Just two weeks into the new Maoist-led 5-party coalition government, Prime Minister Pushpa Kamal Dahal has found a new best friend in Home Minister Rabi Lamichhane.
So desperate is Dahal to stay on as PM that he has sacrificed his bishop, comrade-at-arms Krishna Bahadur Mahara who is Maoist vice-chair and has given new meaning to his party designation.&nbsp;
Lamichhane is out to show that he has the pluck to go after high profile politicians, and has convinced Dahal that he had to do what he had to do to restore flagging public support.
It was convenient that Lamichhane could use an inquiry commission report implicating Mahara in 60kg of gold being smuggled in from Hong Kong as motorcycle brakes last year, and another 9kg gold a Chinese passenger was caught hiding in a consignment of e-cigarettes in 2022.&nbsp;
Read also: <a href="https://nepalitimes.com/editorial/skeletons-in-the-cabinet-k5x6py1v">Skeletons in the Cabinet</a>, Editorial
Lamichhane met the Prime Minister last Friday, and the two seem to have agreed that Mahara was expendable. Mahara got wind of this, and was caught while trying to escape to India via the Kapilvastu border. He is currently being detained in a hospital in Kathmandu.
Lamichhane is said to be targeting senior opposition Nepali Congress (NC) leaders next, and Mahara’s arrest was necessary to prove that he is not sparing party figures from his own coalition. His predecessor, Narayan Kaji Shrestha who is now Foreign Minister, had selectively gone after UML and NC leaders.&nbsp;
Dahal’s decision to sacrifice Mahara may have been easier because the former House speaker was already a tainted figure, with ties to telecom kickbacks and accusations of syphoning off money meant for ex-guerrillas. &nbsp;There was no probe into either allegation.&nbsp;
In 2010, an audio recording was leaked to the press of him demanding Rs500 million from a Chinese national to buy lawmakers to keep the Maoist coalition intact. Despite this, he became House Speaker in 2017.&nbsp;
Mahara was finally arrested in 2019 after a female staffer of the Parliament secretariat accused him of rape. He resigned as Speaker, but was eventually acquitted by the courts.
Read also: <a href="https://nepalitimes.com/editorial/what-difference-does-it-make">What difference does it make?</a>, Editorial&nbsp;
Former Maoist leader Muma Ram Khanal says this time, too, the case against Mahara may fizzle out. “It could just be another stunt that the Prime Minister is pulling with his Home Minister,” he told our sister publication, Himalkhabar.
As of press time Thursday, it was not clear whether Mahara’s four-day arrest would be extended. The evidence against Mahara that he pressured customs officials to release smuggled gold, and made multiple phone calls to the accused may not be deemed enough by the courts to convict him.&nbsp;
Seeing that Lamichhane may be coming after its own Arzu Rana Deuba and Binod Chaudhary next for their involvement in the fake refugee scandal and the Bansbari land grab, the NC is trying to snare the Home Minister in a case involving the misappropriation of funds from cooperatives to fund a media company Lamichhane co-founded with businessman G B Rai.
Suspiciously, one of Lamichhane’s first acts as Home Minister was to transfer CIB chief Kiran Bajracharya, who was heading the investigation of the cooperatives fraud case. Bajracharya was blamed for her unwillingness to investigate Mahara and others in gold smuggling.
Read also: <a href="https://nepalitimes.com/news/catapulting-to-singha-darbar">Catapulting to Singha Darbar</a>, Kunda Dixit
The NC has threatened to obstruct Parliament unless Lamichhane is investigated in the cooperatives case even though Prime Minister Dahal this week staunchly defended his Home Minister.&nbsp;
If all this was an attempt by the RSP to show that it is serious about curbing corruption, the public does not seem all that convinced. Many see the investigations as vendetta and political drama. The web of corruption is so tangled that every politician has something on another politician, and they all tend to cancel each other out.&nbsp;
Mahara was questioned about his alleged connection with the smuggling racket last year, and his son Rahul has been in police custody since August for his involvement in the case. Other political leaders including incumbent Finance Minister Barsaman Pun, former speaker Onsari Gharti Magar, and Dipesh Pun, son of former vice-president Nanda Bahadur Pun, have all also been accused of being a part of the gold trafficking ring.&nbsp;
Former prime ministers, ministers, and political leaders have been questioned, even detained, for their involvement in cases ranging from the Baluwatar real estate scam to the fake refugee scandal, but they have either been spared completely, released on bail, or the investigations have hit a dead end.&nbsp;
All the leadership seems to care about is to push probes into corruption cases when they are in power and rivals are in the opposition. In that respect, though, Mahara’s detention is an outlier — he has been taken in while his own party boss is Prime Minister.
Read also: <a href="https://nepalitimes.com/editorial/nepal-gets-gold-medal-for-corruption">Nepal gets Gold Medal for corruption</a>, Editorial
Shristi Karki

