RE: FW: My article on constituent assembly

June 19, 2011

Dirgha Raj Prasai
Kathmandu

Dirgha Raj jee

It is indeed strange that you deem my article "controvercial" (sic) merely because my opinion doesn't match with your own. It manifests intolerance towards divergent views. In a democracy each individual has right to hold her/his own view; manifest in basic human right of freedom of thought. Only in absolute panchayati "democracy" all Nepali people had to be panchas and think like panchas and only panchas were deemed to be Nepali. People who held views different from official view were even imprisoned. We are now in a democracy and each person is entitled to the liberty to think differently from all and any other person. I am a type of person who dared to make my divergent views public even in the hay days of panchayat; even about the monarchy and concluding that it was an absolute monarchy (due to autocratic elements in it) and not a democratic one as most of the panchas at that time went about saying. You can read that particular article published almost 28 year ago by clicking the link below:

http://www.ratnasansar.com/2009/01/blog-post_21.html

You have also gone on to say that I have written the article "without study the reality of Nepalese context". Nothing could be further from truth. I have studied and been studying the Nepalese context at least as much as you have done, if not more. I trust you are not claiming that only you have studied and not anyone else.

You have written quite a lot about "failed present state of affairs" and ascribed it to many people and parties. You need to appreciate that this particular article of mine does not deal with that particular issue. Therefore, you comment in this respect isn't relevant in the context. Being a student of economics I too have my own views about this matter and I will be making it public in articles that I plan to write in near future.

You have also written about a number of "betrayals" and infringement of human rights. The ambit of my article that you are commenting on also doesn't deal with this issue. Therefore, there is no point in raving and ranting about these in the context of this particular article of mine.
Dipak Gyawali is a close friend of mine and we hold similar views with respect of Nepal's water resources. But we hold differing view in the matter of 1990 constitution and we respect each other's views. People are free to disagree with me. But I am against reviving that particular constitution and I have already made that view of mine public. You can access that article by following the link below:

http://www.ratnasansar.com/2010/03/blog-post_30.html

In that article I have opined that 1990 constitution is neither a democratic one nor is it the best constitution of the world as many people (including people from Nepali Congress and UML) have been going about claiming.

However, I am happy to note here that there are many issues on which we agree with each other.

In view of the above I will not be able to entertain further comments from you on this topic. But I welcome your comments on other topics.


With best regards,

Sincerely,


Ratna Sansar Shrestha, FCA
Senior Water Resource Analyst
http://www.ratnasansar.com/
-----Original Message-----

From: Dirgha Raj Prasai [mailto:dirgharajprasai@gmail.com]
Sent: Tuesday, June 14, 2011 10:01
To: Ratna Sansar Shrestha
Subject: Re: FW: My article on constituent assembly

Dear Ratna Sansar Shrestha jee !

Good Morning !

I have read your controvercial already. You have written without study the reality of Nepalese context.

You shoud know the facts-

The failed present state of affairs should be blamed on the government led by (2006-2011) late Girija Prasad (Nepali Congress), Pracanda (Maoist), Madhab nepal (UML). After the fall of the Maoist led government Madhav Nepal became the Prime Minister with the backing of India. Madhav Nepal could not do any creative works. The inflation, shortages, corruption, murder, terror, insecurity and anarchy were institutionalized. The UML's Jhalanath Khanal (supporter of Maoist) has elected the PM post- 10th Feb. 2011, with simple majority.

Including Congress and UML, Maoist parties are puzzled and they got fizzle out. They can't find the new horizons to write the new constitution. One thing is clear that the peaceful situation can't create in Nepal under his leadership because there is no possibility to return of the Maoist seized property and solution of the Maoist army and its weapons. Now, there will be no any democratic consensus. Because, the intention of Jalanath Khanal UML's Chairman and Maoist is very suspicious and they are bargaining to deceive the country. This result is not good for Nepal, democratic world including India also. After 2006, Nepali Congress, CPN (UML) and Maoists, in the name of nationality and democracy, kept everyone under illusion and through threat and intimidation forced them to take part in the uprising. The leaders of the so-called big parties have done nothing except treason.

Since the 12-point agreement reached in November 2005, at the direction of Indian investigative organization 'RAW', NC, UML and Maoists have risked Nepal's nationality and democracy. The issues of secularism, republic and federalism incorporated in the 12-point agreement are not their agendas rather a mission of CIA, RAW, European nations and Christians. The Brahmin traitors who are the prominent leaders of NC, UML and Maoist (including various NGOs and INGOs) have with support of foreign tools and resources become active and betrayed this holy land under the direction of foreigners. They have being funded and supported by foreign money, INGO's and foreigners.

