Parmanand Jha

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Parmanand Jha
परमानन्द झा


Incumbent
Assumed office 
July 23, 2008
President Ram Baran Yadav
Preceded by Office created

Nepal

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Parmanand Jha (Nepali: परमानन्द झा) is the Vice President of Nepal and a former Supreme Court judge. He hails from Mauwaha VDC-1, Saptari District.[1] Jha resigned as a judge in December 2007 after he was not proposed by the Judicial Council as a permanent judge at the apex court, following allegations of involvement in drug smuggling. Later, Jha joined political life becoming a member of the Madhesi Janadhikar Forum.[2] On July 19, 2008, Jha was elected vice-president of Nepal by the Constituent Assembly.[3] He was nominated by the Madhesi Janadhikar Forum.[4] After the election, Jha vowed that he would work in an independent manner, free from party interests.[2]

Contents

[edit] Term of Office

He took his tenure on July 23[5] after Chief Justice Kedar Prasad Giri administered the oath of office and secrecy to the Ram Baran Yadav first president at the presidential palace, Shital Niwas. Prime Minister Girija Prasad Koirala, among others, was also present. Yadav also administered the oath to vice president Parmananda Jha.[6][7].

[edit] Oath in Hindi and Aftermath

He came into controversy after he took the oath of office and secrecy in Hindi[8], which is the mother tongue of less than 1% of the Nepali population[citation needed]. This led to a widespread agitation throughout the country[8][9][10]. The media gave a good coverage to this.[11][12][13] Many news sites and blogs were suddenly filled with comments on this issue. The views expressed in the sites were mixed. While many people expressed that the swearing in was unconstitutional [9], leaders of Jha's party came up with a view that this act was permissible[14].

[edit] Writ Petition against Jha

A writ petition was filed by Bal Krishna Neupane at the apex court claiming that the oath was unconstitutional as it was taken in a language not recognised by the interim constitution[8][15]. In response to this, the Supreme Court on 28 July 2008 asked the government and the Vice President Parmananda Jha to furnish written explanation regarding the oath taken in Hindi[16][17]

[edit] Court order to retake oath

Even after a deadline of 7 days[18], V. P. Jha had been ignoring the court's order for his written clarification [19] but he once expressed regret[20] via a statement clarifying that his taking oath in Hindi language was not to pinch at sentiments of any Nepali citizen[21][22]. After a year long court procedure, the Supreme Court issued order to Vice President Parmananda Jha to take oath of office and secrecy for the second time. The verdict was issued on July 24, 2009 after the court concluded that taking oath in Hindi language is not constitutional as per prevailing laws of Nepal[23].

However, VP Jha has objected to the Supreme Court verdict accusing the court verdict being biased and influenced by conflicting interests. He wanted to decide whether or not to retake the oath after consulting political parties and ‘the people he represents[24].’ Some news sources also reported that VP Jha was speaking in Nepali while he claimed that he 'politically' does not understand Nepali language[25][26].

Even as the Cabinet has urged him to take oath of office and secrecy as per the orders of the Supreme Court, Vice President Parmananda Jha said that he can only consider re-taking oath after all the languages spoken in Nepal 'are given due respect'. The Supreme Court's verdict on the deadline for retaking the oath expired on August 30, 2009.[27]

[edit] VP's position becomes defunct

Paramananda Jha's position as the Vice President has become defunct from 31 August 2009, with his refusal to take oath in Nepali. According to the Supreme Court's verdict, Jha cannot perform any duties in capacity of the VP and is not entitled to special security and privileges given to him as the VP.[28] Jha is now in a situation where he has been elected as the VP by the parliament, but hasn't taken oath. A person elected to public office is not allowed to use national flag in his residence and vehicle and is not entitled to VVIP security until he/she takes oath.

[edit] VP's position reactivated

After six months off duty, Vice President's post was reactivated from February 7, 2010, after he took fresh oath of office and secrecy[29]. It is speculated that there will be no protests against his oath this time as he took the oath both in Nepali and his mother tongue Maithali. Taking oath in mother tongue other than Nepali is permitted after a recent amendment in current Constitution letting President, Vice President, Prime Minister and Ministers to take oath of office and secrecy in their respective mother tongues[30].

[edit] References

  1. ^ Gorkhapatra
  2. ^ a b Nepalnews.com, news from Nepal as it happens
  3. ^ The Himalayan Times: Breaking News, Views, Reviews, Sports, Business, Entertainment from Nepal
  4. ^ eKantipur.com - Nepal's No.1 News Portal
  5. ^ Nepal's 1st president takes oath of office+ - AOL News
  6. ^ thehimalayantimes.com, Yadav Sworn-in as First President of Nepal
  7. ^ .nepalnews.com, President Yadav, VP Jha sworn in
  8. ^ a b c New Nepal VP sued for taking oath in Hindi - The China Post
  9. ^ a b Nepalnews.com, news from Nepal as it happens
  10. ^ eKantipur.com - Nepal's No.1 News Portal
  11. ^ www.kantipuronline.com/kolnews.php?&nid=139067
  12. ^ Nepalnews.com, news from Nepal as it happens
  13. ^ Nepalnews.com, news from Nepal as it happens
  14. ^ Nepalnews.com, news from Nepal as it happens
  15. ^ eKantipur.com - Nepal's No.1 News Portal
  16. ^ Nepalnews.com, news from Nepal as it happens
  17. ^ eKantipur.com - Nepal's No.1 News Portal
  18. ^ eKantipur.com - Nepal's No.1 News Portal
  19. ^ Nepalnews.com, news from Nepal as it happens
  20. ^ The Himalayan Times: Breaking News, Views, Reviews, Sports, Business, Entertainment from Nepal
  21. ^ Nepalnews.com, news from Nepal as it happens
  22. ^ BBCNepali.com | पहिलो पृष्ठ | उपराष्ट्रपतिद्वारा एकता र सदभाव कायम गर्न अपिल
  23. ^ http://www.nepalnews.com/main/index.php/news-archive/2-political/583-sc-orders-vp-jha-to-retake-oath.html
  24. ^ http://www.nepalnews.com/main/index.php/news-archive/2-political/588-vp-jha-objects-to-sc-verdict.html
  25. ^ http://www.zeenews.com/news550184.html
  26. ^ http://www.nepalmountainnews.com/news.php/2009/07/25/vp-jha-spits-venom-against-supreme-court-judges-for-nullifying-oath-taken-in-hindi.html
  27. ^ htt://http://www.nepalnews.com/main/index.php/news-archive/2-political/1173-cabinet-requests-vp-to-take-oath-oath-taking-ceremony-at-4-pm.html
  28. ^ http://www.nepalnews.com/main/index.php/news-archive/2-political/1193-jhas-position-as-vp-defunct-from-today.html
  29. ^ http://www.nepalnews.com/main/index.php/news-archive/2-political/4021-jha-takes-fresh-oath-in-nepali-maithali-to-revive-vp-post.html
  30. ^ http://www.nepalnews.com/main/index.php/news-archive/2-political/4021-jha-takes-fresh-oath-in-nepali-maithali-to-revive-vp-post.html

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