Wednesday, February 15, 2006

Kathmandu : Nepal 's Judicial system is still kicking and alive has come to true.

The country's apex court, Supreme Court, has shown to the world Monday that it is an independent institution and that it can and will make decisions on the basis of intense verification of the facts, figures, country's political situation, reading the very underneath meaning of the stipulations in the constitution and make necessary arrangements through valid and justified interpretations that provide justice to the people keeping in mind the larger interests of the country.

Nepal 's Supreme Court in a daring move, Monday afternoon stated that the Royal move to create a new anti-corruption body a year ago was not only unconstitutional but the actions it took since then were also unconstitutional.

The landmark verdict of the Supreme Court puts to rest some of the wild allegations coming as it did from various national and international quarters that the SC today have had no guts to make decisions on its own and that the court had been a tamed institution.

However, this was not true and that it is not true came to light when the SC even modestly hinted the King that some of his actions could well be contested in the court of law.

Among other things, the SC's Monday verdict is a case in point to rejoice for the democrats all over the world for this verdict amply assures them all that Nepal 's judicial system will not allow the spirit of the 1990 constitution to be misinterpreted by any one.

This verdict should assure the world public that Nepal 's democratic system was safe in the hands of the nepali judiciary.

However, what is also for sure is that those who have expressed their pleasure in having the verdict in their favor must also remain prepared for a similar verdict that might go against their will at some point of time.

Those hailing the fresh verdict should also not lose sight if some of the verdicts at a later date went against their "line of thinking".

"Let the courts decide and interpret the letter and spirit of the constitution alone", say analysts in Kathmandu .

Some analysts say that it is not the King who was at fault when constituting the Royal Commission on Corruption, but the men who suggested the monarch to go in for that.

It is a signal to the King as well to filter the advices coming to him from multiple sources and then act in a manner that is in accordance with the underneath meaning of the constitution. After all, the monarch is the protector and the preserver of the legal draft drafted in the year 1990 and hence he must remain ever alert while taking steps.

Nepal's apex judiciary has once again made it abundantly clear that the constitution now in force is still one of the best constitutions available in the world and that any constitutional crises cropping up in the country could well be managed with the real and intensive interpretations of the same draft.

The verdict, analysts opine, is also a reminder to the leaders of the political parties not to interpret the provisions of the constitution in a manner they consider it best politically.

With this new interpretation of the court on the RCCC, the detained leader, former prime Minister Sher Bahadur Deuba and his colleagues of the much-publicized Melamchi scam, have been already released.

But then analysts prefer to remind all and sundry that the court has simply made null and void the RCCC, but the fact is that the corruption part in the Melamchi water project remains intact now predictably to be handled by the constitutionally constituted commission for the Abuse of Authority, CIAA, headed by Surya Nath Upadhyaya.

Let's see how the politics unfolds in the weeks ahead. Any way, the Supreme Court has exhibited its interpretation-acumen and made it abundantly clear that rule of law will prevail in the country at any cost.

Rebel leader blows hot and cold; swings Nepali politics his way

Kathmandu : What the insurgent top leader is up to is very difficult to understand.

He is blowing hot and cold concurrently.

He assures the political parties and through them the civil society members that he and his party would wish to join the competitive politics of the country thereby meaning that they would not mind a democratic system which forces the laymen to understand that Prachanda and his party men were a changed lot and that they too demanded a safe landing.

On the other, his virulent attack on the King, the Royal Nepal Army and the far flung the American administration does speak that he and his party would take some more time to deal with these three separate identities forcefully.

These two contradictory statements that are in vogue these days in Prachanda's countless interviews. Analysts remain puzzled as to which Prachanda, the modest and the sober one or the otherwise, is to be taken at its face value.

Perhaps it is these contradictory speeches being made by Prachanda these days is some how or the other is perplexing the political paraphernalia which has inked a sort of understanding with the Maoists.

The manner Prachanda is dominating the media headlines these days compels the analysts to think that the political parties' and their leaders have begun feeling dwarfed for the fact is that as and when the rebels leader speaks some thing on the country's political events, the media men are attracted more towards him instead what used to be in the past.

Analyzing Prachanda's Kathmandu Post, The Hindu and the fresh BBC interview that have come in series does tell that the rebel top-hat is in a sheer dilemma on how to proceed politically in order to put more pressures on the King and the Army so that both yield to their dictates and act according to their wishes.

