LONDON, Feb 24: In relation to the dispute of the Non-Resident Nepali Association (NRNA), the NRNA has raised concerns of court manipulation after the Implementation Directorate of the Supreme Court pressed for the implementation of the decision based solely on the older ruling among the two Supreme Court (SC) decisions.
The Directorate issued a letter in the name of the NRNA’s Secretariat on February 24, 2024, directing the transfer of all office, staff administration, cash, goods, documents, and other assets to a high-level committee led by former president Shesh Ghale for the purpose of conducting elections. However, in a subsequent decision in July, the SC annulled the first decision and officially recognized the current president Dr Badri KC's executive committee.
KC, the president of the NRNA, said the branch responsible for implementing the SC's decision overstepped its jurisdiction by issuing correspondence.
Dr KC said, "We have already informed the body responsible for implementing the decision in writing about the second decision. This decision should be implemented since the first is no longer valid, but the staff administration has continuously pressured to implement the first decision, ignoring the second one. We want the second decision implemented." He also expressed doubts about the intentions of the court administration.
Janak Prasad Sharma, Director of the Implementation Directorate, signed the letter stating that the SC's orders and decisions must no longer be misinterpreted. The high-level committee must transfer all office, staff administration, cash, goods, documents, and other assets for the purpose of conducting elections for a new committee. "Therefore, comply with this directive within seven days and inform the Directorate. Failure to comply will result in a report being submitted to the honorable bench for disobedience of the Supreme Court's order and non-execution of the directive," the letter stated.
Earlier, the NRNA wrote to the Implementation Directorate on December 19, 2024, requesting the implementation of the second SC decision made on August 6, 2024. The NRNA emphasized that different rulings of the SC carry distinct levels of fundamental accuracy and stated that one decision cannot be implemented in a way that prevents the implementation of another. The NRNA committed to implementing both decisions. However, the SC administration has continuously rejected the implementation of the second decision.
After the SC’s staff administration issued a letter in the name of the NRNA to implement the decision made on March 2024, Dr KC addressed the central officials of the Association on Sunday evening. He stated that the Implementation Directorate of the SC had issued the letter outside its jurisdiction, without any court or bench involvement, and that they would seek legal remedies against it.
Dr KC said, "The hopes and trust of the members in the Non-Resident Nepali Association will not be shattered. We will establish the legally elected executive committee and move forward. The letter from the administration should not cause fear or unrest. We will not hand over the key to the central office of the Association."
He added, "The Office of the Attorney General should implement the decision, but here, it has come through manipulation. This is illegal."
In the program, Dr. Hemraj Sharma, the vice president of the NRNA, stated that the administration's letter to implement the decision should be taken naturally. He emphasized the importance of determining whether the Directorate's letter aligns with the essence of the SC's decision. He urged creating an environment to implement both of the SC's decisions by abandoning practices of fear, intimidation, and propaganda.
He stated that the SC administration's letter issued on Sunday canceled all activities conducted by former president Shesh Ghale of the NRNA. He said, "It was previously advertised that a representative from the Nepal government participated in the high-level committee meetings, but the letter on Sunday instructed the ministry to assign staff. This confirms that no government representative was present in the previous activities. All decisions made in meetings without a government representative are illegal."
Raj Regmi, another vice president of the NRNA, expressed the view that the unity conference should proceed only with the participation of the elected executive committee for the NRNA's unity. He emphasized that the unity conference should be held solely on legal grounds. The NRNA's general secretary, Gauriraj Joshi, conducted the program.