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Sushil-led Government-68

Issue August 2015


Siddhi B Ranjitkar


The two-thirds-majority leader did not realized, yet that the mandate they had received from the people was not for bullying the people but for crafting a new constitution. The government had apparently deployed the army against the people, the media reported but the army denied it. Home Minister got backfired while trying to bully the neighbor disregarding the diplomatic protocol. He called back the local administrator and the police officers from Kailali rather than he himself resigning from the job for his incapability to enforce the public order. The government had passed on the taxpayers’ two billion rupees to the armed police force and the Nepal police to buy ammunition to kill the taxpayers after the deadly incident in Tikapur, Kailali. The innocent Tharu people fled the villages to save their lives. Some anti-federalists had burned down the houses of the Tharus that had been demanding their homeland. For more than two weeks, the Madheshis had been protesting against the four-party-sixteen-point agreement, and demanding to enforce the previous agreements the Madheshis had reached with the government. The Madheshis leaders had clearly stated the Madheshi movement had reached the point of no return they were not going to hold talks with the government until the government pulled back the army and enforce the previous agreements. Indian Prime Minister Narendra Modi had repeated his suggestions to craft an inclusive constitution. The most barbarous demonstrators with the homemade knives infiltrated into the peaceful Tharu demonstrations, and some of them managed to kill seven policemen and a two-year old child mercilessly.


I had told in my previous write-ups that the two-thirds mandate was for crafting a constitution not for intimidating the people, and imposing their constitution. The UCPN-Maoist leaders had totally surrendered to the two-thirds-majority leaders, and did not listen to the people’s grievances the majority leaders had been trying to cause imposing a constitution of their choice rather than of the people. The constitution had been a camel as Dr Baburam Bhattarai had termed it. People did not want such a camel constitution.


The two-thirds-majority leaders could promulgate a new constitution at the constituent assembly but it probably would be burned down in the fire that had been burning elsewhere in the country. No ethnic people, no Madheshi people and other underprivileged people would accept the constitution signed off by about 400 CA (constituent assembly) members without considering the fundamental rights of the common folks.


The ancestors of the underprivileged people had endured the discrimination and denial of the fundamental rights for 240 years during the Shah-Rana regime. The current progeny were no more ready to accept the same terms and conditions. They wanted their fundamental rights. They wanted to make their own decision on their destiny not somebody sitting somewhere. This was what the so-called four-party leaders did not appreciate.


Indian Prime Minister Narendra Modi had wisely twice advised the Nepalese leaders to craft an inclusive constitution. While speaking at the Nepalese parliament during his first visit in November 2014 to attend the SAARC summit, Prime Minister Modi had said that the Nepalese leaders should craft a constitution taking into the accounts of the aspirations of all the people for their fundamental rights and making the constitution acceptable to the Nepalese in general. Prime Minister Modi had again urged Prime Minister Sushil Koirala to this end on the phone call made after the Kailali meltdown on August 23, 2015.


After the violent incident in Kailali on August 24, 2015, Indian Prime Minister Narendra Modi made a telephone call to Prime Minister Sushil Koirala, and told him that the political leadership of Nepal should resolve all outstanding issues through dialogue among all political parties and through a process of the widest possible consultations, and urged Koirala to strengthen the climate of trust and confidence across and among all sections of society and arrive at a solution that reflects their will, and accommodate the aspirations of all the citizens of a richly diverse society within a united, peaceful, stable and prosperous Nepal, according to a statement from the Indian External Affairs Ministry, the news on stated.

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Prime Minister Koirala authorized the local administration to use the Nepal Army to suppress the people’s movement fighting for their fundamental rights, according to the media reports rather than listening to the good advice of Prime Minister Modi. Mr. Koirala had been still in a mood of persecuting the people rather than listening to them and trying to persuade them. Mr. Koirala obviously did not understand what the army for. It was for defending the borders of the country not for pointing the guns at the sovereign people. Mr. Koirala had already lost the war sending the army to tackle the people that had been deprived of everything in their lives. However, the Nepal army had denied that the army had been deployed in the far western Nepal; only the commander-in-chief President of Nepal could deploy the army not others, the news on stated on August 27, 2015.