Nevertheless, what becomes apparently clear from his interviews is that he is very tactfully using the political parties as an "effective" political tool and will continue hob-nobbing with the agitating political leadership until his targeted goals were achieved.

The agitating seven knowingly or unknowingly have fallen in his trap. It is Prachanda's political acumen and maturity that he, comparatively a second generation leader, is swinging the entire agitating politics around him and the party.

The agitating seven neither can deny his proposals nor can gulp those easily for the proposals thus forwarded by Prachanda are not only dangerous but also contain the seeds of a total break of law and order of the country thereby facilitating a real civil war in its truest sense of the term.

The gist is that the Maoists want the political parties to assume the role of an "engine" for a change which Prachanda terms as "development of democracy".

Though in his fresh interviews he admits that he too was upset with the colossal losses that the country have had to witness both in terms of finance and human loss but no where he repents for those events.

Interestingly in all of the interviews he does scathingly attacks the political parties then in parliament whom he describes that it were they, the ruling class, whose state sponsored terrorism and intimidation in the villages compelled the party to take up the arms.

This means that it were the political parties ruling then who made them to flee to the countryside and the jungles. Not the King, he implies.

But then how come with such an honest admission here and there, he is blaming the monarch for all the national ailments? This is a contradiction of the highest order seen in his interviews.

The fact is that when they have had to enter into the jungles the monarch was well bound by his new constitutional role and that it were the political parties, more so the NC under Koirala and later Deuba with Siera Kilo2 and what not what not, who summarily rejected those famous forty point demands which made them rebels.

The King is on record to have said once that had the government then agreed to some of the points contained in the Maoists demands, the dimension of the Maoists threat could not have been so as it was today.

This amply means that the King too remained in favor of the Maoists at least for some of the points raised by the rebels.

It was Deuba government that neglected the Babu Ram team when they had approached the former with the redressed of their forty point demands.

It was after this refusal, the rebels became real rebels or else till a day ahead of entering into the jungles they were very much a part of the parliamentary system.

Prachanda's ire against the army is understandable because it is the army with which he has to fight a real battle. Prachanda's interview does intimate that had there been no resistance from the army to his insurgency, Kathmandu 's Singh Durbar would have been under their control already. What Prachanda forgets is that the Army only came into action much later of the start of their insurgency.

Prachanda's silence towards Indian role and his ire against the Americans is some what puzzling.

The rebels that began digging Bunkers to thwart the possible fight with the Indian army at a later stage, now suddenly expects, at least this much is visible by implication, Indian embargo on Nepal and hopes that such an embargo would enhance the agitation against the establishment.

Though he does not say this openly but gives two months time for the finalization of the Nepal crisis. By March third week perhaps the validity of the Trade and transit treaty comes to an end. This has some hidden meaning. And thus the first four points put forth by his party that mention of Indian highhandedness in Nepal appears finally to have been shelved for good.

This is Indian give and take policy. Unbelievable though it is but the fact is that even staunch nationalist communist leader of the stature of Prachanda appears to have deviated.

His wrath on the United States is understandable. He believes that it is the US that is solely backing the army and the King. He is not happy with Admiral Fallon's advice to the RNA to "form a ranger force".

All in all, Prachanda's inner wish is to go in search for a safe landing and for this he will use the agitating seven as a tool. In politics such practices are not uncommon. He appears to continue with his pressure tactics both on the army and the King to make them to yield.

How the establishment takes his views and how it reacts will have to be watched.

A broader liberal force in offing

Kathmandu : The agitating seven parties appear to be in a sheer dilemma on how to take Prachanda's self-contradictory statements wherein he hints both: the continuation of violence and of joining the multi-party politics.

Some political parties who have a say in Nepali politics, for example the Nepali Congress and have so far acquired a posture of non-violence appear really disturbed with Prachanda's double-meaning utterances.

The fact is that the NC would wish the King to wear the clothes again of the constitutional monarch and is in a mood to support the rebels until the King wore the said clothes and no more than that. It is only a pressure tactics of the NC under Girija Prasad Koirala.

The UML might have some more dangerous designs. The UML basically a communist lot whose basic tenets tally with those of the Maoists' line of considerations is apparently thinking on how to weaken the monarchy so that the royal institution can never step up in what it calls an active politics.

Nevertheless, the UML of late is coming to senses and has begun feeling the heat thus generated by the Prachanda's interview and fears that one fine morning its party cadres at the village levels might defect en masse to the party of the rebels.