Former representative of human rights from Govt. a scholar Dibakar Pant writes- it's has been really unfortunate to Nepalese to have all these so called human rights activists who have made the genuine issue of human rights a ladder to earn name, fame and money for the causes they are interpretations human rights violation as per their needs and interest. So, its almost clear that until Nepal has such certified looters who are working as promoter of human rights and politicians, the chances of making nation a fully democratic nation based on human rights to its citizen-rule of law and stability, is very slim or almost zero. It's now term of people and intellectuals, who are truly loyal to nation and democracy, need to be united and come forward to expose these looters of nation. The first betrayal was after the agitation in 2006, the contending had the internal support of NC, UML and Maoists who sought the king as the alternative for crisis. Five years ago, on 24 April 2006 an agreement was reached to revive the abolished parliament by them. Although the monarch did not posses any right to revive the parliament it was done so on the basis of agitation's mandate. Nepali Congress leader late Girija Prasad Koirala was appointed to the Prime Minister. The PM's oath taking was carried at the royal palace by the King. Gradually Prime Minister Girija broke the confidence over the 1990 Constitution and the agreement reached with the king. This is the cause of the current grave situation.

The second betrayal was against the sentiments of the people, whose constitution was treading upon through use of force. Without informing the monarch, on 18 May 2006, in the name of parliamentary declaration - the nation was declared a secular state. Under the straightforward direction of the foreigners, attacks were carried out on the sensitive conventions of the state. Then after, on 15 January 2007, an interim constitution was formulated and he became the head of state as he had desired.

The Maoist army was allowed under Maoist responsibility thereby creating two armies in the nation. After the Constituent Assembly, the election was declared unconstitutional. A caveat was conveyed to the monarchy through the Indian ambassador, that bombs may drop and the responsibility for his security could not be taken if he did not vacate Narayanhiti (which he, of course, did). The 12-point agreement to disrupt communal harmony by raising the issue of ethnic autonomy and entrapping the nation under the stratagems of Maoist army, has worked.

The third betrayal was on 18 May 2006. An interim constitution (through the NC, UML and Maoist declaration paper) was proclaimed without keeping a connection with the monarchy. Other than the people's representatives elected through the 1990 Constitution, 83 lawmakers of the Maoist party and activists of other political parties were made the parliamentarians - acting upon self-will. When the royal institution was still present, the Prime Minister was humorously declared as the head of state, and the House Speaker granted him the right to put the red seal on laws and ordinances. The anti-nationalist interim constitution was amended time and again narrowing it further. The rights of Nepalese citizenship as well as the rivers of Nepal were handed over to India.

The fourth betrayal-as a preliminary preparation to disintegrate the nation by giving support to the notion of One Madhes One State, 4 million Indian nationals were bestowed with Nepalese citizenship certificates, unscrupulously and in an artificial manner. Traitors such as Krishna Sitoula were made the Home Minister and the Nepalese citizenship was distributed to foreigners in extreme haste. At the Nepal's Tarai zone (Southern side), Indian criminal gangs-murderers, abductors. Extorters are sheltered in India for criminal and looting in Nepal.

After this, efforts were directed to declare federalism to segregate the nation into ethnic lines. It is revealing now that the UNMIN which represented the US, Britain and European nations, along with Maoists, led the effort to supplant the nation's Hindu status, Bikram Sambat, and Nepalese language with English language, A.D and Christianity. The Maoist leader Prachanda, who opposes imperialist character, amidst a mass meeting of Christians at the Open Theater on 20 April 2010, said 'Those who oppose secularism will be kidnapped' (Rajdhani, 21 April 2010). Clapping will not even be heard from the Christians in such an assemblage, unless profits are made by Maoists and foreigners.

Indian conspiracy is not the only one holding blame for the retrogression of Nepal, but to accept the decisive role of UN-UNMIN was another big betrayal. The US and UN (UNMIN) is pushing Nepal towards a dark future. The chief concern of the US and UNMIN is to make Nepal a springboard against China in the name of Free-Tibet. UN Human Rights representatives are spending money openly in Nepal and they do not want to inform the government of this. It has been made public that nongovernmental organizations of Nepal, and specifically by these nations, are spending Rs.10 to 15 billion every year Annapurna Post 11 March, 2010). This is how the Brahmins of civil society came to be working as employees of the CIA.

The fifth betrayal was an unholy alliance between UNMIN (that manages the Maoist PLA) and the state's army, which allowed it to be confined to barracks while the Maoist army (with weapons) was handed over the Maoist party's responsibility. There was also a condition that Girija Prasad and Madhav Nepals will be protected by the Maoist army rather than the national army. The Maoist army was taken care of and with their weapons; two armies were created in the nation. This is a betrayal of the nation. One year ago Maoist's Baburam Bhattarai said the Maoist party could revolt any time as it had its PLA and weapons intact. This is the cause of this tremendously grave situation.

The sixth betrayal are those who oppose, call general strikes, rape, kill, plunder and become the slaves of foreign forces, a trend which is set by addressing the demands of such and such which are made by people in power. It is in this manner that the rulers after 2006 worked to bring the nation into the condition it became - a failed state.

The Nepalese people are subject to murder, abduction, insecurity, shortage, inflation and more. In pragmatic terms, it is a notorious game that makes us slaves of foreign forces. If that weren't enough, then the Supreme Court gave a new verdict. 'The parliament may carry out amendments of any articles other than revert to one government system from federalism and royal institution from republican setup'.

