By Achyut Wagle

 A  former bureaucrat Lokman Singh Karki proved stronger than the state itself. His appointment process to the post of the Chief Commissioner of the Commission for the Investigation of Abuse of Authority (CIAA) waded through in a rocket pace. Every decision maker involved in the process, interestingly, is expressing simultaneously awe and utter dislike both, at least for public consumption. Such decision maker shamelessly accepts that he had an unavoidable ‘compulsion’ to make it through.

Despite this, how could Karki’s appointment became possible is by now an over-debated issue. But what is less debated is its implication to the future course of Nepali politics. Karki’s appointment is a sort of climax of double crosses in Nepali politics.

The man well-know by now in Nepali politics for his double crossing is none other than the UCPN (Maoist) President Puspa Kamal Dahal. Karki’s appointment is the outcome of his first among such planned double crossings, albeit a decade old. When Dahal had planned to forge an alliance with King Gyanendra Shah to come into political mainstream, putting all other political forces at bay, Karki was the main interlocutors between the King and Dahal. The informal veins suggest that Dahal had promised Shah to give ‘some ceremonial space’ in the affairs of the State. Shah had reciprocated Dahal in much favourable tone. It is only Karki besides these two, who knows what exactly went between Shah and Dahal. If exposed all these details, Dahal’s rainbow-colored political dreams would turn into grey in no time.

However, later on both Shah and Dahal double crossed each other. Gyanendra chose to take the reins of the executive functions of the state and Dahal chose to align with other proverbial seven parties to initiate the ‘third’ jana-andolan. Shah faced loss out of this double crossing much earlier by losing the throne, and Dahal’s decline perhaps speeds up with Karki’s appointment. Fate, however, is foregone that Dahal will be rendered powerless ‘extra’ if he continues to act as a double-faced sphinx, repeatedly.

There may be many more dimensions to analyse Karki’s appointment, but three among them would be crucial vis-a-vis the contemporary Nepali context-- 1) Upcoming elections and outcomes, 2) End of political transition and constitution writing and, 3) Future of governance.

Upcoming elections and outcomes

By appointing Karki to his highly dreamt post, Dahal has won half of the battle. It is not difficult to guess that Karki has promised Dahal, and may be other heads of the political parties too, that he would arrange any support they required in these elections, if he got the position. But, recent public statements by Nepali Congress President Sushil Koirala and UML Chairman Jhalanath Khanal -- that recommending Karki was a mistake -- have greatly pleased Dahal. The foolishness of NC and UML after consensually agreeing to appoint Karki on the one hand and Dahal publicly taking ‘ownership’ of that decision on the other have made things easier for Karki as well, who can now focus on keeping a single boss happy.

In fact, Karki has already begun his calculated moves assertively. His first choice to look into some eight hundred files of the private sector firms who allegedly evaded tax surely hasn’t come out of whim. Neither has it come as an honest bid of controlling corruption. It is well understood that these firms of large size could easily be milked for funds just putting them under duress of potential CIAA actions, any moment. The likely extent of distortionary and discretionary actions that the business people who do not cooperate according to the wish of the new CIAA chief, may have to face is understood well by those who know Karki for long.

In normal analysis, a CIAA chief being able to alter the elections results sounds too flimsy. But, expectations from Dahal are pretty high to this very end. Karki is now thought to be instrumental in transfers of police and chief district officers and appointing polling officers in a way that suits to Dahal’s aspirations. Karki now has a much needed whip to turn a recalcitrant civil servant to an obedient one.

But, in very short time, one aspect has really back-fired for Dahal. The confidence he claimed to have earned from his recent Delhi visit has been diluted by the fact that Karki’s appointment was publicized as forced by New Delhi and, therefore, everyone from the Supreme Court, the care taker government to the President were compelled to act fast in Karki’s favour. It was unnecessary. Undoubtedly, India exerts both healthy and unhealthy pressures in so many aspects of Nepal, but it may not be the case this time around. Karki may have some friends in Delhi, but there is no reason why India should choose Karki over anyone else. And it was Karki who was viewed as untrustworthy by New Delhi when he was in power in the past. The truth remains, it was Dahal who wanted him all along and defamed Delhi as it was highly unpopular decision to claim instant ownership.

For NC and UML, Karki’s appointment should have been blessing in disguise to win over the voters in the coming elections (supposing that they will be held sometime in future) against the UCPN (Maoist). But, first they were cleverly camouflaged by Dahal to agree on Karki and secondly, they don’t have any guts and spine to stand firmly against the Dahal machinations.

Also, there is some logic in the apprehension that Karki’s appointment may make polls at all impossible. Because, this could be the first major crack in the four party High-level Mechanism. And, correction on Karki’s appointment is not as easy as suggested by the President, after appointing him against the public expectation. The only possible way to remove him is parliamentary impeachment, but there is no parliament in existence now. As suspected, if he turns out to be a Gyanendra implant, he will try to do everything possible to serve his old rather than new master.

Another great paradox has been the street protests by the student unions affiliated to NC and UML. Instead of protesting against their own party leaders who agreed to appoint Karki, these unions are blocking roads and making public life difficult. Every leader is now talking about the irresistible pressure one had to bear, but not divulging the source of the pressure. This truly reminds old pachayat days where every decision used to be taken as the wish of ‘above’, nobody knew exactly where. But decisions then were swiftly taken.

Political transition and constitution writing

Karki may be a single individual. But his appointment is likely to have serious ramifications in the transitional politics of Nepal. A few key components for lasting peace like formation of Truth and Reconciliation Commission and investigation into the human rights abuses that had taken place during conflicts are summarily put to an end by this appointment. When all political parties jointly recommended the person thought to be at the centre of the oppressive regime to be appointed as the chief of a major constitutional body, all these propositions simply become irrelevant. This implicitly also means that our transitional politics has great chances of embroiling into prolonged anarchy without first defining who is a predator or defender of freedom.

As such, the constitution writing process is unlikely to be smooth without properly healing the wounds of conflict, inflicted in the form of killing, torture, disappearance and confiscation of private property. Even if any draft of constitution is made without addressing these key issues, this will not even be mere functional, let alone democratic and federal in character.

Future of governance

CIAA has been one institution that is deeply hated by all existing political leaders but wanted by the people to function. The answer of why is pretty self-explanatory. That is the reason why these leaders for long searched a person who can actually bring it down to ashes so that the fear of ever going to jail for amassing disproportionate property goes off forever. That is why perhaps Karki was a unanimous candidate. When the constitutional bodies like CIAA start to act for other purposes than controlling corruption, it will have effect both on justice delivery system and bureaucracy, as seen in the recent past.

There was a time when Nepal was only 90th in the list of countries while counting from least to most corrupt, now it is around at 140th out of 210 countries in Transparency International index. If Karki can regain for Nepal the same old position in this Index, his appointment will only be justified and all the present criticisms will prove unsubstantiated. Let’s hope, this happens.

( The writer is a senior columnist, based in UK for his doctoral research, and former editor of Aarthik Abhiyan National Daily.)