So many people had pinned their hopes on newly elected prime minister. He seemed after all cut above rest of the people who had chaired the same position. For once we had someone who seemed fit the criteria that mother Nepal had been looking for a long time. Alas, it was just another fallacy.
Bal Krishna Dhungel case presents the dynamics of country desperate for law and order. A country where accountability is something that people take for granted. The sense of immunity that has plagued people with power and position is in its extreme.
First of all, I want to ask Mr. Baburam few quintessential questions that aches my heart.
What was the decade of civil war for?
How did you get to the position that you are in currently?
For those of you who have no idea about 40 points deal. Here is flashback.
4 February, 1996
Right Honourable Prime Minister
Prime Minister's Office,
Singha Darbar, Kathmandu
Sub: Memorandum
Sir,
It has been six years since the autocratic monarchical partyless Panchayat system was ended by the 1990 People's Movement and a constitutional monarchical multiparty parliamentary system established. During this period state control has been exercised by a tripartite interim government, a single-party government of the Nepali Congress, a minority government of UML and a present Nepali Congress-RPP-Sadbhavana coalition. That, instead of making progress, The situation of the country and the people is going downhill is evident from the fact that Nepal has slid to being the second poorest country in the world; people living below the absolute poverty line has gone up to 71 per cent; the number of unemployed has reached more than 10 per cent while the number of people who are semi-employed or in disguised employment has crossed 60 per cent; the country is on the verge of bankruptcy due to rising foreign loans and deficit trade; economic and cultural encroachment within the country by foreign, and especially Indian, expansionists is increasing by the day; the gap between the rich and the poor and between towns and villages is growing wider. On (lie other hand, parliamentary parties that have formed the government by various means have shown that they are more interested in remaining in power with the blessings of foreign imperialist and expansionist masters than in the welfare of the country and the people. This is clear from their blindly adopting so-called privatisation and liberalisation to fulfil the interestes of all imperialists and from the recent 'national consensus' reached in handing over the rights over Nepal's water resources to Indian expansionists. Since 6 April, 1992, the United People's Front has been involved in various struggles to fulfil relevant demands related to nationalism, democracy and livelyhood, either by itself or with others. But rather than fulfil those demands, the governments formed at different times have violently suppressed the agitators and taken the lives of hundreds; the most recent example of this is the armed police operation in Rolpa a few months back. In this context, we would like to once again present to the current coalition government demands related to nationalism, democracy and livelihood, which have been raised in the past and many of which have become relevant in the present context.
Our demands
Concerning nationality
1. All discriminatory treaties, including the 1950 Nepal-India Treaty, should be abrogated.
2. The so-called Integrated Mahakali Treaty concluded on 29 January, 1996 should be repealed immediately, as it is designed to conceal the disastrous Tanakpur Treaty and allows Indian imperialist monopoly over Nepal's water resources.
3. The open border between Nepal and India should be regulated, controlled and systematised. All vehicles with Indian licence plates should be banned from Nepal.
4. The Gurkha/Gorkha Recruitment Centres should be closed. Nepali citizens should be provided dignified employment in the country.
5. Nepali workers should be given priority in different sectors. A 'work permit' system should be strictly implemented if foreign workers are required in the country.
6. The domination of foreign capital in Nepali industries, business and finance should be stopped.
7. An appropriate customs policy should be devised and implemented so that economic development helps the nation become self-reliant.
8. The invasion of imperialist and colonial culture should be banned. Vulgar Hindi films, videos and magazines should be immediately outlawed.
9. The invasion of colonial and imperial elements in the name of NGOs and INGOs should be stopped.
Concerning people's democracy
10. A new constitution should be drafted by representatives elected for the establishment of a people's democratic system.
11. All special privileges of the king and the royal family should be abolished.
12. The army, the police and the bureaucracy should be completely under people's control.
13. All repressive acts, including the Security Act, should be repealed.
14. Everyone arrested extra-judicially for political reasons or revenge in Rukum, Rolpa, Jajarkot, Gorkha, Kabhrc, Sindhupalchowk. Sindhuli, Dhanusa, Ramechhap, and so on, should be immediately released. All false cases should be immediately withdrawn.
15. The operation of armed police, repression and state-sponsored terror should be immediately stopped.
16. The whereabouts of citizens who disappeared in police custody at different times, namely Dilip Chaudhary, Bhuwan Thapa Magar, Prabhakar Subedi and others, should be investigated and those responsible brought to justice. The families of victims should be duly compensated.
