general secretary Sunil Pokharel after the meeting. However, the NBA expressed its commitment to help and welcome a way out to the politics based on consensus if it did not affect the constitutional provisions, constitutionalism, judiciary and democratic norms and values. The NBA meeting expressed sadness over the statement issued by the Supreme Court at the instructions of the chief justice. “NBA is more committed to its Feb 13, 2013 statement that stated that the sitting chief justice could not be the prime minister,” read the statement. The statement read it would be against judicial norms and values to became the judicial chief and the prime minister at the same time as the judiciary had the fundamental responsibility to review unconstitutional tasks of other state organs. It demanded official position of the SC as Monday’s statement was not clear about its legal base and drew the attention of SC justices saying that the decision could pull independent judiciary into the political wrangling just like the statement had brought the SC into political debate. The statement said involving the CJ in a meeting with the political parties disgraced judicial norms, values and independent judiciary. “It also breached the justice’s code of conduct issued by the SC,” the statement read. The NBA showed serious concerns about a case in special hearing. The statement said that the position of the chief justice was not like that of a civil servant, armed personnel or administrator; that was why he could not accept such a position that after completing the task he could return back to the position; if he accepts means it would be against the constitution. (Source: Gorkhapatraonline.com, February 26, 2013)

A day after Chief Justice Khil Raj Regmi said he was positive about an offer to lead an election government, Nepal Bar Association today (February 26, 2013) urged political parties and all concerned not to discuss further on the proposal to depute the chief justice as the chairman of an interim council of ministers. In a press statement, the umbrella organization of lawyers said Regmi’s return to the same post (of chief justice after serving as executive head) would be against the Interim Constitution. “Holding the post of chief justice is not like holding a position in the civil services, the administration, the army or any other investigative body so the chief justice cannot be deputed to hold any position in any other entity except in bodies created for judicial research and investigation, so the CJ cannot return to his previous position,” said NBA. NBA has also demanded authenticity of the press statement issued on behalf of CJ Regmi, saying a clarification was a must from a full court meeting of the Supreme Court. “The SC press release itself is enough to drag the judiciary into controversy,” it said. NBA has also leveled a charge against Regmi, saying the chief justice was facing moral crisis and that it was not good on his part to perform judicial duties after giving his consent to chair an interim council of ministers. It has urged CJ Regmi to immediately stop his judicial tasks. Stating that Nepal’s judiciary has always upheld the principle of separation of powers and checks and balances, NBA reiterated that Nepal is a signatory to the UN’s basic principles relating to the independence of judiciary, Beijing Declaration and national and international covenants and warned that going against these principles would adversely affect the judiciary. The umbrella organization of lawyers has also accused the chief justice of violating Section 3(3) of the judges’ code of conduct, 2008, by regularly holding meetings with politicians. (Source: HIMALAYAN NEWS SERVICE, February 26, 2013)

At an informal meeting of the NC held at the residence of party President Sushil Koirala in Maharajgunj today (February 26, 2013), some influential Central Working Committee members, including Arjun Narsingh KC, Purna Bahadur Khadka, Shekhar Koirala, Chandra Bhandari, Sujata Koirala, Pushpa Bhusal and NP Saud, strongly criticized the party leadership for agreeing on letting a sitting chief justice head an interim council of ministers. They said the party has trampled on the principle of separation of powers. But according to CWC member Krishna Chandra Nepali, top leaders such as party President Koirala, senior leader Sher Bahadur Deuba and Vice-president Ramchandra Poudel were well-prepared to defend the party’s move of supporting a CJ-led government. Sources said Koirala expressed his serious discontent with party’s youth leaders for making objectionable statements against party leaders through media. He urged the party members to refrain from publicity stunts and asked them to hold talks with him if they had any issues, said sources. (Source: HIMALAYAN NEWS SERVICE, February 26, 2013)

