Jha defies Supreme Court, fails to turn up at swearing in
Written By
DNA Web Team
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Parmananda Jha, who was asked to take a fresh oath by this evening, did not attend a ceremony at the President's Office.
Nepal's embattled vice president today boycotted an oath taking ceremony scheduled by the government, defying a week-long deadline set by the Supreme Court to take a fresh oath of office in Nepali language, plunging the country into a constitutional crisis.
Parmananda Jha, who was asked to take a fresh oath by this evening, did not attend a ceremony at the President's Office where prime minister Madhav Kumar Nepal and Constituent Assembly chairman Subas Nemwang, among others had gathered.
Jha, 65, failed to turn up, even as the seven-day deadline set by the SC ended today. The dignatories left after waiting for Jha for some time.
Jha, an ethnic Madhesi and a former judge from southern Terai region bordering India, had courted controversy last year after he took the oath of office in Hindi.
Jha's action leaves the vice presidential office in limbo as though he would cease to function as the VP, his post can be vacated only by a Parliamentary impeachment motion.
A defiant Jha earlier challenged the apex court's directive calling it "unconstitutional" while one of his aides indicated he was going on leave for an indefinite period.
He told newsmen earlier in the day he would consider taking a fresh oath only if the government and the Parliament endorse an amendment bill, under consideration in Parliament, granting recognition to all languages spoken in Nepal.
There was no immediate reaction from the government or the Supreme Court.
"The court's order to re-take oath of office is wrong and unconstitutional as I have already taken oath of office last year in the presence of president, then prime minister, Supreme Court chief justice... I have signed in the format of the oath of office written in Nepali language," he said reading from a statement at a crowded press conference.
The SC verdict had left Jha with two options, either resign from his post or re-take oath in Nepali.
Neither did Jha resign, nor did he attend a fresh oath-taking ceremony, with an aide indicating that he would go on a leave from tomorrow and would not avail the facilities given by the government.
As the deadline for the SC ruling expired today, all facilities enjoyed by the vice president are to be withdrawn.
An appeal for review of the court's ruling is already registered at the Supreme Court by Jha, the date of hearing for which is not yet decided.
At least six districts of Terai -- Morang, Sunsari, Siraha, Mahottari, Dhanusha, Nawalparasi -- have been closed since yesterday to protest the Supreme Court's verdict nullifying vice president's oath taken last year.
There have been almost daily demonstrations by workers of Madhesi political parties to express solidarity with Jha.
Jha also pointed out in his statement that Nepal is a multi-ethnic, multi-racial, multi-cultural and multi-lingual country, as mentioned in the Interim Constitution, which also guarantees that no discrimination will be made on the basis of any language or ideology.
"I want real republic be established in Nepal, where there shall be no discrimination on the basis of language, culture, ethnicity and region and all the mother tongues will get due recognition and respect," Jha said.
Commenting on the development, senior Supreme Court lawyer Dinesh Tripathi said though Jha has defied the court's ruling, his position will not be vacated by the act.
"The vice president chose a political path to defy the court's verdict and it has created an awkward situation," he observed.
While the court cannot vacate the elected post, but since he has not taken the oath as defined by the court, he cannot function as a vice president.
If the Parliament passes a motion for impeachment by two-third majority votes, only then can he be removed from the position, the lawyer said, pointing out that the VP's post is now in limbo.
Parmananda Jha, who was asked to take a fresh oath by this evening, did not attend a ceremony at the President's Office where prime minister Madhav Kumar Nepal and Constituent Assembly chairman Subas Nemwang, among others had gathered.
Jha, 65, failed to turn up, even as the seven-day deadline set by the SC ended today. The dignatories left after waiting for Jha for some time.
Jha, an ethnic Madhesi and a former judge from southern Terai region bordering India, had courted controversy last year after he took the oath of office in Hindi.
Jha's action leaves the vice presidential office in limbo as though he would cease to function as the VP, his post can be vacated only by a Parliamentary impeachment motion.
A defiant Jha earlier challenged the apex court's directive calling it "unconstitutional" while one of his aides indicated he was going on leave for an indefinite period.
He told newsmen earlier in the day he would consider taking a fresh oath only if the government and the Parliament endorse an amendment bill, under consideration in Parliament, granting recognition to all languages spoken in Nepal.
There was no immediate reaction from the government or the Supreme Court.
"The court's order to re-take oath of office is wrong and unconstitutional as I have already taken oath of office last year in the presence of president, then prime minister, Supreme Court chief justice... I have signed in the format of the oath of office written in Nepali language," he said reading from a statement at a crowded press conference.
The SC verdict had left Jha with two options, either resign from his post or re-take oath in Nepali.
Neither did Jha resign, nor did he attend a fresh oath-taking ceremony, with an aide indicating that he would go on a leave from tomorrow and would not avail the facilities given by the government.
As the deadline for the SC ruling expired today, all facilities enjoyed by the vice president are to be withdrawn.
An appeal for review of the court's ruling is already registered at the Supreme Court by Jha, the date of hearing for which is not yet decided.
At least six districts of Terai -- Morang, Sunsari, Siraha, Mahottari, Dhanusha, Nawalparasi -- have been closed since yesterday to protest the Supreme Court's verdict nullifying vice president's oath taken last year.
There have been almost daily demonstrations by workers of Madhesi political parties to express solidarity with Jha.
Jha also pointed out in his statement that Nepal is a multi-ethnic, multi-racial, multi-cultural and multi-lingual country, as mentioned in the Interim Constitution, which also guarantees that no discrimination will be made on the basis of any language or ideology.
"I want real republic be established in Nepal, where there shall be no discrimination on the basis of language, culture, ethnicity and region and all the mother tongues will get due recognition and respect," Jha said.
Commenting on the development, senior Supreme Court lawyer Dinesh Tripathi said though Jha has defied the court's ruling, his position will not be vacated by the act.
"The vice president chose a political path to defy the court's verdict and it has created an awkward situation," he observed.
While the court cannot vacate the elected post, but since he has not taken the oath as defined by the court, he cannot function as a vice president.
If the Parliament passes a motion for impeachment by two-third majority votes, only then can he be removed from the position, the lawyer said, pointing out that the VP's post is now in limbo.