Dr. Baburam Bhattarai Stays On-Part VI

Siddhi B Ranjitkar

After the almost completion of the army integration, leaders of four major power centers have been sitting at one meeting after another to sort out of the problems of not building a consensus on a new constitution. Most probably they will build a consensus on a new constitution soon but the president has recently said in public that he is not going to sign off a new constitution if it makes the provision for dividing the country provoking a strong reaction from the leader of an ethnic party. At the same time, former monarch received a warning from a political leader of the possibility of sending him to a jail.

On April 14, 2012, the nepalnews.com reported that Former President of Nepal Federation of Indigenous Nationalities (NEFIN) Raj Kumar Lekhi has taken serious exception to President Ram Baran Yadav's recent statement that he would not put his seal of assent on a constitution that would lead to the country's disintegration. He said, "It is clear that the President has indirectly spoken against federalism. Some responsible parties had been provoking him to make such a provocative statement by crossing the constitutional boundary. Now, he is doing something that puts the political parties in a difficult situation."

On April 13, 2012, speaking at the opening function of the Kalimata Temple at Kanpur VDC-1 in Timal area in Banepa, President Dr Ram Baran Yadav has said that he would not sign a constitution if the constitution has the slightest hint of division of the country stating the responsibility of the Head of State is to issue a constitution, ‘The Himalayan Times’ of April 13, 2012 writes quoting the state-run news agency RSS.

In fact, backtracking on the democratic norms and values, the president had crossed the constitutional boundary in 2008 not following the recommendation of the then-prime minister but directly writing a letter to the then army chief stating him to stay on in his job even though the prime minister had fired him. The then-Prime Minister Prachanda had fired the then Chief of Army Staff Rukmangad Katuwal for his political statements but President Dr. Ram Baran Yadav on the recommendation of the team of the political leaders headed by Chairman of CPN-UML Jhalanath Khanal wrote a letter to Katuwal stating him to stay on the job provoking a strong protest from the prime minister that quit the office in protest paving the way for the unscrupulous politicians to play the politics in making the man rejected by voters in two constituents a next prime minister. Thus, the so-called democrats that have put a claim for defending the democracy undermined the democratic values of only elected persons having the mandate of the people are eligible for the office of prime minister.

Now, President Dr. Ram Baran Yadav has again prepared for crossing the constitutional boundary stating he would not sign off a new constitution if the constitution were to divide the country. As a matter of fact, not only the president but also every citizen has to protect the sovereignty of the country. The president is more responsible for protecting the country than any common folks. So, it is natural that the president makes such a statement but the question is how he would find a constitution prepared by the elected members of the Constituent Assembly a divisive one, and refuses to put his seal of assent on it.

One thing we can assume is that the president might be referring to the stand of the NC and CPN-UML on not allowing the federalism and the federal states in the names of ethnicity. The NC and CPN-UML guys have been hyping on the ethnic-based federalism would lead the country to division; so they would never agree on it. That is the point the president must have picked up or one of the hardliners that take the stand on not making Nepal a federal democratic republic or against the federal states or want to continue the central government taking care of everything has written the president’s speech that contains the most irrational statement of not signing off a new constitution that has a slightest hint of division of the country. Most of the hardliners in the NC take this stand. Another hardliner is Chitra Bahadur KC leader of the so-called Janamorcha party. Mr. KC has been not only speaking out against federalism but also has been taking the issue to the streets shutting down the business of other people illegally.  President Yadav must have borrowed the word ‘division’ from these NC and CPN-UML guys, and Mr. KC or he must be influenced by them and develop the mind-set of the NC and CPN-UML guys and so must have said that he would not allow such a constitution to prevail. This is how Mr. President might have defined the ‘division of Nepal.’

The ethnic communities and other politically reasonably thinking people agree that federalism is the only way of keeping Nepal intact in other words in one piece. Federalism is only for decentralization and the federal states are for giving the locals the rights to self-development nothing more and nothing less. It would not certainly lead the country to division rather cement it further. It will give the rights to self-development to the Nepalis in general and the ethnic communities in particular the 240-year monarchical rule had denied them. Recently, the president himself said in public that the monarchical rule had been responsible for the poverty in the country. The president knows that Nepalis have tolerated the political, economical and social injustices inflicted on them for 240 years; the current generation of Nepalis will not anymore tolerate such injustices. Nepalis in general simply want to redress these injustices having the federal states and federalism for self-determination. Nobody needs to take it otherwise.

