The Nepal Weekly 
December 13, 2022
The government’s attempt to amend the Civil Criminal Procedures Code 2074 BS with the aim to release various political prisoners including Resham Chaudhary, who are serving jail term on murder charges has come under widespread criticism. Also, pressure has increased from within and outside the ruling Nepali Congress party on the government to withdraw the ordinance.
The government has however argued that an ordinance was necessary to bring the political groups or political parties involved in violent activities to a peaceful politics and to the political mainstream. On Monday while bringing the ordinance Minister for Communication and Information Technology Gyanendra Karki told media that the purpose of introducing the ordinance was to forgive groups or parties that disagree with the country’s political system and bring them to a peaceful path. He also informed that the ordinance has been recommended to the President.
“It was decided to bring the ordinance with the aim of allowing everyone to work in a comfortable environment bringing about the internal unity in the country,” claimed Karki. Stating that previous governments have also brought such ordinances, he added, “The ordinance has been brought keeping in mind the current needs.”
However, Nepali Congress General Secretary Gagan Thapa has urged the government to immediately withdraw the ordinance saying that the executive has interfered in the jurisdiction of the courts and Parliament. “The ordinance is totally against the law it is politically and morally wrong as well as unconstitutional, undemocratic and against the spirit of the parliamentary democracy,” Thapa mentioned in his social media platform, “the current government being a caretaker one cannot make decisions of far-reaching consequences,” he pointed out.
Thapa also argued that the government cannot withdraw a case pending at the court. “If this a political matter, the new parliament, seeing the need, can make a law and take the process forward.” “THus the party cannot bear the weight of this wrong decision made by the government,” pointed out Thapa.
Similarly, another General Secretary of the ruling party Bishwa Prakash Sharma, has also opposed the ordinance. The decision to introduce the ordinance was not only a legal and political question but also related to ethics, he pointed out. “It is not only a completely wrong legal and political question for not keeping close discussions between the parties and within their own party to bring an ordinance during the transitional period, but also a moral question is attached to this case,” Sharma wrote in Social media platform.
Similarly, Deputy General Secretary of CPN-UML Bishnu Rimal has strongly opposed the government’s ordinance to release people in jail. The ordinance has attacked the very spirit of the constitution, he pointed out. He has made it clear that UML will strongly oppose this ordinance. “The acting government has no right to bring any kind of ordinance.”
Likewise, Rabi Lamichhane, chairman of the Rastriya Swatantra Party, has said that the decision to bring the ordinance is the height of political shamelessness. He urged the government to immediately withdraw the ordinance. How long will it take for the new parliament to hold a meeting? A week, two weeks, three weeks, what kind of emergency had come that the government can’t even wait for 1/2 weeks? questioned former TV journalist. This ordinance has violated the meaning of the new mandate,” he wrote on social media. “There has been an attempt to violate the rights of the new parliament. This step is the height of political shamelessness.”
The present ruling coalition has so far received close to 50 percent HoR seats in the November 20 elections. If all the five coalition partners Nepali Congress, CPN-Maoist Centre, CPN-Unified Socialist, Lokatantrik Samajwadi Party and Rastriya Janamorcha, remain intact, the strength of the alliance will reach 136, which is 2 seats short of forming a majority government. Nepali Congress president and former Prime Minister Sher Bahadur Deuba is trying to win the support from smaller parties, such as Nagarik Unmikti Party and Janamat Party to form the next government. The proposed amendment is aimed at pleasing the Nagarik Unmukti Party founded by Resham Chaudhary, who has been serving jail term for around seven years. Is it morally right or appropriate to amend the constitution just to please someone or to form a government under the leadership of a certain political party?