A lawyer filed a (second) writ petition at the Supreme Court today (February 26, 2013) challenging the offer of the office of prime minister made by political parties to Chief Justice Khil Raj Regmi and the Regmi’s consent. Secretary of Constitutional Lawyers Forum Advocate Om Prakash Aryal filed the petition stating that deputation of the Chief Justice to the post of PM is against the principle of the Interim Constitution and separation of power and checks and balances. This is the second case filed against the Regmi’s deputation. The petitioner said the SC press release had violated the interim constitution and the principle of the independence of the judiciary and sought apex court intervention to quash the press release and the decision of political parties to depute the CJ as PM. The Office of the President, Prime Minister Baburam Bhattarai, PM’s Office, Ministry of Law, Justice, Constituent Assembly and Federal Affairs, the Judicial Council, the UCPN-Maoist and Assistant Spokesperson for the Supreme Court have been made defendants in the petition. (Source: HIMALAYAN NEWS SERVICE, February 26, 2013)

Nepal Bar Association has demanded that Chief Justice Khil Raj Regmi relinquish his judicial powers at the earliest. As the Chief Justice has publicly expressed willingness to lead the new transitional government, it would be against established norms for CJ Regmi to continue to play a role in the judiciary, said the bar after an emergency meeting of office bearers, in the Capital. It also reiterated its stance that the Chief Justice should not lead the new government to be formed to hold new Constituent Assembly elections. "The post of Chief Justice is not comparable to any civil or military position. As per the Interim Constitution, judges cannot be assigned any other work, except for those related to legal research. Even if judges are assigned other work, it is beyond our imagination that they be allowed to return to the court and work as judges again," said NBA in a statement. The association has called on all political parties and the Supreme Court to drop the unconstitutional proposal to form a government under the sitting CJ. The statement has questioned the validity of a statement issued by an SC spokesperson yesterday (February 25, 2013) stating that the CJ was open to the idea of leading the government. "A full-bench meeting of the apex court needs to make its view on the statement public at the earliest." Bar executives have urged SC justices to be aware of the long-term consequences of accepting the four-party proposal, and its potential to politicize the judiciary. (Source: Nepalnews.com, February 26, 2013)

Talking to the journalists at the Biratnagar Airport on Wednesday, February 27, 2013, Deputy Prime Minister and Minister for Home Affairs Bijaya Kumar Gacchedar said that there was no alternative to the government led by incumbent chief justice (CJ) Khil Raj Regmi in the absence of consensus on political leadership. “The government under the CJ is also necessary to institutionalize the past achievements,” said DPM Gacchedar, adding that CJ Khil Raj Regmi had agreed to lead the government to rescue the country from political crisis. Stating that the political parties had forged a consensus on the formation of a government under the CJ, he said that the disputes within NC and CPN-UML were their private matters. “The dispute within NC and CPN-UML has risked the chances of holding Constituent Assembly (CA) election in mid-May,” said DPM Gacchedar, adding that the country would go to the polls by mid-November if the constitutional and party-wise hurdles were not addressed within few days. (Source: Gorkhapatraonline.com, February 27, 2013)

Speaking to reporters in Pokhara where he has been holidaying since Tuesday (February 26, 2013), Chairman of UCPN-Maoist on Wednesday said that the election government headed by the Chief Justice would be formed only after the Supreme Court’s ruling on a writ challenging the formation of such a government. Chairman Prachanda said that the Bhattarai government would continue until the court verdict; the parties have been discussing how to resolve constitutional and legal hurdles in installing a CJ-led government. Since all the major political forces have agreed to form an election government headed by the CJ, it is possible to hold the polls in June, Chairman Prachanda said, claiming that the parties would arrive at an understanding on Thursday (February 28, 2013) on how to remove the legal and constitutional hurdles. (Source: Nepalnews.com, February 27, 2013)

