National 1 (Spotlight Weekly)

Justice Prevails

The stay order by the apex court against Minister Panta’s whimsical decision allows 348 Nepalese workers to go to South Korea

By KESHAB POUDEL

As soon as Supreme Court issued an interim order against the decision of Ministry of Labor and Transport Management to cancel the registration of Lumbini Overseas Company – a man power agency permitted to send Nepalese laborers to South Korea - the court premises was full of joy and happiness as 348 youths - who were stranded at last minute due to the decision – celebrated and greeted each other.

After two days of hearing, the division bench of Justice Shilu Singh and Justice Rajendra Kumar Bhandari issued an interim order to stay the illegal decision of the ministry until the final verdict in the case. “Finally, the justice and truth seem to have prevailed,” said advocate Bal Krishna Neupane, who pleaded on behalf of Lumbini Overseas. “It is the matter of investigation now how our own institutions can go to such an extent to sabotage Nepalese interest. At a time when the country is not in a position to provide employment to Nepalese back home, what prompted the communist minister Raghuji Panta to block South Korean labor market?”

“The decision of ministry had made our future uncertain,” said Ram Bahadur Thapa, father of one of the youths selected for employment. "Actually, my son was so frustrated that he could have committed anything wrong.”

This decision not only saved the right of Lumbini Overseas to run its business legally but also paved the way for 348 youth who were already selected for the employment in South Korea to choose their course.

No matter what minister Raghuji Panta - who tried to scuttle and stop dispatch of selected manpower to South Korea – did to block the process of sending Nepalese laborers to Korea, the court’s decision cleared the way.

“Under normal circumstances, ministerial code and political morality, minister Panta should have resigned and quit his post the moment his decision was vetoed by the cabinet but for the reason best known to minister Panta himself, he is staying in cabinet defying all the political norms and ministerial responsibility,” said a lawyer.

For his failure, prime minister Sher Bahadur Deuba should have shown minister Panta the door immediately to maintain the dignity of cabinet system. Due to failure of Deuba, minister Panta seems to have been encouraged to continue and take revenge against Lumbini Overseas by quashing its license.

“Now finally the supreme court has rightly and justly stayed his illegal and immoral decision of quashing the license of Lumbini Overseas. He has forfeited every moral ground to stay in his post as a minister,” said former attorney general Badri Bahdur Karki, who pleaded on behalf of Lumbini Overseas.

The Ministry, however, said the decision to cancel the license was taken under the guidance of the Commission of Investigation of Abuse of Authority (CIAA) – an anti-corruption watch dog. “We can direct the government to take necessary action against Lumbini Overseas,” said advocate Nanda Kumar Subedi, who pleaded on behalf of CIAA.

Whatever the motive behind the actions, it is strange to see the combined efforts by the Minister, CIAA and Revenue Investigation Department under the Ministry of Finance to stop Nepalese laborers from going to work in South Korea.

“This is a well planned attack to sabotage South Korean labor market. Who can motivate them to take such anti-national stand?” asked advocate Bal Krishna Neupane. "This episode exposed the face of minister Panta and all those institutions whose heads do not mind to claim as being nationalists.”

Minister Panta took a series of actions to stall the process of sending workers to Korea. In September, Ministry sought clarification from the Overseas about the selecting process. When Lumbini Overseas filed case in court challenging the letter of clarification, on December 7, the ministry cancelled the license of the company imposing Rs.100, 000 as fines for violating the overseas employment act. This stalled the process of sending 348 laborers to South Korea. Out of the quota of 480, the Overseas has already sent 132 to Korea.

Kul Bahadur Karki, chairman of Lumbini Overseas challenged the case in the apex court demanding interim order against the ministry’s decision to cancel its registration. Senior advocates Ganesh Raj Sharma, former attorney general Badri Bahadur Karki and advocate Bal Krishna Neupane had pleaded on behalf of Lumbini Overseas.

Had the apex court issued remedial measures as per the demand of petitioner Lumbini Overseas in its earlier petitions, the Minister would not have been encouraged to take such decisions. The apex court's decision, however, has helped remind the minister that his decision can be challenged in the court.

POLITICS
Deepening Crisis

Following security escorts at highways, the number of vehicles coming to valley increase but the political crisis is yet to settle

By A CORRESPONDENT

Following the decision of the government to provide the security escorts, transport entrepreneurs have begun the operation of their vehicles carrying essential commodities to the valley.

At a time when the country is facing unprecedented crisis, country’s major political parties are yet to find a common agenda to avert the crisis. Central Committee meeting of ruling Nepali Congress (Democratic) is divided on the issue of holding elections and/or reinstating the parliament.

Similarly, CPN-UML has also internal differences. Thanks to the Maoist blockade, the convention of student wing of Nepali Congress was postponed. The political situation seems to be heading towards further uncertainty.

“When there is no other way of settling the political problems, we must revive the House of Representatives,” said Dr. Narayan Khadka, central committee member of NC (D).

The Bandh (general strike) called by the Maoists on the eve of King Gyanendra's proposed India visit on 22 December - which was later postponed after the death of Indian former prime minister P.V. Narsimha Rao - is yet to be withdrawn.

As political instability continues and differences persist over the agenda of solution, the country is staring at a long and hard path ahead.