Some people might ask a question then why the NC and CPN-UML guys have been against the federal states and federalism, and have incited the president to say that he would not sign off a constitution with a slightest hint of division. They have already proved that they simply want power nothing else putting the unelected man in the office of prime minister severely undermining the democratic values of the elected office is only for the elected person. The irony is that the NC and CPN-UML guys continue to say they are not compromising democracy. In reality, they have damaged the features of democracy doing whatever possible simply for grabbing power. They also want to keep the strong central powerful government to maintain the status quo means denying the political, economical, and social justices to the people. In other words they want to monopolize the state power. They would surely lose their supremacy if they accept the federal states and federalism. They also might lose their large land holdings and their capacity of keeping the people at the mercy of landlords.

The president is by blood a Madheshi but mentally might be one of the NC and CPN-UML guys. As a person grew up in the Madhesh, President Yadav must have seen how the Madheshis had plowed the land owned by the then rulers but lost the rewards for their labors to the lavish life styles of the rulers. These farmers are not anymore for plowing the land for the absentee landlords that have grabbed the land by virtue of being the parts of the then rulers. So, Madheshis want a state for themselves, and make them the masters of their destiny in the land they toil. This is what we understand federalism and federal states means. If the president is sincere to his people that have elected him to the highest office he would never say that he would not sign off a constitution with the provisions for such divisions, as federal states and federalism are not only the demands of the ethnic communities but also of the Madheshi community, too. Hundreds of brave Madheshi sons and daughters sacrificed their lives for dividing the country into federal states and federalism. Now, the president wants to waste the sacrifices of the blood of so many brave Madheshis stating he wouldn’t give them what they have been already on the half way to receive it.

Whether the people in general and the Madheshis in particular would pardon the president for his stand on not accepting the federalism and federal states or not remains to be seen. If you are one of the believers in federal states and federalism for the development of Nepal, you will believe that nobody will pardon the president for such unwanted irrational stand on the federalism and federal states. In case, the president stuck to his stand on not accepting the federalism and federal states then the people would certainly rise up against it and the fate of the president would be uncertain in this case. Probably, the most generous people would simply impeach him but not so generous people might take him to the gallows for not behaving as a ceremonial president following the Interim constitution of Nepal of 2007 but taking orders from the NC and CPN-UML guys.

At a regular meeting with Prime Minister Dr. Baburam Bhattarai on Thursday, April 19, 2012, President Dr. Ram Baran Yadav has congratulated the prime minister on his success in pushing the peace process forward, and asked the prime minister to form a national unity government for smoothly promulgating a new constitution on time. The president needs to make it clear whether a national unity government is the government President of NC Sushil Koirala has been demanding to form under the leadership of his parliamentary party leader Ram Chandra Poudel or a government as claimed by Chairman Prachanda and Prime Minister Baburam Bhattarai. Mr. Koirala himself did not dare to claim the office of prime minister, as he was not elected to the parliament. Chairman of UCPN-Maoist Prachanda and his deputy and current Prime Minister Dr. Baburam Bhattarai have been for forming a national unity government and inviting the NC leaders to join the Bhattarai government. No matter which government the president has asked the prime minister to form, in both cases, the ceremonial president is interfering in the business of the political parties and once again the president is backtracking on the democratic values.

Could the president be another Gyanendra in other words a dictator? Nepalis have been politically well awakened. In addition, the time is not of the mid twenty century but of the second decade of the 21st century. Trying to be a dictatorial, the president will dig a grave for himself and for his fellow activists, too. The president will set the country again to political chaos causing violence. This is certainly against the people’s aspirations for a lasting peace and the rule of law. The president is supposed to protect the constitution but not signing off a new constitution crafted by the elected people’s representatives he would break the rule of law and violate the Interim Constitution of Nepal of 2007. That is enough for the people voicing for the rule of law to fight against the president’s irrational action of not signing off a new constitution. As such, if anybody were to take absolute power then s/he would put her/his life at risk, and put the country on a chaotic path.

