The Zen-G movement has three major mandates – 1. Election, 2. Investigation of repression and arson and looting in the movement, 3. High Level Commission to Investigate Corruption and Wealth. The third of these agendas has left the government confused.
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On August 23, when they took to the streets across the country, the issue raised by Jen-G was the investigation of 'corruption'. There have been some positive beginnings in the one month period since the new government was formed on the strength of the movement, but the question has started to arise whether the government has delayed the corruption investigation raised by Jen-G.
Prime Minister Sushila Karki, in her first address to the nation, mentioned that the government will not compromise with anyone on the issue of corruption investigation. In her first address to the Council of Ministers on August 29, she said that the government will not compromise on corruption.
'I came to the situation, I did not come by desire. A voice came from everywhere on the road saying to hand over to me (Susheela Karki). I have not come to enjoy power and position, not even my age," Karki said while instructing the ministers. We have a voice for what we want. They have come to see why they are not serving and why they are not listening to the voice of Gen-G youth,' she said.
In the discussion called by President Ramchandra Paudel at Sheetalniwas on Saturday, Gen-Gs also raised the issue of corruption. After President Paudel was ill and admitted to the hospital, Prime Minister Karki initiated the meeting saying that she would listen to Gen-Ji. In that meeting, representatives of Gen-G raised questions about what is going on in the matter of corruption control and asset investigation. Since they raised the main slogan of corruption and misrule on the 23rd, what is this government doing to control corruption after it was formed? He asked.
After Jane-ji raised the issue of corruption, Prime Minister Karki said that the government is working in favor of corruption control and good governance. The work is being done. Controlling corruption and maintaining good governance do not happen in one day. It doesn't happen like a magic wand,' said Karki, 'We have started some work after the formation of the government. The cabinet meeting a few days ago also made some decisions. Work is gradually being seen.
When the Home Minister Omprakash Aryal was also in charge of the Ministry of Law after the formation of the government, in the first meeting, he instructed the Secretary of the Ministry of Law, Phaninder Gautam, to study the matter of setting up the Property Investigation Commission and submit a proposal with TOR. Home Minister Aryal asked him to make a proposal on what to investigate and how much time to give, and to make a proposal on the formation of the commission in such a way that it does not conflict with the Supreme Court's earlier decision on the formation of the royal commission and does not interfere with the authority's jurisdiction.
But after that, nothing happened. Neither Aryal followed up on it nor did the Ministry of Law prepare such a report. During the discussion in the Council of Ministers, one of the ministers said that the matter did not go ahead after most of the ministers argued that the creation of a commission would be more problematic because the authority would work on corruption issues.
Home Minister Aryal claimed that the formation of the Assets Investigation Commission is under discussion. Discussions are going on to work in a way that does not conflict with authorities and agencies including Vigilance Center. Theoretical discussions are going on with all the parties including the Prime Minister to form a commission so that the authority's jurisdiction will not be affected and it will be supported," said Aryal, "care should be taken to ensure that it does not become like a royal commission and the jurisdiction of the existing organization should not be affected." He said that discussions are also going on about establishing a mechanism to investigate the assets of the authority by bringing the law itself and addressing the essence of Genji's movement. "In the event that this cannot happen, there is a discussion going on whether to make a separate mechanism for the missing things," Home Minister Aryal said, "The government has not forgotten." Theoretical discussions are taking place. Let's move on to what is the best option.
Law Minister Anil Kumar Sinha said that discussions are being held on the matter of proceeding with the files that have been stopped in the Authority, and he claimed that the matter of asset investigation will be discussed in a few days as the first priority is peace and security and elections. "Property investigation is a bit complicated. Now is the age of technology. People have not kept all the property in their own name only," said Sinha, "It should not be done by weeding or setting it aside for investigation. For that, experts and people with high level of knowledge are needed.
He said that the government's first priority is elections and peace and security, and once it starts to go into a certain rhythm, the government can proceed with it after a detailed discussion. He claimed that the government has always been positive about setting up a commission of inquiry and since good governance should be started right now, the government has decided to activate the existing authorities within the structure of the state.
'People should be given good governance by working against corruption. This is the main objective of the current government and it is also the demand of Gen-G," Sinha said. "If it can be done through the authority, why is it necessary to create a separate structure? If it is found that more work needs to be done in the current structure, then the government will form it.
Gen-G representative Purushottam Yadav said that discussions and talks are being held with the government and during the talks, from activating the authority to making public all the reports that were hidden by the old government, the process of taking action against the culprits has been carried out and they are optimistic rather than negative. He said that a discussion was also held at the President's office on Saturday and that the matter will be discussed with the Prime Minister again.
