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Govt officials set to skip Geneva UN rights meet

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THE KATHMANDU POST | FRIDAY, FEBRUARY 22, 2013<br />

Congress leaders prod party<br />

honchos against CJ-led govt<br />

POST REPORT<br />

KATHMANDU, FEB 21<br />

THE second rung leaders of<br />

the Nepali Congress on<br />

Thursday reached out <strong>to</strong> the<br />

party leadership and warned them<br />

not <strong>to</strong> compromise democratic<br />

norms and values, and the principle<br />

of separation of powers while<br />

accepting Chief Justice Khil Raj<br />

Regmi as the head of the <strong>to</strong>-beformed<br />

election government.<br />

At least two dozen Central<br />

Working Committee (CWC) members<br />

led by former Deputy Prime<br />

Minister Sujata Koirala had<br />

reached the residences of party<br />

President Sushil Koirala and Senior<br />

Leader Sher Bahadur Deuba <strong>to</strong> ask<br />

them not <strong>to</strong> ignore the party decision.<br />

The party had instructed the<br />

POST REPORT<br />

KATHMANDU, FEB 21<br />

A DAY after the major political<br />

parties formally asked<br />

Chief Justice Khil Raj Regmi<br />

<strong>to</strong> head an election government,<br />

senior leaders,<br />

including Prime Minister<br />

Baburam Bhattarai, held<br />

consultations with the legal<br />

fraternity on Thursday concerning<br />

the handing over of<br />

executive authorities <strong>to</strong> the<br />

incumbent head of the<br />

judiciary.<br />

The legal consultation<br />

came after CJ Regmi<br />

expressed reservations over<br />

a number of issues put<br />

forth by the parties. At the<br />

<strong>meet</strong>, lawyers diverged on<br />

whether the CJ could be<br />

made head of government<br />

citing conflicting provisions<br />

in the Interim<br />

leadership not <strong>to</strong> compromise on<br />

democratic ideals and go against<br />

the principle of separation of powers<br />

while accepting CJ Regmi as the<br />

head of an election government.<br />

“We asked both the leaders<br />

not <strong>to</strong> cross the party’s mandate,”<br />

said NC CWC member Chandra<br />

Bhandari.<br />

According <strong>to</strong> Shanker<br />

Bhandari, another CWC member,<br />

they questioned the acumen of the<br />

party leadership that it had grossly<br />

failed <strong>to</strong> address serious issues<br />

such as democracy, nationality and<br />

party ideology.<br />

During the <strong>meet</strong>ing with party<br />

leaders, President Koirala assured<br />

that no compromise would be<br />

made against the party line and<br />

democratic values. “To accept the<br />

CJ as the election government head<br />

Lawyers suggest Cabinet under Regmi possible<br />

Constitution. Article 106 of<br />

the constitution states that<br />

a sitting justice can be<br />

deputed on matters of<br />

national concern upon<br />

consent from the Judicial<br />

Council, a constitutional<br />

body mandated <strong>to</strong> deal<br />

with the transfer, promotion<br />

and other policy issues<br />

concerning judges.<br />

Advocate Borno Bahadur<br />

Karki advised that the CJ<br />

could be given authority <strong>to</strong><br />

head the election government<br />

citing this provision.<br />

However, Advocate<br />

Purnaman Shakya maintained<br />

that the provision<br />

calls for deputation but<br />

does not envision the transfer<br />

of executive authority.<br />

Shakya said that the proposed<br />

political mechanism<br />

involving <strong>to</strong>p political leaders<br />

should not interfere in<br />

All the lawyers<br />

invited for talks,<br />

however, did not<br />

agree the move<br />

would be lawful<br />

the workings of the election<br />

government and that the<br />

executive authority should<br />

be vested in the government.<br />

CJ Regmi, however,<br />

has <strong>to</strong>ld parties that he will<br />

require complete independence<br />

of the poll government<br />

from the political<br />

mechanism.<br />

Advocate Raman<br />

Shrestha <strong>to</strong>ld the <strong>meet</strong>ing<br />

