EMERGENCY OPTION UNDER CONSIDERATIOB
Kathmandu, 22 May: Wary of missing the May 27 deadline once again, with less than a week remaining to promulgate the constitution, top leaders of major political forces today, during their meeting with President Dr Ram Baran Yadav, floated the idea of yet another extension of the Constituent Assembly term, Ananta Raj Luitel writes in The Himalayan Times..
Prime Minister Baburam Bhattarai, Maoist Chairman Pushpa Kamal Dahal, Nepali Congress President Sushil Koirala, CPN-UML Chairman Jhala Nath Khanal and DPM and Madhesi Janaadhikar Forum-Democratic Chairman Bijaya Kumar Gachhadar held an hourlong meeting this morning [Monday] with the Head of State and briefed him on country’s politics and negotiations they are holding. The leaders, it is learnt, told the President that term extension was the only option left if the constitution were to be promulgated through CA.
However, Prime Minister Bhattarai’s press adviser Devendra Paudel told THT that what leaders said was just an idea.“It was discussed just as an alternative when discussions reached the point: What if CA fails to deliver the constitution by May 27.”
Paudel said the leaders ‘are well aware of the fact that this is not the right time to discuss term extension option’. “The leaders assured the President that they will do their best to forge consensus on disputed issues,” he added. Term extension, however, is an option the leaders will dread to go with in view of Supreme Court’s November 25 verdict in which it had said failure to promulgate the statute by May 27 will result in automatic dissolution of CA.
Experts on constitution and politicians, on the other hand, argue that the SC verdict does not bar CA from extending the term ‘if abnormal situation arises in the country’, which implies that a state of emergency can be declared to extend the CA tenure.
The leaders told the President that the situation had become complicated with growing demands from several castes and communities and that they were facing difficulties to work on the constitution.
According to a source close to the government, the leaders are of the view that the constitution must be promulgated through CA and for that term extension was required.
President’s Press Adviser Rajendra Dahal said Dr Yadav cautioned the leaders to complete the task of drafting the constitution by the May 27 deadline and told them to try to resolve all the problems by today itself.
When CA Chairman Subas Nembang asked about the idea to extend CA term that the leaders discussed with the President, Nembang said, ““I did not have the faintest idea that leaders talked about it. No one discussed this with me.”
‘What will be political justification?’
Lawmakers have said extending the Constituent Assembly term by declaring state of emergency may give legitimacy to the move but that will require serious political justification. “Such a move will create room for misuse of authority, and we must be cautious about this,” said UML lawmaker Agni Kharel. “Though the Interim Constitution has given this option, it is not easy to prove the rationale for such a move. What will be the political justification for such a step when there has been no significant progress made on the constitution front. An artificial emergency cannot be imposed just to extend the CA term,” said Kharel, adding that seeking fresh mandate, as suggested by the Supreme Court, will be rather a more fruitful option. NC lawmaker Radheshyam Adhikary also said the parties do not have justification for yet another extension as no vital progress has been seen in the constitution-making process. “Further extension will invite serious question against CA’s legitimacy because it was elected only for two years. One more extension and CA will lose its legitimacy,” said Adhikary.
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STRIKE CRIPPLES LIFE ACROSS NATION
Kathmandu, 22 May: Normal life was thrown out of gear across the country today for the second day of three-day bandh called by the Federation of Indigenous Nationalities, Indigenous Struggle Committee and Broader Madhesi Morcha, The Himalayan Times reports from Pyuthan..
One person lost his life as he could not receive timely treatment due to bandh on Sunday night in Pyuthan. Dilidevi Gandarv (65) died in the want of medical treatment. Nuwakot’s headquarters Bidur remained tense today after locals clashed with bandh enforcers. The clash started after bandh organisers beat up locals Sushil KC and Narayan Shrestha.
Most of the government offices in Kavre’s Dhulikhel wore deserted look due to bandh. The number of service seekers was almost nil. Long- and short-route buses stayed off the roads in the district.
Activists of the Federation of Indigenous Nationalities who were enforcing bandh in Charikot Dolakha manhandled Charikot-bas-ed Kalinchowk FM’s chairman Dipak Basnet and vandalised his motorbike.
After the incident, Dolakah-based mediapersons met the Chief District Officer and DSP and demanded security for journalists.
Issuing a press release today, Dolakah chapter of the Federation of Nepali Journalists condemned the attack and demanded stern action against the guilty.
Bandh enforcers also damaged a motorbike belonging to the Citizens Bank in Charikot.
Arghakhanchi, Tanahu, Kaski, Dhading districts also bore the brunt of general shutdown. Vehicular movement was obstructed in these districts. Industri-es, factories and marketplaces downed their shutters.
Tanahu-based journalists today staged sit-in in front of the Tanahu DAO Damauli against the attack on journalists across the country.
Bandh has hit life hard in Bara, Parsa, Rautaaht, Chitawan, and Makawanpur districts as well. Long- and short-route buses stayed off the roads in these districts. Factories, industries, educational institutions and market places remained closed.
Agitators had held out protest rallies along the East-West Highway demanding identity-based federalism.
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