Conspiracy Against Interim Constitution?

Another Janandolan if Interim Statute delayed, warns Prachanda:

Maoist Chairman Prachanda has warned the government of another “Janandolan” if the Interim Constitution is not issued by the end of this Nepali month (January 14). He, who made the comment while talking to journalists in Dolakha on Jan 5 said that the government and the Maoists had already reached an agreement to issue the Interim Statute by Jan 9. He also claimed that the Nepali people “would rise in rebellion” at their (Maoist) call if a situation is created where the constituent assembly elections cannot take place. “What I think is- let’s not say by January 9- but if the interim constitution is not issued, interim legislature not formed, by the end of this (Nepali) month (Jan 14), then we won’t be left with any other alternative; we will go for protests,” Prachanda said. (source)

By Prakash Bom in New York

Prime Minister and Nepali Congress president Girija Prasad Koirala who played major role in the ongoing peace process- before and after the peoples’ movement II- is shifting his gear with the regressive force. Koirala, his party and Seven Party Alliance must not forget less than a year old historic event that has reinstated the dissolved Parliament; that has united people to proclaim nation’s sovereignty; and that has demanded the establishment of complete democracy in Nepal.

It is shame on Koirala who has failed to take the responsibility promulgating Interim Constitution on which every provision he has already signed and committed. He should have kept in his mind that the interim constitution is not end but means to achieve the final goal (elections of the constituent assembly for drafting a new constitution). Therefore the provision to appoint justices of the Supreme Court by the PM with the recommendation of the constitutional counsel would not undermine the independence of the judiciary. We must not forget that current judges are not appointed through the electoral process of the Parliament.

The conclusion made by the Supreme Court Justices on this provision of the Interim Constitution for the necessary amendment has failed to lay the alternative provision. (see the box item below) As legal experts of the nation if they can only pinpoint the flaw but do not have any democratic suggestion for the amendment then it only reflects their intention tainted with the regressive conspiracy.

Supreme Court Justices of Nepal have been appointed arbitrarily with the grace of the monarchy and they have nothing to offer than to stick with the status quo. What is their intention in speaking against this provision of the Interim Constitution? Obviously they do not want to be appointed by the representatives of the people but by their gracious and arbitrary feudal oligarchic monarchy.

It is clear to any rational individual who understands electoral or competitive democratic process that the judiciary of which justices is appointed without Parliamentary hearing cannot reasonably seek independence of their judiciary.

The provision for the appointments of the justices of the Supreme Court of Nepal in Interim Constitution should be the popular democratic procedures that implement three electoral steps.

1. The Prime Minister or the Constitutional Counsel nominates the candidates for the Parliamentary hearing and voting procedures.

2. The Parliamentary processes the hearing and voting procedures for the candidates and recommends the candidates for the appointment.

3. Then the Prime Minister or the Constitutional Counsel appoints the candidates as Supreme Court Justices.

All constitutional and diplomatic appointments of the government must not escape the approval of the representatives of the people of Nepal.

SC justices concerned over judicial independence:

The Supreme Court (SC) Justices on Friday (6 Jan) concluded that the provision pertaining to the judiciary in the Interim Constitution was in contradiction with the notion of independent judiciary. A Full Court of SC Justices today agreed that some provisions regarding the judiciary in the interim constitution were “against the spirit and essence of independent judiciary.” The SC Justices will meet again on Sunday (8 Jan) to prepare the suggestions to be submitted to the government regarding the necessary amendment to the Interim Constitution, a justice present in today’s meeting said. Meanwhile, it has been learnt that Chief Justice Dilip Kumar Paudel and number 2 SC Justice Kedar Prasad Giri are of the opinion that it would not be appropriate to make suggestions regarding the interim statute, already finalized by the eight political parties. But SC Registrar Ram Krishna Timilsina said that the SC justices had the right, both as a citizen as well as the member of the institution (judiciary), to raise their concerns, if any, over the provision of judiciary in the interim statute. (source)

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37 thoughts on “Conspiracy Against Interim Constitution?”

