— RADHESHYAM ADHIKARY
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RADHESHYAM ADHIKARY, a member of the National Assembly and former president of the Nepal Bar Association, pleaded the case on behalf of the petitioners. Adhikary, a Nepali Congress member, spoke to SPOTLIGHT on the consequences of the Supreme Court verdict.
How do you see the political scenario after the Supreme Court verdict?
It is very crucial that elections should be held on time. If we cannot hold the elections, there is a possibility of a political vacuum and constitutional breakdown. So there must be elections.
What is the possibility of unity in the Nepali Congress?
Political negotiations are going on. Since the division in the Nepali Congress is like a division in the family, there can be unity at any moment.
What prompts you to hold such views?
The party has not split on an ideological basis. Nor has it split on the basis of principles. Our division is based purely on personal differences. So there always is the possibility of unification.
Who will benefit from the division in your party?
Generally speaking, the Congress split will benefit the united communist. In the present extraordinary situation, however, one cannot predict who will benefit.
Are you aware of unity efforts being undertaken by party leaders?
Yes. Some of our friends are making efforts to unite the party. There is no dearth of people ready to take the initiative to unite the party.
What is your reaction to the decision of the apex court?
I cannot speak about the constitutional implications without reading the court’s verdict in full.
KESHAB PRASAD UPADHYAYA
Making History
The chief justice has shown rare qualities of leadership
By KESHAB POUDEL
When Keshav Prasad Upadhyaya was appointed chief justice, no one thought he was destined to pass through very† critical phases of Nepalese history. From narrowly escaping an assassination attempt to chairing the high-level commission to probe the Royal Palace killings to leading the Supreme Court to a unanimous decision to quash petitions seeking the reinstatement of the House of Representatives, Upadhyaya has performed three most important jobs in the last 12 years of democracy with great success.
Upadhyaya : Quality of leadership
Upadhyaya : Quality of leadership
Toward the end of his career, Upadhyaya took a decision that will have long-term implications in the constitutional history of Nepal. His ability to bring all Supreme Court judges into a unanimous decision is a shining story of success in a society bedevilled by dissension.
Upadhyaya will have no shortage of critics, especially among those who were hoping for the reinstatement of the House of Representatives. His quality of leadership, however, will be recorded with prominence in the annals of the Nepalese judiciary. His most important contribution to contemporary Nepal is to have led the way towards putting the political process back on track.
Although some politicians and lawyers have criticized his decision on political grounds, Upadhyaya has taken a very careful course to avoid controversy. The backing of all of his colleagues is his asset and strength. This unanimity will also help to strengthen the institutional capability of the apex court.
In all three events, Chief Justice Upadhyaya did not show any sign of tension or exhaustion. Moments after emerging unhurt from a Maoist ambush near Surkhet in 2001, Upadhyaya stood up† as if he was coming out of normal consultations.
Last year, when the country was plunged into turmoil following the killings at the Royal Palace, Upadhyaya led a high-level probe team and brought out a reasonably credible report to pacify the mood of the masses, protect the tradition and values of the institution of monarchy to bring normalcy to the country.
His latest success in convincing all 10 judges of the bench and coming out with an almost-unanimous decision to quash the petitions demanding the reinstatement of the House of Representatives mirrors his skills as a team leader.
In the four dissolution cases that have reach the court over the last nine years, Upadhyaya is the first chief justice to have secured support from all his colleagues. “This indicates his managerial skills and quality to work with their colleagues,” said a lawyer.
In the first petition filed against the dissolution order by then-prime minister Girija Prasad Koirala, eight judges ruled in favor of quashing the petition while three issued an order to reinstate the house.
In the second petition filed in 1995 against the dissolution order by then-prime minister Manmohan Adhikary, the judges were similarly divided. Eight judges, including chief justice Biswonath Upadhyaya, ordered the reinstatement of the house and while three judges quashed the petition. In the 1997, when King Birendra sought the opinion of the court, five judges advised the monarch to call the special session of the House of Representatives instead of accepting the dissolution recommendation of then-prime minister Surya Bahadur Thapa.
Upadhyaya, who did his LLM from the United Kingdom, has always avoided confrontation and controversy and has focused on the merits of the issue. In his recent historic decision, Chief Justice Upadhyaya has provided a philosophical defense of the right of prime minister to call fresh elections. This decision has settled the seven-year-old disputed over the right of the prime minister.
Born in Siraha district, Upadhyaya is known for both his humbleness and friendliness. These attributes may explain how he was able to convince his colleagues on the bench. Among the five Supreme Court chief justices since the restoration of democracy – the other four being Bishwanath Upadhyaya, Trilok Pratap Rana, Om Bhakta Shrestha and Mohan Raj Sharma – Upadhyaya is the only person who has receive the unanimous backing of his colleagues. In a society that stands badly divided, this unanimity serves as a beacon of hope.