that a political declaration<br />

would be necessary even if<br />

was a compulsion but we will not<br />

compromise the basic norms and<br />

values of democracy while accepting<br />

the proposal.” But Koirala did<br />

not elaborate the compulsion he<br />

had faced.<br />

The duo tried <strong>to</strong> persuade the<br />

dissatisfied leaders saying that<br />

‘they were enough informed<br />

about the challenges confronting<br />

democracy and nationality in case<br />

the CJ led the new elec<strong>to</strong>ral government<br />

in the given circumstances.’<br />

The party leadership never calculated<br />

the intent of the proposal,<br />

said Chandra.<br />

In the <strong>meet</strong>ing with Deuba, the<br />

leaders expressed the same kind of<br />

reservation that they did with<br />

Koirala and drew his attention that<br />

the move could invite a serious<br />

constitutional crisis if the CJ was<br />

the parties are considering<br />

removing constitutional<br />

difficulties by evoking<br />

Article 158. “If there is a<br />

political declaration, then<br />

the Supreme Court cannot<br />

interfere even if the decision<br />

<strong>to</strong> appoint the CJ as<br />

executive head is challenged<br />

before it,” Shrestha<br />

<strong>to</strong>ld the Post.<br />

Former At<strong>to</strong>rney<br />

General Mahadev Yadav<br />

maintained that even<br />

removing constitutional<br />

difficulties may not suffice<br />

and suggested amending<br />

the constitution based on<br />

political consensus. “One<br />

can remove constitutional<br />

difficulties but the provision<br />

<strong>to</strong> make chief justice<br />

the executive head is not<br />

envisioned by the Interim<br />

Constitution,” said Yadav.<br />

CPN-UML Vice-chair-<br />

given the helm of the government.<br />

Deuba also admitted that<br />

getting the CJ <strong>to</strong> lead a poll<br />

government was out of compulsion<br />

and that the party may rethink<br />

it if it undermined the party ideology,<br />

democratic values and was<br />

against the spirit of the separation<br />

of powers.<br />

“To safeguard democracy and<br />

nationality, NC is ready <strong>to</strong> go for<br />

an agitation but it will not<br />

compromise at any cost,” Deuba<br />

<strong>to</strong>ld his juniors.<br />

“I admit that it was a mistake <strong>to</strong><br />

accept the CJ as the head of the<br />

new government and the feeling is<br />

shared by the party rank and file. To<br />

take a call on the election government,<br />

we need <strong>to</strong> convene a CWC<br />

<strong>meet</strong>ing at the earliest,” Shanker<br />

quoted Deuba as saying.<br />

man Bam Dev Gautam,<br />

who attended Thursday’s<br />

<strong>meet</strong>ing, <strong>to</strong>ld the Post that<br />

the lawyers said that nothing<br />

can prevent the parties<br />

from seeking the people’s<br />

mandate. Gautam, who<br />

sounded optimistic about<br />

parties’ securing a deal on a<br />

CJ-led government, said<br />

that the Cabinet would forward<br />

an ordinance <strong>to</strong><br />

President Ram Baran Yadav<br />

asking him <strong>to</strong> remove constitutional<br />

difficulties.<br />

The Nepal Bar<br />

Association, an umbrella<br />

organisation of lawyers,<br />

was not invited <strong>to</strong><br />

Thursday’s legal discussion<br />

by parties as it has s<strong>to</strong>od<br />

against the CJ-led government,<br />

arguing that such an<br />

appointment would breach<br />

the principle of separation<br />

of power.<br />

16 s<strong>to</strong>len vehicles seized<br />

SYANGJA: The District Police Office, Syangja<br />

seized 16 illegal jeeps operating in rural<br />

areas. The vehicles were impounded as they<br />

were brought in by evading taxes and<br />

3<br />

installing duplicate engines, police said.<br />

The DPO is preparing <strong>to</strong> send the vehicles<br />

<strong>to</strong> the Department of Revenue Investigation<br />

for action. Deputy Superintendent of<br />

Police Somendra Singh Rathaur said<br />

the four-wheelers were seized after they were<br />

proven as s<strong>to</strong>len. (PR)

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