Internal Subversion?

Former prime minister Deuba files a petition in apex court putting RCCC on trial challenging its judgment as unconstitutional and internal subversion against Melamchi

By KESHAB POUDEL

With the verdict of Royal Commission for Corruption Control (RCCC), a high-level anti corruption watchdog, the fate of ongoing Melamchi Drinking Water Project is going to be like that of the tragedy of Arun III Hydro Power project.

Deuba : Challenging the verdict

Former prime minister Sher Bahadur Deuba and former minister Prakash Man Singh filed a petition at the Supreme Court demanding to quash the verdict of unconstitutional body on Melamchi. In its verdict, the RCCC fined Rs. 45 million each and ordered jailed terms of two years to Deuba, Singh and other senior government employees and contractors.

Headed by former home secretary Bhakta Bahadur Koirala, former major general of Royal Nepalese Army Raghuchandra Bahadur Singh and former chief of Intelligence Department Hari Babu Chaudhari - who do not have any judicial experience - the RCCC – which has been given extra constitutional authority to investigate, prosecute and trial – is emerging as an organization to sabotage the projects of national interest.

Deuba and Singh have, in their petition to the court, accused that the RCCC judgment on Melamchi Drinking Water Project is internal subversion against the country’s major project.

According to the constitution, certain judicial experience is required when appointing judges. The article 84 says “the powers relating to justice in the Kingdom of Nepal shall be exercised by courts and other judicial institution in accordance with the provisions of this Constitution – the laws and the recognized principle of justice.”

In their petition, Deuba and Singh have demanded quashing of the decisions/judgment of the unconstitutional commission – which is against the letter and spirit of the Constitution of Kingdom of Nepal. In eight-pages-long petition, they have cited many constitutional provisions and laws to prove that the commission’s verdict is against the spirit of the preamble of the constitution. The constitution, in is preamble, states ‘to establish an independent, competent and competent system of justice with a view to transforming the concept of the Rule of Law into a living reality.’

T he Constitution of Kingdom of Nepal 1990 has authorized the power of investigation to the police, prosecution to Attorney General and court for holding trial. The RCCC, however, exercises all three powers of investigation, prosecution and trial – which are against the natural justice system. Deuba and Singh have demanded to declare the RCCC as malafide and politically motivated.

The members and chairman of the commission have to change three hats in a day. In the morning, the commission members have to act as police, in afternoon as prosecutor and in the evening as judges.

Despite years of opposition from so called environmentalists and anti-high dam lobbies, many multilateral agencies including the Asian Development Bank (ADB) had agreed to support Melamchi – which aims to supply drinking water to the valley residents.

The RCCC, an agency formed to clean up the corruption, has done in one stroke to subvert the Melamchi Project, which external elements could not do with years of efforts including the frequent disturbances by the Maoists.

Melamchi drinking water project is the first mega project that plans to carry water to the capital city through 29 kilometer long tunnel. The project was implemented following rounds of studies by many international agencies and experts.

“One day the person in authority may have the same kind of regrets as was felt by those in the authority after the cancellation of Arun III project but it is going to be too late,” said an analyst. “Once Nepal ’s loses its international credibility, it will take years to recover. Nobody will come to invest and work in the country – where there is no legal and constitutional guarantee.”

From project estimation to finalization, it involved highly qualified external consultants and experts including consultants from Norway as well as Asian Development Bank. Without giving them opportunity to explain their viewpoints, the RCCC consisting of persons from non-legal background decided the matter.

In fact, this commission had no authority to summon experts who were involved with government agencies. The commission dragged former prime minister Sher Bahadur Deuba on trial but ironically the Commission was itself put into trial by national as well as international opinion. The scale of justice seems to have tilted more against the Commission than victims. Some say that Nepal is under an autocratic regime but the way things are brought into public scrutiny as well as in the process of judicial scrutiny, this belies the pessimistic outlook.

At a time when no major mega project is in the pipeline, cancellation of Melamchi will have long lasting effect in the country’s development process. Even if there are certain unscrupulous dealings, they could have been corrected without putting the whole project in jeopardy.

With the verdict of Royal Commission on Corruption Control (RCCC) on Melamchi, the tragedy of Arun III might be repeated in a different way.