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This is an archive article published on September 5, 2009
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Opinion Courting trouble

Maoists’ attack on the judiciary has upset its former sympathisers....

September 5, 2009 02:55 AM IST First published on: Sep 5, 2009 at 02:55 AM IST

“We are being isolated”,top Maoist leaders yelled,and announced the formation of their own government. They also began a boycott-cum-obstruction campaign of the president and prime minister socially and politically,accusing them of not honouring the principle of civilian supremacy. And from their previous position that ‘we are committed’ to the peace and the constitution-making process’,the former rebels are now warning that they should not be held responsible if the constitution cannot be written within the stipulated 2010 May time frame. Maoists also announced the formation of what looks like a parallel government,not a shadow cabinet ,‘in exercise of government power’ — which does not belong to them as the party is in the opposition now. All this was done after the party’s candidate Narayan Kaji Shrestha ‘Prakash’ lost the race for the chief of the constitution committee to Nilambar Acharya,a liberal democrat.

Last week,the constituent assembly committee on the judiciary,headed by a Maoist leader and with most members from the party,recommended that a future Nepali judiciary should not be an independent entity. Rather,it should be controlled and influenced by the legislature. This is not something that was unanticipated. Top Maoist leaders,despite signing the 12-point agreement committing themselves to peace and democracy,have made it clear all along that their joining the peace and democratic process ‘for now’ was merely tactical in nature. Creating a political and constitutional vacuum has been the method that Maoists have been pursuing in the past three years. The parties that probably could not see through the game were the Nepali Congress and the Communist Party of Nepal-Unified Marxist Leninist (CPN-UML). The two major pro-democracy parties have now begun accusing the Maoists of trying to derail peace and democracy.

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After the ouster of the monarchy for which both parties extended support to the Maoists unreservedly,the former rebels moved equally systematically to bring both the Nepal army and the judiciary under political control. While the Maoists are insisting that their combatants be integrated into the Nepal army,they are also pursuing a policy of making the judiciary ‘pro-people’. In fact, Maoist Chief Prachanda’s speech to party leaders,made in January 2008,clearly stated that no matter what the party might say publicly,‘our aim is to politicise the Nepal army’. He also said that the entry of a mere 4,000 Maoist combatants should be enough to achieve that goal. In fact,the special committee (of parliament) on supervision,monitoring and integration of Maoist combatants,has been reconstituted and had its first sitting on September 1. But there are no signs that Maoists will budge an inch from their position that their combatants must have group entry into the Nepal army.

Besides taking a hard-line on the constitution by advocating a ‘people’s republic’, a people’s army and people’s judiciary are the most attractive components of the Maoist campaign for ‘civilian supremacy’,something some left groups in India,especially the CPI(M) — as well as their equivalent in Nepal besides a section of the civil society and donors here — have all along been supporting. But there is now some quiet political review and rethinking at home. G.P. Koirala,the former prime minister who has patronised and endorsed each and every major political initiative of the Maoists so far,said recently: “the Maoists move on [the judiciary is a reflection of its dictatorial design. We have to take a drastic decision if they do not withdraw it”. And Maoists are as clear and assertive: there is no move to withdraw it. Koirala ,still a big influence on the pro-democracy front,has not divulged what that drastic decision could be.

yubaraj.ghimire@expressindia.com

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