In a statement issued in Kathmandu on August 27, 2015, the Department of Public Relations (DPR) of the Nepal Army (NA) stated that the army has been working following the Section 6 of the Local Administration Act, 1971 not the Articles 144 and 145 of the Interim Constitution. The local administration could use the NA for enforcing the law and order following the section 6 of the Local Administration Act, 1971 after declaring the riot-hit areas under the local administration jurisdiction.


A standing committee of the UCPN-Maoist at the meeting held at the residence of Chairman Prachanda at Lazimpat, Kathmandu on Tuesday, August 25, 2015 opposed the government’s decision on deploying the NA in the riot-hit areas, and stated that only the political solution could put to an end to the conflict in various parts of the country, and also urged the major political parties to have dialogue with various protesting groups. "Parties and government must seek political solution to Monday's Kailali incident," Spokesperson for UCPN-Maoist Dinanath Sharma said, "Mobilizing the military can never be a solution and we oppose it." The party also demanded the major political parties to bring the situation under control addressing the genuine concerns of the Tharu communities by which the UCPN-Maoist also decided to stand, the news on stated.

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After the deadly incident in Kailali on August 24, the NA with a jumbo team reached Tikapur, Kailali on August 25, 2015. The NA put helicopters in alert at the Gerungay barrack about 90 km from Tikapur, and the NA was ready to shot any suspects. All the Tharus fled their villages. All the Tharu homes were deserted. They crossed the border and stayed on the Indian side of the border, central member of the Nepal Journalists’ Association and reporter Bhavani Aire reported from Tikapur. The local administration had imposed an indefinite curfew in Tikapur, and from 11.00 am to 7:00 pm in the areas around Dhangadhi where the Nepal police and the Armed Police Force had been patrolling, the news in Nepali on stated.

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Mr. Koirala had so generously granted two billion rupees to the Nepal Police and the Armed Police Force for buying ammunition and vehicles for fighting against the people demanding nothing less than their fundamental rights. Some people in the social media had opined that 80% of the money granted for ammunition and vehicles would go into somebody’s pockets. What for the two billion rupees was given when the NA had already been engaged in repressing the people if not for making money for Mr. Koirala himself and his sycophant? I wished it would be the truth. It meant fewer bullets and fewer vehicles for reaching the people and killing them.


After the Kailali devastating incident, the Nepal Police had been arguing that the death of seven policemen had been because the Armed Police Force did not fire at the people. It indicated that the Nepal Police had developed the mindset of killing rather than safeguarding the common folks. Nobody had the rights to kill: neither the police nor the infiltrators into the demonstrations. No matter where the perpetrators of crimes whether they were policemen or infiltrators had been they would be brought to justice. It is the question of time.


The recent video posted on the facebook had shown how the Nepal police cornered a single demonstrator and how all the policemen around him were striking him with batons and kicking him. The infiltrators into the demonstrators did almost the same to the policemen if we were to believe the media reports. The policemen had enjoyed hitting some lawmakers belonging to the historically underprivileged class demanding to incorporate their rights in a new constitution, and other lawmakers demanding a Hindu state.


Home Minister Bamdev Gautam had been superseded once the NA had taken up the job of the public order. The defense ministry would do the work of home ministry, too. So, no need of Bamdev and even his ministry was if the NA were to deploy after some serous and challenging events elsewhere in Nepal. The police had been redundant, as the NA had been working in the riot-hit districts.


However, Bamdev shamelessly continued in his job, and he told the parliament that the infiltrators coming from across the border had been responsible for the death of the policemen without thinking what would be the implications of such accusation, and even disregarding the diplomatic protocol. The immediate reaction to the home minister’s statement was the warning from the Indian ambassador Ranjit Rae to Gautam not to make such an irresponsible comment.


