Rule Of Law Vs. Rule of Cabinet’s Decision

Siddhi B Ranjitkar

After the intense pressure of the Public Accounts Committee (PAC) and other political leaders, the Cabinet took a decision on Sunday, April 11, 2010 on annulling its previous decision taken on March 23, 2010 on awarding the contract for printing machine-readable passports (MRPs) to the Indian government-run company at US$ 4 per piece of printing. The government of Madhav Nepal has cancelled the international bids for printing MRPs on December 4, 2009 paving the way for awarding a contract for the same to the Indian government–owned company despite the price benefit from awarding the contract to the lowest international bidder. Obviously, the Madhav government wants to make money for the Prime Minister and the concerned minister from the billion rupees business of printing MRPs.

Speaking to the reporters for informing the public about the decisions made by the cabinet, spokesman for the government has said that the government has decided to call fresh bids for printing MRPs honoring the instructions of the PAC on this matter; the Ministry of Foreign Affairs will inform the Indian company on the government’s decision on calling fresh bids for printing MRPs.

The Madhav government has taken the decision on calling fresh bids for printing MRPs under the intense pressure of the PAC members and the leaders of the UCPN-Maoist that have even called for the shutdown of Nepal on April 12, 2010 in protest against the contract for printing MRPs given to the Indian government–run company without following the instructions of the PAC that has asked the Madhav government for following the Public Procurement Act of 2006 for awarding the contract. The UCPN-Maoist has called off the shutdown of Nepal after the government’s decision on annulling the previous decision on awarding the contract for printing MRPs in India.

Speaking at a press meet held by the Press Union of the Morang District at the Koirala Residence in Biratnagar before returning to the capital on April 10, 2010, Deputy Prime Minister holding the portfolio of Foreign Affairs Sujata Koirala has said that the MRP printing issue should not taint the image of Nepal and should not hurt the friendly relations between the two countries. She has also said that the government will honor the ruling of the Supreme Court of Nepal on printing MRPs.

On Friday, April 10, 2010, again the PAC has issued directives to the government of Prime Minister Madhav Nepal for following the Public Procurement Act of 2006 for awarding the contract for printing MRPs. The PAC has repeatedly instructed the Madhav government to follow the rule of law for printing MRPs on time. However, Prime Minister Madhav Nepal has failed to listen to the PAC.

Replying to the questions of the members of the PAC on April 05, 2010, Prime Minister Madhav Nepal has said that his government has negotiated with India and decided to print MRPs at the Indian government-owned company due to the short time available for meeting the deadline for issuing MRPs and India has committed to provide the government with additional support for running the MRPs in Nepal. Members of the PAC has been asking the Prime Minister why his government has defied the PAC’s directives to award the contract for printing MRPs following the Public Procurement Act of 2006 and awarded the contract for printing MRPs to the Indian government–run government without following the Public Procurement Act of 2006.

The International Civil Aviation Organization (ICAO) has made the provision for all developing countries to issue MRPs starting on April 01, 2010. Any other passports issued from that date onwards would not be valid for the international travel. As the Ministry of Foreign Affairs would not be able to issue MRPs on that date, it has issued a public notice to all Nepalese citizens for rushing to receive passports by March 31, 2010 stating such passports will be valid for the international travel until November 24, 2014. The Ministry has worked days and nights including the off days to issue passports.

Deputy Prime Minister Bijya Gacchedar has said on April 07, 2010 that the government has made the decision on printing MRPs in India based on consensus of all ministers on this matter; the government has to award the contract for printing MRPs to the Indian company because the officials of the Ministry of Foreign Affairs have delayed the processing of bids for awarding the contract for printing MRPs. However, he has acknowledged that the government has done the worst thing disregarding the directives of the PAC on following the rues and regulations for printing MRPs.

Deputy Prime Minister holding the portfolio of Foreign Affairs Sujata Koirala has said on Thursday, March 11, 2010 that the government should entrust the job of printing MRPs to the Indian government-owned Security Printing and Minting Corporation without delay as it has been shameful to the government not to meet the deadline set by the ICAO for issuing MRPs according to the news posted on the website of the state-run newspaper ‘The Rising Nepal’ on March 12, 2010. She also has wondered why the proposal for the same she has submitted to the cabinet almost two months ago has not been approved, yet. She has claimed that the Indian government-run company has submitted the proposal for printing MRPs ahead of any others; so the government has picked out the company for the job. She has assured Nepalis of the Indian company not keeping any data concerning the individuals as the tasks of printing MRPs and photo numbering would be done in Nepal; India would even construct a building in Nepal for printing MRPs.

In order to inform the government’s decisions on various matters to the public, speaking to the reporters on March 19, 2010, Minister for Information and Communications Shankar Pokharel has said that the cabinet has authorized the Ministry of Foreign Affairs (MoFA) to award the contract for printing MRPs in India according to the news titled ‘Khatiwada appointed Nepal Rastra Bank governor’ published in the state-run newspaper ‘The Rising Nepal’ of March 20, 2010. The newspaper has quoted Minister Pokharel "As the deadline for issuing MRPs is nearing, today’s cabinet meeting delegated all rights to the MoFA to carry out printing process of MRPs by maintaining bilateral relationships with the Indian government."

