" Frequent obstruction of the House defeats the very purpose of the legislature "
It is unfortunate that the parliamentary proceedings should be obstructed for almost a fortnight now due to the adamancy of the opposition party, the CPN (UML), for a probe panel into the recent gold smuggling case. On Monday, House Speaker Devraj Ghimire and the three big parties represented in the parliament held talks to ease the obstruction but to no avail. A day earlier, the Department of Revenue Investigation had handed over the 100-kilo gold smuggling case to the police, which allows the Central Investigation Bureau (CIB) to probe into it as it became evident that it was not just a matter of revenue embezzlement but also organised crime. However, the UML has been insisting that a parallel high-level probe committee be formed so that it could give recommendations to prevent the repeat of such smuggling cases in the future. Due to the difference of opinion between the two sides on the issue of forming a separate probe panel, the parliament has become a victim. It thus defeats the very purpose of the legislature - to enact laws to make policies - and oversee the implementation of laws.
It must be borne in mind that just one law has been formulated since the general elections on November 20 elected a new parliament, largely because of the multiple obstructions taking place in the parliament.
The UML had obstructed the House in May after a Maoist leader accused it of engaging in high corruption.
In June, the UML, together with the Rastriya Swatantra Party, again disrupted the House to protest against a provision in the budget to scrap the district election offices. Then in July, the UML brought the House to a standstill demanding the resignation of Prime Minister Pushpa Kamal Dahal over his controversial remarks made at a book launching function in Kathmandu.
And now, since July 26, the UML has been obstructing the House over demands for a probe panel into the latest gold smuggling case that has rocked the country.
Due to frequent obstructions in the House, important bills have been pending. An ordinance introduced by the government on May 3 to amend the prevailing laws and criminalise usury had expired as it could not be adopted within 60 days of the commencement of the House session. However, the bill was authenticated by the President on July 28 after both the Houses passed it following much hue and cry. While frequent obstructions in the House to push one's agenda forward show a lack of parliamentary culture, the UML may have a point in that the probe by the CIB into the gold smuggling case will only look into one particular case. The latest gold smuggling offence, also involving Indian and Chinese nationals, is now inter-country organised crime and definitely not an isolated one, as reports show that tons of gold have entered the country illegally only to be smuggled out again. And this could not have happened without the involvement of political leaders, as alleged by the UML, and people in high places. Thus, we need solid proposals to plug this illegal entry of the yellow metal and other contraband as their unabated smuggling could even impact our relations with neighbouring countries.
Arrest warrants
The Kathmandu District Court (KDC) allowed the Central Investigation Bureau (CIB) of Nepal Police to arrest four former ministers on Monday for their alleged involvement in transferring Lalita Niwas land to individuals by forging documents. After getting permission from the court, the CIB has now issued an arrest warrant against former deputy prime minister Bijay Kumar Gachchadar, former land reform minister Chandra Dev Joshi, former land reform minister Dambar Shrestha, and former state minister Sanjay Kumar Sah. It has been established that they had taken proposals to the council of ministers to transfer the government land to fake mohi (tenants) and convert some plots into guthi land, which was later registered under individual ownership.
The KDC's decision to allow the CIB to arrest the former ministers follows the directive order of the Supreme Court on Sunday. The top court ordered the relevant government agencies to immediately start investigation from the top layer to execution levels.
The apex court observed that the government land was transferred to private ownership due to the cabinet decisions taken by former prime minister Madhav Kumar Nepal and Baburam Bhattarai, who also should be booked to ensure a fair trial.
A version of this article appears in the print on August 9, 2023, of The Himalayan Times.
