US embassy cable - 02KATHMANDU1515

UNCLAS KATHMANDU 001515 
 
SIPDIS 
 
SENSITIVE 
 
LONDON FOR POL/RIEDEL 
 
E.O. 12958: N/A 
TAGS: PGOV, EAID, PINR, NP, Government of Nepal (GON) 
SUBJECT: Supreme Court Ruling Allows Dissolution of 
Parliament to Stand, Elections to Proceed 
 
REF: A) Kathmandu 1146, B) Kathmandu 1005, C) Kathmandu 
 
740 (NOTAL) 
 
1. (SBU) Summary.  On August 6, Nepal's Supreme Court 
threw out four petitions challenging the Prime Minister's 
May decision to dissolve Parliament.  The court's decision 
cleared the way for national elections to be held later 
this year.  End Summary. 
 
Supreme Court Denies Request to Reinstate Parliament 
--------------------------------------------- ------- 
 
2. (U) Nepal's Supreme Court on August 6 unanimously 
dismissed four separate petitions challenging the May 22 
dissolution of the Lower House of Parliament (Ref A).  A 
bench made up of eleven of the court's nineteen justices 
reached the decision after more than six weeks of 
deliberations.  The plaintiffs had included 56 Nepali 
Congress Party Members of Parliament (MPs) aligned with 
former Prime Minister G.P. Koirala, and a group of five 
MPs from a small far-left party. 
 
Precedent Rules 
--------------- 
 
3. (U) In its ruling, the court drew on the precedent it 
set in 1994 when it upheld the decision of then-Prime 
Minister G.P. Koirala to dissolve the lower house.  The 
1994 decision paved the way for new national elections 
later that year.  The court did, however, block subsequent 
attempts to dissolve parliament, under somewhat different 
circumstances, in both 1995 and 1998 (Ref C). 
 
4. (SBU) As related in Ref A, legal experts had agreed 
that this time Prime Minister Deuba stood on firmer legal 
ground than the plaintiffs.  Even so, until the final hour 
most observers were unsure which way the ruling would go. 
Immediately after the decision was announced, one 
prominent journalist commented that the court's strong 
ruling was meant as a signal to dissuade politicians from 
taking their political disputes to the bar. 
 
Journalists Left Outdoors as Decision Released 
--------------------------------------------- - 
 
5. (U) Local Nepali journalists were incensed after 
Supreme Court officials announced August 5 that no members 
of the press would be permitted to attend the session 
where the court's decision was released.  Officials 
initially put off an Embassy request to attend the 
session, but called Poloff only two hours before it began 
to offer him a place.  Most of the seats in the galley 
were taken by court employees.  A few local law students 
were also permitted to attend.  A throng of journalists 
crowded the court grounds, where they could listen to the 
proceedings via loudspeaker. 
 
Legal Path to Elections Clear 
----------------------------- 
 
6. (SBU) The dismissal of the four petitions clears the 
way--legally speaking--for national elections scheduled 
for November this year.  Substantial security, logistic 
and resource constraints remain, however.  Further 
complicating matters, an August 5 meeting of Nepal's 
Cabinet decided to move ahead with preparations to hold 
local elections (for village, city and district level 
posts) within the current fiscal year, which ends July 15, 
2003.  Post, including USAID, will continue working with 
other donors to access Nepal's needs in regard to both the 
national and local elections. 
 
BOGGS