Dr. Baburam Bhattarai Stays On-Part 49

(Uncertainty Of Forming A New Government)

Siddhi B Ranjitkar

The ruling political leaders have been saying that a new government presided over by the Chief Justice would be formed at any time after building a consensus on the contentious issues but the opposition leaders have been saying that they have no alternative to forming a new government under the Chief Justice to unseat the incumbent government of the UCPN-Maoist and the UDMF. They have been discussing the same contentious issues that they could not agree on in the past, and could not promulgate a new constitution rather they ended the most inclusive Constituent Assembly (CA) elected in 2008 to write a new constitution and promulgate it. The chance of forming a new government presided over by the Chief Justice has been fading as the leaders continued to discuss the contentious issues and did not reach an agreement on those issues.

It seemed that a new government under the Chief Justice was a solution when the leaders could not find a consensus candidate for a new government to hold the elections to a new CA, and the opposition leaders did not want the incumbent government to hold elections. However, it was not so simple to form a new government under the Chief Justice. The contentious issues such as the citizenship questions raised by the Madheshis, the different positions demanded by the UCPN-Maoist for its cadres joining the Nepal Army, and setting up the Truth and Reconciliation Commission to heal the wounds of the people’s war as proposed by the UCPN-Maoist have remained contentious issues, as they have been in the past. None of the parties were ready to step back from their original position on these matters.

The Madheshi leaders have been demanding the citizenships to all people following the Citizenship Rules of 2064 (2008) but the leaders of the NC and the CPN-UML have not agreed on it. In 1990s, the government led by the NC had distributed citizenship certificates to the Madheshi people en masse. Whether they like it or not majority of the Nepalese people are going to be in Madhesh, and any political parties going against the people living in the Madheshi would have a least chance of democratically governing the country.

Democracy is going to stay here in Nepal. It is the question of time to institutionalize it. The citizenship issue might prevent forming a government under the Chief Justice but political leaders could not deny citizenship to anybody. Nobody should anticipate the birth of anybody like the despotic King Prithvi Narayan Shah, and another tyrannical ruler Jung Bahadur Rana, and run a repressive rule as they did in the past. Nepalis have been even for removing their statues. So, if anybody came out to be such a tyrant would face immediate premature death.

The UCPN-Maoist leaders have been demanding various officer-level positions for their cadres joining the Nepal Army. These cadres have been undergoing the training for being eligible to join the Nepal Army at different officer-level positions. However, the opposition leaders have been disagreeing on this matter, too. Both the ruling and opposition leaders need to compromise on this issue. They should not make it the subject of disagreement on forming a new government under the Chief Justice to hold elections, as everybody knows that elections are vital to break the current political deadlock.

Forming a Truth and Reconciliation Commission (TRC) is as important as any other political matter to heal the wounds of the decade-long people’s war. Families of the victims enforced disappearances by both the Nepal Army and the then Maoists have been agonizing over not knowing the whereabouts of their loved ones. Family members have the rights to know whether their disappeared loved ones are dead or alive. Similarly, injured and disabled people have been waiting for the compensation for the loss of their ability and for the injuries they had suffered from both the Nepal Army soldiers and from the Maoists’ militia. Leaders of the NC and the CPN-UML have been saying that they have refused the formation of the TRC as proposed by the UCPN-Maoist because the Maoists wanted to give blanket amnesty to all the murders, killers and perpetrators of human rights violation. The international community wanted to see the TRC set up following the international standard for bringing the perpetrators of human rights violation to justice, the NC leaders said.

NC and CPN-UML leaders have started off saying that the Maoists should return back the property seized by them during the people’s war before building a consensus on all contentious issues. The Vaidhya Maoists have been deadly against returning any property seized by the Maoists during the people’s war. Chairman of UCPN-Maoist Prachanda and his vice-chairman Dr Baburam Bhattarai had been willing to return back the property but the people that had seized the property had been adamant not to return back. The Vaidhya Maoists argued that the large landowners had unscrupulously occupied the public property during the time they were in power. Now, the landless people have seized the property from them, there is no question of returning back the property to them, the Vaidhya Maoists said. If the leaders of the NC and CPN-UML were to make the returning of the property to the respective owners as a condition to build a consensus on forming a new government then there would be no new government in a foreseeable future.