original

674x448

610x380

500x500

400x266

400x240

400x203

301x200

1250x600

1084x550

Nepal’s corruption carousel

<figure><img width="673" height="404" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101140/636b75cb9c7e80680e062407jpeg.jpg" alt=""/><figcaption>Photo: HIMALKHABAR.COM</figcaption></figure>There is an old Hungarian proverb: ‘If you are among thieves, and you keep quiet, that makes you a thief as well.’The saying does not hold much weight in Nepali politics, where impunity has now been elevated to this government’s mission statement. There was the lack of rule of law before, but never has it been as blatant as it is today.A <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">Speaker of Parliament accused of attempted rape</a> is the same man who as Finance Minister ten years ago was caught on tape asking for Rs500 million from a Chinese contractor to buy off opposition legislators for a no-confidence vote. Needless to say, he never had to answer for the leaked tape, and two weeks ago he was acquitted by a district court on the rape charge as well. Meanwhile, a <a href="https://www.nepalitimes.com/latest/speechless/" target="_blank" rel="noopener">murder-accused who never answered for his war-era crime</a>, replaced him as Speaker.  The Minister of Information and Communication is caught on tape bargaining for a Rs700 million kickback from a commission agent supposedly representing a Swiss security printing supplier. He is forced to step down, but questions have arisen about his political patron, Prime Minister K P Oli. What did he know, and when did he know it?The scandals are coming thick and fast. Nepal has become a one-scam-a-day country. The Baluwatar real estate heist and the nefarious dealings that gave Yeti Holdings unprecedented access to royal assets administered by <a href="https://archive.nepalitimes.com/article/nation/nepal-from-royal-to-republic,3736" target="_blank" rel="noopener">Nepal Trust</a> have added to cumulative public disillusionment with the Oli administration.Read Also: <a href="https://www.nepalitimes.com/banner/the-two-year-itch/" target="_blank" rel="noopener">The two-year itch</a>, EditorialAt a time when all these scandals are swirling about, and trending on social media, Prime Minister Oli staged a lavish birthday bash in his hometown at state expense this week (picture, above). Dignitaries fly over from Kathmandu in five helicopters, and even before the dust from the landing pad had settled, another Dynasty Air chopper arrived with an enormous birthday cake in the shape of a 3-D map of Nepal strapped to the back seat. We are living in a crony-communist Oligarchy. <figure><img width="1500" height="920" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101140/636b75cd9c7e80680e062408jpeg.jpg" alt=""><figcaption>Photo: RSS</figcaption></figure>There is nothing wrong with a prime minister celebrating his 69th birthday, but PM Oli has done himself no favours by not paying attention to the optics. The Athrai birthday was timed badly and was in bad taste. And it was not the first time this has happened. A New Delhi five-star hotel sent a $10,000 bill to the Nepal government in 2016 when <a href="http://archive.nepalitimes.com/blogs/thebrief/2016/02/19/oli-off-to-india/" target="_blank" rel="noopener">Oli celebrated his birthday there</a> during his first tenure as prime minister.Oli is known for carefully cultivating his public persona, and he should have known the social media reaction to heli-borne cakes and videos of birthday boy slicing into Nepal with a kitchen knife. It is looking more and more like the emperor has no idea he is naked.Oli is doing his nemesis, prime minister-in-waiting Pushpa Kamal Dahal, a great favour with these mis-steps. In fact, Dahal has only had to twiddle his thumbs, waiting for Oli to self-destruct. There is no love lost between these two Big Boys of the NCP, and it now looks like Dahal has the upper hand.<a href="https://www.nepalitimes.com/banner/state-of-health/" target="_blank" rel="noopener">A morally weak, politically feeble and physically frail</a> Oli would like to have his <a href="https://www.nepalitimes.com/here-now/premier-league/" target="_blank" rel="noopener">succession issue</a> sorted out before checking into hospital for his second kidney transplant. But Dahal is determined not to let that happen.In this elaborate chess game, Dahal’s primary aim is to undermine the foundation of the former UML rank and file, who still make up a significant block in the NCP. He knows he cannot make a dent at the cadre level, which is why he is peeling away top leaders like Jhalanath Khanal, Madhav Kumar Nepal and Bam Dev Gautam from the Oli camp.Read Also: <a href="https://www.nepalitimes.com/editorial/awesome-party/" target="_blank" rel="noopener">Awesome Party</a>, EditorialDahal advanced former UML leader Bam Dev Gautam into the Upper House this week. Gautam has been home minister thrice, and has a barely concealed ambition to be prime minister. The trouble is, he lost in the 2017 election.But Dahal’s move has spooked Oli, who has got Defence Minister Ishwar Pokhrel to deliver some Twitter broadsides, and to keep <a href="https://www.nepalitimes.com/banner/calendar-of-economic-change/" target="_blank" rel="noopener">Yubaraj Khatiwada on as Finance Minister</a> till the announcement of the annual budget even if his Upper House term is expiring on 8 March. Former Speaker Subhas Nembang has also come out strongly against Gautam being inducted into the Upper House, saying this sets a bad precedent.One danger is that President Bidya Devi Bhandari, who is close to Prime Minister Oli, will be dragged into the fray. The sooner this <a href="https://www.nepalitimes.com/banner/in-wait-and-wait-mode/" target="_blank" rel="noopener">paralysing power struggle in the NCP</a> is resolved, the better it is for Nepalis, for whom the electoral promise of ‘stability and prosperity’ has become a joke.Read Also: <a href="https://www.nepalitimes.com/here-now/the-troika/" target="_blank" rel="noopener">The Troika</a>, Editorial <h2>10 years ago this week</h2> In an editorial 10 years ago this week, we wrote about how political instability and corruption was hampering economic growth and scaring off investors. Unfortunately this is still the case. We have seen some significant growth in economy, but intense power struggle and polarisation with the ruling Nepal Communist Party has paralysed party decision-making and corruption has grown (the latest being Communication Minister Gokul Baskota’s printing press kickback scandal). Excerpt from <a href="http://archive.nepalitimes.com/issue/491" target="_blank" rel="noopener">Nepali Times #491</a> of 26 Feburary-4 March 2010:In a scenario dominated by politics, we know we are crying in the wilderness to talk about the economy. But even if it is only for economic reasons, this government must be reformatted. The state has no credibility. The economy is on the verge of collapse.  <img width="320" height="500" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101140/636b75d19c7e80680e062409jpeg.jpg" alt="">The cost of capital is so high that big projects are not viable anymore. Investors have fled, there is huge capital flight. Even the investors who are here are being harassed, as made evident by the ‘Maoists’ extortion of power projects. Businesses struggle to cope with the daily 12-hour power cuts. Corruption has never been worse than it is now.

THE  OLIGARCHY

<figure><img width="1492" height="996" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101136/636b74e29c7e80680e0623bajpeg.jpg" alt=""/><figcaption>Ex-House Speaker Krishna Bahadur Mahara with jubilant supporters on Monday outside the Kathmandu District Court which acquitted him on charges of attempt of rape of a college in September. </figcaption></figure>Former Speaker of the Nepal Parliament Krishna Bahadur Mahara was acquitted by the Kathmandu District Court of case in which he was <a href="https://www.nepalitimes.com/latest/mahara-arrested/" target="_blank" rel="noopener">accused of the attempted rape</a> of a colleague in October last year.Chief judge Ambar Raj Poudel ruled that there was not enough evidence to implicate <a href="https://www.nepalitimes.com/latest/plot-thickens-in-nepal-speaker-rape-case/" target="_blank" rel="noopener">Mahara</a> in the case. Mahara had been in Dilli Bazar Jail during the investigation and court proceedings since 3 November 2019. The state prosecutor office had used evidence provided by Police and asked for a seven year sentence on the charge of attempted rape.However, even though the court had asked for a polygraph test and DNA report on Mahara the police had been unable to provide them after <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">the former Speaker</a> refused to comply. Mahara had resigned from his post, and after the criminal case was filed he was automatically evicted from his parliamentary seat. Read also: <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">The rise and fall of Comrade Mahara</a>, Sewa Bhattarai and Sanghamitra SubbaThe victim had accused Mahara of arriving in her room on 29 September at 7pm with a bottle of alcohol when her husband was not there, and tried to rape her. She complained verbally to the police at 8:45pm that Mahara had tried to rape her and beat her. added that he had beaten her up when she resisted. <figure><img width="1500" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101136/636b74e69c7e80680e0623bbjpeg.jpg" alt=""><figcaption>Photo: RSS</figcaption></figure>Maharajganj police DSP Durga Raj Regmi arrived at the alleged victim’s room at 9:10, shot a video of the room, and asked the woman to accompany him for a medical exam. She refused, saying she would first wait for her husband to return.DSP Regmi returned to the alleged crime scene the next morning and retrieved a half-finished bottle of alcohol, a glass, and snacks. He also found a broken pair of glasses and the sole of a shoe. The evidence was all presented to the court.Read also: <a style="font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/mahara-arrested/" target="_blank" rel="noopener">Mahara arrested</a>After first calling the police, the woman in question refused to further cooperate with teh investigation and changed her statement several times. But there is evidence that she called the Nepali Congress MP Uma Regmi at 11pm to help her.The police report adds that Mahara’s bodyguard and driver said they had waited below the woman’s room while Mahara went up. Mahara himself denied ever going up, even though police presented a CCTV clip showing him leaving the room at 8:32:45pm that night. Mahara also refuted claims that he had a bottle of whiskey with him, and said he only drank red wine on doctor’s advice.  Police said that the grade on the spectacles retrieved from the room matched that of Mahara’s prescription.   Police presented an SMS message from Mahara to the woman which said: ‘Forget about yesterday. Forgive me.’ The medical report of the woman also detailed evidence of beatings. In a curious turn of events, the woman herself said she was “very happy” about the verdict and thanked the district court. In a phone interview with Himal Khabarpatrika on Monday, she said: “I am happy because Mahara Sir suffered an injustice, and so did I. I have been denying the incident since that day itself, but everyone including the media and police out pressure on me. Today we got justice.”She also accused the police of detaining her for nine hours and forcing her to file the complaint. She added: “It looks like our society talks about women’s rights, but perpetrated injustices against women.”Meanwhile, the deputy state prosecutor Num Raj Khanal said: “We think we have enough evidence against Mahara. WE are going to appeal this case.”Mahara has been released from jail, and can now assume his MP position the House, and avail himself of all his perks and salaries. However, if the higher court declares him guilty he could lose that post again.

