Wednesday, August 31, 2005

Supreme Court, Revive House, Save Country, Hurry





That might be the best way out.

The seven democratic parties are the legitimate political forces in the country, and their 4-point agenda is a sound one. Sound enough that it will end the civil war.
  1. Revive House.
  2. Form An All Party Government.
  3. Hold Unconditional Peace Talks With The Maoists.
  4. Organize Elections To A Constituent Assembly.
But the 4-point program starts at step one. And that step can only be taken by the Supreme Court. The parties can not do it themselves. The king has said he does not have the constitutional authority to do it. So that puts the ball in the Supreme Court.

These 11 individuals are uniquely positioned to literally save the country: Dilip Kumar Poudel, Kedar Prasad Giri, Min Bahadur Rayamajhi, Ram Nagina Singh, Anup Raj Sharma, Ram Prasad Shrestha, Khil Raj Regmi, Sharada Prasad Pundit, Sharada Shrestha, Arjun Prasad Singh and Hari Jung Sijapati.

I think they should go ahead and do it.

Otherwise it might end up a long, cold winter of relentless protests, and a further decaying civil war with all the associated human rights abuses and violations of internatinoal law, the mayhem, not to say the economic loss, both direct and in terms of lost opportunities.

It is that or it is (1) the three warring factions come to a respectful political dialogue and start making political sense, which they show no signs of, have not in years, during the beginning, middle, and thenon, or (2) the democrats wage a decisive movement for months - a democratic republic through a revolution - and get the king to bend, which can add complications: some Monarchists might go for the military option, which would be suicidal for the monarchy, but then they might go for it anyways.

I don't think the Supreme Court has ever faced a more important decision in its entire history, and might not ever again. This is momentous. This is a historic opportunity.

Of the three scenarios, only the Supreme Court option is safest for the three political factions. That might be the only way a constitutional monarchy might be retained by the people through a popular verdict. That might be the best way the worst fears about the Maoists do not come true. I am one of those who is not paranoid about the Maoists, but others have democratic rights to be so.

The 4-point agenda might also be the smoothest way to move from the 1990 constitution to a 2006 constitution.

In The News

Supreme Court starts studying House revival case NepalNews .... the court would decide whether to deliberate on the case only after consensus of all justices of the apex court. A majority of the 11 justices must agree ...... chief justice Dilip Kumar Poudel and justices Kedar Prasad Giri, Min Bahadur Rayamajhi, Ram Nagina Singh, Anup Raj Sharma, Ram Prasad Shrestha, Khil Raj Regmi, Sharada Prasad Pundit, Sharada Shrestha, Arjun Prasad Singh and Hari Jung Sijapati...... Thursday’s discussion was adjourned, ordering the bench assistant to make a list of differences and similarities between the three SC precedents on house dissolution in 1994, 1995 and 2002. The apex court had reversed late prime minister Man Mohan Adhikari’s decision to dissolve the house in 1995 while it had upheld ex-prime minister Girija Prasad Koirala’s decision to dissolve the house in 1994.
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