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Chakra Bahadur Shahi news reporter
A meeting of the Constitutional Council convened by Prime Minister KP Sharma Oli on Saturday has recommended the appointment of Madhav Regmi as the chairman of the Public Service Commission. At first glance, this recommendation seems natural. Regmi, who retired from the Public Service Commission after working as the Secretary to the Government of Nepal for five years, is eligible for the post or not? The debate is not necessary. But the process by which he is recommended and the reason why he should be recommended has shocked everyone. First of all, a case is pending in the Supreme Court against the Judicial Council Ordinance brought against the constitution. A meeting of the Constitutional Council held under the same controversial ordinance recommended Regmi. Chief Justice Cholendra Shamsher Rana has participated in the meeting of the Constitutional Council convened as per the case against which the case is pending in the Supreme Court. Now, what will be the decision of the Supreme Court on the issue of bringing the ordinance in violation of the constitution? It is because of this that the public loses faith in the judiciary.
Similarly, Madhav Regmi, who has been recommended for the post of chairperson of the Public Service Commission, is the brother of Kumar Regmi, who became a judge in the Supreme Court from the Congress. Why did Prime Minister Oli, who is looking for his Hanuman and C-grade flag cadres by lighting a torch, appoint Regmi, a Nepali Congress activist, as the chairperson of the Public Service Commission? The answer to that question is very complicated.
Bhai Kumar Regmi’s decision to restore the CPN-UML and the Maoists and the appointment of Daju Madhav Regmi as a member of the Public Service Commission by Prime Minister Oli are not considered as a coincidence. In fact, the decision made by Judge Regmi on March 8 was a surprise to the world.
Two years ago, Rishi Kattel had gone to the Supreme Court saying that another party had registered the Communist Party of Nepal in the name of his party. The Supreme Court, which had been ignoring the issue for two years, ruled that Prime Minister Oli was in the minority in the Communist Party of Nepal (CPN). Decided not to ask. A case was filed over the name, but the decision was to revoke the registration of the CPN (Maoist). Due to this decision, the UML and the UCPN (M) returned to normal. Returning the UML to its former glory would mean “reinstating Prime Minister Oli, who has been forced to retire from politics.”
If the CPN (Maoist) was alive, Oli would not have been able to reach 40 percent in the Central Committee or the Parliamentary Party. He automatically reached the status of CP Mainali. However, after Kumar Regmi decided to dissolve the CPN (Maoist) and revive the UML and the UCPN (M), Oli became so powerful within the UML. The draft of the decision was drafted by UML parliamentary party deputy leader Subash Nemwang a week ago while sitting in Baluwatar and given to Kumar Regmi to read the same. At that time, it seemed to the columnist – ‘There should be no such procedure.’ But analyzing the manner in which Kumar Regmi’s brother was rewarded at this time, this columnist felt that he was confused at that time.
Does being a judge’s brother disqualify you from constitutional appointment? Is Madhav Regmi’s disqualification to be a judge? Questions have also been raised by Prime Minister Oli’s supporters. These questions are not illegitimate. But if we dig into the political background of the Regmi brothers, the rise of the Baluwatar land issue, the role played by Kumar Regmi as a lawyer in the land case, the reason for passing the registration in the name of 8 Aana Kumar Regmi in the land, this case is like trembling.
How did Congress leader Kumar Regmi become a Supreme Court judge under Oli? If you want to find that way, you have to reach the time when Sher Bahadur Deuba became the Prime Minister on the eve of the last general election. Four judges in the Supreme Court were vacant at the time. However, Deuba delayed the appointment process as Kumar Regmi had less than six months of experience and qualifications to become a judge in the Supreme Court. According to the news, then Law and Justice Minister Yagya Bahadur Thapa had asked Prime Minister Deuba why Oli would become the Prime Minister after the election, and why should Oli be given the opportunity to be appointed alone. But Deuba shouted, “Don’t make predictions because you know too much. No one will get a majority in the election. I will be the prime minister again.”
In fact, the gang in the Baluwatar land case had arranged for Kumar Regmi to be appointed as a judge in line with the Chief Justice. This was confirmed after Regmi was made a judge in Oli’s time. All other appointments were made by Oli alone but he asked Deuba for a post. Deuba put forward Regmi’s name. This is what happened.
There are many provisions in the constitution and law for a judge to make a fair decision. One of them is a provision in the constitution of Nepal – ‘A judge cannot be appointed to any place other than the Judicial Investigation and National Human Rights Commission.’ There is a precedent of appointing Samdhi Samdhina.
If the message that the judiciary has started selling and buying goes to the people, the state will collapse. In fact, when the executive and the legislature, one of the three organs of the state, do bad things or get into disputes, the country does not suffer much. The chief executive who commits bad deeds can be immediately punished and dismissed. The people have the right to be punished within five years even if the legislature does bad things, but if the judiciary does bad things, the people have no choice but to revolt and distrust the state.
In fact, justice is the strongest power and credibility of the state. If the judiciary is fair and strong, the smaller the country, the stronger it will be, but if the judiciary is weakened and sold, the bigger the country will be.
Many countries in the world do not have to look for examples of this. It is enough to see Ram Shah’s Gorkha. At that time, Gorkha was a small, barren land with a population of 12,000. Kantipur was a state with a population of 1.5 million and very fertile land, but the Gorkhas easily swallowed Kantipur. Not only Kantipur was swallowed up, but also the Gorkha of Nepal unification. Because the judicial system of the Gurkhas was such that – ‘Go to Gurkha if you don’t get justice, go to Kaski if you don’t get religion’. In fact, it is the judicial credentials that have enabled the poor and small state of Gorkha to unify Nepal. The main reason for the downfall of the very rich Malla kings is the failure of the people to experience justice. Why did even the people of Nepal Valley get fed up with the injustice of their king and resort to the Gorkhali king? The context is very complicated.