This would mean the UML vanishing in the thin air of Nepal .

Nevertheless, as of today, the UML is supposedly very close to the Maoists comparatively speaking.

This is what has been worrying the Nepali Congress under President Koirala.

Koirala coterie now has begun to think as to what would happen if the country's communists declare that they henceforth were a united force? The clandestine political overtures of the Nepali communists in that regard is currently on. With Maoists' leader Prachanda's expressions being made in the recent days does provide some inkling into this probability though the fire-brand radical communist leader agrees that he would join the competitive politics. But then he does not hide the real objective and the goals of the communists the world over and that being the ushering in of communism at the end of the conflict.

It is this probable that has been worrying the liberal and the non-communist forces of the country.

There are rumors in Kathmandu that to thwart the ultimate designs of the communists of such an eventuality in the future, a set of liberal and democratic minded people have begun to think on how to face the would-be challenge that was approaching fast?

Rumors have also it that a force soon will be constituted that will make efforts at convincing the people to get united in a liberal forum and thus frustrate the ultimate designs of the nation's communist forces.

However, all these remain yet unsubstantiated.

President Koirala's anxiety is understandable. While he has been told by one external force to believe the Maoists for a variety of political reasons and hence he is forced to take Prachanda's expressions at its face value. However, his conscience does not allow him to join his neck with a force, which has even after the twelve-point understanding not refrained from the acts of terror and violence.

Moriarty meets two acclaimed "liberal" leaders

-Seeks clarifications from Koirala-

Kathmandu : In an interesting political development, the American Ambassador James F. Moriarty Monday met Nepali Congress President Girija Prasad Koirala.

This meeting assumes importance simply because it has taken place after Admiral William Fallon made clear by implication on February 2 through his departure statement that he was not that much happy with the twelve point agreement that the Nepal's legitimate parliamentary parties have signed a deal with the Maoists whom, Fallon concludes, were not yet a "legitimate political actor".

This amply means that Fallon would have exclaimed Jesus Christ how come some legitimate forces of the country could have struck a deal with the "illegitimate" political actor of the country.

It is obvious that Admiral Fallon made such an observation which reflected his government's view in Washington .

Now here is Moriarty approaching President Koirala to ventilate apparently the same feelings as was made known by Admiral Fallon.

Analysts presume that Ambassador Moriarty would definitely talk whatever his government tells him to speak and thus matured political scientists at the Tribhuvan University conclude that the American side this time must have expressed its serious reservations over the much publicized deal in between the Maoists and the agitating seven signed in an alien land (and more so it is an all time infamous arm-twisting Delhi!) on November 22 last year.

Analysts at the Telegraph presume that Ambassador Moriarty must have articulated his anger over the Maoists leaders' scathing criticisms being made against his country through interviews in the recent days and weeks.

Newspaper sources say, "During the meeting the envoy showed concerns about the implementation (stress added) of the 12-point understanding reached between the seven party alliance and the Maoists".

What could have been Moriarty's apprehensions at this crucial juncture, even a layman can guess.

If the seven party alliance conclude that Ambassador Moriarty could go beyond his official line and extend support to their agitation given the Maoists' continued onslaught on his country by the rebels then it would be a sheer illusion only.

Our own source that is very close to the Congress says that Ambassador Moriarty suggested Koirala to reconcile with the King and find a way out to the present constitutional crisis.

Other sources say that the US at the said meeting expressed its deep concern over the escalating strength of the communists which if true implied that the US envoy might have suggested Koirala to think on how to bring the country's liberal and the democratic forces together.

Ambassador Moriarty's meeting with "liberal and democratic" leader, Surya Bahadur Thapa the same day also supplements to the fact that the US was really concerned about the deteriorating Nepali situation and the increasing strength of the Maoists, at least in language that are all threat loaded, and hence what could be safely said also is that the US envoy might have suggested Thapa to mull over the situation and manage a sort of working relation with the King and deal with the Maoists "effectively".

The US line of thinking is the one wherein she suggests all legitimate forces to come together and face the Maoists challenge "effectively".

This is what was recently reiterated by Admiral Fallon on February 2 and Ambassador Moriarty is on record to have repeated the same many a times in the past.

Thus Moriarty's meeting of the two acclaimed "liberal" leaders of Nepal is loaded with meaning.

Presumably, this is the US concern and not the one that has been interpreted otherwise by some interested quarters.