  1. There is a conspiracy against the CA elections by the Maoists. If they had laid down their weapons last month, by now the date of the elections would have been announced. If they keep on forgetting their promises, the more the delay. How can we hold elections in a free and fair manner without managing the weapons of the Maoists? Their cadres too need to be kept inside camps. Their militias need to be separated from the weapons otherwise they will bully and terrorize the voters.

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  2. What revolution will Prachanda do? He has been out-smart, out-witted and won over by G.P. Koirala, the Nepali Nobel Peace laureat. Now, Prachanda can only shout, give nonsense remarks and roam around the countryside like a mad wolf. He has totally lost the war. His cadres don’t seem to be with him (example of police post re-establishment), his own dictates are not being abided by anyone, nobody is afraid of his name and the CA elections is not going to be held. Koirala is the most smart man, that ever can be.

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  3. UWB

    Will you, please, clarify Prakash Bom’s position in this blogsite. What he is? A columnist like Dinesh Wagle or a partner in ownership or a guest writer or a surfer commenter or every thing in one?

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  4. Funny, the old dimwit GPK outwitted himself in the interim constitution fiasco. How he must be regretting on pushing for all powerful PM now that he suddenly realizes that he is about to hand the power to the communist camp. How long will it be before Prachanda, the fierce one becomes the all powerful PM backed by the communist coalition (hasn’t anyone noticed how hard the communist camps are pushing for the promulgation of interim constitution at the earliest?) and legalized by the interim constitution whose sole power lies on Janandolan II. If there is anything consistent in Nepali politics, it is this constant natak by the pahade bahuns (too bad there aren’t enough folks like UWB team leading these parties, no pun intended). When will they ever learn?

    Bahunbad murdabad (?)

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  5. After reading this news I see no conspiracy: “Interim Statute will be promulgated within a week, assures Home Minister”. But I am disappointed by what supreme court justices recommended yesterday: they want the removal of words like “the spirit of peoples’ movement’ from the constitution. Bull shit. Who the hell are they to say such things?

    KATHMANDU, Jan 6 – Home Minister Krishna Prasad Sitaula has assured that the Interim Constitution will be promulgated within a week.

    Sitaula’s comment follows a warning by Maoist Chairman Prachanda yesterday that his party would start another “Janandolan” if the government fails to issue the interim statute by the end of the Nepali month of Paush (Jan 14).

    Speaking at the 11th Annual General Meet of the Prajatantrik Bichar Samaj, Sitaula said that the delay in arrival of the full team of UN monitors had caused the holdup for the promulgation of the interim constitution and management of arms.

    Claiming that the government and the Maoists had already reached an agreement to promulgate the interim statute by January 9, Maoist Chairman Prachanda, while talking to journalists in Dolakha district yesterday, had warned that the Nepali people would rise in rebellion at his party’s call if the statute wee not issued by Jan 14 at the most.

    The Election Commission, too, made it clear yesterday that the constituent assembly elections would not be possible by mid-June if the interim constitution is not issued soon.

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  6. Conspracies are everywhere if M’s strategies are not going to be fulfilled. Tomorrow if maoist will loose the CA election in terms of majority or substantial votes they will see conspiracy of the Palace.

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  7. I think this time around the maoists won’t be in a position for any janandolan. Their cadres are being categorically killed in the Terai, the Janmukti Morcha are attacking maoists left, right and centre. Also, the SPA are’nt there to support them, the King is a gonner so there is noone to target so easily. The maoists should slow down their rhetoric otherwise they maybe eating their own words, as people have now seen them in the open, and have realised that even they are the same with them breaking all accords left, right and centre. Even common people have been standing up to them. They may end up with a counter revolution in their hands and they know it.