In essence, a Nepali scholar, Ratna Sansar Shrestha, writes'The Supreme Court gave a verdict that the amendment cannot be carried out in regard to the royal institution and one government system. Its using power that it does not possess to strangle the right of Constituent Assembly'-(26 April 2010 Gorkhapatra).
After 2006 foreign brokers have taken over Nepal government. What will happen if the Supreme Court chooses the same path? It is mentioned in the constitution that the lifespan of Constituent Assembly will not be more than 2 years. The 25 February, 2011 edition of Gorkhapatra (Nepalese Govt. Newspaper) has reported that the Supreme Court, after the constitution was not drafted in the stipulated timeframe of 2 years, went on to change the definition by itself and gave a verdict, which was against constitutionalism and theory of natural justice, that the period of the Constituent Assembly would remain until the promulgation of the new constitution. Many constitutional and law experts have branded this a grave defect. Constitutional expert and advocate Bhimarjun Acharya writes-'Supreme Court verdict is against the mandate of people. If an organization formed under the guidance of people’s mandate is to continue for eternity then it will bring anarchy. This is against the people’s right to vote.' This proves that the SC is trying to make irresponsible broker CA members immortal.

Although, that verdict may be decided by some party oriented corrupt judges but it will be precedent. This is another betrayal. Are the culprit leaders of so-called big three parties doing well? They have no right to extend the time of CA. We, know, Supreme Court is one of the guardian of Nepalese people's fundamental rights. Then, why SC is supporting, again-again, such unconstitutional agenda?

The seventh betrayal is to not make efforts to draft the new constitution in time, which was stipulated and mandated by the people, while pilfering continues of billions of state properties. To extend the term after failing to draft the constitution in the stipulated

time is another IMMENSE betrayal. As the agreement of 24 April 2006 reached with the monarchy has been broken, all the works pertaining to interim constitution, interim parliament and constituent assembly after 24 April has become unsuccessful. The Nepalese people should not be betrayed to systematically erase the existence of Nepal. 'Guilty mind is always suspicious'-'the defeated mind of the defeated leaders of Congress, UML, Maoist- lead defunct-government has been showing its defeated mentality. It seems that conspiracy has been hatched in order to create bumper to stop monarch from growing popularity. Actually, no one has right to stop anyone to demoralize the Nepalese identities.

It's a mockery to nationality and democracy and universally accepted basic right of democratic The state must inflict strict retribution to traitors working in political parties and non government organizations. The new Constitution cannot be made through traitors. Even if it is drafted, it cannot be supported. Let us not indulge in the vain effort to draft a new constitution. Unfortunately, a few vision-impaired culprit leaders of so-called big three parties made the constitution a captive and tried to impose their dictated principles in the name of new Nepal. No clear ways are seen to bring the situation back to rule of law and true democratic process. The only way to get the nation back on track is to revive the constitution of 1990.

A Nepalese scholar Dipak Gyawali expressed-' The agenda of restoring the 1990 constitution and holding immediate elections under it, both for the national government and the district bodies, will let the rest of the Nepali people get on with their lives while bringing forth needed changes democratically through parliamentary majorities and referendums. At a minimum, this non-left political agenda will force the 2006 adventuress to answer how any new constitution could be realistically better than that of 1990.'-Sportlight, 16 May 2011.  Interim constitution could not be termed as full-fledged people's mandated constitution and it could never take the place of people's endorsed constitution by replacing the same. Thane's why, it would be better, valid, democratic and beneficial to all to think about the revival of fully democratic constitution of 1990 accepted by all political forces including ultra leftist and endorsed by people. The challenge and demand that the country has bound to face at this very time could also be appropriately and constitutionally addressed through the periodical amendments the same.

From a legal point of view, the interim constitution cannot be validated as a full-fledged constitution and the 1990 charter is strong enough charter to withstand updating to meet current challenges. An inclusive cabinet should be formed for the purpose of its modification. It should be done by maintaining coordination and balance between Nepal's nationality, royal institution and its democracy on the basis of the reinstatement the Constitution 1990 with the monarch. If the Nepalese are successful in their efforts to revive constitution of 1990, the democratic future of people and separate identity of nation as a sovereign state could be intacted and flourished otherwise great question and threat to the same. So, it is the best answer for a happy future for the Nepalese people to Restore 1990 Constitution with Monarchy and Hindu Kingdom.There is no other alternative.

OK ?
The best exemple- your moter has sinked and then don't hegitate to back your moter to reach the right destination. That is- restotation of 1990 constitution to capture the right way of the country.

Thank you.

Dirgha Raj Prasai
Email: dirgharajprasai@gmail.com

On 6/14/11, Ratna Sansar Shrestha wrote:

> Dear Colleague

> Gorkhapatra has published my article, attached, today. I am sending it to you in case you have yet to come across it. you can also peruse it by following the link below: