Terming Yadav´s absence as “contempt of parliament”, the PHSC meeting also warned of taking necessary action if he does not turn up at the next meeting. A majority of PHSC members criticized Yadav for not attending the meeting as he had been summoned well in advance. [break]
The PHSC meeting on Sunday had decided to summon both Minister Yadav and Foreign Secretary Madan Bhattarai to furnish clarification over the ministry´s decision to recommend Hari Kumar Shrestha as the new envoy to Bangladesh months before the expiry of incumbent envoy Pradip Khatiwada´s term and the ministry´s denial to receive tax paid by the latter. Khatiwada´s term is expiring on November 13, 2011.
Though Bhattarai was present at the meeting, the PHSC did not seek clarification from him as most members argued that the clarification process would not have validity in the absence of the minister.
Some Maoist and UML lawmakers, however, defended the ministry´s decision saying initiation of the appointment process in advance would ensure continuity of heads in diplomatic missions. “I do not think that appointing a new envoy on time is inappropriate,” argued UML lawmaker Mangal Siddhi Manandhar.
Citing several such instances when parliamentary hearing was conducted well before the expiry of the term of incumbent envoys, justices and office bearers of constitutional bodies, Maoist lawmaker Amik Sherchan argued that the hearing should be given continuity in view of the past precedents. UML lawmaker Hit Kaji Gurung had seconded his view.
Though Article 155 of the Interim Constitution says that the appointment of new envoys shall be made as per the existing laws, clause 119 of Constituent Assembly and legislature-parliament regulations state that the cabinet can recommend parliamentary hearing for a new envoy “only after the ambassadorial post in question falls vacant”.
The PHSC meeting on June 30 was stalled after NC members took strong exception to the government decision saying it flouted the regulations. Khatiwada was appointed as envoy under the NC quota.
“As parties differ over the issue we should follow the existing laws,” said former Law Minister Prem Bahadur Singh, who is also a member of PHSC.
In countries, including India, parliamentary hearings for new envoys are held months before the expiry of the incumbent envoys´ terms.
PHSC may endorse Joshee for CJ today