Mahara acquitted

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b71259c7e80680e0600b7jpeg.jpg" alt="" width="1100" height="1031"/><figcaption>Illustration : DIWAKAR CHHETRI</figcaption></figure>The Nepal Communist Party (NCP) government completes two years in power next month. Despite its <a href="https://www.nepalitimes.com/editorial/two-thirds-empty/" target="_blank" rel="noopener">strong majority</a>, the party’s performance has been underwhelming.It may look like the NCP is just lurching from one embarrassing cockup to another. But there are signs the party may have A Plan. That all along, it has been aiming not for ‘stability and prosperity’, but for the <a href="https://www.nepalitimes.com/here-now/spooking-nepalis-by-snooping-on-them/" target="_blank" rel="noopener">extension of control</a>, the <a href="https://www.nepalitimes.com/editorial/rule-by-law/" target="_blank" rel="noopener">stiffling of dissent</a>, the intimidation of critics, the <a href="https://www.nepalitimes.com/banner/gagging-the-press-in-installments/" target="_blank" rel="noopener">muzzling of the media</a> and the constriction of civil society. There is even a systematic strategy in place to roll back the development gains of the past decades.Read also: <a href="https://www.nepalitimes.com/latest/14-years-after-conflict-no-closure-in-nepal/" target="_blank" rel="noopener">14 years after conflict, no closure in Nepal</a><a href="https://www.nepalitimes.com/editorial/crushers-of-justice/" target="_blank" rel="noopener">Crushers of justice</a>, EditorialGiven that power is centralised in Baluwatar, the plan is obviously being hatched at the Prime Minister’s Office. There may be a <a href="https://www.nepalitimes.com/here-now/which-way-nepali-politics-in-2020/" target="_blank" rel="noopener">power struggle at the top</a> between Prime Minister Oli and his comrade Pushpa Kamal Dahal, but on matters of control and domination the party has <a href="https://www.nepalitimes.com/here-now/one-body-two-heads/" target="_blank" rel="noopener">one body with two heads</a>.The Cabinet has zero accountability and no performance evaluation. Instead, ministers regularly threaten critics with crude scare tactics. They take their cues from Prime Minister Oli, who last week accused editors in the Nepali media of being “without hearts”. It is true that the criticism of Oli across a broad-spectrum of the national media over <a href="https://www.nepalitimes.com/here-now/the-business-of-politics-undermines-nepals-democracy/" target="_blank" rel="noopener">his dealings with the Yeti Group</a> has been relentless, but we have received no satisfactory explanation of why the consortium gets preferential treatment in leases of former royal property by the Nepal Trust.The government’s actions over the past two years may seem ad hoc and haphazard, but taken together there appears to be a method to the madness. Let’s take the <a href="https://www.nepalitimes.com/banner/no-speaker-no-parliament-in-nepal/" target="_blank" rel="noopener">sidelining the NCP’s own Shivamaya Tumbahangphe</a> and the bullheaded approach to replace a <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">rape-accused Speaker</a> with a murder-accused Speaker. If we had to cite just one example of why there is <a href="https://www.nepalitimes.com/latest/getting-away-with-murder/" target="_blank" rel="noopener">impunity and blatant flouting of the rule of law</a> in this country, the appointment of <a href="http://archive.nepalitimes.com/blogs/thebrief/2011/05/31/hearing-set-for-case-against-minister-agni-sapkota/" target="_blank" rel="noopener">Agni Sapkota</a> to the post of Parliament Speaker is it.Read also: <a href="https://www.nepalitimes.com/banner/no-speaker-no-parliament-in-nepal/" target="_blank" rel="noopener">No Speaker, no Parliament in Nepal</a>, Sewa BhattaraiEver since the end of the conflict 14 years ago, the Maoists, the UML, NC and the security forces have been <a href="https://www.nepalitimes.com/banner/yesterdays-enemies-todays-comrades/" target="_blank" rel="noopener">partners in crime</a> in sweeping their combined <a href="https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976" target="_blank" rel="noopener">wartime atrocities</a> under the carpet. Families of the victims and survivors of the war demand justice and truth, but every government since 2006 has tried to rig the <a href="https://www.nepalitimes.com/banner/12-years-later-justice-is-a-mirage/" target="_blank" rel="noopener">transitional justice</a> mechanism, and not a single perpetrator has been brought to trial. In fact, perpetrators get to lead Parliament.Agni Sapkota is accused of murdering <a href="https://www.himalkhabar.com/news/111027" target="_blank" rel="noopener">Arjun Lama, an activist of the UML</a>, in Kavre in 2005. The irony of it all is that the UML and the former Maoists are now unified in the Nepal Communist Party. After years of struggling for justice for her husband, Purnimaya Tamang finally told this paper this week: “I have lost all hope for justice now.”Pushpa Kamal Dahal may have been technically right in stating last week in Chitwan that he was responsible for the deaths of “only” 5,000 of the 17,000 people killed during <a href="https://www.nepalitimes.com/latest/nepals-transition-to-peace-needs-justice/" target="_blank" rel="noopener">the conflict</a>. But who is keeping count? If this vulgar non-repentance rattled many Nepalis, imagine what it did to the families of the disappeared and the survivors of that terror-filled decade.One of the provisions of the Comprehensive Peace Accord signed in 2006 was the establishment of a <a href="http://archive.nepalitimes.com/regular-columns/One-To-Many/victims-waiting-for-justice,698" target="_blank" rel="noopener">Truth and Reconciliation Commission (TRC) and a Commission for Investigation on Enforced Disappeared Persons (CIEDP)</a>. But all governments since have conspired to make these commissions ineffectual by appointing party loyalists to their senior positions so that no one ever has to answer for war crimes. This week, the NCP and NC appointed new handpicked commissioners to the TRC and CIEDP.Aside from transitional justice, the NCP has been trying to dismantle just about every sector in which Nepal has done well. There are <a href="https://www.nepalitimes.com/from-the-nepali-press/taking-away-forests-from-communities/" target="_blank" rel="noopener">attempts to dilute the laws</a> governing <a href="https://www.nepalitimes.com/banner/who-now-owns-nepals-forests/" target="_blank" rel="noopener">community forestry</a>. Pushpa Kamal Dahal hinted in Madi last week that he intended to change the by-laws governing Chitwan National Park. Under pressure from the fossil fuel lobby, the Finance Ministry is said to be thinking of scrapping <a href="https://www.nepalitimes.com/banner/nepals-electric-transport-future-is-here/" target="_blank" rel="noopener">the tax rebate on electric vehicles</a>. And this week, the Home Ministry was reported to be drafting a new Social Organisations Act which will allow it to close down non-government organisations it does not like.Taken together, it is not hard to see what the NCP has been working hard to do in the past years. In an Orwellian sense, when the party said ‘stability’, it always meant ‘control’.<h2>10 years ago this week</h2>...The <a href="http://archive.nepalitimes.com/news.php?id=16728" target="_blank" rel="noopener">analysis by Ashutosh Tiwari</a> in <a href="http://archive.nepalitimes.com/issue/486" target="_blank" rel="noopener">issue #486 of 22-28 January 2010</a> shows us how the power centre may have shifted in the last ten years, but the lust for power among our political leaders remains the same. As two Communist alpha males continue to battle it out in the ruling NCP, the latest casualty is the post of Speaker, with the sidelining of Shivamaya Tumbahangphe in favour of a murder-accused candidate: Even accounting for politicians’ lust for power, what’s wrong with our particular democratic structure that keeps on returning the same old politicians to power no matter how many Roman numeral andolans we have?On the outside, our system has the requisite avatar of a democracy (multiple parties, elections, political horse-trading, etc). Dig deeper, and you will find that it’s not the voters who call the shots but the party leaders, who have designed their parties’ internal structures in such a way as to keep them in power for as long as they live. Voters can express resentment, but come election time, they have to choose among the same menu of candidates.<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b71289c7e80680e0600b8jpeg.jpg" alt="" width="513" height="800">...