What in essence the US has in its mind on Nepal events will perhaps come to the fore when Ambassador Moriarty will make a lecture today afternoon at Hotel Annapurna.

Rana's no to talks, Pun says talks possible

Kathmandu : The Government's spokesperson, Shrish Rana, dismisses Prachanda's recent interviews as a matter not of that "importance" to mull over.

He however defends non-reciprocity of a ceasefire by the government in response to the ceasefire announcement made by the Maoists recently because the government concluded the Maoists move as a "strategic" one.

According to minister Rana, the Maoists made the announcement to regroup and re-arm them in the mean time.

Minister Rana's firm utterances speak of the mood of the government, which it appears not to bow down to Maoists threats but instead face it bravely.

The government spokesperson hinted that the establishment will not settle for less than what the King has in his roadmap.

This also gives inkling into the impending political scenario in the country given the firm expressions being provided for public consumption by both the warring rivals: the establishment and the Maoists camp.

While Mr. Rana version is that the government will not settle for less other than the slated parliamentary polls to be held next year, then one gentleman housed in the Royal Advisory body, Yagna Prasad Acharya, Monday hinted that elections to the constituent assembly as demanded by the Maoists and the agitating seven could be made possible provided all "national forces" reached an "unconditional agreement" over the issue.

"All three forces-the Palace, the Maoists and the parliamentary parties-must come to an "unconditional agreement" for the elections to a constituent assembly.

This is a new departure seen of late in the circles presumed to be close to the establishment, which remains allergic to the idea of the assembly elections.

Whether Mr. Acharya ventilated his own inner feelings or has it the backing of the establishment is yet to be ascertained.

In the meanwhile, on the eve of the Democracy day that falls on 19 February early next week, King Gyanendra is rumored to make an all embracing speech from Pokhara where he would be living around that time.

Observers including the political parties currently in agitation too expect that the King might facilitate the way for peace.

Some media sources in the capital say that comrade Prachanda granted practically all the fresh interviews right here in Kathmandu at an "undisclosed" place.

The Jan Aastha weekly forcefully claims that Prachanda resided in the private residence of an ex-army man.

Should this mean that the establishment some how or the other knew the whereabouts of the rebel leader but preferred silence in order not to make public its contacts with the rebel leader for a solution? Can't be ruled out. If the police was in knowledge of this, then it is understandable that the establishment knew the entire details. At times silence too acts as a tool in politics.

In the meanwhile, minister Narayan Singh Pun has once again claimed that talks with the rebels were possible. To recall, minister Pun has familial relations with some of the top hats of the party and it was his efforts in the past that the talks with the rebels had materialized.

All eyes are turned towards Pokhara from where this coming Sunday the King will unveil his impending steps.

ENBREF

India sees ISI, Maoist nexus

Kathmandu: Indian media reports referring to Intelligence sources say that the ISI (Pakistani Intelligence Agency) operatives have been lately using Bangladesh and Nepal for launching covert operations against India focusing on talent recruitment at transit-points, providing fake travel and identity documents to terrorists, providing shelter and safe meeting places, channelising funds and pumping in fake currency into India.

The media report further says that Kishanganj district in the state of Bihar due to its strategic geo-political significance and close proximity to the Indo-Nepal and Indo-Bangladesh borders, has remained as a safe haven for the ISI operatives and the Nepalese Maoists. In recent years the Maoists and the ISI jointly have increased their activities in Kishanganj besides using it as a conduit for those who sympathize with their cause in India . Moreover, because of ethnic similarly, life-style and language affinity, these elements easily assimilate into the mainstream to carry out their nefarious design in this sensitive border district, the report further says.

Chinese Deputy PM’s visit 'postponed'

Kathmandu : A high-profile impending Nepal visit led by State Counsellor Tang Jiaxung, has been postponed. The 20-member delegation to be led by Jiaxung, who is also the former foreign minister, was scheduled to visit Nepal from February 16 to 18. The delegation was also scheduled to meet the King and various government officials.

US slams Nepal polls as 'hollow' exercise

Kathmandu : "The United States believes Nepal 's Municipal elections called by the King today represented a hollow attempt to legitimize power," the State Department Spokesman Sean McCormack said. He said there was a clear lack of public support for the elections and the voter turnout in the capital is estimated under 25 percent.

He added that only way to deal with the Maoist problem is to restore democracy in the Himalayan Kingdom .