NATIONAL 2 (Spotlight Weekly)]

Irrational Act

The targeting of the chief justice exposes the desperation of the Maoist rebels -- and a grand design of destabilization

By BHAGIRATH YOGI

Little did the convoy accompanying Chief Justice of the Supreme Court, Keshav Prasad Upadhyay, sense that they would be greeted with bombs and bullets nearly 20 km ahead of Birendranagar, regional headquarters of the Maoist-hit mid-western region on Saturday (February 3). As the pipe and socket bombs hidden along the road started to explode, the security personnel accompanying the CJ sensed that they had fallen victim to the Maoists ambush. They managed to escort Upadhyay to safety. But six persons, including the Registrar at the Appellate Court at Surkhet Baldev Dhital and five security personnel, fell victim to the bullets of the Maoist rebels.

Even in the war-torn countries around the world, rebels seldom target and hit the chief of the judiciary. Reason is not followed in Nepal. What is followed is a dusty trail where revenge and unwarranted bloodshed becomes the rule rather than the exception.

Chief Justice Upadhyaya : Miraculous escape

Top government officials were planning to counter the rebels who reportedly were preparing to celebrate the completion of five years of their ëpeople's war' in a ëbig manner.' But it was perhaps beyond their imagination that they would hit a soft and sensitive target like chief justice. "This is a barbaric act and an attack against democracy," said Deputy Prime Minister and Home Minister Ram Chandra Poudel. The Council of Ministers, in its special meeting, on Sunday, condemned the attack and said attacks were part of a serious conspiracy against the country's multi-party democracy.

Prime Minister Girija Prasad Koirala condemned the attack and said it was an attack against the monarchy as it was a symbol of national unity and independent judiciary.

The government formed a high-level inquiry committee, led by former justice at the Supreme Court Narendra B. Neupane, to probe into the incident and furnish its report within 15 days.

Surviving a near-fatal attack upon his life, Chief Justice Keshav P. Upadhyay told reporters in Butwal Sunday that he was not perturbed at all by the violent attacks made on him. He, however, said he was deeply grieved by the death of his security personnel and a senior judicial officer during the attacks. "Perhaps, I need to work more for the people that's why I am still alive," said Upadhyay in a philosophical way. His colleague and Judge at the Appellate Court at Surkhet , Purushottam Parajuli, who also survived the attacks, said it was like a terrorist and savage act. "The way they attacked at our convoy showed that they wanted more than murdering the chief justice," said Parajuli while undergoing treatment at Bir hospital.

Analysts say the act may have come out of desperation among the Maoist rebels who seem to be threatened by the setting up of the Armed Police Force (APF), which the government wants to mobilize against the rebels. The attack, which came within a week of a renewed call by general secretary of the Maoist party, Comrade Prachanda, that his party was ready for talks with the government, provided it fulfilled their demands. The demands by the underground party include making public whereabouts of the Maoist activists and leaders arrested by the police and those who have gone disappeared from police custody.

By targeting the chief of a constitutional body, the Maoists may have exhibited their militant skills, but politically it is going to backfire them. "There is a difference between (fighting for) a republic and anarchy," wrote Kantipur daily, in its editorial.

The Maoists tried to control the damage after seeing that their ëinsensible attack' had only supported the government's allegations against them. Three days after the deadly attacks on Chief Justice Keshav P. Upadhyay and members of his team in mid-western district of Surkhet, the CPN (Maoist) party has accepted responsibility for the attacks. In a statement issued Monday, Comrade Diwakar, chief of the western regional bureau of the underground party, said his party was ësurprised' to find that the chief justice happened to be "amidst the action of their guerrillas." "Our party said it did not have any plan or program to attack the chief justice," Diwakar clarified. "We will conduct an investigation into the incident and make public its findings." The statement said it was mysterious that the visit of such an honorary person in sensitive regions was made without any public notice.

By announcing formation of "people's government" in some of their strongholds in mid-western Nepal the Maoists are believed to be preparing to set up what they call `base areas.' In such areas, they run parallel administration. The government, on its part, seems to be keen to isolate the Maoists from the people and strengthen its security apparatus. "We will launch the development programs in an integrated way with adequate security measures," said DPM Poudel. As the government and rebels come face-to-face more bloodshed is likely in the Nepalese hills.

"Trends are not very good," said Tapan Bose, general secretary of South Asian Forum for Human Rights. "It seems all the mistakes committed in India are being repeated here." In the seventies, Mrs. Indira Gandhi had crushed the Maoist ëpeople's war,' popularly known as ëNaxalite Movement' in West Bengal. More than 30,000 Maoist rebels were killed but the movement is still there in one form or the other. "Such a conflict can't be resolved militarily. You can only control it," said Bose. "In reconciliation, both parties have to agree to listen to the other and compromise."

Unfortunately, amidst dastardly acts like targeting the chief of an independent judiciary, chances of reconciliation, if any, look far-fetched.