Rejecting Review, SC  Stirred Row

<br><STRONG>Janardan Sharma Prvakar</STRONG>

Jan. 15, 2012, 5:45 p.m. Published in Magazine Issue: Vol. : 05 No.-13 Jan. 13 -2012 (Poush 29,2068)<BR>

The recent verdict of Supreme Court is against separation of power. The court has no authority to say what the tenure of CA should be. Since the Constituent Assembly is elected by the people, it is the people to decide its fate. The Court intervened in the rights of Constituent Assembly. By rejecting the review petition, the court has shown how negative the judiciary is against the forum of people. The Constituent Assembly is the agenda of political parties and it is not the agenda of any court. So, political parties take decisions about its fate.  We have already registered our voices in the Constituent Assembly. Court should have avoided this kind of controversy in involving in the affairs of the legislature.

Our party is committed to the peace process and constitution writing. It is Nepali Congress and CPN-UML which are creating hurdles one after another against the constitution. We have sacrificed almost everything for the peace process and constitution. However, Nepali Congress and CPN-UML have been making efforts to bow down us. There is a limit for surrender and we cannot go beyond this. If Nepali Congress does not agree on our demand of presidential form of government, there is no question to push the agenda of integration of People’s Army.  There is still time to make progress on what is required, and this is just a big heart of Nepali Congress in sharing power. We have already seen that the parliamentary democracy has already failed to address the challenges faced by people. There is no question to continue it. We are flexible on the issue of forms of government. Thus, we accepted  the proposal for a mixed system with president elected by the people and prime minister by the legislature.

There is a conspiracy now against the peace process and constitution writing. We see some elements are trying to fish in trouble water. From so called civil society members to Nepal’s two main parties, they are playing the game of invisible forces against the Maoists. As a largest party with wider support in the country, our party is capable to fight against such a conspiracy. The recent verdict of Supreme Court is part of such conspiracy. I want to say that CA does not have any alternative and it can decide its own fate. If someone tries to defame it or try to make it defunct, people will not tolerate it. We will go to people and ask them to rebel against any move thwart the right of people.

Whatever one can say about our party, there is no difference over the peace process and constitution writing.  I don’t think Maoists have any responsibility in delaying the peace process and constitution writing. However, it is the CPN-UML and Nepali Congress which have been making every effort to discredit our party. It is a well known fact that CA is our child and we don’t want to let it die without producing a people’s constitution.

Nobody can bypass the political parties as they are the main agents of change. Had not UCPN-Maoists raised the weapons, the country would not have seen the present situation. We know some so called civil society members are supporting the court’s verdict. I think they have vested interests and don’t want to see the survival of people’s institutions and constitution drafted by the people’s representatives.

We are not against the Truth and Reconciliation Commission and Disappearance Commission. But, both the commissions need to have limitations. As Nepalese people have developed the way for their own home grown peace process. They don’t want to see their past wounds. With support from some international forces, someone is making efforts to trial Maoist leaders in the name of TRC. We believe that violence is the history of past and people are living together with forget and forgive. In this scenario, there is no need to have a commission which can open the history of conflict. This is one of the main agenda of Comprehensive Peace Process also.

Sharma is a Maoist Central Committee member as told to New Spotlight


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