Madhav Nepal And Rule Of Law

[Paramendra]

Madhav Nepal And Rule Of Law
http://demrepubnepal.blogspot.com/2009/06/madhav-nepal-and-rule-of-law.html

Former Prime Minister Prachanda's decision to sack the army chief
Katuwal lacked due process and was declared so by the president. That
decision by the president was promptly challenged and taken to the
Supreme Court. Madhav Nepal went ahead and nullified the decision by
the former Prime Minister. He can not possibly have done that. That is
a disrespect of rule of law. A case that is still being considered by
the Supreme Court has to be left to the Supreme Court. The Prime
Minister, or the president or the parliament may not engage in such
indulgences.

Madhav Nepal has made another similarly improper decision as Prime
Minister. He waited for his own party to decide which UML people will
represent that party in the parliament. Otherwise three top UML
leaders were in major disagreement. He similarly waited for the Nepali
Congress central committee to decide on which NC people will go into
the government. That was also true of the TMLP, the SP and the RPP.
But in the case of the MJF, Madhav Nepal at the instigation of Girija
Koirala went against all the basic norms of parliamentary democracy
and appointed Bijay Gachhedar as Prime Minister.

Upendra Yadav probably could take Madhav Nepal to court on that one.

There is the law and then there is politics.

Upendra Yadav could have expelled Bijay Gachhedar as he did, but then
Gachhedar has had the option to walk away with 40% or more of the MJF
MPs, as he did. A split came about, although it is not formal yet
because both factions are still trying to say they are the original
party. Gachhedar has not registered a new party yet.

Curiously now Madhav Nepal is toying with the idea of sacking Katuwal
after all. He can do that. If all his coalition partners agree, Nepal
can legitimately sack Katuwal.

So there is the law, and there is politics. That also leaves the
possibility of Upendra Yadav doing the Hridayesh Tripathy thing and
saying let bygones be bygones, he does not want to go into power
himself, and making overtures to reunify the MJF.

Paramendra Bhagat
http://technbiz.blogspot.com