The first Chief Justice of Nepal who was brought from India

Poush 12, 2081

Ghanashyam Khadka

The first Chief Justice of Nepal who was brought from India

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Who is Hardeva Sunar? It is not difficult to easily assume that this man, who is not heard anywhere in the political history of Nepal, must have had a common life. However, in the year 2008, when democracy had just come, a strange case came against this Hardeva.

The title of the case was – Kaminisht Prachar Yo Bhanne (Communist (who) preached that) .

On the pretext of going to Udaipur to build carts, 11 youths from Tamang Basti and many others were made members of the Communist Party by taking a donation of Rs 2 per person. On March 8, 2008, 11 youths were arrested with him.

Two months and three weeks after his arrest, on May 29, 2009, "Gadhi Mauje" made a strange decision to "keep Hardeva in an empty prison" because there is no law on what to punish for communist propaganda. Due to lack of evidence, the remaining eleven were released. Even if there is no law, no one can even imagine that in today's court, the decision that detention and detention is not a punishment. 

However, in Jahanian Rana's regime, there was no need to mention in the law to detain someone, and this kind of 'niyan nisaf' was being done from generation to generation . Well, the royal regime ended on February 7, 2007, but the functioning of the state apparatus remained the same. Therefore, even though there is no law, it has been decided to imprison people. Surprisingly, when Harideva appealed on that unjust verdict  The 'Pailha Phat' (currently high court-like court) of 'Pigri Appeal' upheld the decision of the first court on 1st Baisakh, 2010. 

Then Harideva appealed to the Supreme Court (now the Supreme Court). A single bench of the first Chief Justice of the Supreme Court, Hariprasad Pradhan, heard Harideva's case. Hari Prasad wrote a brief verdict and released Harideva which is as follows:

'Understanding this case submitted by Sadhak Tahvat, it is fair to declare that it is not a crime to punish Hardeva and it is appropriate to appeal. Since Hardeva has been in prison since 22nd of Chaitra 2008 till now, there is no need for any further punishment, so send a letter saying that he will not do such things and leave the prison and send a message to the appeal panel to send this missile to the beginning.

- Hariprasad Pradhan.'

Now the Supreme Court has issued a three-hundred-page long statement explaining the principle of jurisprudence that 'no one will be prosecuted unless it is written in the law' and the international convention of the individual's 'civil and political rights'. The previous two judgments were not only canceled by writing the judgment, but the judge who made such a judgment was also recommended to the Judicial Council for action. However, all these jurisprudential approaches were not developed in Nepal at that time, which was completely isolated from the legal principles of the world.

In this case, the decision made by the Chief Justice Pradhan, even if it seems somewhat inadequate and inconsistent, was a new practice for the society at that time. Because, the main thing was to release Harideva, who was incarcerated, no matter what the decision of the lower court was. Although upholding the old verdict in the same language, by freeing Harideva from prison, Hariprasad gave the impression that the court was standing in favor of independence, which was an unheard of example for the contemporary society. If Hari Prasad was not in the Supreme Court and democracy had not come to the country, the fate of Harideva would have been that of Subba Krishnalal Adhikari who was jailed for 9 years in 1977 on the order of 9 Shri 3 Chandrashamsher for writing 'Corn Cultivation' and died in prison in 1980 . Krishnalal was sentenced to 9 years in prison. But Harideva was imprisoned only for a short period of time.  It is certain that Harideva would have been jailed for life if the sentence had been upheld by the Supreme Court just like the

The first Chief Justice of Nepal who was brought from India

and the appeal. But incidentally, the command of the court was in the hands of Hariprasad Pradhan, a scholar of modern law, who could not even dream of forgetting the jurisprudence that 'no one can be imprisoned for what is written in the law'. 

How did Pradhan become the first Chief Justice?

Hari Prasad Pradhan is the first Chief Justice of Nepal to be appointed after the issuance of the Chief Justice Act, 2008, who was an Indian citizen.

As mentioned in the autobiography of Bisweshwar Prasad Koirala, not a single person was found in the country who was educated and knew the modern legal system . When wondering who would be the right person to rule the court, BP remembered the face of Hari Prasad Pradhan, who was practicing law in Darjeeling. 

BP, who was close to him during his sojourn, knew that Hariprasad was not only knowledgeable about the modern legal system of the world, but also had the sincere skills to apply it.  It must be because of this erudition of Pradhan, the then Home Minister BP Koirala threw Pradhan out of India by amending the Chief Court Act of 2008. On his request, King Tribhuvan appointed Pradhan as Chief Justice on July 7, 2008.

On 1st July 1997, Mr. 3 Juddhashamsher issued a Sanad with the intention of establishing the Chief Court to be separate from the Executive. It was the first attempt in the legal history of Nepal to separate the judiciary from the executive. According to an old document found in the Supreme Court, the reason for its establishment is mentioned in the Charter of the Supreme Court. is . 

It is mentioned in the Sanad that the Chief Court had to be opened because Gowda Goshwara, in the district, was looking at and deciding the case, and while doing the work of peace and security and settlement, "he could not focus on the case due to obstacles". It is also mentioned in the Sanad that due to the fact that the case is looked at from many levels, there is a situation where the case is not resolved and justice is not obtained due to the fight to win.