17. All those killed during the People's Movement should be declared martyrs. The families of the martyrs and those injured and deformed should be duly compensated, and the murderers brought to justice.
18. Nepal should be declared a secular nation.
19. Patriarchal exploitation and discrimination against women should be stopped. Daughters should be allowed access to paternal property.
20. All racial exploitation and suppression should be stopped. Where ethnic communities are in the majority, they should be allowed to form their own autonomous governments.
21. Discrimination against downtrodden and backward people should be stopped. The system of untouchability should be eliminated.
22. All languages and dialects should be given equal opportunities to prosper. The right to education in the mother tongue up to higher levels should be guaranteed.
23. The right to expression and freedom of press and publication should be guaranteed. The government mass media should be completely autonomous.
24. Academic and professional freedom of scholars, writers, artists and cultural workers should be guaranteed.
25. Regional discrimination between the hills and the tarai should be eliminated. Backward areas should be given regional autonomy. Rural and urban areas should be treated at par.
26. Local bodies should be empowered and appropriately equipped.
Concerning livelihood
27. Land should be belong to 'tenants'. Land under the control of the feudal system should be confiscated and distributed to the landless and the homeless.
28. The property of middlemen and comprador capitalists should be confiscated and nationalised. Capital lying unproductive should be invested to promote industrialisation.
29. Employment should be guaranteed for all. Until such time as employment can be arranged, an unemployment allowance should be provided.
30. A minimum wage for workers in industries, agriculture and so on should be fixed and strictly implemented.
31. The homeless should be rehabilitated. No one should be ' relocated until alternative infrastructure is guaranteed.
32. Poor farmers should be exempt from loan repayments. Loans taken by small farmers from the Agricultural Development Bank should be written off. Appropriate provisions should be made to provide loans for small farmers.
33. Fertiliser and seeds should be easily available and at a cheap rate. Farmers should be provided with appropriate prices and markets for their produce.
34. People in flood and drought-affected areas should be provided with appropriate relief materials.
35. Free and scientific health services and education should be available to all. The commercialisation of education should be stopped.
36. Inflation should be checked. Wages should be increased proportionate to inflation. Essential goods should be cheaply and easily available to everyone.
37. Drinking water, roads and electricity should be provided to all villagers.
38. Domestic and cottage industries should be protected and promoted.
39. Corruption, smuggling, black marketing, bribery, and the practices of middlemen and so on should be eliminated.
40. Orphans, the disabled, the elderly and children should be duly honoured and protected.
We would like to request the present coalition government to immediately initiate steps to fulfil these demands which are inextricably linked with the Nepali nation and the life of the people. If there are no positive indications towards this from the government by 17 February, 1996, we would like to inform you that we will be forced to adopt the path of armed struggle against the existing state power.
Thank you.
Dr Baburam Bhattarai
Chairman
Central Committee, United People's Front, Nepal
So basically, this sums up the 40 point deal.
Now I ask you the same question again, what was the civil war about?
Civil was started to eradicate domination of foreign powers, establish democracy and livelihood.
Let me pick out point number 16 now.
The whereabouts of citizens who disappeared in police custody at different times, namely Dilip Chaudhary, Bhuwan Thapa Magar, Prabhakar Subedi and others, should be investigated and those responsible brought to justice. The families of victims should be duly compensated.
So, What is Bal Krishna Dhungel doing Maoist led coalition government?
In January last year, the Supreme Court had upheld a lower court’s order convicting Dhungel of murdering Ujjan Kumar Shrestha in 1998 and a 20 year jail term. But no action was taken against the lawmaker.
So what does our beloved prime minister do?
Prime Minister Baburam Bhattarai said on last Saturday that he will not withdraw the recommendation his cabinet made to the president to grant a pardon to court-convicted CA member Bal Krishna Dhungel.
[http://myrepublica.com/portal/index.php?action=news_details&news_id=38252]
It is clear that this murder case has been politicized. The reason for killing Ujjain Shrestha was “ Inter caste marriage” (The love affair between a newar man and bahuni woman which was considered intolerable in the village due to the fact Ujjain already had a wife. But Ujjain had accepted her as wife and brought her into his home).
Excuse given by Mr. baburam bhattrai was it was a political case at the time of revolution.
But again, was Ujjain Shrestha a political figure or in Nepalese army or police????
Certainly not, he was an unarmed ordinary citizen.
The whole idea of civil war to bring justice to people who have nowhere to go, to provide voice for voiceless and at this crossroads, people are asking the same thing.
Where is justice???