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  8. Prachanda has let loose the dogs of war. He is a bahun, and his over the top campaign over a decade pr so has unleashed something that he has no control over. The madhesis don’t want hill people in there and that very much includes Prachanda and his ilk. The same will go for other groups. I think it is time the bahuns realised that their days are numbered and they have to accomodate everyone. We have been pointing fingures at easy targets, while the bahuns monopolise politics and beyond. Time for them to let go of the reigns before they are made to do so.

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  9. If the maoists have the idea that things will be easier when they join the government they are sourly mistaken. Much easier to run an anti government destruction campaign, but much harder to govern leave alone govern well. Let’s face it they have 15000 Pla’s at most, and their militia are clearly opportunistic bandits (they will swing wherever the opportunity calls) – easy to hide and shoot with no rules, different ball game when you have rules and you are in the open. We hope it ain’t a case of – a good tennage rebel but a lousy abusive father.

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  10. Judges are a bunch of a [icd] and suckers whose minds are filled with regressive ideas and thoughts. They never register a case against their master Gyane but issue weird orders against democratic government. Fire them all and put competent justices.

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  11. Sujan Shrestha: Nobel Lauret and Girija… haha haha you must be joking, right? I am laughinh out laud .. ha ha ha .. Nobel Peace Prize to Girija and Pracahnada being out-wtted by Girija ha ha ha… If Girija Hawaldar get Peace prize, Prachanda should get something like saint-hood by the pope and you should get UN gesec position man. haha ha ha aha aah haa .. I can not stop laughing ha ha aaa haaaa hah a haa

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  12. Boka Sr,

    I think girija is going to get a nobel peace prize and Prachanda is going to get saint-hood from the pope. If Kofi Anan can get a nobel peace prize for his incompetency and increment in violence all over the world, i do not see how it would be impossible for girija to get the award.

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  13. There is nothing wrong in speculating about whoz getting Nobel Peace Prize … At least there are few people who think Girija is worth winning Nobel Peace Prize … If he manages to win we can take pride, if he does not, then its bad luck

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  14. Prachanda has more right to get noble peace prize than Girija because 7 alliances are following the track of the Maoist. If everything goes in right track (peace, development and democracy) as imagined by the people then Maoist should claim the prize first.

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  15. Foreigner in Nepal,

    Then royalist are still that much strong to mobilize JMTT (like maoist before) in terai region? and vandalise in Nepalganj? Maybe JMTT leader is inside Sitalniwas like Prachanda before, isn’t it?

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  16. When will we ever get out of this “blame the third party” mode? The panchayati sasan blamed India for everything. During the 90s, when the contritutional monarchy was in full swing, everything that went on was blamed on the Maoists movement. Then, everything that went wrong during the direct rule of the KIng was blamed on “muththi bhari ka arastriya tatwa”. And now, all misgivings of both the corrupt political parties and the terrorists are blamed on the “feudal” forces. The results for the past “blame the third party” was that all of those incapable rulers were disposed by the people. Now, the SPA-M are again resorting to the same tactics- take no responsibility for what is happening and try and find a target that might go well with the people. If that is the mindset, then what is the point of just latching on to power. The idea is, if you can’t perform, don’t try to find lame excuse- make way for others. This thing about the royalist causing everything (wrong) that is going on right now is just a diversion to take our attention away from the shortcomings of the corrupt politicians and the terrorists who are now working on a war footing to loot this nation. How much longer will they continue to blame others, take no responsibility themselves and then try and hold on to the power.

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  17. I cannot expect Nepal’s corrupt and conservative judiciary to be an asset for Nepal’s transition to democracy and sustainable peace. I also do not think that minor reforms in our judiciary will make it suitable for ‘New Nepal’. We need to do an overhauling. The recent move of the supreme court justice may provide support to my argument.

    Therefore, the political leaders need to impeach the judges who are against the interim constitutuion, and overhaul our judiciary.

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  18. it will be quite a site.. the very corrupt oliticians who can’t seem to get any of their acts together to try and impeach the judges just because they don’t agree with some of the clauses in the interim consitution– very democratic!!

