The decision of the Sher Bahadur Deuba-led caretaker government has come under fire from his party’s rank and file.

Both the general secretaries of Nepali Congress Gagan Thapa and Bishwa Prakash Sharma have objected to the decision of the government to issue an ordinance to revise the criminal code clearing legal hurdles to grant amnesty to anyone convicted of heinous crimes.

Taking to social media on Thursday, Thapa said the government should immediately withdraw the ordinance.

Supporting the statement on the ordinance by another general secretary Sharma, Thapa clarified that his party can’t back the government’s move.

“The view expressed by general secretary Sharma on the decision of the government to issue the ordinance is thoroughly correct. It’s not our view only, but of the Nepali Congress as the party in the past had decided that issuing ordinance in such a way (snubbing the parliament) is wrong,” Thapa said.

General Secretary Sharma had objected to the government decision within hours after a cabinet meeting on Sunday decided to issue the ordinance.

Thapa said that there have been neither discussions nor any decision taken within the party regarding the ordinance. “Thus the party’s stance in this connection remains unchanged. The party can’t take responsibility for the government’s faulty decision,” Thapa added.

Thapa says the ordinance is wrong on legal, political and moral grounds. “It is unconstitutional, undemocratic and against the spirit of the parliamentary system. The caretaker government can’t decide on matters having long-lasting implications. This government does not have legal and constitutional status to issue an ordinance,” said Thapa.

He said that the new parliament could formulate a law, if necessary.

“The government cannot withdraw cases that are sub-judice in the court. The new parliament can formulate law and take the process forward if it considers it as a political issue. The government should immediately withdraw the ordinance as it has interfered with the jurisdiction of the court and the parliament.”

A Cabinet meeting on Sunday decided to issue such an ordinance to give amnesty, particularly to Resham Chaudhary, who is serving a life term in connection to the Tikapur carnage of August 2015. The Kailali district court in March 2019 convicted Chaudhary of masterminding the incident in which eight people including a toddler were killed. The Dipayal High court in December 2020 upheld the district court’s decision.

Sharma criticised Prime Minister Sher Bahadur Deuba for the decision. “It is wrong in all sense to issue an ordinance at a time of transition and that too without holding any discussion in the party and among parties,” Sharma wrote on Twitter on Sunday evening. He said the action of the government will raise not only political but legal and moral questions also.

Meanwhile, another Congress leader Pradip Poudel criticised the government’s move to issue the ordinance.

“The ordinance was wrong yesterday and today as well. How can we sense a difference if the tendency of the past continues? Let’s find a proper solution to all the issues through the newly-elected parliament, not through an ordinance issued in a haste.”