On August 25, 2015 Indian Ambassador to Nepal Ranjit Rae met with Deputy Prime Minister and Home Minister Bamdev Gautam, and he conveyed the India’s concerns over the Bamdev’s statement. "The Embassy's attention has been drawn to the statement of Deputy Prime Minister Bamdev Gautam in the Parliament on August 24, 2015, regarding the sequence of events leading to violence in several parts of Nepal," said the statement issued by the Indian embassy in Kathmandu. Gautam had said in the parliament, "he had heard that a large number of intruders from the south had entered Gaur, Rautahat”. Ambassador Rae said that India had been concerned with this and similar unsubstantiated statements that could cause misunderstandings and distort perceptions about the cordial and friendly relations between the two countries. Read more at:


In a statement issued in Kathmandu on Tuesday, August 25, 2015, the Office of the United Nations High Commissioner for Human Rights (OHCHR) expressed its concerns over the continuing political violence in Nepal. After seven security personnel and a two-year-old child were killed in the bloody incident in Kailali on Monday, August 24, 2015, the OHCHR urged the political leaders and protestors to find a peaceful solution to the current streets violence before they went out of hands. “We urge the Government of Nepal to create a climate where minority or dissenting views or beliefs are respected, and security forces only employ force as a last resort and in full accordance with the standards laid out under international law for maintaining public order, including detailed guidelines governing the use of live ammunition,” read the statement. Five protestors also had been killed following the widespread demonstrations opposing the agreement signed by the political leaders on demarcating the federal state boundaries on August 8, 2015, the news on stated.


Mr. Gautam had smartly called back the chief district officer (CDO) and two police officers from the Kailali district to Kathmandu rather than Mr. Gautam himself resigning for not being able to save the lives of the policemen and enforce the public order. The CDO and the police officers had risked their lives to maintain the law and order and to save the lives of all became the victims of the most arrogant and inept home minister called Bamdev Gautam. He was so shameless that he shifted his incompetence to the CDO and the police officers that had enforced the law putting themselves under the attacks of the infiltrators that had come from across the borders if we were to believe Mr. Gautam.


The killers of the policemen were certainly the infiltrators and criminals that probably had been the tools of the anti-federalists and the anti-republican setup. They might not be from across the border as Home Minister Gautam had said but they were surely the anti-federalists and they were for shattering the crafting of a new constitution. They even burned down the houses of the Tharus that had been demanding nothing but their rights to live as the sovereign citizens. They must have taken the advantage of the provocative speeches made by some Madheshi leaders particularly Rajendra Mahato and Upendra Yadav in Kailali about two weeks ago, and then of lawmaker Rukmani Chaudhary in the parliament on Sunday August 23, 2015, the news on the stated. Rukmani Chaudhary had said that the protestors would carry homemade knives and spears.

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Women staging demonstration wielding swords in Gaur. Photo: Prabhat Kumar Jha

(Source:, August 24, 2015)


Any amount of money would surely not compensate the loss of the life of anybody. However, the government needed to compensate the families of the loss of their loved ones either policemen or demonstrators when died in the demonstration or the people’s movement. The government should pay at least Rs 5 million (the Madheshi leaders had declared to pay this amount to anybody killed at the demonstrations) to the families of each of the policemen died in the Kailali incident and the demonstrators killed by the policemen’s bullets elsewhere. The government needed to bring the policemen that fired at the demonstrators and killed the demonstrators and the infiltrators that killed the policemen in Kailali to justice.


One thing Mr. Gautam did not take the notice of the public warning of one of the UCPN-Maoist’s leaders Burshaman Pun that a conspiracy had been hatched up to kill 200-300 people in the protest movements going on in the terai. That was certainly for wrecking the promulgation of a new constitution. Those infiltrators probably might be the creation of the influential leaders such as Sher Bahadur Deuba of NC and Bhim Bahadur Rawal of CPN-UML that had been deadly against splitting up their constituencies in the far western Nepal. That might also be only the excuse for something loftier than it to achieve.