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  19. “Judiciary should be independent from the government but it also have to be responsible towards the people’s power and the people’s power is parliament.”

    But is the current parliament or the interim parliament that will be established “people’s power”? It is only the parliament that will be formed after the elections following the elections of the consituent assembly that will truly be people’s power. So, all these discussions about conspiracy, who should reprot to who, who has power, whose power is very academic discussion and does nothing to change the lives of the people. The SPA and M just get theri act together stop the verbal diarrhea that they are resorting to in order to cover theri shortcoming and commit themselves to a swift, free and fair elections of the consituent assembly. And people from all wakes of like, where it is regressive forces or not, whether we like them or not, whether they all complete agree that SPA-M is the answer to Nepal’s problem or not should be allowed to campaign and run for the elections. This is a time when the Nepalese should be allowed to listen all different points of view and vote in an informed manner.

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  20. The current representatives of the parliament are not the current choices of the people but still it is the power which has reinstated by the April Revolution. Today there is not the representation as per the current wish of the people but tomorrow there will be the representatives elected by the people and at that time that parliament should have to be a supreme power of the country. The judiciary only have to be responsible towards the parliament but not under the parliament. Judiciary, parliament, cabinet, civil society etc all are the parts of the country as like our organs of the body. They all are interrelated and if any one got some difficulties than it impacts to the whole system. They should be independent but not separated.

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  21. Until and unless Supreme Court become independent body the country is not going to be said democratic country. This is nothing but threatened democracy for the sake of SPAM.

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  22. If not through the Parliamentary electoral process how can judiciary can be independent?

    what is the independence of judiciary?

    Is for Justices of Supreme Court to think the greatest of all in the state so that they can do whatever they like?

    The body of judiciary are corrupt since the time of Rana regime and they carry that legacy of justice? The current Justices of Supreme Court are the most corrupt and fanatics of all left over of the feudal oligarchic legacy of Hindu Shah regime.

    Unless they comply to the Parliamentary electoral process of hearing for their appointments their independence will not be established.

    Canditates are first nominated by the Prime Miniser of constitutional counsel for the Parliamentary hearing; successful candidates out of the Parliamentary hearing will be recomendated by the representatatives of people to be appointed to the respective positions.

    That’s why it has to go.

    But it seems most of the bloggers, party cadres, political party leaders and the specialists of the law in the nation do not see the electoral process makes the judiciary independent.

    Perhaps you all are afraid of the electoral process of competition in Democracy.

    If you do not comply to the competitions process of Democracy in what dream you wished bring Democracy in Nepal?

    This question is for those bloggers and GP Koirala to answer honestly.

    For your information you cannot continue for the sake of the country and the people (for justice, developments and civil liberty) with the status quo of the feudal oligarchic legacy in the name of Democracy.

    Ponder on this premise of the reality of the Democracy.

    If you could not ponder over its Dharma (reality) and you are not willing to comply its electoral process then do not ask Maoists to come to the mainstreams of competetive democracy.

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  23. krantikariuk,

    We all know how elections are fought and won in Nepal. We have seen how Bam Dev Gautam swept local polls under ‘democratic’ rule in favor of UML when he was Home Minister and UML was in power.

    Unfortunately, the electoral process itself is corrupt. Govind Raj Joshi, Chiri Baje (Wagle) and Khum Bahadur went scot free when they were corrupt. Before commenting on the corruption of judiciary, think about reducing (if not removing) corruption among the politicians. The present government let rhino killers go scot free. What stopped them from taking any action? Should not the present government be prosecuted?

    What has the interim constitution done to remove that type of malpractices of the politicians? Should not there be provision to make books of accounts of the politcal parties transparent? Should not there be disclosure norms regarding how the political parties collect funds or who the donors are? Should not there be defranchsing of corrupt political leaders?

    How come Makune always becomes General Secretary? How GP is always president of NC? Why not there be system of practice of free elections within the political parties for the central committee rather than president or general secretary nominates his cronies? Your favorite politicians themselves are feudal. Are not your ‘democratic’ political parties following the same oft-repeated oligarchic legacy?