The state-run newspaper ‘The Rising Nepal’ of March 20, 2010 has also reported in the same news item that the meeting of the two main ruling coalition partners such as NC and CPN-UML held at the Prime Minister’s Office has agreed on appointing Vice-chairman of National Planning Commission (NPC) Dr. Yubaraj Khatiwada to the new governor of Nepal Rastra Bank: the Central Bank of Nepal. The two major partners in the governance have been sharply divided over the appointment of a governor to the Nepal Rastra Bank. Following the law concerning the Central Bank of Nepal, the government of Prime Minister Madhav Nepal needed to appoint a governor to the Central Bank one month before the incumbent governor retires but Madhav Nepal did not care about the law but took the stand on appointing his henchman Dr. Khatiwada to the position of a governor of the Central Bank of Nepal. Thus, Madhav Nepal has been repeatedly bullying the rule of law.

The Cabinet has put on hold the decision on the proposal submitted by Deputy Prime Minister Sujata Koirala for awarding the contract for printing MRPs to the Indian government-owned company called Security Printing and Minting Corporation. Deputy Prime Minister holding the portfolio of Foreign Affairs Sujata Koirala has been adamant on the proposal and lobbying to award the contract for printing MRPs to the Security Printing and Minting Corporation according to the state-run newspaper ‘The Rising Nepal’ of March 20, 2010.

Speaking to the reporters after the cabinet meeting on Thursday, February 25, 2010, Minister for Home Bhim Rawal has said that the cabinet meeting has rejected the proposal of the Ministry of Foreign Affairs for awarding the contract to the Indian Company according to the state-run newspaper ‘The Rising Nepal’ of February 26, 2010.

The PAC has issued directives to the government to follow the competitive process for printing MRPs as prescribed in the Public Procurement Act of 2006. The PAC has instructed the government to pick up one of the four selected companies from the earlier bidding to print the MRPs, as the bid was found to be fair according to ‘The Rising Nepal’ of February 26, 2010. Two French companies, one Finnish and a Singaporean company have submitted bids for printing MRPs in 2009.

Speaking at the interaction program held by the Reporters’ Club in Kathmandu on Saturday, February 27, 2010, Deputy Prime Minister holding the portfolio of Foreign Affairs Sujata Koirala has accused Chief Secretary Madhav Prasad Sharma of tricking the Ministry of Foreign Affairs on submitting four different proposals for printing MRPs on the Thursday’s cabinet meeting, and has asked Prime Minister Madhav Nepal to immediately fire the Chief Secretary according to the state-run newspaper ‘The Rising Nepal’ of February 28, 2010. Madam Koirala has said that the Chief Secretary has repeatedly put her Ministry’s proposals for printing MRPs in different countries under the carpet rather than submitting them at the cabinet meeting.

Referring to the instructions of the PAC given to her ministry on February 25, 2010 for following the Public Procurement Act of 2006 for awarding the contract for printing MRPs, Madam Koirala has snubbed the PAC saying it has no authority to instruct her to do this and that; it could only suggest her what to do next; and she has firmly said that the MRPs would be printed in India.

Finding no convincing replies following the questioning of Deputy Prime Minister holding the portfolio of Foreign Affairs Sujata Koirala and Secretary to the Ministry of Foreign Affairs Dr. Madan Kumar Bhattarai concerning the printing of MRPs on February 14, 2010, the PAC has directed the Ministry of Foreign Affairs to submit all the documents concerning the bids for printing MRPs within a week according to the state-run newspaper ‘The Rising Nepal’ of February 15, 2010.

Responding to the questions of the members of the PAC, Madam Koirala has said that MRPs would be available for issuing starting on the day of the deadline set for it and has said that the technical problems have caused the delay in printing MRPs. She has also told the PAC members that her Ministry has been evaluating an offer made by an Indian company for printing MRPs and sending a technical team to India for a study on it.

The PAC has served subpoena to Madam Koirala and the Secretary to her ministry, as the ministry has failed in making a timely decision on printing MRPs even though the April 1, 2010 the deadline set for issuing MRPs would possibly be missed.

The Ministry of Foreign Affairs has cancelled the international bids called for printing MRPs on December 04, 2009. The Ministry has called for international bids for printing MRPs, and has selected four major bids that are candidates for awarding the contract for printing MRPs. However, the Ministry has cancelled all the bids giving the technical reasons. The PAC members have been against the ministry terminating the international bids and have said that the minister has no authority to do so.

The Madhav government has been bullying the rule of law and has been doing everything possible through the decisions of the cabinet meeting following the tradition set by the autocratic family rulers in the past. Madhav Nepal and his co-workers have no feeling for following the basic principles and norms of the rule of law. They believe that they could do everything if they get those things passed by the cabinet. Thus, they have put the cabinet above the law and doing everything possible for benefiting themselves at the cost of institutionalizing the rule of law in Nepal. They have bullied the international pressure on not promoting Toran Jung Bahadur Sing indicted for the enforced disappearances to the second-in-command of the Nepal Army.

April 16, 2010.