THE TWO - YEAR ITCH

<figure><img width="1101" height="734" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b71199c7e80680e0600b1jpeg.jpg" alt=""/><figcaption>Agni Sapkota after registering his name as candidate for the post of Speaker of House of Representatives. Photo: BIKRAM RAI</figcaption></figure>Fourteen years after the end of the conflict, a slew of controversial decisions and pronouncements by leaders of the ruling Nepal Communist Party (NCP) in the past two weeks has raised doubts about its commitment to resolve issues of transitional justice.Families of the 1,400 disappeared are still waiting for the truth of what happened, victims of war crimes want justice, while many thousands who were wounded, tortured, raped, or lost property during the conflict still awaiting compensation.There has been a bi-partisan resistance on the part of the NCP and the opposition Nepali Congress (NC) to address <a href="https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://archive.nepalitimes.com/article/editorial/state-of-impunity,2976&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNE-VRNrZHcLkqbC8jkCHAF_ibxycA">wartime atrocities </a>and provide closure to the families of victims and survivors.In fact, the former enemies are now not just the state. The Maoists, who killed and persecuted many from the former UML party have now unified under the same NCP banner.  Last week NCP co-chair and former Maoist leader who has become prime minister twice, Pushpa Kamal Dahal, said in a speech in Chitwan that he took responsibility “only” for 5,000 of the 17,000 Nepalis killed in the conflict. He said the security forces had killed the rest. Since 2006, the Maoists under Dahal and later the NCP has tried to make both the Truth and Reconciliation Commission and the Commission on Enforced Disappearances toothless and ineffectual bodies. He has also tried to prevent prosecution of those who perpetrated proven war atrocities from the courts.Last week, the NCP and the NC agreed on political appointees to the <a href="http://archive.nepalitimes.com/regular-columns/One-To-Many/victims-waiting-for-justice,698" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/regular-columns/One-To-Many/victims-waiting-for-justice,698&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNHUuaxDbFVqw17VQ--TLTMNticNDA">Truth and Reconciliation Commission (TRC) and the Commission for Investigation on Enforced Disappeared Persons (CIEDP)</a> despite strong opposition from conflict victims’ groups and human rights activists.The term of officials from both Commissions expired 14 months ago, and since then the posts have been vacant. They received many depositions from families of victims and survivors of war crimes, but not a single case has been taken to the courts.<a href="https://www.aljazeera.com/news/2020/01/victims-unhappy-nepal-revives-transitional-justice-process-200113082330798.html" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.aljazeera.com/news/2020/01/victims-unhappy-nepal-revives-transitional-justice-process-200113082330798.html&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNHNLYmm0mKKfi3hRpUx1RzZgp-Kdw">A three hour “consultation” </a> with victims’ groups was widely condemned as a merely cosmetic gesture and boycotted by many. The <a href="https://www.hrw.org/news/2019/04/12/nepal-reform-transitional-justice-law" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.hrw.org/news/2019/04/12/nepal-reform-transitional-justice-law&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNEk_5tXidhL25wkpdDcMoqNDvzPEQ">transitional justice law has still not been amended</a>, although the Supreme Court struck down key provisions that could grant amnesty to perpetrators back in 2015.‘These are troubling signs,” wrote <a href="https://www.hrw.org/news/2020/01/20/nepal-falters-justice-pledge-conflict-abuses" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.hrw.org/news/2020/01/20/nepal-falters-justice-pledge-conflict-abuses&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNETrSeFLGj4NDuqkmKnIeZICLNc3A">Meenakshi Ganguly, South Asia Director of Human Rights Watch</a> on Tuesday. ‘International crimes cannot be brushed away with political trickery. If justice is denied in Nepal, victims may be forced to take their cases to courts abroad.’The last straw was the NCP’s appointment as the new Speaker of Parliament former Maoist commander <a href="http://archive.nepalitimes.com/blogs/thebrief/2011/05/31/hearing-set-for-case-against-minister-agni-sapkota/" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=http://archive.nepalitimes.com/blogs/thebrief/2011/05/31/hearing-set-for-case-against-minister-agni-sapkota/&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNGnI_YaxpLVDZmW6JcksaCRY1wCGA">Agni Sapkota</a> who is accused of executing a UML activist in Kavre, Arjun Lama in 2005.  <img width="594" height="142" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b711b9c7e80680e0600b2jpeg.jpg" alt=""><img width="591" height="289" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101120/636b711c9c7e80680e0600b3jpeg.jpg" alt="">The cruel irony of it is that the UML is now a part of the NCP. Also, a person charged with murder has replaced former Speaker Krishna Bahadur Mahara, who is charged with rape, over-stepping <a href="https://www.nepalitimes.com/banner/no-speaker-no-parliament-in-nepal/" target="_blank" rel="noopener">Shivamaya Tumbahengphe</a> of the NCP who had a rightful claim to be a Speaker.The government has not yet investigated Sapkota’s involvement in Lama’s murder. His wife <a href="https://www.himalkhabar.com/news/111027" target="_blank" rel="noopener" data-saferedirecturl="https://www.google.com/url?q=https://www.himalkhabar.com/news/111027&amp;source=gmail&amp;ust=1579677544059000&amp;usg=AFQjCNEJpCkhE239E86oZOgjhD6meLK_DQ">Purnamaya Lama </a>said: “Now, I have lost all hope of justice.”In 2010, Agni Sapkota was denied a US visa for ‘serious and specific human rights allegations associated with his conduct during the insurgency’. He was earlier also prevented from going to Australia.