Opening the eighth convention of Nepal Buddhijivi Parishad in Lalitpur on Saturday, April 14, 2012, senior leader of CPN-UML and former Prime Minister Madhav Kumar Nepal has said that former King Gyanendra has been "conspiring against loktantra (democracy)" and warned that he would be arrested and jailed if he were to continue such activities; the CPN-UML leader has warned that the security of the former King Gyanendra would be withdrawn, too; it was not clear what provoked the former prime minister to make such remarks against the former monarch, but Gyanendra had said in his New Year day (April 13 according to the official calendar of Nepal) message that the people of the country aspire for a "democratic constitution," nepalnews.com writes on April 15, 2012.

Prime Minister Dr. Baburam Bhattarai also had accused dethroned King Gyanendra of conspiring against the peace process but the prime minister had not specify how Gyanendra had been conspiring against the peace process. However, the prime minister stopped short of stating taking any actions against Gyanendra.

Speaking to a group of reporters at his official residence Baluwatar on Saturday, March 03, 2012, Prime Minister Baburam Bhattarai has said that ex-King Gyanendra is hatching conspiracy against peace process and constitution "from behind the curtain" and that his 'activism' is not a good sign at a time when the country's political transition is nearing to end; the Gyanendra's recent statement that democracy and nationality were at stake smacked of conspiracy, and the recent blast in Kathmandu were part of a 'conspiracy' to push the country into conflict and derail the peace process and the constitution-making; the democratic and communist forces should unite to thwart the conspiracy, nepalnews.com writes. Gyanendra’s brief conversation with the local media persons in Sunsari before opening a Hindu religious function on Thursday, March 01, 2012 implied that democracy and national existence were in dangers according to the nepalnews.com news.

Recently, Gyanendra has increased his public appearances attending religious functions in Biratnagar in the east and Dhannagadi in the west in March 2012 drawing pro-monarchy supporters and loyalists. A small group of his supporters shouted slogans asking him for coming back to the politics and saving the country in Biratnagar. Such things have been regular occurrences wherever he has visited. However, in the west, his supporters have gone around in motorbikes in the show of strength and the support for Gyanendra. He also had made a high-profile visit to India in February 2012. Gyanendra also has said that the law and order situation have been deteriorating in the country.

The government has scaled down the security of Gyanendra replacing the Nepal Army with the Armed Police Force personnel. The Nepal Army has pulled out its twenty-five officials deployed under the command of Major for the security of former King Gyanendra Shah from the Nagarjuna Palace following the government's decision made six months ago; instead the government has deployed fifty Armed Police Force (APF) under the command of a Deputy Superintendent for the security of Gyanendra according to the news posted on the nepalnews.com on Saturday, April 14, 2012.

With the pullout of the army men from the security of Gyanendra, the government has effectively severed the direct link of Gyanendra with the Nepal Army. He might have indirect connections through his relatives and well-wishers serving in the Nepal Army but such connections will be loose ones that would not threaten the mobilization of the army by Gyanendra to make a comeback to power.

The question is whether Gyanendra could make a comeback. Some political experts believe that the possibility of he making a comeback is as good as a corpse coming back to life. However, nothing is impossible. So, the possibility is there for Gyanendra to make a comeback but he himself makes it impossible for not spending even a penny on his supporters. He wants his supporters bring him his throne back on a platter but such nothing is not going to happen. Anybody willing to have the support needs to spend something on his or her supporters, too.

Some people believe that his father Mahendra had stashed away a large amount of people’s money in Swiss banks. Gyanendra himself has a number of large business companies and even cash, too but Gyanendra is a stingy person. He does not spend a single penny on his supporters. One of the diehard monarchists Kamal Thapa has been running out of money for marching the people on the streets or holding a rally in support of the monarchy. Recently, Kamal Thapa could hardly bring even a few people to the streets with banners and placards or hold a rally in Kathmandu or anywhere else. A few people rallying behind Gyanendra have been doing so in anticipation of Gyanendra making a comeback and then they would enjoy having some benefits. Support of such people would not last long. Even the support of Kamal Thapa for the monarchy has been fading away.

However, Gyanendra could still count on support of some singers, artists, intelligentsia and politicians other than Kamal Thapa if Gyanendra willing to spend some of his money on them he could effectively revive the support of these guys. For example, in one of his TV interviews, Kumar Basnet had said that he was a monarchist; one of the NC leaders Khum Bahadur Khadka met with Gyanendra at the temple to Lord Pashupati in Kathmandu even after Gyanendra was dethroned. Even now, the NC has many leaders and even cadres empathetic to Gyanendra. Some of the NC leaders left the party in protest against the party deleting the provision for a constitutional monarchy from its statute.

