A Maoist Attempt of Merging the Judiciary into the Executive

Appointment of the SC Chief Justice as the Prime Minister will be Supreme injustice to the people of Nepal.

Political parties in democracy can, of course, be good or bad but most certainly without a capable leadership of political parties, the democratic system will never be anything but bad. –tweaked version of Albert Camus’s quote on free press

By Siromani Dhungana

On January 30, before the Maoists proposed appointing incumbent Supreme Court Chief Justice as Prime Minister, I had written in in this blog: “Democracy in Nepal is on the verge of collapse. Most of the indicators of democracy are either dismantled or dead. The basic notion of democracy- ‘check and balance’- has been destroyed and now there is only the check of the communist-led government.”

Unfortunately, the Maoists have proved me right yet again with their flabbergasting proposal. You don’t have to be a political scientist to know what the Maoists are trying to do is completely against the basic notion of democracy, that is, the check and balance. And, incompetent and shortsighted opposition parties are once again going to be fooled by the UCPN Maoist. And that will cost Nepal’s fledgling democracy dearly.

The propose of appointing incumbent chief justice as the Prime Minister of the country has apparently showed that the largest political party of Nepal is trying to ruin the basis democratic concept ‘check and balance’ among major state organs — judiciary, executive and legislature.

If materialized, the Maoist proposal will not only ruin completely the independence of judiciary but also jeopardize the entire justice system of Nepal. On the other hand, it will also help undermine the importance of political parties in Nepal which will have repercussion in the long run.

It is for sure that the Maoists want to resume their war-time ‘kangaroo courts’ which they operated in villages in a direct challenge to the existing judicial system. Even after ending armed conflict in 2006, the party had floated the idea of reviving ‘kangaroo courts’ in 2007 in an effort to step up pressure against the then interim government headed by NC leader Girija Prasad Koirala.

The Maoists never believed in current judicial system in Nepal. They have constantly argued that this is the one State organ that still represents that feudal, old Nepal. They have constantly flouted Supreme Court decisions. Their senior leaders, including the PM, have every now and then spoken against the judicial system and courts in general. They think, after controlling executive and having had largest number of seats in legislature parliament (dissolved in May 2012), the judiciary is the last  bastion that still remained out of their sphere of influence. The fact that the Maoists couldn’t win notable number of seats in the recently held elections of national committee of Nepal Bar Association despite fighting polls against democratic candidates in partnership with the UML-supported lawyers shows their poor presence in judicial sector.

And now, suddenly, they have this new-found trust in judiciary! Doesn’t sound plausible at all. Those who have been criticizing and flouting judicial decisions are now suddenly seeing ‘most independent and trustworthy’ person in the head of the same judiciary.

And at a time when the SC is already stretched- and is functioning with only around half of dozen judges and can’t fulfill vacant positions because there doesn’t exist a mechanism in the absence of parliament.

And at a time when the SC has issued quite a few orders staying or stopping several controversial decisions of the Maoist-led government including in the case of Dekendra Thapa.

The Maoist proposal does not come as a surprise to me. However, I am really surprised by acts of defenseless opposition parties. It seems our opposition parties do not have guts to protect democracy from a Maoist onslaught.

Opposition parties have once again failed to challenge the card played by ruling UCPN (Maoist) and its political ally Madhesh-based parties. However, their sheer failure to understand Maoist’s plan of appointing CJ as the PM will end their relevancy from the country. Nepali Congress and CPN (UML) as democratic parties (as they call themselves) should reject outright this astounding Maoist proposal. As of today, they have failed to do so because they did not have agenda to put in place first.

On the other hand, Maoists, Madhesh-based parties and opposition parties (NC and UML) discussed the possibility of appointing PM from civil society which shows that they are not politicians rather a flock of an average minded individuals.

Civil society is not meant to get the post of PM. And our politicians should know this better than anyone else. I rather prefer continuity of the incumbent incompetent, corrupt and brazen government then the appointment of so-called ‘neutral personality’ from civil society as a Prime Minister. Similarly, appointment of chief justice will be chief (in)justice to people.

I think consistency and credibility matters in politics. Leaders should show readiness to be adhered to the notion of morality and accountability in democratic system. But here is opposite. All our leaders are trying to ruin democracy pushing peoples’ lives into uncertainty.





