SC issues show cause notice on HoR proclamation; okays reinstatement of parliament NepalNews The Supreme Court has issued a show cause notice to the government and the House of Representatives (HoR) on why the declaration was made. Acting upon five separate writ petition filed at the apex court challenging the House declaration passed on May 18 a single bench of Justice Damodar Prasad Sharma sought written explanations within 15 days on why the declaration was made, reports said. The petitioners challenged the historic declaration saying that the same was unconstitutional and illegal. In its proclamation the parliament declared itself supreme and drastically slashed the royal privileges. Meanwhile, the bench rejected a petition filed challenging the reinstatement of the House on April 24. The apex court said that the decision was made as per the need-based theory of law. Advocate Shankar Majaiya filed the writ petition at the apex court alleging that the decision of the King to reinstate the parliament is unconstitutional. The King reinstated the parliament as per the roadmap of the seven party alliance following the 19-day long people’s movement. nepalnews.com pb Sep 22 06This challenge by the Supreme Court has to be thwarted. This revolutionary parliament as well as the interim parliament that will succeed it has the legitimate powers to impeach all the current Supreme Court justices if necessary. I hope that power does not have to be used. But it has to be used if felt necessary.
These are not ordinary times. This parliament was not born out of the 1990 constitution. It was born out of a revolution made for world history, made for the ages. These Supreme Court justices are out of touch of that fundamental reality sweeping the country today. They will have history to answer to.
There was a theory making the rounds in winter, that for the king reinstating the House was his weapon of last resort. He tried to establish an executive monarchy. But if he failed, he could always fall back to the 1990 constitution, but before that happened he will already have given himself a huge pay raise thata according to the 1990 constitution was to be irreversible.
This Supreme Court move feels awfully like that conspiracy theory. It is entirely possible the monarchy and/or monarchists have bribed some of these judges. It is their last ditch effort to undo the April Revolution.
If that be the case, those weirdos just might manage to do what the Maoists have not been able to, which is to short circuit the referendum idea on the monarchy, and instead have the monarchy ended now through the political decision of the eight party alliance.
With this move, the Supreme Court has fallen out of line.
There was no provision in the 1990 constitution that could have allowed House revival. The House was revived through a political decision born out of the April Revolution. A House revived through a revolution is revolutionary in character. It is that revolutionary House that brough forth the revolutionary House proclamation. It can not be challenged. The only legitimate place to challenge its details will be during the elections to the constituent assembly. It is quite another thing that any such challenge will fall flat on its face. Such is the new political reality.
This is not an issue in separation of powers. This is a people power issue.
This Supreme Court move challenging the House proclamation is the first major act of counter revolution. I smell foul play. We have to make a counter move. The best counter move would be to launch the interim constitution and the interim parliament immediately, without further delay.
Then the judiciary will be forced to function within the perimeter of the new, interim constitution.
A political decision has to be made to think in terms of an interim judiciary. The state is in transition. This Supreme Court has given us a clear excuse. This Supreme Court seems to exemplify the old order. We already said no to that.
The seven party alliance has to feel the power of people power and it has to move ahead with confidence. We already won in April. We don't have to fight all over again. We just have to consolidate the power won on behalf of thepeople.
We should move ahead with caution, we should move ahead with confidence, we should move ahead without fear. Feel the wind behind our back.
In The News
Preparations for 'summit talks' in final stage: Mahara NepalNews foreign investment would be welcome for Nepal ’s independent national economy, adding that the foreign policy would be made as per the agreement with the neighbouring countries after Maoists form the government. ..... He also stressed on the need for unification of all communist parties in Nepal . ..... Madhav Kumar Nepal informed that the summit talks between top leaders of the seven party alliance and the Maoists will be held on Thursday.
RPP chairman criticizes security lapses in the country; demands Home Minister's resignation
Oli continues meetings with foreign leaders in NY
Nepal poll finds population divided over keeping Monarchy Nepalis are evenly divided over whether the Himalayan nation should get rid of the King, a new poll says. ..... 49 per cent wanted an end to the monarchy while 48 per cent favoured retaining the institution. ..... Eighty-nine per cent said the country was headed in the right direction after years of Maoist violence and political upheaval. .... 76 percent of respondents favoured integrating Maoist rebel forces into the Nepal Army.
Nepal parliament formally strips king of army control
Splinter rebel group says killed Nepal legislator Washington Post, United States Jay Krishna Goit, leader of leader of breakaway faction Janatantrik Terai Mukti Morcha told reporters that his men had killed the legislator. ..... Authorities said one of Shrestha's aides was also killed and two of three assailants were later caught and killed by villagers. .....
Nepal Parties Discuss Peace Process Nepal human Rights News, Nepal
Prachanda Meets Deuba, Nepal; Discusses Summit Talks Agenda
Nepal lawyers wage war on parliament
No comments:
Post a Comment