NC Central Working Committee today (February 27, 2013) decided that it would wait for the Supreme Court verdict and go accordingly to form the election government led by Chief Justice Khil Raj Regmi. After the CWC meeting held at the party President Sushil Koirala’s residence in Maharajgunj‚ Spokesman for NC Dilendra Badu‚ said‚ “We are ready to appoint chief justice as the chief executive for holding polls barring him from the activities of the judiciary. However‚ we will wait till the court’s decision and shall respect whatever it decides.” According to CWC member Krishna Chandra Nepali‚ even today there was a mixed opinion on whether the CJ should be appointed as the chief executive or not. Some CWC members including Mahesh Acharya‚ Gagan Thapa and Jiban Bahadur Shahi opposed the party’s consent to the CJ’s appointment. “Although‚ we should not raise questions on the intention and integrity of the party leadership‚ we must raise question on the capacity of the leadership‚” Thapa said‚ according to sources. He suggested the party should go for a contempt of court case against the press statement and interview of CJ Regmi as his statement has already influenced the sub judice matter. Some other leaders including General Secretary Krishna Sitaula‚ CWC members Ram Sharan Mahat‚ Minendra Rijal‚ Gyanendra Bahadur Karki‚ Prakash Sharan Mahat‚ Krishna Chandra Nepali and Ajaya Chaurasiya have however defended the party leaders’ decision. They had said the CJ’s option was the best one at present to remove the Baburam Bhattarai-led government and go for polls. (Source: HIMALAYAN NEWS SERVICE, February 27, 2013)

CPN-UML’s Standing Committee is unanimous in the view that a government should be formed under Chief Justice Khil Raj Regmi‚ according to party Vice-chairman Bamdev Gautam. “Standing Committee’s decision that a CJ-led government should be formed is in line with a recent decision taken by the party’s Central Committee‚” he said. Asked if the party wanted Regmi to resign from his chief justice post to head the government‚ Gautam said‚ “We have not said anything about that.” The Standing Committee made this decision today (February 27, 2013) against the backdrop of growing rift between CPN-UML Chairman Jhalanath Khanal and senior leader Madhav Kumar Nepal over a CJ-led government. Senior leader Nepal has publicly criticized Khanal for supporting a CJ-led government without seeking Regmi’s resignation. Another senior leader KP Sharma Oli‚ known as the bête noire of party Chairman Khanal‚ however‚ has sided with Khanal. Some Standing Committee members‚ who used to support Nepal in the past‚ are also now with Khanal‚ creating a new equation in the party. Gautam‚ however‚ said whatever differences were there ‘have been settled for now’. (Source: HIMALAYAN NEWS SERVICE, February 27, 2013)

The eight-member taskforce formed by the four major political forces has prepared a 20-point draft for amending the Interim Constitution but is yet to finalize it, mainly due to differing views of the four political parties on whether to wait for the Supreme Court verdict on the issue of forming an election government under Chief Justice Khil Raj Regmi or not. A hearing on a writ against the ongoing process of making the chief justice the executive head is scheduled for March 7. The taskforce members today (February 28, 2013) met at the office of the Special Committee but could only hold ‘conceptual discussions’ on the draft, according to Jitendra Dev of Madhesi Janaadhikar Forum-Democratic. The draft was prepared in collaboration with the officials from the Ministry of Law and Justice. Coalition partners such as UCPN-Maoist and UDMF have been pressing for beginning the process of removing constitutional difficulties without waiting for the court’s verdict, but the NC and CPN-UML have been saying that they should wait till March 7. “If all the constitutional difficulties are removed by getting ordinances approved from the President before March 7 and if the court ruling comes against forming CJ Regmi-led government, it will be suicidal,” say NC and CPN-UML. “This will create an easy situation for the Baburam Bhattarai-led government to continue. So we must wait for the court verdict,” sources quoted Minendra Rijal, a taskforce member representing NC, as telling at the NC party’s internal meeting today (February 28, 2013). (Source: HIMALAYAN NEWS SERVICE, February 28, 2013)

The leaders of the NC and the CPN-UML have been desperate for removing the current coalition government of UCPN-Maoist and UDMF. They did not have any constitutional means to remove the government. The head of state President Dr Ram Baran Yadav did not follow their pressure to put an end to the current government going beyond the constitution. The leaders of the NC and the CPN-UML then claimed that they would create the protests of hurricane and tsunami to dislocate the current government but everything went astray. Now, they have correctly seen that forming a new government under the Chief Justice could remove the current government but they have not been concerned with the elections to a new CA but with the removal of the current government very much.