14 years after conflict, no closure in Nepal

<figure><img width="3750" height="2500" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101116/636b70929c7e80680e060085jpeg.jpg" alt=""/><figcaption>Illustration: Diwakar Chhetri</figcaption></figure>An ongoing impasse over the Speaker at the House of Representatives has once more brought to the fore the power struggle within the ruling Nepal Community Party between an ailing prime minister and a prime minister-in-waiting. And in this battle of the alpha males of Nepali politics, it is the appointment of women in decision-making positions that is the casualty.The post of the Speaker has been vacant since the former speaker <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">Krishna Bahadur Mahara</a> was arrested on <a href="https://www.nepalitimes.com/latest/mahara-arrested/" target="_blank" rel="noopener">charges of rape of a parliamentary colleague</a> in September. Nepal's Constitution requires that the Speaker and deputy must be of different parties and different genders.Read also: <a href="https://www.nepalitimes.com/editorial/crushers-of-justice/" target="_blank" rel="noopener">Crushers of justice</a>, EditorialCurrent deputy speaker Shivamaya Tumbahangphe is from the former UML component of the <a href="https://www.nepalitimes.com/here-now/which-way-nepali-politics-in-2020/" target="_blank" rel="noopener">ruling party NCP</a> which wants her to resign so that it can make a political appointment. Women's rights activists and politicians have termed this discriminatory. But the feisty Tumbahangphe, who is the only woman politician in Nepal with a PhD,  has refused to resign until now.There has been tremendous support for her also on social media. But parliament's winter session has been postponed again and again -- the last time in 12 January even though there was no need to do so."Our laws clearly state that the deputy speaker can conduct the parliament session in the absence of the speaker," says Rojnath Pandey, spokesperson of the parliament secretariat. "The parliament sessions have been postponed due to undisclosed reasons, at the deputy speaker's discretion." <figure><img width="1500" height="1000" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221109101116/636b70969c7e80680e060086jpeg.jpg" alt=""><figcaption> </figcaption></figure>Tumbahangphe is scheduled to begin the process of Speaker election at the next session, which NCP cannot contest as long as she is the deputy. Speculation is rife that the NCP is pressurising her not to call the Parliament session on Wednesday until she herself resigns and clears the way for NCP to contest. Speakers and deputy speakers are supposed to resign from their political parties so that they can lead the parliament impartially, but currently the parliament is caught in a deadlock on the whims of the ruling party."It appears that an invisible hand is directing acts of national importance, which reflects badly on our political system," says political analyst Bipin Adhikari. "NCP has no legal or moral authority to ask Tumbahangphe to resign or to stall parliament proceedings, since she no longer belongs to the party. If Tumbahangphe is forced to bow down to party pressure, it would imply that only party loyalists can become speakers, and the impartiality of the position would degenerate in future."Tumbahangphe herself has echoed that argument, and told reporters she is now an impartial official of the House of Representatives, and is accountable to the House rather than to her political party."I have sworn an oath to lead the House of Representatives, and I will not leave it headless by resigning. Why should I be sacrificed because Mahara committed a mistake?" she asks.https://www.youtube.com/watch?v=eTPn61SBrxA&amp;feature=emb_logoMany say that she is being asked to do so because she is a woman. NCP has advocated for gender equality in the past and even includes it prominently in its party manifesto. But it is often accused of not staying true to its words and not letting women leaders grow."This is political violence, caused by a culture of patriarchy and egoism in politics," says Renu Adhikari, a women's rights activist. "This is breeding dissatisfaction among junior women leaders, and top leaders should beware. It is high time they realised that it is not so easy to push women around."Several women's rights activists and organisations have spoken out in support of Tumbahangphe and protested NCP's shabby treatment of her. NCP, meanwhile, seems unaware of the gender angle, as it focuses on bagging the position of the Speaker.NCP spokesperson Narayan Kaji Shrestha scoffed at the idea that the incident could be offensive to women. "Says who? They should read the Constitution," said Shrestha, in an interview with Nepali Times. "The Speaker's post should belong to NCP by rights, since we have the majority in the parliament. We are confident that Tumbahangphe will realise her duty to the party and tender her resignation soon. If she does not resign, we cannot elect anyone, including her."Tumbahangphe is adamant that she will only resign if the parties announce their candidate, and has time and again claimed that she is qualified to contest. Meanwhile, those in the know say that Tumbahangphe doesn't stand a chance as NCP is sure to nominate someone close to one of the co-chairs KP Oli and Prachanda. And that, to many, is a bigger injustice than a violation of women's rights. Tumbahangphe is a highly qualified candidate by all standards, maybe even over qualified for Nepali politics. Active in politics for more than 40 years, Tumbahangphe also has a PhD in women's role in Nepal's politics. Not just women's rights activists, but ordinary men and women are asking why such a qualified person who has already proved her competence as deputy speaker is being sidelined."It is not just a matter of women's rights, but one of social justice," says Binda Pande, an NCP leader who has often used a feminist lens to critique the party's policies. "Tumbahangphe is a qualified, competent, and experienced leader, and her claim to the position of the Speaker is justified on those counts. Pushing for her candidacy on the basis of her gender would be an injustice to other things she brings to the table."Tumbahangphe also has stated that she is claiming the candidacy not because she is a woman, but because she is competent. Tumbahangphe represents a small minority of women who are so qualified that they can afford to rule gender out of the equation.No one, not even Tumbahangphe herself, is saying she should become Speaker because she is a woman.  The question is not if a woman should get the job, but if her gender is preventing her from getting it. However, an objective look would show that gender inequality is still an issue in Nepal's politics: in the 30-year practice of multi-party democracy in Nepal, a woman has led Parliament for only three years (Onsari Gharti 2015-2018).Even though the Maoist party entered the mainstream politics with a large number of women, many of them have fallen by the wayside and today senior leaders of NCP are mostly male. Though the constitution mandates that the head and deputy head of all local levels must be of different genders, parties have mostly fielded women for deputy positions and few are in leading positions.Women, though equally qualified, experienced, and dedicated as men, continue to fight for equal acceptance by their parties. Even though the current impasse seems like an individual stand for justice against a powerful establishment, it is symbolic of the culture of patriarchy in Nepal's politics that undermines women. How the Speaker dispute is resolved by the ruling party will, whether Tumbahangphe is retained or not, represent a milestone in Nepali politics.

