Maoists threaten to go to court against President's action

Shirish B Pradhan

Kathmandu, May 4 (PTI) Nepal's political crisis
deepened Monday with the Maoists terming President Ram Baran
Yadav's directive to sacked Army Chief Gen Rukmangad Katawal
to continue in office as a "constitutional coup" and
threatened to move the court against it.

The tussle between Prime Minister Prachanda and the
President came amid a rift in the ruling Maoist coalition
government with a number of parties disassociating themselves
from the Cabinet decision to sack Gen Katawal accusing him of
defying the Government's order on various issues.

As Yadav refused to endorse the decision taken by the
Maoist cabinet Sunday, Prachanda convened an urgent cabinet
meeting Monday to discuss the current political situation. He
is also scheduled to address the nation.

"We have decided to fight against the (President's)
move in the court, streets and Parliament," top Maoist leader
Bahadur Rayamajhi said.

Another top leader Krishna Bahadur Mahara said Yadav's
action was tantamount to "constitutional coup". "The President
is violating constitutional norms. His move has put the peace
process in peril."

The defiant Maoist leader said "the executive powers
to sack and appoint an Army Chief lies with the Government and
not the President. We will stick to our decision. We don't
have any plans to quit the Government."

The crisis is the worst to hit Nepal as a new
Constitution is yet to be framed and the old constitution is
silent on the appointment of Army Chief which was the
prerogative of the King.

The crisis follows months of tussle between the Prime
Minister and the Army Chief over the induction of former
Maoist rebels into the Army.

The Maoists have also decided to hold talks with
Madhesi People's Rights Forum and other smaller parties to
retain majority in the 601 member Constituent Assembly.

Hours after Prachanda sacked Gen Katawal yesterday
accusing him of defying the government's orders by reinstating
eight Generals retired by the Maoist administration, the
President told the Army Chief to remain in the post.

"Being the head of the state and the supreme commander
of the Nepal Army I order you to continue with your duty,"
Yadav said in a letter sent to Gen Katawal late last night.
Copies of the letter were sent to the Prime Minister's Office
and six regional headquarters of the Army.

"The dismissal of the Army Chief and the new
appointment do not meet the constitutional requirements and
due process," the President said.

Meanwhile, the principal opposition Nepali Congress
demanded the resignation of Prachanda, saying the Maoist
Government has been reduced to a minority in the wake of
CPN(UML) pulling out in protest against the decision to sack
the Army Chief.

The NC said it would consider supporting the Communist
Party of Nepal (Unified Marxist Leninist) if it makes a bid to
form government.

The President's letter asking Gen Katawal to remain in
office also came after 18 political parties urged the
President to protect the "constitution and block action
against the Army Chief."

Soon after the Government announced its decision to
fire the Army Chief yesterday, CPN(UML) quit the government in
protest against the decision.

The CPN(UML) has 108 members in the 601-member
Constituent Assembly and its action has raised doubts over the
survival of the multi-party coalition.

The Maoists' move to fire the Army Chief came a
fortnight after they served an ultimatum to Gen Katawal,
seeking his clarification on defiance to recruit former Maoist
rebels in the military.

It also questioned his "hastiness" in reinstating
eight generals retired by the government and his decision not
to participate in the National Games.

Currently, the Maoists have got a strength of 238
seats in the 601 member Constituent Assembly, which is
scheduled to meet tomorrow.

The NC has 112 seats, UML 108, Madhesi People's Rights
Forum 53, Terai Madhes Democratic Party 21 and Sadbhavana
Party has 9 seats. A minimum of 301 seats are required to form
a government. PTI SBP
DEP