The meeting of major four political forces with President Dr Ram Baran Yadav briefly discussed the recent developments and efforts being accelerated to form a new election government led by the sitting Chief Justice of the Supreme Court Khil Raj Regmi. The four political parties such as UCPN-Maoist, NC, CPN-UML and UDMF in a discussion with the President this morning (March 1, 2013) at the latter’s residence at Shital Niwas, assured the head of the state that they will narrow down all the issues by March 5. UCPN-Maoist leader Krishna Bahadur Mahara said that the parties are yet to narrow down the differences among them related to issuing new citizenship, election procedures, formation of Truth and Reconciliation Commission and Commission on Disappearance. “The parties will forge consensus on all these issues by March 5 sorting out all the contentions,” Mahara, also a member of the eight-member taskforce, said. (Source: THT ONLINE, March 1, 2013)

The Supreme Court today (March 1, 2013) rejected a contempt of court case brought against Chief Justice Khil Raj Regmi, saying that the petitioner made a subjective interpretation of the chief justice’s press statement in which the CJ had said he was positive about accepting four political forces’ offer to lead an interim council of ministers. Joint-registrar Nahakul Subedi passed the rejection order. The rejection order states: “The petitioner brought a writ which has made subjective interpretation (of the press statement) that the chief justice has accepted the post of chief executive even as that was not mentioned in the statement so it has been found, prima facie, inappropriate to register the petition; henceforth this petition has been rejected.” Advocate Sunil Ranjan Singh had reached the apex court with his petition, charging CJ Regmi with the contempt of court for issuing a statement that said he was positive about accepting the prime ministerial offer. Singh claimed Regmi’s ‘activities undermined the judiciary and dignity of the post of chief justice’. (Source: thehimalayatimes.com, March 1, 2013)

Top leaders of UCPN-Maoist, NC, CPN-UML and UDMF on March 1, 2013 met with President Dr. Ram Baran Yadav and briefed him about the latest headway regarding the formation of an interim election government under sitting chief justice (CJ) Khila Raj Regmi. During the meeting held at the President's office, Shital Niwas, the top leaders assured President Dr Yadav that they would succeed to form a chief justice-led government by March 7. President Yadav in turn urged the top leaders to strike a deal in a package soon to hold fresh Constituent Assembly elections by mid-June. Talking to journalists after the meeting, NC vice-president Ram Chandra Poudel said that they informed President Yadav about the latest political discussions and developments regarding the formation of a non-partisan election government. UCPN-Maoist leader Krishna Bahadur Mahara said that the country would get a way out of the current political deadlock by March 7. UDMF leader Mahantha Thakur said that the major parties were closer to a political consensus on the formation of interim election under the sitting CJ. Earlier, the top leaders of the four major parties held a meeting at the Prime Minister's official residence, Baluwatar and discussed the thorny issues of the report prepared by the cross-party taskforce and the ways to resolve the constitutional and legal hurdles. However, they failed to sort out the remaining issues like formation of Truth and Reconciliation Commission, distribution of citizenship certificates and update of voter's list. (Source: Gorkhapatraonline.com, March 2, 2013)

A delegation of the Nepal Bar Association (NBA), an umbrella organization of lawyers across the country, met with President Dr. Ram Baran Yadav and urged him not to go for a CJ-led government, arguing that it would be against the spirit of the Interim Constitution and principle of separation of powers. During the meeting with President Dr. Yadav, the NBA office bearers reiterated that they were firmly against forming a next government under the sitting CJ. Emerging from the meeting, NBA chairman Hari Krishna Karki said that they stuck to their earlier stance that forming a CJ-headed government would be against the constitutionalism and the principle of separation of powers. NBA has been opposing the proposal for forming a government under the sitting CJ, saying that the move would go against the concept of free and fair judiciary and the established principle of separation of powers. (Source: Gorkhapatraonline.com, March 2, 2013)

