The Regmi regime can redeem itself by announcing local elections in June and a date for CA elections in November
The Supreme Court’s stay order this week on the establishment of a Truth and Reconciliation Commission, as per the parameters promulgated by the previous government and passed as ordinance by the president, has been welcomed by families of victims as well as human rights activists.
It also underlines why many of us have been harping on the need for an independent judiciary when all other pillars of democracy have been compromised. This ruling is precisely why the separation of powers is so important. And it is heartening to see that even when the chief justice has become the chief executive without resigning from his Supreme Court post, the apex body continues to fulfil its check and balance role.
The whole idea that Truth and Reconciliation could have been included in a ‘package’ deal on the formation of an election government was absurd to begin with. But such was the desperation on the part of the international community with the state of paralysis that its members looked the other way to fully back an election government led by the CJ. The four-party cartel willingly sacrificed justice in conflict-era crimes for the sake of political expediency, and exposed a fatal flaw in the whole chief justice project.
One could say that is now water under the bridge. One could argue that we now have to make the best of what we have and try to ensure clean and violence-free elections soon. But the reason the process is stuck again (over deciding on the date for elections and bringing the smaller parties on board) is because the political parties still want to dictate policy when they have collectively lost their moral authority to do so. The cross-party leadership that created the mess is now blaming the Election Commission and the technocratic interim election council for the delay.
It would be advisable for Chairman Khil Raj Regmi, if he wants to redeem his reputation, to immediately do three things: a) resign from his chief justice position, b) announce local elections in June, and c) show the four main parties who is boss by setting an irrevocable November date for CA elections. Regmi will have to swallow his pride and show more assertiveness than he has so far, but we cannot have this bipolar state anymore where an election government is a puppet of date-expired political leadership.
The Supreme Court’s stay order was in response to writ petitions by human rights lawyers challenging its provisions for pardon and amnesty even for those found guilty of heinous crimes like extra-judicial killings, disappearances, torture, and rape. The whole process of formulating the bill and the passing of the ordinance was shrouded in secrecy. Families of victims were never consulted, human rights groups did not have a say, and even the National Human Rights Commission was bypassed.
The plot was hatched by the Baburam Bhattarai-led coalition, which had the most to hide. When he was prime minister, Bhattarai promoted army and police officers involved in atrocities, he publicly coddled a Maoist ex-CA member who had been convicted and sentenced to life imprisonment by the Supreme Court, his government’s chief spokesman was another Maoist commander implicated in summary execution, and he ordered police not to pursue disappearance, murder or torture cases like that of journalist Dekendra Thapa of Dailekh. Now, in cahoots with their former enemies, the Maoists are terrified about facing the consequences of their terror.
No one should be surprised that the Maoists would try to wriggle out of facing any punishment for the violence and terror they unleashed on the people. But it is truly tragic that the Nepali Congress and UML should also join this unprincipled stand.
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“We must push for June.”