For the current division in the Nepali Congress it is PM Deuba to be blamed primarily

-Subash Pokhrel, NC Activist

Subash Pokhrel is not a new name for those who have been going through the pages of The Telegraph weekly over these years.

Though he is a NC activist having worked for the party in various capacities, however, we invited Mr. Pokhrel not as a political activist of the congress but as an intellectual whose analyzing capacity of the contemporary political events remains superb.

His tilt towards the Koirala congress is distinctly visible as would be evident from the answers he has made for our questions.

Subhash Pokharel, M.Sc., B.Law, Advocate, Lecturer, Former Secretary, Nepali Congress Central Secretariat, Former General manager, Himal Cement Co. Ltd. President-Nepal forum for Human Rights and Development was born in the year1969, in a village called Bateshwor in the Dhanusha district.

Mr. Pokhrel writes frequently for Deshantar Weekly and his critical write-ups are read with great interest by his critics as well. He does not mince words when he has to write on a particular national event that has a bearing on national politics.

He is a voracious reader as is not unusual with the students of Science discipline.

At the moment he is teaching Chemistry degree level students in Baneshwar.

Last week we invited him for this column after an interval of two years or so. Below the results: Chief editor.

TGQ1: Mr. Pokhrel, how the politics of the nation will take a turn if the apex court revives the parliament? Will that be in the overall political interest of the nation? Your opinions please!

Pokhrel: It has been obvious that Nepali congress commanded majority in the last parliamentary elections with almost a dozen seats more than the required 103 parliamentarians to form a stable government. If parliament resurrects or for that matter it gets a new lease of life, Nepali congress will, obviously, be the largest party in the house as the Congress Party has not undergone moieties constitutionally. Nepali Congress Party has ostracized half a dozen parliamentarians from the party membership stigmatizing them for their deviation from the party principles and undemocratic conducts. So, Nepali congress still commands majority in the house even without those party pariahs.

According to the persisting Nepal Acts, a party can follow schism either in the parliamentary party or in the central working committee of the party, for which agreements of at least forty percent of the total members is required. So far as the current division of the Congress Party is concerned, it is perfectly out of statute and can never get the legal ratification and endorsement. Therefore, if parliament resuscitates, Nepali congress will form the stable government, for which Nepal is darting.

On the other hand, if Supreme Court endorses the recommendation of the Premier Deuba, the elections will be the necessity, constitutionally. But, the nation is not ready for the plebiscite, particularly, at this very juncture of the declaration of the state of emergency throughout the country. The state of emergency means the indirect army-rule instead of the civil governance. At this moment, Nepal is not ready for the free and fair election, which is all-accepted cornerstone of democracy. So, it is feared that there can be government selections instead of elections of the house.

The verdict of the court in the favor of the revival of the parliament will definitely be beneficial Mr. Upadhyaya for the country and the people. Let's wait and see for the moment.

TGQ2: What will happen if the Prime Minister resigns suddenly prior to the decision of the Supreme Court? Will that invite a constitutional crisis? Your exclusive remarks please!

Pokhrel: According to the Constitution of the Kingdom of Nepal, the Lower House of the parliament elects the Prime Minister. But, right now, the House of Representatives is in a state of dissolution and, against the decision of the Prime Minister of dissolving parliament a lawsuit/writ petition has been filed in the court for and is awaiting the apex court's final verdict. So, at this time, if the Prime Minister resigns, then, obviously, a constitutional crisis will crop up. And, we have to go to the article 127 of the Constitution, which is extra-constitutional right of the King to resolve the constitutional crisis arising thereafter. At that time, most probably, His majesty will call all the political parties in the erstwhile Lower House and ask them to give a name for the premiership and appoint the recommended person to act as a caretaker. If the House resurrects, the house will select the Prime Minister to supplant the caretaker and if not the caretaker premier will conduct the parliamentary elections for the fourth house.

TGQ3: The Congress is divided. Whom you primarily blame for the split? Do you see any external dimension in the split? Your comments please!

Pokhrel: Deserting the guideline of the party and its parliamentary unit, Prime Minister Deuba dissolved the House in the mid-night even without inkling of his own cabinet member and finally came to the conclusion to form a new party. Within the party, Mr. Deuba was already in the third position just after party's founding father Mr. K.P.Bhattari and President Mr. G.P.Koirala. Due to decapitating health of both the leaders, within a few years, the sole response of the party were automatically to be shouldered by Mr. Deuba. Thus, it is quite remarkable to note why Mr. Deuba despite his exalted position within the party dissolved the house and formed a new party? It can not be only interpreted to be a right decision because of his ambition to be the Prime Minister for a few more months. But instead it strongly smells a great plot against democracy.

Thus, for the current division of the Congress, it is Mr. Deuba to be blamed first.

TGQ4: The London conference on Nepal indirectly hinted that P.M. Deuba is a sinking horse and hence he be replaced with a strong personality who could give strong leadership to the Nation? Should he be replaced? But, how?

Pokhrel: The man at the helm of state affairs must be a strong one who could steer the nation and work efficiently for the speedy development and, that sort of government can only rescue the country from the predicaments in which Nepal has been trapped now. So, donors and well-wishers of Nepal join hands with the Nepalese development experts to advocate and expect to see strong man in the exalted post of the government.

Parliamentary party of Nepali Congress elected Mr. Deuba as its leader in the parliament, and he became the Prime Minister. The able and competent leader and "capturing of a post" are two diametrically opposed issues, particularly, in the countries like ours where illiteracy and poverty abound. Leader is elected by various factors rather than by his capacity and commitment, but money and assurances for the post counts.

If we recall the previous tenure of Mr. Deuba as a Prime Minister, his Premiership was golden-age for the swindlers, smugglers and frauds. Democratic system was left in jeopardy. Pajero, Sura-Sundari and Bangkok trips were introduced by Mr. Deuba. So, Mr. Deuba was never and can never deserve to be a premier, but it can't be forgotten that parliamentarian management is essential to hold the helm of the nation, which is most complicated game.

He can be easily replaced if parliament revives. Otherwise, it is very complicated to oust him because constitutionally a Prime Minister can only be changed in house in the normal political situation.

TGQ5: King Gyanendra has repeatedly said that he will not shy away from fulfilling his duties, should the people so wish? Do you think the possibility of King's intervention in the future?

Pokhrel: King has repeatedly expressed his commitment towards democracy and the constitution, and king's duties are really confined to our statute. So, he is not free to go beyond the demarcation-line of the constitution. Our constitution has accepted the king as head of the state and he should have to act as per the recommendation of the elected P.M. till the parliament is alive. But, in absence of the House, the role of the various national parties can not be overlooked as we are following the multi-party democratic system of governance.

So far as King's intervention is concerned, it is perfectly unconstitutional and will push the king in double jeopardy. Maoist with such a remarkable national networking is in first hand is a threat to the royal-palace as they are working for the republican state. If king acts unconstitutionally, all the democratic parties will be forced to join hand with the Maoist and that will be undefeatable force. Thus, king will never, I believe, put him in sheer jeopardy by crossing the limits of the 1990 constitution.

But king should have to act for the overall wellbeing of the nation by mutual consultations with the political parties, which is supposed to be the pillar of democracy- for which we have fought so long.

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