No Speaker, no Parliament in Nepal

<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108151128/636a677c9c7e80680e0599dejpeg.jpg" alt="" width="3000" height="2250"/><figcaption>Illustration: DIWAKAR CHHETRI</figcaption></figure>Reverberations of 2019 are going to have far-reaching impact on Nepali politics in the coming year as <a href="https://www.nepalitimes.com/banner/in-wait-and-wait-mode/" target="_blank" rel="noopener">a tug-o-war</a>, broadly between ex-UML and ex-Maoist politicians within the Nepal Communist Party (NCP), intensifies.<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/banner/the-last-journey/" target="_blank" rel="noopener">A helicopter crash during a blizzard on 27 February</a> in eastern Nepal killed Tourism Minister Rabindra Adhikari, entrepreneur Ang Tshering Sherpa and four others. Sherpa’s friendship with Prime Minister Oli, and alleged irregularities in his dealings with the former royal property in Gokarna and Durbar Marg, which are administered by the Nepal Trust, and Kongde Resort — which lies inside Sagarmatha National Park — have now come under intense scrutiny.The prime minister’s detractors within the NCP are using the agreements between Nepal Trust and Yeti Holdings to corner Oli through a relentless and high-profile media campaign. Some of the leaks in the media about the contracts and minutes of cabinet meetings could only have come from the highest sources.The prime minister himself <a href="https://www.nepalitimes.com/banner/state-of-health/" target="_blank" rel="noopener">is in poor health</a>, needs weekly dialysis and has decided to carry out his impending kidney transplant in Nepal itself. But he has stubbornly <a href="https://www.nepalitimes.com/here-now/premier-league/" target="_blank" rel="noopener">refused to hand over the reins of government</a> to his party co-chair Pushpa Kamal Dahal.<a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/here-now/the-troika/" target="_blank" rel="noopener">Polarisation</a> has paralysed party decision-making, as last week’s stormy central committee meeting showed. Oli loyalists Defence Minister Ishwar Pokhrel, Information Minister Gokul Banskota, ex-Speaker Subhas Nembang and others were pitted against ex-UML dissidents like <a href="https://www.nepalitimes.com/opinion/heres-whats-going-on/" target="_blank" rel="noopener">Madhav Kumar Nepal</a>, Jhalnath Khanal, Bamdev Gautam and Bhim Rawal, who are now with Dahal.These were the gentlemen most vociferous in pushing for Dahal’s choice of Agni Sapkota as the new speaker of Parliament to replace <a href="https://www.nepalitimes.com/banner/the-rise-and-fall-of-comrade-mahara/" target="_blank" rel="noopener">Krishna Bahadur Mahara</a>, who is in jail on <a href="https://www.nepalitimes.com/latest/mahara-arrested/" target="_blank" rel="noopener">charges of attempted rape</a> of a colleague. Oli’s man for the post is Nembang.That battle in the committee also spilled over into verbal combat over the $500 million, <a href="https://www.nepalitimes.com/editorial/a-millennium-challenge/" target="_blank" rel="noopener">US-funded Millennium Challenge Corporation project</a> to upgrade Nepal’s highways and transmission lines. The disagreement between the Dahal vs Oli camps became so acrimonious that the matter was sent to the party secretariat. It is expected to be passed by the winter session of Parliament — that is if there is agreement on the post of speaker first.The two power centres in Nepal today are therefore not the opposition Nepali Congress and the ruling NCP, but two Communist alpha males locked in a power struggle. This will continue to impact directly on policy decisions, appointments and ultimately even the country’s leadership in 2020. In the past two years Oli has centralised all day-to-day decision-making in the PMO, micromanaging appointments, policy and implementation.The prognosis for 2020 is that Dahal may decide that it is not worth the risk to try to replace Oli, and content himself with being a powerful party supremo and behind-the-scenes kingmaker. And as Oli gets physically, politically and morally weak, <a href="https://www.nepalitimes.com/here-now/power-plays/" target="_blank" rel="noopener">Dahal’s power is only set to grow</a>, making his supporters stronger.Political commentator Shyam Shrestha draws parallels between today and the rivalry between King Mahendra and Prime Minister BP Koirala before the 1960 coup. Mahendra is supposed to have famously told BP: “Nepal is not big enough for the two of us.”Shrestha adds: “Oli and Dahal have a similar love-hate relationship. But there can be only one winner in this race.”

Which way Nepali politics in 2020?