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Dr Baburam Bhattarai and Sher Bahadur Deuba had traded heated arguments against each other stating each other accountable for inciting the spontaneous uprising in the Kailali district. Dr Bhattarai said that Deuba had been totally against giving up even an inch to the Tharus; the result had been violent uprising of the Tharus in the Kailali districts causing the death of seven policemen including the SSP, and the eighth one: an innocent child of two years. Deuba replied that those words of Dr Bhattarai had caused the violence; he had not said any sorts of what Dr Bhattarai had told. He also said that he had been for the cause of the Tharus, and he never had been against them.

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Both of these guys might be right in what they had said. Their eyes must be opened up by this disaster in the Kailali district. Apparently, these Nepalese leaders including the prime minister had not waken up, yet as they had authorized the local administration to use the army to capture the homeland of the people forcing them to flee. They probably still believed that they could use the power of the two-thirds majority for everything, and they could use the army to enforce it. The two-thirds majority was for crafting a new constitution I repeat it not enforcing the will of the leaders on the people that had been sovereign after the declaration of Nepal a republic. They were not for being subjects again.


The Tharuhat leaders blamed the police and the local administration for what had happened in Tikapur on Monday, August 24, and termed the day as the ‘black day,’ stating the police provoked the ‘peaceful protestors’ into the violence. Coordinator of Tharuhat Struggle Committee Dhaniram Chaudhary said, “The Tikapur incident is a black day in the history of the country. We have been staging peaceful protests. The protestors turned violent after the police intervened the peaceful protest.” CA member representing Kailali-3 Ram Janam Chaudhary said, “The incident is an outcome of police intervention. Police opened fire at the protestors who were on their way to erase 'Nepal Government' and replace with 'Tharuhat Government' on government offices boards.” Tharuhat Terai Party-Nepal Gopal Dahit said, “The police had tried to suppress people by visiting door to door. Police intervened on peaceful protests and opened fires. This should not have happened in any pretext.” - See more at:


If the Nepalese leaders were wise enough then they needed to comprehend that they should craft a new constitution taking into accounts of the aspirations of all Nepalese for fully living as sovereign citizens not as the subjects as their ancestors had lived under the tyrannical dynastic rule of the Shahs and Ranas. All Nepalese had acted on discarding the despotic dynastic rule. So, their voices must be listened to. Today’s’ youths are ready to die rather than surrendering their fundamental rights. That is what the new leaders needed to understand in the 21st century.


Madheshi people had been protesting against the 16-point agreement the four-party leaders had reached on crafting a new constitution, and they had been demanding nothing but the enforcement of the previous agreements they had reached with the Girija government. The current government could not dishonor the agreements signed by the Girija administration as it was not a new regime born of a new revolution or of the coup de’-tat. The current government was the continuation of the Girija administration. So, the government was obliged to honor the previous agreements.


Prime Minister Sushil Koirala had written letters to each of the members of the United Democratic Madheshi Front (UDMF) calling them to sit for talks but the Madheshi leaders had been not in a mood to talk to the prime minister. They just wanted to enforce the previous agreements including the eight-point agreement they had signed off with the then Prime Minister Girija Prasad Koirala nothing more or less. Nothing was rational than the demand of the Madheshi leaders then why Mr. Koirala needed to talk. He simply could agree to enforce the agreements. The Madhesh movement would come to halt. It was as simple as that.

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One of the Madheshi leaders Upendra Yadav said that they had been on the streets they would not go back until they would get what they had demanded; the NA had been deployed; the war was declared; so, no need of talks until the NA was returned to the barrack, and the agreements were enforced, the news on the stated. They had declared the indefinite protest movement. They had set the movement in motion, and it would not stop for anything less than the enforcement of all the previous agreements. Cadres of even NC, CPN-UML and CPN-Maoist had been spotted in the demonstrations, the news on the stated.

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Speaking at a press conference held by the FSFN Dhanusa Chapter in Janakpur on August 27, 2015, Chairman of Federal Socialist Forum-Nepal Upendra Yadav termed the ongoing protest movement as a ‘choice between freedom or death’, and demanded the immediate enforcement of the 22-point and eight-point agreements reached with the previous government. The protest movement has started off immediately after the leaders of the four major political parties signed off a 16-point agreement at the Prime Minister’s official residence in Baluwatar on June 8, 2015. He also said that his party would not accept the constitution promulgated by the four parties.


