It is the responsibility of political parties to explain first how due application of 127 constitutes an aberration

-Ram Krishna Regmee, Journalist, Nepal

He could be fairly considered as a strong pillar of Nepali journalism. He has been in this profession for decades and decades. In the process he certainly has gained vast experience and fortunately he has been sharing his knowledge and expertise to the new entrants in this profession. Modesty is what he possesses in abundance. He is definitely a very senior and highly qualified journalist.

He is Ram Krishna Regmee. His profession at the moment include teaching and research. He secured his Masters degree in the Economics discipline from Tribhuban University. Likewise, Mr. Regmee has yet another degree called PG Dip.Eng from the Exeter University, United Kingdom. He received training in Journalism in the then West Berlin, Germany.

His experiences include, among others, as a Columnist (The National Star, the Nepal Weekly) RSS- Chief Reporter, Economics Lecturer, Shankar Dev Campus, Editing Consultant: The Nepal Samacharpatra.

Mr. Regmee at the moment is serving at Kantipur City College as Head of Department of Mass Communication and Journalism.

He has several books to his credit. Some of the books he has co-authored as well. "Firing Corruption (English), Bishwa Soochana Tatha Sanchar Pranalika Naya Ayamharu 2053; Nepal Tiger (English, co-author); Samacharkarmi (co-author) are some of his books that have bagged appreciation from his friends within and without.

Last week, we approached this suave personality for a tête-à-tête on contemporary national events. Below the results: Chief editor.

TGQ1: How have you, Mr. Regmee, as a senior journalist having worked in the sector for decades an decades, been watching the unfolding political events in the country, specially after the use of the Article 127 by the constitutional monarch? What is your comment in this regard?

Mr. Regmee: The present political events display confused state of some political parties, specially the big ones, which are not sure what they actually are talking about in the present circumstances. They appear sometimes very fond of theoretical flights and engage themselves in discussion of how governments should be formed forgetting the fact that the country has a written Constitution. At other times they strongly prescribe that the governments be formed only in their specific terms and Constitutional Provisions, be utilized as per their format, comfort and sweet will. Anything that goes beyond their observation or suggestion is "unconstitutional" for them. That is why a rather odd scene is in sight: the advocates of the Constitution are in practice opposing the sincere followers who earnestly adhere to the Constitutional provision - the remedial Article - designed to clear the obstacles on the way of the same high document.

The Royal Move of using Article 127 is Constitutional. It has been activated as per the recommendation of an elected government. In its operation and through it, His Majesty the King has maintained the Constitutional spirit and ensured the continuity of the Constitutional Process in the country. The Orders issued under the Article intend to hold elections –parliamentary and local, re-establish governance by people's representatives after creating a suitable atmosphere in which people can give their mandate and uphold citizens' right to all types of freedom including that of opposition, political organization and expression.

The application of Article 127 cannot be explained in isolation. It should be viewed against the background of the political circumstances that led a government to recommend it. It was a time when Parliament had been dissolved, with law and order deteriorating every day and choking those who wanted to hold poll on schedule. The then government, according to the then Prime Minister, had consulted with the political parties prior to recommending use of Article 127.

Resorting to the Article should be construed as crisis-management with a high sense of responsibility. Avoiding it would have created a dangerous vacuum in Nepal's walk along Constitutional path.

TGQ2: A section of Nepali intellectuals appear to take the monarch’s recent moves as an act wherein the monarch has exceeded his constitutional limits. Others say the king had no options left. How would you explain these diametrically opposed theories?

Mr. Regmee: I do not think that the Constitutional limits have been exceeded. His Majesty the King has followed the letters and spirit of the Constitution. The Head of State was recommended to use the remedial Article by the then Prime Minister Mr. Deuba. The operational modality of the use of the Article is of such nature that Orders should be issued by His Majesty the King directly. The Article is silent on the content and mechanism of Orders, perhaps, to make it more dynamic to tackle obstacles. In other words, it has reposed trust and good faith on the topmost Institution in its operation. It does not provide any guidance to what the Orders should be like or how they should be taken. Those who do not like to understand the liberal component of this particular Article, are interpreting the Orders as equivalent to direct rule or a revision of 1961 exercise. This, in fact, is not true. Had any other means been undertaken, they could of course have been termed unconstitutional.

The leaders who are talking of excesses should have first explained with a sense of accountability why they, during their rule in different times in the past, could not avoid a situation in which they had many things done through Royal Ordinances and not through normal bill processes. They should have also prescribed a suitable alternative to 127 in the circumstances marked by events such as: a Prime Minister dissolves a House, the Supreme Court does not find anything wrong in it, the government fails to create an atmosphere for adult franchise polling, most political parties also find the time not suitable for poll and suggest postponement, violence continues throughout the country and the Prime Minister wants to have one year more time for settling matters, and recommends application of 127 for this.

