KATHMANDU: A day after President Ram Baran Yadav promulgated two Ordinances as per the request of the government, legal adviser to the Head of the State, Surya Dhungel, said today that issuance of Ordinance was ‘selective’ and would not be ‘common’ in future.
“This was a selective decision and cannot be general,” Dhungel said, adding that since it was essential for the nation, the Head of the State approved the money laundering ordinances to prevent the blacklisting of Nepal by Financial Task Force (FATF). Dhungel also said the President decided to issue the Mutual Legal Assistance Ordinance and Extradition Ordinance because the parties had tabled the bills in parliament before the CA dissolution which doubles as parliament and it was meaningless to oppose the decisions now.
Citing Article 88 of the Interim Constitution, the President issued the executive-made laws on the last day before the FATF deadline expired despite serious opposition from Congress, UML and 27 other parties. “It was not a new issue but had been misinterpreted by political parties in the present political context,” Dhungel argued. “Additionally, the President took the decision only after consulting political parties and financial experts as it was related to Nepal’s image,” he claimed. Dhungel also added that even though the right to issue ordinance was an extraordinary matter most persons who met the President had suggested bringing the Ordinances.
Dhungel also hinted that issuance of ordinance will not be a common phenomenon. “It must not be taken in the future that the President will accept all recommendations of the government,” Dhungel clarified. “He has the right to test the rationale behind everything,” he reasoned. Dhungel also emphasised political consensus before the parties take any major decision in future as required by the Interim Constitution. “If the parties want to hold election or seek a way out of the political crisis, the President may invoke Article 158, but they must forge consensus first,” he added.
Dhungel ruled out ‘rule by ordinance’ and said there is no possibility of the government acting unilaterally. “Without political consensus there is no way out of the present constitutional and political crisis,” Dhungel added. by ANANTA RAJ LUITEL THT