The government held a briefing meeting for the members of the diplomatic missions in Kathmandu on August 27, 2015. Indian and Chinese ambassadors were conspicuously absent at the meeting. The respective embassy staffers represented both the embassies of India and China. Chinese ambassador was not in Nepal whereas Indian ambassador attended another event skipping the briefing meeting. Minister of Foreign Affairs Mahendra Bahadur Pandey and Minister of Finance Dr Ram Sharan Mahat briefed the attending diplomats on the deadly incident happened in the Kailali district on August 23, 2015, and on other protest movements going on elsewhere in the country.


The diplomats had nothing to say at the briefings, as they knew what sort of the current government had been and of course the political leaders running the government, too, and what kind of constitution they had been crafting. That constitution as it were to be promulgated would not surely be the inclusive and anticipated the people’s uprising. So, the diplomats were not surprised to the incidents happening elsewhere in Nepal. These events were anticipated in the circle of the foreign diplomats in Kathmandu.


Speaking at an event in Dharan, Eastern Nepal on August 26, 2015, Supreme Leader of Federal Limbuwan Party (FLP) Bir Nembang warned the government of Nepal of running a parallel administration if the nine districts to the east of the Arun-Koshi River were not included in the Limbuwan Province. The nine districts are Sankhuwashabha, Taplenjung, Tehrathum, Panchathar, Dhankuta, Ilam, Sunsari, Morang and Jhapa. The last three districts are in the terai. Speaking at the same event, senior leader of the party Sanjuhang Palungwa said that the party would post signboards of the Limbuwan government in all the VDCs to the east of the Arun-Koshi River. "We are going to carry out this program in line with the pact signed in 1831 BS (1774 AD) and 5-point deal inked between Limbuwan Party and the Nepal government on March 19, 2008," said Palungwa.


Advocates Roshan Kumar Jha and Yam Kumar Yonjan jointly filed a writ petition at the Supreme Court of Nepal on Wednesday, August 26, 2015 demanding the Nepal Army soldiers be recalled from districts such as Tikapur of Kailali, Gaur of Rautahat and Malangawa of Sarlahi, as it would be the breach of the people's fundamental rights and disrupt the peace and security situation in those districts where they were deployed by the government after the protest movement against the state delineation became violent in the Kailali district on August 23, 2015. The Office of the Prime Minister and Council of Ministers, National Security Council, Home Ministry, and Legislature-Parliament Secretariat were made defendants in the writ. The advocates stated in their writ that the deployment of the army would make the protest movement even violent, and it might cause a huge loss to the nation, the RSS news on stated. However, the Supreme Court of Nepal quashed the writ stating the deployment of the NA was lawful.


The indefinite Tarai bandh (shutdown) called by different Madheshi parties completely halted the movement of cargo vehicles from Birgunj: a major border point from where foreign goods entered Nepal causing the fear of shortage of different supplies in the country. Not many vehicles had arrived at the Inland Clearance Depot (ICD) in Birgunj to take the consignments of supplies making the shortage of space for storage of goods as of August 26, 2015, said Nepal Inter-modal Transport Development Board (NITDB) that managed the Birgunj ICD. The cargoes coming from the Kolkata dock were stored at the ICD in Birgunj. The cargo trucks had formed a queue as long as two km in Raxaul due to the halt in the vehicular movement in Birgunj.


 “Union Home Minister Rajnath Singh has said that the Indian government is concerned about Indians living in Nepal, considering its present political situation. “Although the Madhesi problem is an internal issue of Nepal, the Indian government will protect the interests of the one crore (10 millions) Indians living there,” Singh said, during his visit to Maharajganj on Sunday. He was there to unveil an outpost of the Sashastra Seema Bal (SSB) and lay the foundation stone of its proposed new building. Yogi Adityanath, BJP MP from Gorakhpur and Mahant of Gorakshnath Temple, has often been accused of providing logistic support to the movement of the Madhesis against the Nepal government,” the news on the stated on August 30, 2015.

