National 5 (Spotlight Weekly)

Lawyers In Politics

Two major traditional rivals Democrat and progressive (Communists) are competing in the forthcoming elections of Nepal Bar Association

By A CORRESONDENT

Although it is just an election of NBA, an apex body of professional lawyers, the candidates of both camps Democratic (Nepali Congress) and the progressive (unified camps of all the communists) are on a whirlwind nationwide tour to woo the voters.

NBA poll campaign : Political color

Yagya Murti Banjade, a long time activist and sympathizer of Nepali Congress, is making every effort to bag the NBA presidency, which they had lost three years ago to the progressives. Advocate Banjade hopes that the voters will choose them this time since only democratic panel can uphold the spirit of rule of law and constitutional practices.

The progressive camp is also very much optimistic to win the elections. Led by advocate Sambhu Thapa, one of the strength of progressive camp is that all the communists are behind them. Advocate Thapa, a well-known lawyer and teacher at Nepal Law Campus, argues that progressive forces can work to protect the human rights.

One of the interesting parts of this election is that the leftist front which is joining in the nationwide agitation with democratic forces has also received the backing of rightist Rastriya Prjatanra Party and regional Nepal Sadbhavana Party. Progressive forces are, therefore, confident that they will defeat democratic forces by a huge margin.

Despite the split at the national level, Nepali Congress and Nepali Congress (Democratic) have filed a common candidate to fight with the leftist forces in the election of NBA. Democratic sides, too, are confident that their unity has sent a positive message to their voters.

Although both the candidates have expressed their opinion that they will place NBA as a professional organization, the question remains how can they uphold the professionalism when both of them are seeking the support from lawyers affiliated to political parties. “I hold the view that Nepal Bar Association should be the institution of professional lawyers,” said Yagya Murti Banjade. “I am one hundred percent committed that the NBA should be the institution of professionals,” said Sambhu Thapa.

According to the elections committee of Nepal Bar Association, the election will be held on January 10 when more than 5,000 voters from all the 75 districts will cast their votes.

At a time when general elections have not been held due to violence, the lawyers are campaigning throughout the country for their Bar elections. Some lawyers, who want to be identified as professional lawyers, hold the view that this is like party elections. According to them, political parties nominate the candidates for the elections at the Bar.

The campaign of the last one month has also clearly vindicated the charges made by the professional lawyers. To convince the voters, the whole party mechanism has been activated.

For the candidates, they have to address the members from east to west. According to an estimate, a candidate has to spend at least Rs.1 million in the elections campaign.

“Since we lawyers are politically sensitive groups, our elections should have political leaning. Once we win the elections, we will unite again for the cause of democracy and human rights,” said a lawyer.

In the last one year, this is the second nationwide election of professional organizations. The Federation of Nepalese Chamber of Commerce and Industry (FNCCI) also had held its elections in July 2003.

Some are worried that the elections of the NBA is turning out like that of trade unions. There are also reports of violence as a group of lawyers manhandled senior lawyer and a member of Nepal Bar Elections organizing committee Sarbagya Ratna Tuladhar charging that he favored progressive candidates.

An advocate Ram Prasad Bhattarai in a spoof he wrote for Kanoon, a bi-monthly lawyers magazine, said that Nepal Bar Association has now turned into Nepal War Association - indicating that it has been converted into a political battle-field rather than a professional organization.

Former president of Nepal Bar Association and advocate Harihar Dahal, too, is worried about the growing role of non-professional lawyers in the elections of Bar saying that persons who hardly attend the petitions are taking up decisive roles.