Speaking at an event held to make public a book titled ‘Lhasa Bolche’: a Nepali translation of ‘Sandeya Lisa’ written by late Dharma Ratna Yami in Kathmandu on March 1, 2013, Prime Minister Dr. Baburam Bhattarai said that fresh elections to the Constituent Assembly (CA) would be held by mid-June at any cost no matter how many flaws were found in the laws. He hoped that a new government under the leadership of Chief Justice (CJ) Khil Raj Regmi would be formed after a consensus was forged among the political parties. “The ongoing crisis in the country has prevailed due to the engagement of parties in the politics of denial,” he said, expressing sadness over the inability to completely institutionalize the achievements gained from the People’s War and the historic April movement. PM Dr. Bhattarai said that the government led by CJ Regmi would hold CA elections by mid-Jun as the political parties had agreed on the formation of the government to end the current political crisis. (Source: Gorkhapatraonline.com, March 2, 2013)

Speaking at a cadres’ meet organized by the CPN-UML of the Kaski, constituency-3 in Pokhara on March 1, 2013, senior leader of CPN-UML Madhav Kumar Nepal said that his party was swayed away by the UCPN-Maoist on forming a government under the leadership of the chief justice but the process should not be halted as it had already been moved forward. “CPN-UML should have never agreed on the proposal for a CJ-led government as floated by the Maoists,” said Nepal, adding that his party had fallen into the trap laid by the UCPN-Maoist. Stating that his party was compelled to agree on the CJ-led government to oust the current government and to win the popular votes through elections, Nepal said that it was the only one option left at the moment. He said that the situation arose after making several unsuccessful attempts to form a government under the political leadership of any other individual outside of the Maoist party. (Source: Gorkhapatraonline.com, March 2, 2013)

President of Nepal Bar Association (NBA) Hari Krishna Karki and his deputy Tika Ram Bhattarai, Secretary General Sunil Pokhrel, Treasurer Mohan Ingnam and central members had called on President Dr Ram Baran Yadav to apprise him of their views that they strongly object to a CJ-led government. Stating that the appointment of CJ Regmi to the head of the government will infringe on the independence of judiciary and will be against constitutionalism, principle of separation of powers and judges’ code of conduct; so, the NBA urged the President not to accept the recommendation of political parties to appoint Regmi the head of the executive. “I shall not go against the Interim Constitution, democratic principles and matters related to rule of law,” NBA Vice-president Bhattarai quoted President Yadav as telling the lawyers. “He said he is committed to protecting the Interim Constitution, rule of law and democratic principles.” “I am not an expert on constitution so I don’t know whether the proposal will be constitutional. So I shall consult the Supreme Court once I receive the proposal,” a senior NBA officer bearer quoted President Ram Baran Yadav as telling NBA officials who had called on the Head of State on March 1, 2013. He said the President told the lawyers that he would consult the apex court, which is the final interpreter of the constitution, the attorney general, constitutional law experts and NBA after he formally receives a proposal from parties. The President also said the government formation process was still under Article 38 (1) of the Interim Constitution, which calls for political consensus. “The President told us that the process that began on November 24 when the Baburam Bhattarai government failed to hold the elections to the Constituent Assembly, is still under the same provision,” said NBA Secretary Pokhrel. (Source: thehimalayantimes.com, March 1, 2013)

Advocate Sunil Ranjan Singh’s petition challenging a rejection order to his Thursday’s contempt of court petition against Chief Justice Khil Raj Regmi was left in a state of limbo on Friday, March 1, 2013, as the apex court neither accepted nor rejected it. SC Joint-Registrar Nahakul Subedi on Thursday rejected Singh’s contempt of court petition against CJ Regmi, but when Singh forwarded his petition on Friday challenging the rejection order, it was neither accepted nor rejected. “Subedi made me wait for the whole day, but my petition was neither formally accepted nor rejected till the last hour,” Singh told THT. (Source: thehimalayantimes.com, March 1, 2013)

Ends