'We are in constant discussion. The Prime Minister has said that this will not happen in a day. We are optimistic because the government has taken some positive steps forward," he said.
Another Gen-G representative, Yujanraj Bhandari, also claimed that they are optimistic about the government. He claimed that the government has taken some initiative and is confident that it will come out strongly on the issue of corruption. One month of government formation has just been completed. The government has taken some steps. Discussions are ongoing. If not, we will warn," he said.
Jen-G's representative Raksha Bam also said that the government should not be pressured to form an asset investigation commission because it will work as per the requirement. Such commissions will be formed as per the need. Now the government has started the work of bringing some big scandals under investigation. It is positive. The authority is also a constitutional commission. The government has said that it will work," she said. "Even if the property is investigated, it is up to the authorities to prosecute the case. If the government works together with these agencies, our demand will be met.
She said that they found the government to be positive about forming a commission and that instead of forming a commission, they found that the government started work now through the authority. He is of the opinion that since a case has been filed against two ministers in the Lichibari case and investigation has started against others and the government has started implementing the reports that were hidden in the past, we should wait and trust instead of suspecting.
Khemraj Regmi, the former president of the Nepal chapter of Transparency International, which works against corruption, says that the issue of setting up an asset investigation commission is complicated. 'Since when will the property be investigated and how many assets will be investigated? After 2046, how many lakhs of people will be done? How to find property? This is like going to the sea to look for pearls.'
He suggested that the Constitution does not allow the shooting of someone who is corrupt as in the military regime, as it will take time, the best thing to do is to conduct an impartial investigation of the scandals that are currently in discussion and file cases by the authority itself. He said that it would take time and manpower to investigate millions and it would be difficult. "In my opinion, to do it like that is to do a good job," he said, "It sounds good to raise this issue, but it is difficult to do." Instead, the work will be effective if investigations are intensified in corruption scandals after 2072.
Senior advocate Bipin Adhikari also says that instead of creating another commission, we should work with the current structure. There is no point in forming another commission to investigate corruption itself. This is the term government. Its duration is short. He will do what he can in a limited time,'' said the official. In the past, politics was not due to pressure. Now the authority can be freed from it and made to work.' He argues that if there is any legal obstacle to the authority, the government should help by releasing it through an ordinance.
Advocate and human rights activist Raju Chapagai suggests that there should be no rush to form the commission as this matter has been overshadowed due to the division of gen-jis and the government has started some good works. "Now it seems that the government is very focused on the elections. There is a place that the government can do in the matter of good governance within the constitution," he said, "A property investigation commission can be formed, but it cannot be contrary to the Supreme Court's decision." In the case against the Royal Commission, the Supreme Court has clearly ordered that no commission should be formed outside the constitutional limits. The Supreme Court has said that decisions made by such commissions will not be recognized. The government is afraid that the current government will also form it, but tomorrow the court will stop it based on the same interpretation and it will be counterproductive. The government, which has a former Chief Justice as Prime Minister, Minister of Judiciary and Minister of Home Affairs who is knowledgeable about the law, seems to be paying attention to making the authority itself active after the issues that need to be taken into consideration when forming such a commission were raised in the discussion.
What was the royal commission
On January 19, 2061, the then King Gyanendra promised to do two things after taking over the government - ending corruption and ending terrorism. Gyanendra formed a royal commission under the chairmanship of former secretary Bhaktaprasad Koirala to expose the party leaders. The Royal Commission was given unlimited powers not only to investigate corruption against the normal rules of the justice system, but also to pronounce judgments.
It was clear that Gyanendra wanted to extend his power under the pretext of taking 'strong' anti-corruption measures. Former Minister Rajeev Parajuli filed a writ of imprisonment in the Supreme Court against him after the royal commission opened on 5 February 2061 arrested him on charges of corruption. Shortly thereafter, Advocate Santosh Kumar Mahato filed a writ petition stating that the constitution of the Royal Commission was inconsistent with the Constitution. Initially, this writ was filed. But later the bench ordered the registration.
The then judge Meen Bahadur Rayamazhi ordered to register the writ on the same day after looking at the petition against the bench. The case was heard by a bench of Justices Kedar Prasad Giri, Meen Bahadur Rayamazhi, Ramangina Singh, Anupraj Sharma and Ram Prasad Shrestha. On 29 Mansir 2062, after a 17-day long hearing, the court dismissed the royal commission formed by King Gyanendra and declared it unconstitutional. The Supreme Court dismissed the Royal Commission, which was formed to conduct its own investigation and make its own decisions, saying that it was not in accordance with the purpose and spirit of the Constitution.