Two cases filed against the formation of a new government presided over by the Chief Justice of the Supreme Court of have been pending at the Supreme Court of Nepal. The Supreme Court bench has held a preliminary hearing on one case on March 5, and the Supreme Court is scheduled to hold hearing on another case on March 7, 2013 but the Supreme Court has announced that the Supreme Court would hold hearing on both the cases in the mid March. The NC had decided to wait the ruling of the Supreme Court of Nepal on these cases for forming a new government headed by the Chief Justice. So, the formation of a new government would be delayed at least until the mid March.

Leaders of the NC and CPN-UML have been telling the public that even though elections to a new CA are the only alternative today they are not willing to go to polls under the incumbent government of the UCPN-Maoist and the UDMF. Therefore, the ousting of the incumbent government is the first condition to hold elections. That is why they are willing to form a new government presided over by the Chief Justice. However, they have not been able to build a consensus on a number of contentious issues before forming a new government. NC and CPN-UML leaders have not been so much concerned with the reality of the incumbent government continuing if they failed to agree on forming a new government.

Speaking to the party workers in Jhapa on March 2, 2013, NC president Sushil Koirala said that his party would not surrender to any forces in a name of consensus if it imperiled democracy. NC president Koirala urged all to be aware of UCPN-Maoist, which he said, was continuously betraying the parties. He said his party would not tolerate UCPN-Maoist if it moved to capture state power by meddling with the judiciary. “Sitting chief justice should lead government after reigning from the post,” he said. The NC chief accused UCPN-Maoist of interfering in Nepal Army, Nepal Police and civil service to use state mechanisms in its favor. “So, the NC will not compromise on democratic ideal in the name of consensus” he said. (Source: Gorkhapatraonline.com, March 2, 2013)

Speaking at a press meet organized by Nepal Press Union in Birtamod of Jhapa on March 3, 2013, NC president Sushil Koirala urged the party workers to be prepared for elections as the country was heading toward it. The NC chief said his party accepted the CJ-led election government proposal with caution to hold elections and oust the incumbent government. He, however, accused UCPN-Maoist of trying to impose autocracy by floating the proposal for forming a new government under the sitting chief justice. NC president Koirala also blamed the ruling UCPN-Maoist for hatching various ploys to fulfill its hidden agendas. He, however, argued that it was merely UCPN-Maoist’s daydream to introduce an authoritarian rule. “It is in the interest of nation to go for elections by forming the CJ-led government instead of damaging democracy which was achieved through long struggle and sacrifice” he said. NC president Koirala argued UCPN-Maoist floated the proposal for forming a new government under the Chief Justice with the intention of prolonging the government’s tenure by assuming that the NC and other parties would not accept it. He warned the UCPN-Maoist of facing the same fate as that of former king Gyanendra Shah if it deceived other parties. NC general secretary Krishna Prasad Sitaula said that the fresh election was the only option to end the country’s crisis but the ruling parties did not want an election and was rather trying to foil it. (Source: Gorkhapatraonline.com, March 3, 2013)

A petition on the contempt of court filed against the Chief Justice at the Supreme Court but rejected on the ground of its fabricated interpretation of SC's press release has been filed again at the SC on Sunday, March 3, 2013. Advocate Sunil Ranjan Singh filed the petition again arguing that the SC did not give proper reason for the rejection of the petition but interpreted the petition by going beyond its jurisdiction. He added that the petition was interpreted from the administration rather than from the SC's bench. The rejection order was therefore illegal, he further argued. On February 27, Joint-Registrar at the SC Nahakul Subedi had rejected the registration of the appeal reasoning that it was filed with the intention of besmirching the office of Chief Justice and SC's prestige. He had added that it was being filed with fabricated interpretation of February-25 press release of the SC. The press release issued by Assistant Spokesperson for the SC Hemant Rawal had mentioned that the Chief Justice was positive about giving a political and constitutional outlet to the country by respecting the judiciary and its decision. (Source RSS/thehimalayantimes.com, March 3, 2013)

