Legislature and Parliament at unhappy Supreme Court verdict (December 25—31

Prime Minister Baburam Bhattarai and chairperson of the Constituent Assembly (CA) Subash Nemwang filed separate petitions at the Supreme Court seeking a review of the Court’s judgement on the CA term that it will automatically come to end if the constitution is not promulgated within the stipulated time. In the petitions, they had sought the review arguing that the Court’s decision is without legal precedents and against legal principles. However, the Court rejected the petition saying that the petition had no legal basis and context.

Joint-registrar of the Supreme Court Nahakul Subedi said that the petition could not be registered because the same issues were also raised during the special bench of the Court and the issues were decided upon by the full bench of the Court after there was no unanimity among the judges of the special bench. Subedi clarified that decisions of the special and full benches does not fall under review is part of established precedents.

After the Supreme Court rejected the review petition, Minister for Law and Justice Brijesh Kumar Gupta accused the judiciary of interfering on the authority of the parliament. CA spokesperson Subash Nemwang expressed his surprise at the Supreme Court decision. CA members from UCPN (M), Congress, UML also stated that the Supreme Court had interfered on the authority of the parliament to amend the constitution. They argued that the government and the parliament had sought the review petition not to extend the term of the CA but to establish the rights of the parliament as per the principle of separation of powers.

There was difference of opinion among legal practitioners regarding the Supreme Court decision. Nepal Bar Association president Prem Bahadur Khadka and legal expert Bhimarjun Acharya supported the Court verdict. CA member and senior advocate Agni Kharel, Radheshyam Adhikari and others argued that the Supreme Court should not have rejected the review petition for it will create a rift among the judiciary, parliament, and legislature. Amidst the discussions regarding the Supreme Court verdict, Minister of Law and Justice Brijesh Kumar Gupta said that an application will be lodged against the verdict, and CA chairperson asked the party leaders to work towards promulgating the constitution within five months.

There was also discussion in the sub-committee for dispute resolution regarding the controversy with the judiciary, parliament, and legislature. The meeting concluded that the Court verdict had challenged the principle of parliamentary supremacy; however, the leaders expressed commitment to draft the constitution within timetable instead of picking a quarrel with the Supreme Court. The leader of the largest party in the CA Pushpa Kamal Dahal stressed that focus should be on constitution drafting within May 2012 instead of on the Court verdict. Congress president Sushil Koirala said his party would accept the Court decision as it believed in the rule of law. Then the controversy following the Court verdict among the Court, parliament, and legislature died down.

The constitution-drafting that was obstructed due to the internal disagreement within the UCPN (M) also picked up speed. There were meetings of the Constitutional Committee and the sub-committee for dispute resolution. The leaders claimed that the sub-committee had brought consensus on all issues except state restructuring.

UCPN (M) vice-chairperson Mohan Vaidya presented a separate political document showing disagreement over chairperson Pushpa Kamal Dahal’s political document in the central committee meeting. While chairperson Dahal proposed that the direction of the party should be towards peace and constitution, vice-chairperson had challenged that instead proposing the need to go to people’s revolution. The central committee members also took sides during the discussions on the proposals of the chairperson Dahal and the vice-chairperson.

The standing committee of UML, which was also embroiled in internal disputes, endorsed the proposal of party unity. The standing committee decided to keep KP Oli, a standing committee member, in the third seniority within the party. UML also started a drive for party expansion and consolidation, and chairperson Jhala Nath Khanal and Oli announced that they will make UML the largest party in the next election.

Major Developments

December 25	The meeting of the Constitutional Committee is postponed for one week after Mohan Vaidya faction of UCPN (M) challenged the consensus reached in the sub-committee for dispute resolution. Deputy prime minister and Minister of Home Affairs Bijaya Kumar Gachhedar departs on an official trip to China. He states he will work towards the visit of the Chinese premier Wen Jiao Bao. Stating that the next election will be within one year, Congress president Sushil Koirala directs party cadres to strengthen the party organisation for the election. Chief Justice Khilraj Regmi states that since the supreme court has decreed that the CA term cannot be extended beyond six months, its parliament is under obligation to implement it, and warns that if the Court decision is not followed, there will be no rule of law in the country. UML starts a drive party consolation and unity. UML chairperson Jhala Nath Khanal states that since the government has not been able to give a sense of security to the people, it is not appropriate for Baburam Bhattarai to hang on to power.
December 26	Meeting of the UCPN (M) central committee is postponed for a day at the request of the vice-chairperson Mohan Vaidya faction to prepare a separate political paper. Prime minister Baburam Bhattarai and CA chairperson Subash Nemwang file separate petitions at the Supreme Court seeking a review of the Court decision that said that CA will seek to exist if the constitution is not promulgated within May 27, 2012, arguing that the decision is against the established precedents and legal principles. Congress president Sushil Koirala states that only when there is peace and stability in the country that others issues can be solved. Meeting of senior leaders of UCPN (M), Congress, and UML. Congress and UML criticise UCPN (M) for not implementing the 7-point agreement and taking the peace process forward. UCPN (M) chairperson Pushpa Kamal Dahal states that Nepali-specific Marxism will be followed and revolution of other countries should not be copied. The Supreme Court reduced the bail amount set by the Special Court on the Sudan scam accused. The bail amount of contractor Shambhu Bharati came down to Rs 8 million from Rs 150 million, former Inspector General of Police (IGP) Hem Bahadur Gurung’s from Rs 50 million to Rs 20 million, and former IGP Ramesh Chand Thakuri’s from Rs 70 million to Rs 10 million. The Supreme Court issues an interim order to not take group recruitment in Nepal Army. The Court issued a show-cause notice to the defendants on a writ filed by Chure Bhawar Ekata Party on the proposal to recruit three thousand Madhesi youths into Nepal Army. UCPN (M) leaders from Bardiya in Kathmandu meet party chairperson Pushpa Kamal Dahal and complain that the landholders have sold lands against the agreement to return the land between farmers and the landholders. Chairperson of the Constitutional Committee Nilambar Acharya alleges that constitution-drafting is obstructed because of the internal dispute of UCPN (M). Mohan Vaidya faction of UCPN (M) holds a programme on Mao Day at Basantapur. General secretary Ram Bahadur Thapa states that only change in the government leadership will ensure peace and constitution as per their design.
December 27	Meeting of the Nepal Communist Party (Masal) central office concludes that the Supreme Court verdict that the CA term cannot be extended for more than six months was a welcome one. The Supreme Court rejects the review petition filed by the government and the parliament regarding the Court decision that the CA term cannot be extended more than six months. In its ruling, the Court states that since the issue has been decided and addressed by a special bench as well as the full bench of the Court, it cannot be reviewed. CA chairperson Subash Nemwang expresses surprise at the rejection of the Supreme Court refusal to register a register review petition regarding the Court’s decision that the CA term cannot be extended more than six months. Minister of Law and Justice Brijesh Kumar Gupta states that the Supreme Court rejection of the review petition is an encroachment on the authority of the parliament. Meeting of the UCPN (M) central committee. Vice-chairperson Mohan Vaidya presents a different proposal to go for people’s revolt as the relevance of peace and constitution is over. UML chairperson Jhala Nath Khanal claims of efforts being made to make UML the second largest party in the Constituent Assembly through attempts at unifying with other communist powers in the CA. Nepal Bar Association president Prem Bahadur Khadka states that the supreme court verdict is the correct one and it is the parliament which has not be able to work as per the wishes of the people. UCPN (M) CA member Ekraj Bhandari wishes that the Supreme Court had not rejected the review petition of the prime minister and CA chairperson.
December 28	Minister of Law and Justice Brijesh Kumar Gupta states that preparations are being made to file a petition at the Supreme Court at the Court’s rejection of CA term extension of more than six months and is hopeful that the Supreme Court will register the petition. Meeting of the parliamentary party of Nepali Congress suggests carving out six to eight states based on identity and capacity. Meeting of UCPN (M) central committee starts discussion on the proposals presented by chairperson Pushpa Kamal Dahal and vice-chairperson Mohan Vaidya. Both sides criticise each other’s proposal. UCPN (M) chairperson Pushpa Kamal Dahal and Congress president Sushil Koirala meet to discuss about the obstruction in the peace and constitution-drafting process. Legal expert Bhimarjun Acharya claims that the Supreme Court’s rejection of the review petitions of the government and the parliament was as per the legal provisions. Meeting of the sub-committee for dispute resolution concludes that the Supreme Court rejection was interference on the parliamentary supremacy and expresses commitment to drat the constitution by May 27, 2012. Congress president Sushil Koirala states that his party will accept the Supreme Court verdict and decision. Prime minister Baburam Bhattarai asserts that the new constitution will be promulgated by May 27, 2012.
December 29	Meeting of the legislature-parliament. Prime minister Baburam Bhattarai expresses commitment to prosecute those involved in the murder of Manbir Sunuwar of Kalikot. Meeting of the central committee of UCPN (M) discusses on the proposals of chairperson Pushpa Kamal Dahal and vice-chairperson Mohan Vaidya. National Vigilance Centre makes public names of those not submitting property details including deputy prime minister and Minister of Home Affairs Bijaya Kumar Gachhedar, ministers, and CA members. Nepal Bar Association claims to play a coordinating role to prevent a rift between the parliament, legislature, and the judiciary after the Supreme Court rejected the review petition regarding its verdict on the extension of the CA term. Meeting of the Public Accounts Committee of the legislative-parliament asks for details on the distribution of allowance to the Maoist combatants from the Minister for Peace and Reconstruction Satya Pahadi and directs the Army Integration Special Committee to present itself with details of amount released to the combatants. A 5-point agreement is reached between Samyukta Rajnitik Dalit Sangharsha Samiti and the government. The Samiti withdraws all its protest programmes. Meeting of the central committee of UCPN (M). Most of the members stress on party unity.
December 30	Meeting of the sub-committee for dispute resolution. Coordinator Pushpa Kamal Dahal claims consensus on all issues except state restructuring. CA member Prakash Man Singh states that further discussions are necessary even though there is consensus. Deputy prime minister and Minister of Home Affairs Bijaya Kumar Gachhedar returns from China visit. Meeting of the standing committee of UML. Proposal to make standing committee member KP Sharma Oli as the third senior-most leader in the party is endorsed. Proposal on party unity is also endorsed. The chief of disciplinary commission Amrit Kumar Bohara expresses dissent saying it is against the party constitution. UML Kathmandu district committee organises a programme. Party chairperson Jhala Nath Khanal and standing committee member KP Sharma Oli announce that they will make UML the largest party in the next election.
December 31	A programme regarding national reconciliation at BP Museum at Sundarijal. UCPN (M) chairperson Pushpa Kamal Dahal expresses commitment to promulgate the constitution by May 27, 2012. UCPN (M) central committee is postponed because of the death of mother of the party secretary CP Gajurel. UCPN (M) vice-chairperson Mohan Vaidya warns of reversing the decisions of the sub-committee for dispute resolution at the CA. Meeting of the Constitutional Committee. The sub-committee for dispute resolution submits its report. The sub-committee is given two days to discuss the form of government. UML general secretary Ishwor Pokharel states that the verdict of the Supreme Court regarding the extension of the CA term should be followed by everyone.