Time for justice
The government is coming under increasing pressure to act quickly and decisively in step with the mandate of the Jana Andolan. Its announcement of ceasefire on the heels of the Maoists’ unilateral one and the constitution of a five-member commission to investigate official excesses against the pro-democracy protesters are steps in the right direction. The CPN-UML, a major constituent of the government, on Saturday proposed arresting and jailing the vice-chairmen and ministers of the outgoing royal cabinet for their role in trying to suppress the Jana Andolan. It also called for changing names — from His Majesty’s Government to Nepal Government, from Royal Nepalese Army to Nepal Army — besides slashing the annual royal palace budget from the current rough figure of Rs. 60 crore to Rs. 12 crore, a figure somewhat larger than the budget that existed during the last days of King Birendra, as well as dissolving the Rajparishad immediately.
Indeed, to make the transition to constituent assembly (CA) and beyond smooth, the government has to do much more to reverse the regressive decisions of the past and remove existing obstructions. Though talks with the Maoists and formation of the final interim arrangements are crucial to a political solution of the conflict, the need to bring to book those in government positions who went out of the way to back the royal regime and therefore subvert democracy can hardly be postponed. Selective actions on just a very few, such as the chief secretary, now forced to go on leave, will not be enough.
True, the government must not act with a feeling of vendetta, but this should not mean letting the guilty escape unscathed, as in 1990. The failure to act against the guilty then and subsequent promotion of those of dubious merit or loyalty to the 1990 Constitution facilitated the royal takeover and the general powerlessness of the constitutional organs and the judiciary to uphold the Constitution. The government will be well advised to suspend those with prima facie evidence of going out of the way to suppress the movement even before the probe panel’s report arrives. This step would minimise the possibility of these people to use their official authority or influence in their favour, besides sending the right message to the people. No employee is bound to obey illegal orders, and this applies increasingly as one moves up the hierarchy. Therefore, office-bearers of the constitutional organs can hardly defend themselves if they have collaborated as they are supposed to act autonomously. And judges need to be subjected to even greater scrutiny to judge whether they lived up to their constitutional role. Those who fail the test should be asked to go or be impeached, as the 1990 Constitution clearly provides for the removal of any of them for reasons of ‘incompetence, misbehaviour or failure to discharge the duties of his office in good faith’. But, the authority of the present government and the House goes far beyond.