If Gyanendra indulges in illegal activities and incites his supporters to violence then he should land in a jail without delay. His father had killed a number of NC cadres for demanding the reinstatement of democracy in 1960s. Similarly, Gyanendra had shot some of the demonstrators that had demanded reinstatement of democracy in 2006. Some of them died, many of them injured. One of them died recently. For example, Shyam Mali a 42-year-old man injured in the People’s Movement II of 2006, died on Tuesday morning, April 17, 2012; Mali, a permanent resident of Dhapakhel-2, Lalitpur had been shot while taking part in a mass protest against former king Gyanendra-led royal regime, nepalnews.com writes. So, the government must immediately put Gyanendra in a jail if he has been trying to hijack democracy and make a comeback.

Gyanendra is now a common folk; so, he enjoys the fundamental human rights as every citizen enjoys. As a citizen, he has the rights to be concerned with the political situation and the sovereignty of the country; and he also enjoys the freedom of expression but he should not simply watch and listen to his supporters shouting him to make a comeback and save the nation. Nobody knows whether Gyanendra has incited them to shout such slogans or these slogans are spontaneous expression of support for Gyanenddra. In both cases, he needs to stop them from shouting such illegal slogans but not doing so he has violated the law and has been subject to punishment by law. The government and even Madhav Nepal for that matter could take legal actions against Gyanendra and demand the Court to put him to a jail for that matter following the rule of law rather than threatening him to put into a jail.

What right Madhav Nepal has to publicly accuse Gyanendra of "conspiring against loktantra (democracy)" and then threaten him to put in a jail? Mr. Madhav Nepal needs to take this issue to the Court and prove that Gyanendra has been conspiring against democracy and demand the Court to put Gyanendra in a jail otherwise Madhav’s public comments on putting Gyanendra in a jail causes the contempt for reputation of Gyanendra; for which Gyanendra could file a case of tarnishing his reputation in the Court and demand the Court for redressing the contempt for his reputation.

Similarly, Prime Minister Dr. Baburam Bhattarai also needs to prove whatever accusations he has made against Gyanendra in public and take administrative actions or take the case to the Court for punishing Gyanendra for his illegal activities.

However, the Nepalese leaders have the hangover of the past rulers staying above the law. Anybody staying above the law should be made the thing of past; now we are living in the Federal Democratic Republic of Nepal; everybody no matter whether s/he is a prime minister or a leader of a political party needs to follow the rule of law. Charging anybody of felony without proof is certainly the violence of law and subject to punishment.

In the real democratic countries, people with criminal background are barred even from serving at schools, barber shops, manicure and pedicure shops for the security of the customers but in Nepal we have so many allegedly criminals and even convicted criminals have been serving in the army, police, in the parliament and so many in the political parties, too, as the new rulers of Nepal hold on to the mindset of the past rulers staying above the rule of law. For example, Speaker Subhas Nemwang has been unable even to suspend Lawmaker Balkrishna Dhungel representing the UCPN-Maoist convicted of a murder, former Prime Minister Madhav Nepal promoted the army officer allegedly involved in enforced disappearance to the second-in-command of the Nepal Army, Madhav Nepal and his Defense Minister Bidhya Bhandari in 2009 refused to turn over Major Niranjan Basnet indicted for torturing and killing a minor Maina Sunuwar in 2004 to the Kavre District Court for pursuing the criminal case against him despite the repeated demands of the national and international human rights organizations to do so. Leaders of the so-called Democratic Party NC have always demanded the return of the properties seized by the then Maoists during the conflict period stating they have illegally seized the properties and should be returned to the rightful owners. It sounds these NC guys are for the rule of law but they have never demanded the government put the convicted lawmaker to a jail and never demanded former Prime Minister Madhav Kumar not to promote the allegedly criminal to the second-in-command of the Nepal Army and never spoken out for turning over Major Basnet to the Kavre District Court. Even Gyanendra would have been in a jail rather than in the cozy Nagarjun Palace if the successive governments headed by late Girija Prasad Koirala and other leaders of UPCN-Maoist and CPN-UML after the People’s Movement II in 2006 had followed the rule of law. We need to change this mindset of the politicians and rulers and people in general and follow the rule of law putting criminals in jails no matter whether s/he is Gyanendra or Balkrishna Dhungel.

To be continued.