Spread the love

Kathmandu, 9 October: After Chief Justice Cholendra Shumsher Rana’s brother-in-law Gajendra Hamal became a minister with an important portfolio, Trade, Commerce and Supplies, questions have been raised on possible alliance between the executive and judicory. 

Earlier, reports were appeared that the Chief Justice is also going to get quota in the expanded Cabinet of Ministers. In the meantime, reports were appeared about CJ demanded two important ministries – forest and industries. 

The Supreme Court spokesman refuted the reports appeared in media, however, when Prime Minister Sher Bahadur Deuba expanded his cabinet also by assigning Hamal as the Minister for Industry, Commerce and Supplies, the already published reports about the government also providing quota to the CJ have been confirmed.

Hamal is closed relative of CJ Rana. Besides, Hamal’s appointment was possible only after the approval of senior leaders in the alliance parterners in the government – Madhav Nepal, Pushpakamal Dahal Prachanda, Upendra Yadav and Baburam Bhattarai. 

Deuba is unable to justify why he needed to appoint a non-Member of Parliament in his cabinet with an important portfolio when he is unable to manage many NC MPs within his party. 

These senior leaders in alliance government have not spoken against Hamal’s appointment. Prachanda, at a press meet in Chitwan, said that Hamal’s appointment is the PM’s prerogative and he denied any quota given to the CJ. 

However, the CJ receiving quota in different appointments by the government from the Constitutional Council is not an odd. Earlier too, CJ Rana was rewarded with such a quota on decisions made by the Constitutional Council when K.P. Sharma Oli was the prime minister.

Court under setting?:

The present government led by Deuba is formed from the court verdict not from the parliament. Independent observers believe that the court had crossed the limit while giving the verdict to assign Deuba as the PM. 

Deuba and other alliance partners were oblised from the verdict, however, K.P. Sharma Oli, who was facing the case as an opponent, after the court verdict to topple down him had remarked that perhaps CJ Rana is going to be rewarded to the post of the President. Nevertheless, CJ Rana got the quota for assigning one minister in the cabinet. 

Nepal, Prachanda and other leaders have approved CJ’s demand even by giving him one ministerial portfolio in such a time when they are unable to manage their own MPs from becoming the ministers.

One can speculate that Nepal is maintaining soft corner as his party’s fate and the fate of 14 MPs who have violated the laws related to the political parties by crossing the floor is under consideration of the court. 

Cases related to sever violation of human wights by Prachanda, Bhattarai, Agni Sapkota and Upendra Yadav are impending in the court and Rana like chief justice may give verdict in favour of them, it is believed.

Legal experts have condemned the appointment of Hamal under the recommendation of the CJ saying that such an act has ended the norms of separation of power among the legislature, executive and judicial organs. This is a serious setback on the present democratic system, they have remarked.