Speaker Moves Court Bringing Key Institutions of State in Confrontation
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WITHOUT F EAR OR FAVOUR Nepal’s largest selling English daily Vol XXVIII No. 340 | 8 pages | Rs.5 O O Printed simultaneously in Kathmandu, Biratnagar, Bharatpur and Nepalgunj 28.2 C -1.0 C Saturday, February 06, 2021 | 24-10-2077 Biratnagar Jumla Speaker moves court bringing key institutions of state in confrontation Agni Sapkota files petition against the constitutional body appointments made by the Constitutional Council where prime minister is the chair and chief justice a member. BINOD GHIMIRE KATHMANDU, FEB 5 In what appears to be an unprecedent- ed incident in Nepal’s democratic practices, the head of the legislature has approached the Supreme Court to file a case against the heads of all key state agencies—the executive, the judiciary and the presidency. House Speaker Agni Sapkota on Friday filed a writ petition at the POST FILE PHOTO Supreme Court against Wednesday’s Speaker Agni Sapkota appointments of office bearers to various constitutional bodies inviting appointments were unconstitutional a direct confrontation with the two because the Constitutional Council, other state agencies. headed by Prime Minister KP Sharma The Speaker moved the court two Oli, had made those recommendations POST PHOTO: PRAKASH CHANDRA TIMILSENA days after President Bidya Devi after amending the Constitutional Prime Minister KP Sharma Oli addresses a mass meeting, organised by the Bagmati provincial committee of his faction of Nepal Communist Party, in front of Narayanhiti Palace, which used to appointed 32 office-bearers to 11 con- Council Act through an ordinance and be the seat of the abolished monarchy, in Kathmandu on Friday. stitutional bodies. the nominees had not gone through a The 32 office bearers were recom- parliamentary hearing, a process mended by the Constitutional Council made mandatory by the constitution. on December 15. Along with the 32 appointees, “A writ challenging the appoint- the Office of the President, Prime Oli counts his achievements as if in a poll rally ments has been registered,” Kishor Minister Oli as the chair of the Poudel, a communication expert at the Constitutional Council, Chief Justice Supreme Court, told the Post. “Speaker Cholendra Shumsher Rana and Sapkota himself was present to file National Assembly Chairman Ganesh and defends move of dissolving the House the petition.” Timilsina as the council members, the The hearing on the petition will secretary at the council secretariat, commence on Sunday. and Chief Secretary Shankar Das Wednesday’s move has invited wide- Bairagi have been made defendants. Addressing a mass gathering, prime minister expresses his commitment to the federal democratic republic. spread criticism, as many say the >> Continued on page 2 TIKA R PRADHAN allegations that he is in a bid to take ing the House because experts say KATHMANDU, FEB 5 the country on a regressive path. “No Nepal’s constitution does not allow a one should even think of altering the majority prime minister to do so. In Prime Minister KP Sharma Oli on federal democratic republic. We have giving Britain’s example, however, Oli Friday tried to defend his House fought for it.” was right to say that the country does dissolution move, as he encouraged Oli, who returned to power on the not have a written constitution but he his party cadres to create an environ- nationalistic plank, lately has been wrongly drew reference to justify his ment for the polls, and asserted his trying to woo the pro-monarchy, House dissolution move. commitment to the federal democratic pro-Hindu constituency. His visit to House dissolution in Britain is gov- republic. Pashupatinath Temple, the first by a erned by the Fixed-Term Parliament Addressing his supporters—the sitting communist prime minister, and Act-2011. number was estimated to be around his unending lectures on Hinduism The act not only stipulates a clear 40,000 to 50,000 even though the party and Lord Ram in recent days have schedule for elections but also has had claimed to bring in 200,000—from given ample room for people to ques- removed the ability of the monarch to a stage in front of Narayanhiti, which tion his commitment to secularism. formally dissolve Parliament at the used to be the seat of kings until mon- It was, however, the first occasion prime minister’s recommendation. archy was abolished, Oli appeared when Oli publicly expressed his com- The act also has two exceptions. defensive. mitment to the federal republic. Early elections could be held if a “This KP Oli, who fought for half a Oli charged his opponents with try- motion for an early general election is century for a republican set-up, ing to spread rumours against him, agreed either by at least 434 Members democracy and social justice and saying he would declare the revival of of Parliament out of 650; or, if a equality, will declare revival of mon- monarchy from Friday’s gathering. motion of no confidence is passed and archy, they say,” said the 69-year-old, Justifying his December 20 House no alternative government is con- in what looked like his response to dissolution move, Oli said that he had firmed by the House of Commons declared elections for April 30 within 14 days. and May 10 for [political] stabili- In Oli’s case, he has cited articles t y. that are meant for the formation of a But instead of offering any government to dissolve the House. grounds provided by Nepal’s Constitutional experts say Oli killed constitution, Oli presented the House even before giving it an Britain’s example to back his opportunity to explore if there was House dissolution move. any possibility of forming an alterna- Oli said that the United tive government. Kingdom does not have a written Oli also said that he was forced to constitution, but the prime min- dissolve the House because he was not ister there recently dissolved the allowed to perform by his opponents House, using his inherent power. in the party. Oli faces criticism for dissolv- >> Continued on page 2 Home minister announces ‘third people’s movement’, but many wonder what it means In a bid to win Oli’s favour, Thapa warns his former comrade Dahal that if his agitation turns violent he, as home minister, will lock up the former rebel leader in the zoo. ANIL GIRI Representatives on December 20, the KATHMANDU, FEB 5 Nepal Communist Party has split into two—one led by Oli and the other by Home Minister Ram Bahadur Thapa Dahal and Madhav Kumar Nepal. was deputy to Pushpa Kamal Dahal Despite efforts by Dahal to bring his when he led the decade-long armed former comrade-in-arms Thapa into conflict launched in 1996 to abolish his fold, the latter chose to side with monarchy. the prime minister keeping his home On Friday, Thapa, standing on a minister’s chair intact. stage set up in front the main entrance The two factions have been at each to Narayanhiti Palace, the seat of other’s throats since the dissolution. Nepal’s Shah monarchs and where the Being the powerful home minister last Shah king, Gyanendra, announced POST PHOTO: ELITE JOSHI with the Nepal Police and the Armed his abdication in 2008, challenged his Home Minister Ram Bahadur Thapa Police Force under his command, former chief Dahal. Thapa can afford to threaten Dahal “If anyone tries any reckless effort to change the style of ongoing agita- with the might of the state. to carry out the ‘non-vegetarian’ agita- tion against the House dissolution Besides, Thapa has now become a tion, that person will be locked inside from “vegetarian” to “non-vegetari- trusted lieutenant of Oli, who seems the zoo,” the usually taciturn Thapa an”, meaning that the leaders and to be acting as if he is the state, thundered in front of thousands. “Our cadres of his faction of the Nepal threatening the judiciary, filling the law and constitution consider such Communist Party must be more constitutional bodies that are ‘non-vegetarian’ agitation a crime.” aggressive and violent on the streets supposed to keep a check on the Thapa was referring to Dahal’s so that the government will respond to functioning of the government with words. them. his henchman and making a mockery Some days back, Dahal had said at a After Prime Minister KP Sharma of the constitution. public function that there was a need Oli dissolved the House of >> Continued on page 2 C M Y K SATURDAY, FEBRUARY 06, 2021 | 02 NATIONAL Teenage girl found dead in Baitadi forest Speaker moves court bringing The girl’s family suspects that she was murdered and have demanded authorities to arrest the perpetrators. key institutions of state ... TRIPTI SHAHI when she did not come home on >> Continued from page 1 According to Adhikari, the ongoing fric- BAITADI, FEB 5 time. The constitution stipulates a six-member tion between the different state agencies is a “There were scars on her body Constitutional Council headed by prime clumsy example of partisan politics, which A teenage girl was found dead at and her clothes were torn,” minister, with House Speaker, deputy does not bode well for democracy. Chadepani in Dogadakedar Rural said Adhikari. “Her undergarment Speaker and the leader of the main opposi- “The Dahal-Nepal faction is using the Municipality-7, Baitadi, on had bloodstains. Police tion among the members. Speaker as a tool to put pressure on the gov- Thursday. The 17-year-old had gone investigators have also recovered There was no deputy Speaker elected, and ernment,” said Adhikari. “Sapkota’s role as to school on Wednesday and never her mobile set and bag from the the Oli government had amended the provi- Speaker has been dubious.