Nepal: Resolute Apex Court

Telegraph Weekly, Nepal, Editorial

Sooner than later, Nepal, the land of the “made” unfortunate ones, is to witness some sort of political amusement. Preparations for staging this drama are already in progress. The play is not a Shakespearean one, nevertheless, the high flying Nepalese seated at various organs of the State, no less than late Bal Krishna Sam, have themselves meticulously penned the script, selected the artistes and found the venue. Needless to say, this theater will, if at all it is staged as is being predicted in advance, shake the nation which may have its catastrophic impact on the body politic of this already fractured nation thanks the NOIDA politics that entered into action beginning 2004. Nepal must remain ever obliged to this alien politics which damaged this nation for all time to come. Thanks must also go to the ones, our own distinguished nationals, who invited this politics to make its space in Nepali affairs. The disgrace continues to chase the majority of the informed and nationalist citizenry still though it has been an affair that has already consumed almost a decade or so.

The drama centers on the Nepal government, and the Nepali parliament-the main performers of this act. This play is a bit satirical one, as it appears to be, because it is aimed against the Nepal’s Apex Court, basically intended to insult the SC, wherein the former two dramatists prefer to take to task this time the Nepali judiciary. In doing so these presumed wicked ones, let’s take it as it is for the sake of convenience as the larger segment of the Nepali population too subscribes verbatim save a few, wish to cut the very wings and the authority of the nation’s apex judicial authority for having told the CA body through its fresh ruling that no more extensions please and that the upcoming six months must be enough for which the CA body had been formed some three years ago or even more.

The ire of the Nepal government and the CA body against the Supreme Court is that the Court, even if it be the highest one of the country, has no authority or whatsoever to instruct and set the longevity of the all sovereign CA body. And that the Apex Court has interfered into the exclusive domain of the CA body which by implication should mean that the ones housed in the present day redundant constituent assembly were free enough to chart their longevity as long as and as and when they prefer. Moreover, the CA body claims that the Supreme Court must not have any role in dictating its terms and conditions on the body as it was a political mechanism associated with the drafting of the new constitution which may take some time longer than promised.

The real intention of the CA body authorities is to prolong the life of the institution under this or that pretext and pocket tax payer’s money on a regular basis to which the Supreme Court appears to have taken proper note of and perhaps it could have been this reason that the SC may have sounded the CA body that “extensions” must have a limit and let the upcoming six months extension be the last one. The Court remains determined in its verdict which gets reflected from the very bold utterances being made none less than by Honorable Chief Justice, Khil Nath Regmi, who in his fresh statement that he made in Tansen, Palpa district the other day that “the Court has already set the life of the CA body and that the Court in no way was going to reverse its own verdict come what may”.

The CJ claims in an authoritative manner that his institution was the right and the perfect authority to interpret the constitution and that the Court has already decided what it had to and thus there is no question to revert its own decisions.

“We don’t want to play politics. Neither it is desirable nor do we intend to. At best we at the Judiciary act at times as per the sentiments of the people and in so doing, we have also not ignored the very spirit of the last popular uprising”. This is what CJ Mr. Regmi sounded to the political men now ruling Nepal through the media outlet in Palpa district. This does mean that the CJ will not budge an inch (but will he?) from the SC’s fresh verdict which limits the life span of the CA body. Now perhaps not even five months are left from the total of the six months extension.

The CJ remains determined. The CA body too has acquired a firmed stance which in essence aims at teaching the SC a lesson. In doing so the CA body too wants to sound the Supreme Court not to exceed its stipulated judicial limits or else face the music that may follow.

The fact is that the CA wants extended tenure as and when the body wishes. The Apex Court wants to limit the life span of the CA body. The fight is here in between the two highest Nepal authorities. But the ground reality is that the people in general will, in the eventuality of an institutional personality clash, side with the Supreme Court. The Court will easily garner sympathy from the majority of the population who have experienced for themselves over these chaotic years that have followed after the uprising, that the political actors who claim to be the harbinger of great changes have simply duped them all in the name of the draft of a new constitution. The people have witnessed on how they were taken for a grand ride for years in the name of reforming the “feudal” and “anarchic” Nepali society. Things have changed albeit but only the living standards of those who claim that they brought the last political change. The old social fabric which was to be changed has been made even worse. Let’s not talk of the advent of servant like behaviors of Nepali leaders in the conduct of bilateral relations with friendly countries. All is a sham.

Yet the clash, if that takes place at all, will be an unfortunate affair. We wish that nothing of that sort comes to the surface. In such an eventuality, when three big ones begin fighting, the Military may be encouraged to control the deteriorated state. This is for sure.

Just yesterday, the Supreme Court rejected the government and the CA plea to review its previous decision. Thus the stage is set for an unwanted and unwarranted fight.

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Comments

Posted on - 2011-12-29 by Shanti
Let us hope that PM Bhattarai does the right thing and call for elections. As PM it is his duty to the peoples of Nepal to work in their best interests. As the CA Members have not done the needful in completing the constitution, and the political parties have just grabbed for the power, they should not be rewarded in getting more compensation for doing nothing. If PM Bhattarai is smart, he will side with the people.

Posted on - 2011-12-28 by Nepali Dai
If Military comes to rescue aching Nepal, then we all Nepalis MUST welcome the move. It's important to note that we are the sons and daughters of Brave Gorkha who once shook the world and it's high time we save our prestige.