<img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60539c7e80680e056e74jpeg.jpg" alt="" width="1500" height="1000"/>Wearing a plain white polo shirt and a hint of a smile, former House Speaker Krishna Bahadur Mahara walked out of Norvic Hospital on Tuesday surrounded by security guards and some supporters. He was whisked away to the district government attorney's office at Babarmahal.Mahara <a href="https://www.nepalitimes.com/latest/mahara-arrested/">is accused of attempted rape</a> of a female colleague in Parliament, Roshani Shahi, on 29 September. When the news hit headlines, and the ruling Nepal Communist Party (NCP) reacted with uncharacteristic decisiveness, advising Mahara to resign. For watchdogs who have been criticising the government for impunity, including in war crimes and last year's highly publicised case of <a href="https://www.nepalitimes.com/opinion/justice-delayed-and-denied/">Nirmala Panta,</a> this came as a complete surprise.Was the government finally buckling under national and international pressure to clean up its track record on impunity? Was Mahara the last straw? Could the party be reacting to sagging public support?Read Also: <a style="background-color: #ffffff; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/mahara-arrested/">Mahara arrested,</a> Nepali TimesSenior politicians have been falling like nine pins. This week it was the turn of MP Mohammad Aftab Alam from Rautahat, accused of burning a dozen people alive in a brick kiln after they were injured while making explosives to be used in the first Constituent Assembly elections in 2012. With unprecedented swiftness, police on Tuesday arrested another MP, Pramod Sah from Sarlahi, after he was accused of vandalising an airline counter and roughing up airline staff in Janakpur. There is also an arrest warrant out for Parbat Gurung, MP from Dolakha accused of attempted murder.Initially, Mahara's response fit the pattern of powerful men who know they can get away with any crime. His press adviser said he had never gone to Shahi's apartment, but after CCTV footage emerged of him arriving on the street outside, Mahara agreed to cooperate with the investigation. When his health reportedly worsened in custody, he was taken to an expensive private hospital.Mahara’s first resignation letter was conditional: he said he was stepping down only for the duration of the investigation, hoping to get right back to his speaker job. In fact, that is still a possibility since he has not resigned as member of parliament.“An MP is suspended if accused of grave crimes, so Mahara is not receiving any government facilities or salary at the moment,” explains Rojnath Pande, spokesperson of the Parliament secretariat. "However, he is not dismissed from his position. If he is cleared, he can go back to his duties as an MP.”Read also: <a style="background-color: #ffffff; outline: 0px; letter-spacing: 0.15px;" href="https://www.nepalitimes.com/latest/plot-thickens-in-nepal-speaker-rape-case/">Plot thickens in Nepal Speaker rape case,</a> Nepali Times<figure><img src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141156/636a60579c7e80680e056e75jpeg.jpg" alt="" width="1500" height="1000"><figcaption> </figcaption></figure>Meanwhile, the NCP after telling him to resign has kept mum. NCP Spokesperson Narayan Kaji Shrestha told Nepali Times: “His resignation automatically includes resigning from the party. We had advised him to resign as MP as well, but since he is suspended at the moment the point is moot. We cannot say anything now about his eventual return to politics.”Shrestha claims Mahara’s resignation was meant to aid the investigation and not necessarily because of his guilt, and that he is innocent until proven guilty. However, top NCP leaders have been briefed by police that there is enough evidence against Mahara to make the rape claim credible. The party is therefore in damage-control mode.Even a year ago, the NCP might have tried to hush up the case, especially because the evidence is murky. Shahi has changed her statement many times, calling police to say she was raped, withdrawing the complaint, then filing a first information report (FIR) for attempted rape, and again accusing the police of pressurising her. There are screenshots of Shahi’s SMS conversation with a mysterious ‘M Sir’, which hint at long-standing intimacy.Journalists have dug up Facebook posts showing Shahi has known Mahara for decades, and implying that he has been abusing her, and that she may even have carried his child once. However, the account has now been deactivated.Shahi has been subjected to the same kind of backlash that #metoo accusers have faced: a section of the public thinks she had a consensual relationship with Mahara and outed him when he ceased to serve her purposes. Shahi has in fact accused Mahara of not helping her get a permanent posting at the Parliament Secretariat.Read also: <a href="https://www.nepalitimes.com/opinion/theytoo/" target="_blank" rel="noopener">#theytoo</a>, Sewa Bhattarai<iframe src="https://cdn.knightlab.com/libs/timeline3/latest/embed/index.html?source=1zVrbpu-q8I59SQO7MmpbmqlL62CYypGhqq1xBjc76bo&amp;font=Default&amp;lang=en&amp;initial_zoom=2&amp;height=650" width="100%" height="650" frameborder="0" allowfullscreen="allowfullscreen"></iframe>The case has now become emblematic of the<a href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener"> trend of rape and sexual abuse in Nepal</a>, and globally — most perpetrators are known to victims, and even have close relationships. Use of force is rare but manipulation, including threats, bribes, shame and humiliation, are common. If Shahi faced threats and shame during a supposedly consensual relationship, it is difficult to see where the consent ends and abuse begins.Shahi herself has complicated her case by her on-off accusation, but more people in Nepal now seem aware that even if the relationship is consensual, violence or non-consensual intimacy makes it abusive. Many believe Shahi was intimidated into changing her statements. Yet for a government famous for impunity, the very fact that a powerful politician is being investigated is a step forward for gender justice.But there are also many losers. Mental health was made an easy scapegoat after Shahi blamed depression and medication for her inconsistent statements. The reputation of women leaders, including MPs, has taken a hit since most of them have remained conspicuously silent. Only Nepali Congress MP Uma Regmi, whom Shahi called at midnight, has spoken out.Read also: <a style="background-color: #ffffff; letter-spacing: 0.15px;" href="https://www.nepalitimes.com/banner/four-fold-increase-in-reported-rape-in-10-years/" target="_blank" rel="noopener">Four-fold increase in reported rape in 10 years, </a>Sewa BhattaraiShahi’s marriage also suffered, since her husband Chitra Jung Shahi, who was out of town when the incident happened, reportedly went straight to Mahara when he returned and then chided his wife for smearing the politician, urging her to retract her accusation. Chitra Jung Shahi later posted a handwritten statement of separation on Facebook.While the case is tangled, it has certainly shaken Nepal’s powerful men, many of whom have, until now, behaved as if they are above the law. The pressure for justice in this case is increasing. On 3 October, 15 human rights organisations issued a joint statement, urging the government to treat Mahara as an ordinary citizen and investigate the case. The UN and embassies of five countries in Nepal issued another joint statement, urging Nepal to establish a ‘zero-tolerance message to combat gender-based violence’.The NCP appears to be trying to turn the Mahara case into proof that it abides by the rule of law, and deflect attention away from larger cases of impunity for war crimes.Read Also: <a href="https://www.nepalitimes.com/editorial/a-klepto-republic/">Klepto Republic</a>, Editorial

