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VOL. 28, NO. 23, March 06, 2009 (Falgun 23 2065)
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Prosecuting for rampaging of public properties
Dr. Trilochan Upreti
Impunity is likely to cross the boundary of tolerance in Nepal, in crystalization with the lack of law and order, rampant anarchy, killing, abduction, extortion, rape and similar heinous crimes, accompanied with almost no sign of control or no mechanism for holding the perpetrators accountable. No one is being considered safe in this country with no guarantee to safely return home one who had gone out for office, market and visit to his or her relatives. This is true not only in the countryside but also in the capital city of Kathmandu. No one bothers to comply with law and act as a responsible citizen.
The perpetrators are covered up by political parties; and safe heaven for these culprits has been obviously provided for any serious crime. The Police and the administrative authorities have been either pressurized or ordered to free these culprits once they were arrested in charge of a heinous crime and other violations of the law. These authorities either have not given free hand to carry out their respective duties for the compliance and adherence to the law. Consequently, their moral is so low that from the prevailing institutions or legal mechanism, no one is seemingly ready to expect any improvement on that sector.
Security analysts maintain that political activists and their leaders are in the forefront for violating laws, which was started by one of the main political parties by damaging telephone booths and street barriers in Ratnapark-center of Kathmandu just after the restoration of democracy in 1990. This was expression of unhappiness and utter disappointment towards the bad governance and its associated culture of then government. After those incidents, damaging public properties across the country has become a common phenomenon for all political parties during their campaigns, demonstrations, people's war, among others.
This trend has further exacerbated and public property, vehicles, electricity plants, telephone towers, VDC's offices, Police offices and government buildings became the targets for vandalization and destruction. These are the common properties and service centers for the people of this country for which billions of dollars need to be paid back by the state coffer by tax payers money. No one is held accountable for such a grave crime against the nation rather these properties remained the target of group, political parties and their sister organization. What is more, one of the historical political party's student wing, which has always criticized and opposed such attacks, when it used to be in the helm of government, has recently started indiscriminate attack on vehicles moving in the street without any legitimate reason. Governments never initiated any legal action to any of them neither was it able to prevent such unruly anarchic incidents.
Government and political parties can learn from other countries, as well as neighboring countries, how the demonstrations are held, what the norms and criteria for holding rallies, demonstrations and meetings are. In the London city, there is a historical park called as Hide Park for such demonstrations, and Jantar Manter in Delhi, the capital city of India, for organizing such demonstrations and criticizing government activities. Any method of violence in any form is allowed in these venues.
In this context, the Supreme Court of India in its recent Order held the view that the concerned political leaders, whose party involve in vandals and rack sacking public properties, must be held accountable. Giving good example of Indian state of Kerala, where political parties and their activists, which organize rallies, are liable for any damage caused to public property. The court directed the federal as well as state governments to take necessary action to address the unruly among agitationists indulging in destruction of public properties. For this purpose, the court held the view that the Prevention of Damage to Public Properties Act, 1984 must be implemented so as to punish the culprit to destroying public properties and if the provisions are not adequate then necessary amendment could be made in this Act.
The suo motu notice of destruction of public property and inability of police to protect them was taken by the Supreme Court in 2007 in the wake of widespread Gujjar violence in north India (Rajasthan). It had then appointed two committees-one headed by former SC judge K. T. Thomas and the other by senior advocate Fali Norman. The committee submitted its report and the court ruling was made on that occasion as recently as 2009 by a bench comprising Justices Arijit Pasayat and A. K. Ganguly. The Bench has asked the Centre and the states to respond to them by February 20, 2009. The Bench pointed out the perceived in action on the part of state governments to strictly deal with violent agitations and said: "We find that people are coming on camera and taking credit for burning buses and trains. That is the most unfortunate part. Either the statute is ineffective or prosecuting agency is not acting." We have lot examples as such in Nerpal.
In our context, many lawyers who appeared to be ready to picking up such public interest litigation for their fame to the court, has missed such opportune time to bring this problem from which the entire nation and people have been miserably suffering. Neither has the government been able to provide security to the life and property of its people whom had shouldered this responsibility and trusted with nor have the agitators ever adopted restraint to prevent such undesirable activities.
It is thus hiugh time that we act straightforward and steadfastly to this end. We must activate our administrative and police mechanism ensuring that they can prevent such incidents and prosecute the culprits in cases of violations of law. Secondly, political consent among the actors must be obtained, strict law and stringent mechanism must be in place to ensure that no further harm or damage is caused to public property. We should also make sure that in cases of destruction of public properties, the concerned political parties or the organizers are compelled to pay the adequate compensation along with other punishment, as appropriate. One place should be allocated for demonstration and it should be controlled by administrative mechanism so as to ensure that people can use their democratic right properly and effectively.
This is overdue issues and no one can wait further for such effective and efficient rule of law mechanism for ensuring the public life and property. This will help to address the issues of widespread impunity and ensure the life of people and the government as well. Otherwise, no government can effectively govern the country, ensuring the safety of its people, carry out its day-to-day functions, win and command the trust and faith of the public at large.
REVITALIZATION PROPOSAL
At a time when Nepali Congress has been facing serious challenges for its survival, its leader Govinda Raj Joshi has proposed a new strategy paper in the central committee to revitalize the party.
“Our party needs completely new organizational set up to meet the new challenges including the general convention,” said central committee member Joshi. “Since our party gave up the line of B.P. Koirala, our party is facing the present crisis of identity”
In his 21-pages long proposal, Joshi suggests various options for the party’s new organizational set up in the changing context. “Our crisis is crisis of ideology and commitment. We must present our clear cut ideology of nationalism, democracy and socialism to the people,” Joshi added. “If we give up our commitment to nationalism and democracy, our position would be nowhere. This is what we are facing now.”
“As a leading party with commitment to liberal democracy, our strength lies on both nationalism and democracy. It is very unfortunate to say that we have completely ignored both of these two after Janandolan II.”
“One of the major weakness is we gave up all our ideological commitment one after another to Maoists without waiting for the implementation of first one. We also failed to mobilize our sister organizations in our favour,” he reasons.
In the changed context of federal state, Joshi has suggested structural adjustments and readjustments at various level of the party. According to Joshi, the party must give place to all the people and ethnic groups in its party organization.
Our basic ideology must be nationalism, democracy and socialism as propounded by B.P. Koirala. If we continue to minimise the agenda of nationalism, we will be nowhere in coming days,” said Joshi.
