National 1 (Spotlight Weekly)

Right to Live With Dignity

Senior democratic fighter Girija Prasad Koirala appears before the apex court in defense of freedom of speech and expression

By KESHAB POUDEL

Nepali Congress (NC) president and former prime minister Koirala arrived at the premises of Supreme Court at about 2 pm on Monday. But unlike previous times, thousands of his sympathizers, relatively calm and disciplined, came there to defend the Constitution of Kingdom of Nepal backing the constitutional stand taken by the octogenarian leader.

The crowd was expected as summoning politicians like Koirala, who has more than five decade long history of struggle against the tyranny of any kind, at the apex court and his decision to appear before the court was itself an important milestone of history of rule of law and democratization of Nepal.

"This is for the first time in my political career when I appeared before the court to defend the freedom of expression of the citizen of Nepal," said former prime minister Koirala. "This is test case for me and the court as well."

Koirala at Court : Surrounded by supporters

At a time when a political force is launching the violent insurgency demanding to scrap the present constitution and the ruling four parties, who are also talking about scrapping the constitution, Koirala, a staunch follower of national reconciliation propounded by his brother B.P. Koirala, decided to defend it in the court with a demand to activate it.

Although he has many foes and there are only few buyers of his idea, Koirala's commitment to liberal democracy is unchallenged and there are no political leaders who have similar faith towards the democratic process and the present constitution.

Whether in street or court, Koirala has been demanding the right to live with dignity. "I am concerned about my dignity. If someone spoils my dignity accusing me on subjective charges, who can compensate my dignity later," said Koirala. "I don't want to sacrifice and compromise at the cost of my dignity. I am ready to face any kind of punishment for my dignity."

The CPN-UML leaders former Prime Minister Manmohan Adhikary, former Deputy PM Madhav Kumar Nepal, Law Minister Subas Chandra Nembang, editor of Drishti and the present Labor Minister Raghuji Panta and others who also faced the contempt charges in the past were permitted to submit reply through their power of attorneys.

However, a bench of the apex court presided by justice Bhairav Prasad Lamsal, who also happens to be the chairman of controversial Judicial Commission for Investigation of Property (JCIP), preferred not to grant the same liberty to 82-year-old Koirala - who has championed liberal democracy and contributed to establish a fully independent judiciary through the present constitution. Koirala was, instead, asked to appear in person.

Those men, who oppose Koirala and his moves, condemned Koirala. In the past when his followers were burning the tires and vandalizing the street, there were only a few to speak out against his actions. This time when Koirala chose a constitutional way and asked his followers to demonstrate in a peaceful manner, there was no one to appreciate it. Whether one likes it or not, the reality is that Koirala is a popular leader with a large following.

Koirala has correctly raised and replied the issues involving the fundamental rights of freedom of speech and expression and the contempt of court of power. (See Page 12 and 13 for the full text of Koirala's written reply to Supreme Court).

Koirala had a choice not to respond to the court notice and face the consequence. But to show respect and honor to the court, he decided to appear in person before the court and raise the fundamental issues putting to test, once again, the wisdom of the court.

Since his first agitation in a labor movement back in 1948, Congress leader Koirala has never looked back as far as defending the freedom of expression and speech is concerned.

One of the tragedies of the present state of politics is that two forces - monarchy and liberal democratic forces who have common interest in protecting the constitution of the Kingdom of Nepal - are fighting each other. The mystery is that King Gyanendra who is upholding the Constitution and Congress leader Koirala who is struggling to protect the constitution are fighting against each other.

Led by senior advocate and eminent constitutional lawyer Ganesh Raj Sharma - who had also pleaded two cases on freedom of expression and speech as a lead lawyer in the case of late Dr. K. I. Singh and late Manmohan Adhikary in the past - other senior lawyers like Motikazi Sthapit, eminent constitutional lawyer Kushum Shrestha, former attorney general Badri Bahadur Karki, advocate Radheshayam Adhikary and Harihar Dahal are pleading the case on behalf of Koirala.