3 responses to “A Maoist Attempt of Merging the Judiciary into the Executive”

  1. Dirgha Raj Prasai Avatar
    Dirgha Raj Prasai

    Maoists are going to Capture the Regime with the hint of India

    Maoists-the agents of RAW are very dangerous force who are going to capture the democratic Nepal’s regime. Baburam Bhattarai has proved it and made Indian intelligence wing happy. To become Prime Minister, Baburam Bhattarai agreed with the Madhesi parties on four-point deal, backed by Indian intelligence agency, including ‘One Madhes One State’ and induction of 10,000 Madhesi youth into the national Army. He made Prachanda sign the pact with the support of Indian intelligence agency-RAW and took the support of Madhesi leaders tainted with corruption scandals. How shameful it is such culprit became PM?
    This makes it clear that the Maoists are bent on destroying Nepal. Now, the Maoists are using the double standard opening the Pandora’s Box. The disgruntled former Maoist combatants are blocking the roads and threatening to their own government. These are all the tactics of Maoist for power and money. The Maoists and their combatants are all corrupts and anarchists.
    Yes, it is a matter of grief, as a prime minister, the nonsense technocrat Babauram Bhattarai just destroyed the country. In the year of 2006 in Delhi, Bhattarai initiated 12 point agreement that made Maoist, UML and Congress leaders and so on. Since then unbearable games like republic and secularism were begun in Nepal. In fact Baburam Bhattarai is guilty of acting against the state. Bhattarai is become criminal of ending the existence of Nepal on the direction of Indian intelligence, European countries and Christians. Being a catholic Christian, he wants Christianization of Nepal through the conflicts of ethnicity based federalism. Actually, no one traitor, except Baburam Bhattarai was in post of prime minister of Nepal.
    On the direction of Indian intelligence, scattered Madhesis leaders who are followers of India were gathered and 4 point agreement was made to be Dr. Bhattarai as a PM of Nepal. As he became prime minister just a day after 4 point agreement he initiated to incorporate 10000 Madeshis in Nepalese army, supported anti-national slogan ‘One Madhesh singe province’ and displaced national dress of Nepal. He decided to demolish the statue of Father of nation King Tribhuvan insulting him. King Tribhuvan has made great contribution in revolution of 2007 BS. He denied accepting national unity day and the birth occasion of the founder of big Nepal the great King Prithbinarayan Shah. He tried to implement AD instead of BS. He protected murderers, kidnappers and corrupts and incorporated in his cabinet. Actually Bhattarai obstructing formulation of constitution by CA pulled the country in drain just as newly born baby thrown in boiling water by a doctor.

    Shakun Sherchand writes ‘ The Doctor Who Threw the Baby with the Bath Water’-(15 Jun 2012) ‘Baburam Bhatarai will be remembered the episode as the Dr. who threw the baby with the bath water on the midnight of May 27th 2012, irrespective of what follows. The constitution drafting was nipped and the CA was dissolved. Mother Nepal‘s memory will be the painful realization of the wasteful 9 billion rupees spent to abort a constitutionally malnourished nation of unequal citizens. The death of the CA makes the incumbent PM both illegitimate and wrong. The major party leaders of the Maoist, Congress and UML Bahun leaders (at least 15-20) are obviously responsible for the failure of curtailing the constitutional process. What political acumen did Baburam use in overcoming the constitutional crisis, besides claiming the position of PM unconstitutionally? He is known publicly as the Dr. who destroyed much and acclaims greatly. Since there is no constitutional law that binds party whipping in drafting the constitution, the brutal act of the party leaders on the CA members is unpardonable.’
    Now, in Nepal the traitors and corrupt forces have been making fool the Nepalese people. They should punish with cause.Now, Nepalese people are conscious and aware. The traitors lifted by India will be brought to trials. The sovereign Nepalese people are ready to sacrifice themselves for saving their nation. If there is no royal institution it would not only hamper in Nepal but India also will be plagued by terrorist activities. We say to those conspirators inside and outside the Indian government to stop discrimination, suppression and the suicidal acts to divide Nepal and Nepalese people. Nepalese are ready to shed their blood to save their country. With the dissolution of the CA, which is the strategic result of Indian conspiracy, the interim constitution is also dead. Now the 1990 constitution must come into effect with the active support of all patriotic forces, Nepal Army and the permanent organs of the state.
    Thank you

    Dirgha Raj Prasai

    The Nepalese Newspapers had published the report when Prachanda resigned from his cabinet formed after CA election and visited Switzerland with Baburam Bhattarai to deposit Rs. 10 billion. The editorial of the American newspaper ‘News Blaze’ published in California had clarified on this issue and published an article by Halasi Bas-Assistant Manager of the Central Bank of Switzerland, writes an impassionate article that Nepali people must take initiative to take the money deposited by Maoists. If you want the full portion of the Bank Balancing please search Google > “Maoists’ huge amount of money from Indian Banks to major Swiss Banks:‘ Then, we can read all the article by Halasi Bas. ‘The leaders of the Maoist party including ministers of the present Nepal government, namely, Prachanda (Pushpa K. Dahal) were here to transfer a huge amount of money from Indian Banks to major Swiss Banks. This story sounds very unlikely primarily because the Maoists have not been that long at the helm in Kathmandu. Also they have been able to ‘flash an incorrupt image’ to date to the people as they tell ‘proletariats’. It has also been said that some European Union members are helping the Maoists to transfer money to Swiss Banks.’

  2. Jiwan Tamang Avatar

    We need constitution….peace Nepal and manageable resources….

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