The Interim Constitution clearly states that the person heading the CIAA should have "high moral standing" and an unquestionable track record, but the high-level Rayamajhi Commission has accused Karki of grossly abusing authority and suppressing the people´s movement in 2006. [break]That is why no sooner had Karki´s name been recommended than it caused uproar and deep divisions in society.
Though top leaders from the major political parties initially agreed on his name, there was strong protest from the rank and file of the Nepali Congress and CPN-UML. Similarly, noted civil society members, the media and other social groups took to the streets. Their representatives called on President Ram Baran Yadav and urged him not to appoint a controversial figure as head of that highly crucial constitutional body, as that could have a serious impact in the long run.
Regardless of ongoing widespread criticism and protests, the head of state endorsed Karki´s name as CIAA chief. Many were taken by surprise as the swearing-in ceremony was hurriedly arranged on Wednesday morning.
The Karki saga started right after the formation of the present interim election government headed by Chief Justice Khil Raj Regmi in mid-March. The first meeting of the High-Level Political Committee (HLPC) comprised of the major political forces -- UCPN (Maoist), Nepali Congress (NC), CPN-UML and United Madhesi Democratic Front -- recommended the names of nominees for heads and members of constitutional bodies, including the CIAA. Karki was one of the nominees.
There was a huge uproar ever since the top leaders recommended Karki´s name. The protest subsided for the time being when a case was filed at the Supreme Court against the proposal to appoint Karki. Justice Sushila Karki issued an interim order over the row, but a division bench scrapped the interim order later on April 29, thus passing the buck back to the government.
Backed by the apex court ruling, the Constitutional Council (CC), which is chaired by head of government Khil Raj Regmi, recommended the names of Karki, along with the other nominees, to the president for endorsement. The proposal not only reopened old wounds but people from various walks of life felt that the Regmi government´s decision added insult to injury for those who fought for democratic values in the country.
Following strong objection from within and outside their respective parties, top leaders of the NC and UML backed out from a previous understanding over Karki´s nomination. An UML politburo meeting officially decided to stand against the proposal, but the UCPN (Maoist) and UDMF lobbied in his favor. Koirala for his part said in public that it wouldn´t be wise to go against public sentiment and appoint a controversial figure.
Despite an agreement among top leaders from the major political forces, party rank and file and representatives from civil society took strong exception to the recommendation and looked upon it as a betrayal as the individual who heads the CIAA can make a huge difference in corruption control and promoting of good governance. This is all the more so because, unlike in other countries where such commissions are toothless, the CIAA in Nepal has real authority and wide jurisdiction.
The CIAA had earned wide public admiration and support when it undertook a series of raids on the premises of many powerful politicians and bureaucrats who accumulated disproportionate wealth in 2003 and subsequent years. Some of the then powerful ministers have already served jail terms on the basis of investigations carried out by the CIAA.
Experts fear that a CIAA headed by a questionable figure might lose public trust in the days to come.
The Nepal Bar Association officially denounced the government´s decision to appoint Karki, concluding that the move has curtailed fundamental democratic values. Representatives from the umbrella organization of lawyers, which has announced a struggle against the decision, boycotted a function organized by the Supreme Court on Thursday.
There is also a school of thought that it is pointless making Karki a scapegoat just because of the charge of suppressing the people´s movement because several other bureaucrats and top police and army officers who played similar roles were later promoted by successive governments.
But a counter-argument is that the Karki issue is entirely different in nature. "Depriving someone of regular promotion for holding a responsible position during the people´s movement would be tantamount to taking revenge against that individual. But this time the parties, the government and the president have rewarded a retired bureaucrat as if there were no other candidates equally qualified and although not giving him the post would not be any injustice to him," said a former bureaucrat requesting to remain unnamed.
One of the leaders of civil society groups during the popular movement, Prof. Krishna Khanal, is much dismayed over the latest political development.
"The leaders have rewarded Karki, who was the key official suppressing peaceful demonstrators when the people´s movement was reaching its peak. It clearly shows that the leaders have surrendered principled politics and forgotten the spirit of the people´s movement, and that too for petty and immediate personal interests," said Khanal.
He believes that the leaders will definitely pay the price for taking such an unwise decision "because they have let down the people, who helped them reach their present positions".
Khanal holds UCPN (Maoist) Chairman Pushpa Kamal Dahal mainly responsible for the Karki row. And the role of NC President Koirala and CPN-UML Chairman Khanal, according to him, was simply ridiculous because they initially agreed on Karki´s name and backed out only in the face of public ire.
The major political forces, the government and the Election Commission have committed themselves at least in public to holding new constituent assembly elections in November. Since there is no parliament in the country at present and Chief Justice Khil Raj Regmi is also head of the executive, it is only by holding elections and handing over power to a parliament-elected prime minister and a political government that the derailed political course can be corrected. The people have only one option available now-- respond to the leaders and others responsible through their votes in the coming elections.
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