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Bharatiya Janata Party (BJP) leaders had been wildly outspoken about the religious controversy in Nepal, and they had been speaking for making Nepal a Hindu state that was quite understandable but they had been causing Indian Prime Minister Narendra Modi incredible embarrassment. Previously also, the administration of Narendra Modi had issued warning to other BJP leaders against speaking irrationally in Nepal, and even in India. However, the leader of Rajnath Singh’s stature speaking in such an irresponsible way was certainly a black spot and shame on the Narendra Modi’s administration. Prime Minister Modi would surely take actions against such a crazy leader. Such a statement of the Indian leader would certainly damage the Madheshi movement in Nepal, too.


In a press statement issued in Kathmandu on Monday, August 31, 2015, the Indian Embassy said that Home Minister Singh denied making any such comments during an event held in Maharajgunj, Uttar Pradesh on Sunday. “The Madhes issue, he said, was required to be addressed by the Nepalese themselves,” the statement stated. The Indian minister's remarks came at the time when a group of Constituent Assembly (CA) members representing various Madhes constituencies were meeting the top Indian political leaders to solicit the Indian support for the ongoing Madhesh movement in Nepal, the news on the stated.

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The four political parties such as NC, CPN-UML, UCPN-Maoist, and MPRF-D had reached the so-called a 16-point agreement on crafting a new constitution accepting eight federal states. This agreement alone had effectively provoked other ethnic and Madheshi political leaders to protest on the streets. After the several attempts on drawing the attention of the so-called four-party leaders to the need for incorporating the concerns of the Madheshi people as stated in the previous agreement in a new constitution were failed, the Nepal Sadbhavana party of Rajendra Mahato had even quit the CA (constituent assembly) stating the political leaders of the large parties did not listen to the voices of smaller parties, and went to join the people’s movement.


Then, the four-party leaders agreed on six federal states setting aside the 16-point agreement annoying and embarrassing chairman of MPRF-D Bijya Kumar Gacchedar. That was not the end of the sequence of agreement. Then the third agreement was made to create seven federal states. Gacchedar was not happy with the new agreement. He declared that he would accept the eight federal states as stated in the 16-agreement otherwise he would join other Madheshi leaders in the street protests.


At the same time, the Madheshi and ethnic parties had continued their protest against the 16-point agreement, and they demanded the government to enforce the previous agreements. The police had continued to strike the peaceful protestors and even killed one or two elsewhere in the terai areas almost every day. The Madheshi leaders jointly agreed to pay Rs 5 million to the family of each one killed in the protest rallies, and the dead fellow would be declared a national hero and called a martyr.


Such declaration of the Madheshi leaders provoked Home Minister Bamdev Gautam to label them as the terrorists in the parliament. Chairman of Nepal Sadbhavana Party Rajendra Mahato in turn said, “Bamdev himself was a terrorist that had seen us as terrorists.” He also challenged the home minister to prove him a terrorist. Indicating what Bamdev had done in 1971 during the Jhapa movement, Mahato also said, “We had not taken up the arms nor did we hit anybody with a hammer as did Bamdev. We did not but Gautam himself rose from the terrorism.” He also said that forcibly promulgating a new constitution would invite anarchy in the country, the news on the stated.

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Other small parties had already been protesting against the arrogance of the three political parties. The four-party had been the thee-party after the MPRF-D quit the group of four parties. The three parties continued the process of crafting a new constitution disregarding the protestors’ concerns in the parliament and on the streets, too. The members of the international community in Kathmandu and Indian Prime Minister Narendra Modi had expressed their concern for making an inclusive constitution of Nepal but the arrogant three-party leaders were not for listening to anybody. The results had been the violence in Tikapur, and in other areas in terai.


Nobody could predict where this political arrogance of the three political-party leaders and the protests against them would lead the country. The economic impact of the Madheshi uprisings and the ethnic protests had been incredibly large, though. However, the arrogant leaders had not been in a mood to consider the people’s aspirations for their voices incorporating in a new constitution. When they would be prepared to listen to the people it might be too late.


August 31, 2015

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