On Tuesday, March 5, 2013, hearing on the contempt of court filed against the Chief Justice of the Supreme Court of Nepal by Advocate Sunil Ranjan Singh, a single bench of Justice Girish Chandra Lal quashed the case stating the Chief Justice has committed to honor the judiciary and judicial rulings, according to the ‘gorkhapatra’ news of March 6, 2013. Advocate Singh had filed a contempt of court case against Chief Justice Khil Raj Regmi after the Supreme Court in a statement stated that the Chief Justice has given a positive response to preside over a government to break the current constitutional crisis and to hold elections to a new CA.

Speaking at a press meet held by the Federation of Journalists-Revolutionary in Pokhara, Kaski on March 3, 2013, Secretary to the CPN-Maoist Netra Bikram Chand warned that the to-be-formed chief justice-led election government would spell disaster to the country. Secretary Chand said, “If the election government is formed under the leadership of Chief Justice Khil Raj Regmi, then the March-6-Nepal bandh might be an indefinite one.” He also alleged that the parties’ decision to form a government under the chief justice violated both the 12-point understanding and Comprehensive Peace Accord. (Source: HIMALAYAN NEWS SERVICE, March 3, 2013)

Speaking at a regular press briefing at the party headquarters in Kathmandu on March 3, 2013, spokesman for the UCPN-Maoist Agni Prasad Sapkota said that the Constituent Assembly election could be held within the first week of June even if the parties strike a deal by the second week of March. Since the election commission has informed that polls could be held in 90 days and if needed the process could also be shortened, election is possible within first week of June, he said. However, he accused the CPN-UML and NC leaders of not being serious about the election but they were only active in replacing the existing Baburam Bhattarai-led government. “They have been going to different parts of the country at a time when they were supposed to sit for dialogues to sort out the differences,” Sapkota said, adding that, such activities has given reasons for his party to suspect whether they would honestly let the CA polls happen. (Source: HIMALAYAN NEWS SERVICE, March 3, 2013)

Laying the foundation stone of the Out-patient-Department (OPD) building to be constructed on the premises of Rajbiraj-based Gajendra Narayan Singh Zonal Hospital in Saptari on March 3, 2013, Minister for Health and Population Rajendra Mahato said that the country would get an outlet of the ongoing constitutional and political crises within few days. Minister Mahato said that the nation would get an outlet of the ongoing crises as political parties have reached close to a consensus. He said that the necessary process for the formation of a Chief Justice-led election government for free and fair election has began, and such a CJ-led election government would be formed by March 8. (Source: RSS/thehimalayantimes.com, March 3, 2013)

Speaking at a party event in Panchthar, Phidim yesterday, NC President Sushil Koirala said that the sole agenda of the UCPN-Maoist has been to install an election government led by Chief Justice Khil Raj Regmi. NC President Koirala said, “The proposal to form CJ-led government has failed to garner the support of all parties because it was announced at the UCPN-Maoist convention, instead of getting consensus among all the political stakeholders,” according to HIMALAYAN NEWS SERVICE of March 3, 2013.

Hearing on the case filed against the formation of a new government presided over by the Chief Justice of the Supreme Court of Nepal, the Supreme Court had asked the head of state: one of the defendants made in the case the explanation. Replying to the Supreme Court’s explanation order, the Office of the President said the formation of an interim government under the chairmanship of Chief Justice Khil Raj Regmi was a matter of the guesswork, so the apex court need not test the constitutionality of the CJ-led government formation process. “Still the process of PM appointment is under consideration as per Article 38 (1) and therefore there was no need for the apex court to intervene in the assumption that the CJ will hold the post,” stated the reply of the Office of the President to the apex court. The Office of the President also termed the PM’s appointment process was a political matter and also premature so intervening in a premature case was irrational. It also claimed that the President has already invoked Article 38 (1) of the Interim Constitution on political understanding, so this process needs to be concluded logically. (Source: theimalayantimes.com, March 4, 2013)