The suggestion that Parliament be revived or government be handed over to the then parliamentary parties cannot be taken as a viable scheme from the stand point of Constitutionalism, despite their sensational value in public speeches. Nor can the non-cooperation in formation of a cabinet under 127 be received as a politically sound move of understanding in times troubled by crisis, and threatened by violence. The public call for cooperation should have been responded positively. The doubt they have expressed over the move is not well founded. If the pledge under this is not kept in future, that could of course provide food for doubt base for critical assessment of the move.

TGQ3: Nepal’s political parties apparently have been sending signals that suggest the king to correct the "aberrations" which they claim the monarch has brought solely while using the Article 127. In the process, the political parties appear to be in a confrontational mood. What if both stick to their respective stance? Can the country afford such a confrontation any more? If yes then at what cost?

Mr. Regmee: It is the responsibility of political parties to explain first how due application of 127 constitutes an aberration. Their interpretation of the same is equivalent to rendering Article 127 of the Constitution "untouchable" and "undemocratic"; the point is so far not convincing. They have not been able to prove why it should not be used in the way it has been used. Each provision of the Constitution, one should remember, is for use, cannot be appendix-like, and remains as democratic as others" It, therefore, seems that they are knowingly politicizing the point for popularity.

The confrontational mood, that is visible today, is nourished by a desire to save political leaders' face. It enables them to evade some pertinent questions – why could they not make themselves capable of earning more confidence from the people over the past twelve years?, What did they, as individuals and group, do to provide good governance to ordinary Nepalis in accordance with the spirit of the democracy restored in 1990?

As preparation for atmosphere for poll begins in full democratic traditions and as per the task given to the government, such politicizing should automatically erode. It is the duty of all political forces in Nepal to contribute to the democratic process and constitutional practices. If this is neglected, the confrontational politics will harm all and benefit none in Nepal. The negligence will prove to be very costly.

TGQ4: Maoist leader Prachanda wishes talks. The government says the doors were and are open for the same. The laymen too favour talks. However, the fact is that the talks are not taking place. Who is playing politics? Do you see any extraterritorial dimension in the emergence of the Maoists imbroglio in the action?

Mr. Regmee: The problem should be tackled through dialogue and in a peaceful manner keeping uppermost in mind the long- term interest of the people and the country. This should be backed up by the process to correct the long time discrimination, deprivation, negligence and denial of opportunities that many people in the country suffered over time due to one reason or other. All should emphasize that violence holds no ultimate solution to country's problems – political, economic or social.

Those who do not wish for the ultimate good of Nepal and Nepalis may be the ones who play politics in this regard.

Emergence of all unrests of this type is usually due to various types of dissatisfaction, suppression or trouble in the home-front. Their extraterritorial linkage cannot be ruled out in modern times of globalization.

The latest signal looks positive, though. It should be utilized wisely and properly, involving all concerned and learning lessons from the past.

TGQ5: Lastly, Nepali media has recently been in a hot soup due to the fateful case of Shrisha Karki suicide. As a senior and active journalist and also as a high profile instructor of journalism in Nepal, how do you rate the present state of Nepalese media?

Mr. Regmee: This particular actress –suicide-case that took place soon after one Kathmandu paper covered her in news with no reliably factual dimension ,and in picture with no decent tone and no visual palatability to Nepali social eye is very unfortunate. It is a sad event for journalists. They have not yet found the public cause that the coverage – that of an individual actress' private life - served. It is also a heartbreaking event for all cine-artists who lost one of their fellow members allegedly because of matters linked with that press coverage. The reaction – the feedback – is understandable.

But the incident should not be construed as representative trend of all Nepali media. The press in Nepal has been growing over the years with high sense of responsibility and very keen concern in difference between news and views, facts and fiction, source and guess. Their understanding of the free press and contribution to the same should be lauded.

But they have to do many things for claiming to be a fully responsible press: they have to be careful in maintaining its standard and improving in areas where they have not been able to bring about desirable balance between the right to report and publish and the duty to respect citizens' right to privacy, name and honour.

They have to learn primary lessons on presenting visual products. They have to develop a style of using pictures, chart a standard way of using the photos that reveal most of human body and source all pictures printed. They should be eternally alert in not allowing the sensationalism and yellow journalism stand in the way of the cause of their journalistic profession.

The suicide should serve as a wake up call for all those who neither care for journalists' code of conduct nor respect citizens' right while the subsequent public burning of the paper would stand as notice emphasizing responsible reporting. Whether that responsible reporting includes only the truth, facts and objectivity or covers all results, or effects or consequences that follow any publication is something that none but the Court has to decide on case by case basis and as per the law of the land.

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