    Your electoral process needs serious reforms before it can be credible. Your political leaders themselves have to embrace democratic practices before they look into other processes of the state.

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  24. krantikariuk,

    “Judiciary has been corrupt since the Rana regime” – And now you are going to rely on the even more corrupt parliamentarians to control an already corrupt judiciary. If not independence from each other then what?
    I’m afraid the judiciary , the legislature (parliament) and the places like the Central Bank would be served better if they are kept far away from each other. Infact, they have historically been poking their noses deep into each others affairs, the faster this is stopped the better.
    And yes a judiciary can be independent exactly by not having parliamentarians poke their noses into their affairs especially when it comes to selection and promotion of judges. Let the judiciary have it’s own system of merit. All the parliamentarians do is poke their unwanted noses into promotion and selection matters of judges, armymen, policemen, beureaucrats, governors – you name it, this is why we have such a bloody mess.
    I’m afraid the sooner parliamentarians learn that they are there to serve and not lord over the rest of us the better – that my friend is democracy, not the comical notion that parliament is supreme.

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  25. I think we are alll bunch of sissies who like our forefather get drunk and talk about politics…….what nepal needs is a turnaround in economic development i.e 360 degrees. We dont need politics. Since more than half of the nepalese are unemployed, they have nothing to do but sit and dine on politics. I have never seen a country that is so poor yet politically charged….why should we let girja and even irratic prachanda dictate our minds…….these people are impeding the development of the country….look at nepal “its a country of bandhs and more bandhs”……At the end of the day …whether we have a democrarcy or a benevolent dictator, people will not compain as long as they have their basic needs…..look at singapore and china for that matter……..man i hate poltics…

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  26. We are Nepali, we always peace and hospitable environment in house, society, town and as a whole country. But how we can re-gain it? Now a days all the major 8 parties are in the same palce to solve problems. We hope it may be success. But currently, government is able to handle so many problems such as, Peace and Security, Education problems, Road problems and to bring out the real and fact roadmap of future Nepal, why? Mawoist are saying one thing today, will say another thing tomorrow, why? Why mawoist are not making suitable environemt to the people who are leaving their house by the cause of mawoist. Why Nepal Communist Party ‘AMALE’ tells something in one place and other thing in other palce? As a whole what they are going to do? The manin problems of country is King, why all parties are not able to say we don’t want king, cause peoples don’t want it. People have a clear roadmpa that is, we don’t want King, War, Conflicts, Road Closed and they gave all responsibility to government but why not here this solution??

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  27. After re-gaining the democracy all the people get chance to be free but not totaly about 25% to say, do, listen, gain somthing what every they want. After that a write came out named ‘Krishna Abrial’ with a novel name ‘RaktaKunda’. I have got chance to read that book on last Magh 2063, but that time I did not like to read that book cause I knew the subject matter of the book was the biggest and bitter violent of ‘RajDarbar HatyaKanda’ and I as well we all know that event and I thought it is not better to remember that event, and we all know who is the benificier of that event. But before a week again I got chance to read that book and I started to read that. Suddenly I knew one new thing which was different than my knowledge, that was ‘Late King Mahendra’s death, we was died by taking Poision and about the matter of ‘Lost of Country’. It means in that book there is written that Mahendra got a order or a force to change the poltical or social rules as under India, given by Soniya Gandi. But Mahendra did that he became victim hemself but was not ready to make change running under the other’s force. Now… I am thinking that now also the condition of the country is as same as that condition. Our Priminister Girija Pd. Koirala is also getting like that force in my view only, so he is thinking that better to take poision or survive getting like that order time by time by many power countries. If really, the condition of the country is like same I request PM Giraja Pd. Koirala say all truth to the people, they are ready to help you any how to bring Peace and Security in Nepal. (Good Luck Giraja Pd.)

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