The rise and fall of Comrade Mahara

<figure><img width="1800" height="1200" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141152/636a5f6d9c7e80680e056e2bjpeg.jpg" alt=""/><figcaption>TO JAIL: House Speaker Krishna Bahadur Mahara who resigned last week after being accused of raping a staffer was arrested on Sunday evening from his official residence in Baluwatar. He refused to go in a police van, and was taken in this private vehicle instead. Photos: RSS</figcaption></figure>Police on Sunday evening arrested Krishna Bahadur Mahara who resigned as Speaker of Nepal’s Parliament last week for allegedly raping a female staff member. Police arrived at the Speaker’s official residence in several pickup vans and took him into custody to investigate the case. The arrest has also effectively removed Mahara from his position as Member of Parliament for the ruling Nepal Communist Party from Rolpa district. Mahara reportedly refused to ride in the police van, and a private car entered his official residence to take him away. He is being detained at the Singha Durbar police station.Read also: <a href="https://www.nepalitimes.com/latest/court-orders-mahara-arrest/" target="_blank" rel="noopener">Court orders Mahara arrest</a><a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/plot-thickens-in-nepal-speaker-rape-case/" target="_blank" rel="noopener">Plot thickens in Nepal Speaker rape case</a>The Parliament staffer had called police from her residence, saying she had been raped by Mahara on 29 September. Although Police arrived at the room almost immediately and inspected the premises, they said they could not start an investigation unless a formal complaint was filed. On Tuesday, the woman retracted her earlier statement, saying Mahara had never come to her room, raising suspicions that she was either being offered money for her silence or being threatened. However, the victim changed her mind again and filed an official complaint at the Baneswor Police Station on Friday night. On Saturday, the Court acted on it, ordering Police to arrest Mahara and begin an investigation.  The on-again, off-again saga of the <a href="https://www.nepalitimes.com/latest/plot-thickens-in-nepal-speaker-rape-case/" target="_blank" rel="noopener">rape allegation against the Speaker of Nepal’s Parliament</a> lasted a week, and the arrest on Sunday showed that the ruling party was under tremendous public opinion pressure to abide by the rule of law. It probably expects the arrest to defuse the situation, and allay growing criticism of the state of impunity in Nepal.  <figure><img width="1800" height="1200" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141152/636a5f709c7e80680e056e2cjpeg.jpg" alt=""><figcaption>Police officers and media personnel outside Mahara's official residence in Baluwatar from where he was arrested on Sunday evening.</figcaption></figure><img width="1800" height="1200" src="https://superdesk-pro-c.s3.amazonaws.com/sd-nepalitimes/20221108141152/636a5f749c7e80680e056e2djpeg.jpg" alt="">On 29 September, the victim called Police, senior female member of the ruling Nepal Communist Party (NCP) as well as reporters saying she had been roughed up and raped by Mahara who had come to her room with a bottle of whiskey. After the news broke, Prime Minister K P Oli and NCP co-chair Pushpa Kamal Dahal met hurriedly and advised Mahara to resign from his post as Speaker. Mahara did tender his resignation, but said it was ‘until the investigation is complete’, and he also did not resign from his parliamentary seat. Police had collected the whiskey bottle glasses as well as Mahara’s spectacles which had broken during the scuffle. However, Police did not arrest Mahara saying no formal complaint had been filed, and did not provide the victim with any security.By Friday, however, the woman was taken for a medical test and she was given two police bodyguards to prevent her from being harmed. The Mahara case has been seen as a litmus test of the political leadership of the NCP, at a time when the party has been under fire for non-performance, corruption and impunity.  If convicted, Mahara can face up to ten years in jail. According to Nepal’s criminal law, rape of someone above 18 carries a jail sentence of 7-10 years for the perpetrator, and the sentence is half that if it is attempted rape.Mahara, 61, has been a committed communist and in politics for the past four decades, starting out as a member of the radical Mashal group and was elected to Parliament from Rolpa at age 32. When a faction of the Communist Party launched an armed struggle, he joined Pushpa Kamal Dahal and Baburam Bhattarai as a senior leader. Known for being close to Dahal, Mahara was dragged into controversy in 2009 after a recording of a phone call he made with a Chinese contact asking for Rs500 million to buy MPs. No investigation was launched, and Mahara was never punished.He played an important role in peace talks to end the war, and served as Finance Minister and Home Minister in successive Maoist-led governments after 2008. As Communication Minister he was once more tied to a scam related to telecom contracts, and even Maoist cadre accused him of siphoning off money meant for ex-guerrillas in Maoist cantonments. Again, there was no probe, and it was well established that he had Dahal’s protection.This time, it looks like Dahal and other comrades cannot save Mahara. Public outrage was already growing over non-performance and corruption in the NCP government. The government has been ridiculed in social media for not being able to resolve the rape-murder of Nirmala Panta two years ago. For many the Mahara rape allegation is emblematic of the impunity enjoyed by senior politicians in Nepal. The NCP may have no choice this time, but to cut and cut cleanly.

Mahara arrested

The Kathmandu District Court on Sunday ordered the arrest of former Speaker of the Nepal Parliament, Krishna Bahadur Mahara, who resigned from his post last week after an allegation of rape by a member of his staff.The woman had filed a complaint at the Baneswor Police Station on Friday night, and the Court has acted on that complaint, making it possible for Police to arrest Mahara and begin investigation.Read also: <a style="background-color: #ffffff; font-size: 15px; letter-spacing: 0.01em;" href="https://www.nepalitimes.com/latest/mahara-arrested/" target="_blank" rel="noopener">Mahara arrested</a>Earlier analysis filed on Saturday 5 OctoberThe on-again, off-again saga of the rape allegation against the Speaker of Nepal’s Parliament took on a new twist after the victim lodged a formal complaint with the Police on Friday, a move that could have far-reaching political consequences.The complaint at Baneswor Police Station now paves the way for Speaker Krishna Bahadur Mahara to be formally arrested for the alleged rape on the night of 29 September in the rented room of a member of the Parliament staff with whom he is said to have close relations.That night the victim called Police, senior female member of the ruling Nepal Communist Party (NCP) as well as reporters saying she had been roughed up and raped. After the news broke, Prime Minister K P Oli and NCP co-chair Pushpa Kamal Dahal met hurriedly and advised Mahara to resign from his post as Speaker.He did tender his resignation, but said it was ‘until the investigation is complete’, and he also did not resign from his parliamentary seat. Although the Police inspected the room and collected evidence last Sunday, it did not ask the victim to carry out a medical test with fluid samples to confirm rape. Police did not arrest Mahara saying no formal complaint had been filed, and did not provide the victim with any security.However, the next day, the alleged victim withdrew her accusation, contradicting her earlier statement saying Mahara never came to her room. Her posts on Facebook accused the opposition of trying smear ‘Mahara Sir’. There was widespread speculation that the 40-yar-old victim had either been threatened or paid to withdraw the complaint.But in a dramatic about turn on Friday, she filed a formal complaint -– six days after the alleged incident. The ball is now in the Police’s court, and ultimately it will be a test of the political leadership of the NCP if it will allow Mahara to be taken into custody and allow the Police to take the investigation forward without interference.With Dasain having started, there could be excuses for delays, but legal experts say that holidays should not stop Police from taking Mahara into custody. If convicted, Mahara can face up to ten  years in jail. According to Nepal’s criminal law, rape of someone above 18 carries a jail sentence of 7-10 years for the perpetrator, and the sentence is half that if it is attempted rape.Mahara, 61, has been a committed communist and in politics for the past four decades, starting out as a member of the radical Mashal group and was elected to Parliament from Rolpa at age 32. When a faction of the Communist Party launched an armed struggle, he joined Pushpa Kamal Dahal and Baburam Bhattarai as a senior leader.Known for being close to Dahal, Mahara was dragged into controversy in 2009 after a recording of a phone call he made with a Chinese contact asking for Rs500 million to buy MPs. No investigation was launched, and Mahara was never punished.He played an important role in peace talks to end the war, and served as Finance Minister and Home Minister in successive Maoist-led governments after 2008. As Communication Minister he was once more tied to a scam related to telecom contracts, and even Maoist cadre accused him of siphoning off money meant for ex-guerrillas in Maoist cantonments. Again, there wwas no probe, and it was well established that he had Dahal’s protection.This time, it looks like Dahal and other comrades cannot save Mahara. Public outrage was already growing over non-performance and corruption in the NCP government. The government has been ridiculed in social media for not being able to resolve the rape-murder of Nirmala Panta two years ago.For many the Mahara rape rape allegation is emblematic of the impunity enjoyed by senior politicians in Nepal. The NCP may have no choice this time, but to cut and cut cleanly.

krishna-bahadur-mahara