Speaking to journalists in Itahari, Sunsari on March 4, 2013, NC senior leader Sher Bahadur Deuba expressed his anxiety about the to-be-formed chief justice-led government saying that it might begin an autocratic rule in the country. Deuba said, “People are worried that an autocratic rule might start in the country should the chief of the judiciary be made the chief of the legislative,” adding, “That such fears are valid and natural.” He said the same thing has been worrying him, too. Deuba said the Congress has accepted the proposal for a CJ-led government only to give a way out to the country. “But there is the condition that if CJ Khil Raj Regmi becomes the prime minister then he cannot hold the position of chief justice simultaneously,” he said. (Source: HIMALAYAN NEWS SERVICE, March 4, 2013)

Speaking at a function held in Halesi, Khotang on March 5, 2013, Central Working Committee member of NC Sujata Koirala has reiterated her earlier stance on not forming a new government under the leadership of the Chief Justice. She warned of protests by her party if the CJ would be given the top job. She reiterated the need to form a new election government led by any political party but not by the CJ. (Source: THT ONLINE, March 5, 2013)

Leaders have again started off engaging in the blame game causing the doubt that whether building a consensus on forming a new government headed by the Chief Justice would be possible. Speaking at the mass rally held at the Phugling Bazaar of the Taplejung district on March 5, 2013, President of NC Sushil Koirala blamed the UCPN-Maoist for not being serious about holding elections to a new Constituent Assembly (CA) in June this year, as the Maoists put forward the formation of Truth and Reconciliation Commission to counter his proposal for extending the term of the election commissioners to ease holding elections causing disagreement. NC President Koirala said that a new government presided over by the Chief Justice is not right but such a government is necessary just to oust the current government. He also said that the Maoists should return the seized property to build a consensus, according to the ‘gorkhapatra’ news of March 6, 2013. Speaking at the closed session of the Ninth Convention of the CPN-UML of Jhapa held at Dhulabari in Jhapa on March 5, 2013, Chairman of CPN-UML Jhalanath Khanal said that the general convention of the Maoists brought the proposal for forming a government under the Chief Justice, and all political leaders agreed on it to end the dictatorial attitude of the Maoists. The country would have moved to a right political direction if the UCPN-Maoist were to quit the extremism and the NC the status quo, Chairman Khanal said, according to the ‘gorkhapatra’ news of March 6, 2013.

Speaking at the Reporters’ Club in Kathmandu on March 6, 2013, NC leader Shekhar Koirala said that nobody could make the Chief Justice a prime minister following the principles of the separation of power, it would not promote democracy; so, in the name of elections, and of ousting Prime minister Dr Baburam Bhattarai, nobody should agree on forming a new government under the Chief justice; the funny thing was that the Chief Justice had told the BBC reporter that the Chief justice would return to the office of the Chief Justice after completing the elections; nobody should do anything to create another dictator in the name of ousting one dictator, according to ‘gorkhapatra’ news of March 7, 2013.

Nepal Republican Front made up of five political parties including the CPN-Maoist-Vaidhya enforced the shutdown of Nepal on March 6, 2013 from 6:00 am to 5:00 pm protesting against the ongoing efforts on forming a new government presided over by the Chief Justice. At the end of the shutdown, they held corner meetings at various places including Lalitpur and Bhaktapur. At the corner meetings, speakers charged the political leaders with forming a government under the Chief Justice following the foreign pressure. They demanded to stop the foreign interference in forming a government, not to form a government under the Chief Justice, the current government to quit the office immediately, and to form a new united government of forward-looking-political parties, according to ‘gorkhapatra’ news of March 7, 2013.

Speaking at the Reporters’ Club in Kathmandu on March 6, 2013, Prime-ministerial political advisor Devendra Poudel said that if the political leaders were to fail in forming a new government under the Chief justice, then the incumbent government should be made a national consensus government to hold elections. To this end, the UCPN-Maoist is ready to offer the most important ministerial portfolios such as Home, Finance, and Defense to the opposition parties, according to ‘gorkhapatra’ news of March 7, 2013.

Ends