Nepal’s Chief Justice of Supreme Court has got Fizzle out
By Dirgha Raj Prasai:
Nepal 8 March 2013. The Maoist has proposed the Chief Justice of Supreme Court Khilraj Regmi as a Prime minister to hold the another Constituent Assembly(CA)’s election to write the constitution. Sine 2006, the Congress, UMl, Maoist and Madhesi have been engaging in corruptions with tooting, killing and capturing the regime in the name of new constitution. But, they could not format the new constitution. After the expiry of the CA 27th May 2012, the interim constitution has also become invalid. And the party leaders especially, the Maoist has failed to move the country constitutionally. And the failure elements are trying to minimize the past mistakes. ‘Wolves may lose their teeth but not change their nature and habit’; similarly, the party leaders did not realize their blunders. The leaders who have been guiding by the RAW and EU and CIA have not felt their past mistakes because intentionally they are going to destroy this country. Since the dissolution of the CA, they are playing the dubious dramatic role in the name of consensus. The political agents have already failed to move the country and then they have proposed the leadership of current Chief Justice who has been joining his hand with the traitors for his personal benefits.
The appointment of the Supreme Court Chief Justice as the Prime Minister will damage the democratic norms and the system converts as a dictatorial style. The Maoist’s tactic is to kill the basic notion of democracy-‘Check and Balance’ and the incompetent and nonsense party leaders-Congress and UML also are going to support the agenda of Maoist. The traitors, who are in regime since 2006, are trying to ruin the basic democratic concept of check and balance- major state organs-‘Judiciary, Executive and Legislature. CJ Khilraj Regmi has no sense in politics and he is also interested to be the PM and he is following the unconstitutional path- the agenda of Maoist. Nepal Bar association has also rejected the proposal arguing that the appointment of the CJ a PM will violate the dogma of separation of power.
There will be no solution from the leadership of such apolitical and power-hungry Chief justice. It will be totally unconstitutional. The chief justice of Supreme Court Khilraj Regmi is also a nonsense, week-minded apolitical person and sycophant. After 2006 foreign brokers have taken over Nepal government. What will happen if the Supreme Court chooses the same path? Chief Justice, Khil Raj Regmi, is a virtual wimp. He has no political background, no constituency and no gang of goons to back him. Now, the decision making parties have virtually agreed to the proposal of Prachanda to appoint CJ Regmi as the next Prime Minister and hold elections. When strong political figure like Prachanda could do nothing, how can we expect anything to be done by CJ Regmi, especially hold elections? The Maoist leaders- Baburam Bhattarai had disclosed his past criminal actions at Hetauda Party seminar that the Maoists are afraid of framing any constitution that did not guarantee them that they would not have to stand in the dock at the Heg international Court. Then the Maoists created a dangerous conspirator role to hold the another CA’s election on the leadership of the Chief Justice of SC by the hint of foreign interest which was already exposed the Maoist leaders Prachanda and Baburam Bharrarai had proposed the proposal to the CJ Khiraj.
CJ Khilraj Regmi is likely to confront greater challenges from the corrupted party leaders. The confused party leaders intervenes the day to day works of the government’s mechanism. Chief Justice Khilraj Regmi himself has remained tight lipped. That is why a CJ as PM cannot hold elections. There is no doubt, elections are the pillars on which democracy thrives and sustains, not only in Nepal but in any other country of the world. It is the responsibility of the political parties to hold election and persuade the people to participate. An individual cannot do this, leave alone a CJ. Actually, it is proposal of the foreign forces. The formation of the CJ’s leadership would invite a bigger catastrophe and it would be against the principle of separation of power of the state. So, it is Herculean attempt for Khilraj Regmi to be the PM. The parties-Maoist, Congress, UML, Medhesi have wasted so much valuable time almost seven years. So, it will be impossible to hope the solution from the so-called confused and hopeless party leaders.
The most unfortunate fact is that majority of Nepalese political leaders have been supporting the Indian agendas. It is worthless to expect from these anti-nationalist leaders to save our nationality and independence. We have to keep friendly relations with India due to our similar cultural and religious traditions. But sadly Indian congress, ever since coming to power has been striving to destabilize Nepal. ‘Nepalese monarchy’ can put unite the national integration as it remained since ancient time. Monarchy is still a popular institution. In between the two big neigh ours-China & India, the monarchy has been playing a balanced role. So, Nepalese monarchy is the most convincing identity of Nepal’s independence and its sovereignty. But the party leaders have forgotten all the nationalistic democratic norms.
Nepal BAR association has rejected the proposal, arguing that the appointment of the Chef Justice as PM will violate the principle of separation of power. It will be the great mistake that the same person leading the Judiciary and Executive will be disastrous for the country. BAR association, Civil Society, many party leaders and indigenous groups have expressed grave dissatisfaction over the verdict the Supreme Court’s CJ to lead the CA’s election. A writ petitioner had demanded to stop the process of appointing the incumbent chief justice as the PM claiming that the process was against the doctrine of power separation. It is misfortune why the CJ has supported the suicidal proposal? It is more disastrous for the country. Due to the bad intentions harbored by SC justices it has instilled distrust among the people. So, to handover the political power to Chief Justice should be cancelled.
A Nepalese scholar Siromani Dungana writes- ‘The Maoists are interested to kill the norms of current judicial system in Nepal. They have constantly argued that this system can’t represent in the federal system. They have constantly flouted Supreme Court decisions. PM Baburam Bhattarai has spoken against the judicial system and courts in general. Opposition parties have once again failed to challenge the card played by ruling Maoist and the ally Madhesh-based parties. 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 all party leaders are also trying to ruin democracy pushing peoples’ lives into uncertainty.
After the experiment of the term of the Constituent Assembly, it automatically dissolves and becomes defunct. The existence of the political parties was accepted as per the 1990 constitution; in this sense the 1990 constitution is seen as the legal parent of the political parties. It was established by the 1990 constitution viewing the people as sovereign. The 1990 constitution has regained full legitimacy; we must use it to form an inclusive cabinet that will resolve the current crisis. According to the precedent of international court verdict, the dissolution of the interim constitution will automatically revive and activate the constitutional monarchy, multiparty parliamentary system and all other organs and institutions under 1990 constitution. So we will honorably fight against such anti national injustice. All the organs of the state will unite, and in accordance with the 1990 Constitution and in presence of the King, we will strengthen this Hindu Kingdom. It is the duty of all Nepalese, whether in political parties or outside, and Nepal Army should be active to save this nation.