As mentioned in the charter, the appeal headquarters were set up in the districts where Gowda Goshwara is located. It is mentioned in the letter written about the establishment of the Supreme Court, "If the first level of appeals were heard in the district case, then Gowda, Gauswara would handle Shresta matters and other administrative work." Raised the post of 'Judge General'. And also made a rule that there should be an election to be appointed. And, Juddhashamsher made his own son Bahadur Shamsher the judge general by 'election'. In addition to that, it was arranged that there will be one Sardar, two Subba and other employees in the Chief Court. 

Jurists claim that Juddhashamsher had mentioned in the Sandam what and what kind of cases the Supreme Court can hear. However, currently Sanad itself has not been found anywhere . However, a long note written about it, which was found in the old documents of the Supreme Court, mentions it in detail -

'The Supreme Court hearing the appeal of Bhardari. Bhardari Appeal (Bench) was dismissed by the Sanad of appointment of the Judge General . According to this provision, it was amended as a matter of urgency: it became the second level appeal hearing station. According to the arrangement after the establishment of the court, the cases that are judged by the Prime Minister's Mukhtyar above the authority of the Bhardari, except for those within the authority which agree with the opinion of the Bhardari, will be appealed to the Supreme Court. According to Bhardari, even if the concerned party submitted a petition and came to complain about the fact that there will be no further appeal, the judge would have given an order to check the justice. In addition, as mentioned above, petitions will be filed in the Supreme Court to take action on the petitions related to the disputes that have been submitted to the Prime Minister and the petitions that will be filed from now on. Another work of this section was added in the year 2007.'

In an event organized in India, Law Minister of India Biswas, Hari Prasad Pradhan with Chief Justice Patanjali Shastri. Photo: Supreme Court

The first Chief Justice of Nepal who was brought from India

Until then, the branch was tasked with looking at the petitions of the Gurkha platoon jawans who were being processed by the Munsikhana.

In addition, Bhardari and Appellate Offices who inspect the premises can report to the Supreme Court if they find illegal activities while inspecting the premises, jails and cages, and the Judge General will "dismiss" them. 

In this way, two types of cases came to the Supreme Court . First, it is alleged that Bhardari's opinion was not included in the appeal decision. And secondly, the matters that are written in the law and the law and charter as 'matters to be reported to the Supreme Court'. 

Thus, while deciding the cases of both cases, there was also a provision that the Judge General should "report to Mr. 3 Maharaj's Highness" in some special cases, which did not allow the independence of the court to be complete. 

These were the issues of affairs to be disclosed – politics, border disputes and the dismissal of high-ranking officials . In army matters, the Judge General should have asked Mr. For five years, Bahadur Shamsher ran the Chief Court according to this Sanad and the provisions made by it. Then in 2002 Jarnel Vasant Shamsher became Judge General. Madanshamsher, Arjunshamsher, Kiranshamsher and Neershamsher were appointed judges. 

At the same time, the charge was canceled . As a result, the second level of appeal above the appellate court was directly taken to the Supreme Court . As a result, the caseload in the Supreme Court increased. And, the number of fields was increased to four. 

Two years later, in 2004, the 'Nepal Government Statutory Law' was issued. This was the first constitution of Nepal. Currently, the ninth year of implementation of the seventh constitution is underway. 

The fifth chapter of the first constitution had provisions on administration of justice . Article 53 of that clause (a) states that "There shall be one Chief Court in Nepal".

The number and appointment of the Chief Justice and Judges is interesting in the second clause, which states, "The Chief Justice of the Supreme Court and 12 other judges will be appointed from time to time by Shri Maharaj." Provisions for the appointment of other judges are also mentioned in the same section. 

Looking at this way, the first constitution seems to have made some different provisions regarding the Supreme Court than the Sanad did. Firstly, the post of Judge General was called Chief Justice from that time. Secondly, a maximum of 12 judges would be permanently appointed. And, if necessary, other judges will be appointed for two years. 

Another important aspect mentioned in the first constitution regarding the court is the salary of the judge and the chief justice . According to Muhai Boli, when the Rana ruler was getting married every year and the salary was decreasing, the salary of the judges was written that "the tabal of the Hini will not decrease as long as there is restoration". This has helped the court to be somewhat independent. However, the right of Mr. 3 to postpone pardon or grant pardon even in the cases where the Supreme Court was convicted and sentenced was kept intact by that constitution. 

The initial idea of ​​making the judiciary independent from the executive branch also changed later. For example, at the appellate level, the chief executive got the right to send the case under the limit of 500 marks to the court. After Mohanshamsher Shri 3, he set up a 'Mamala Niksari' base to appeal the case heard by the Supreme Court. 

Former Chief Justice Nayan Bahadur Khatri's autobiography 'Mera Jeevan Yatra Anubhav and Anubhuti' mentions about the Chief Court during the war period. According to which, after the end of the Rana regime, 'Mamila Niksari' was abolished. And the decision of the Supreme Court will be the final decision. There was no literate manpower in Nepal to manage such an important organ. 

This legacy of the Ranas remained in the court and Koirala got the sheep that belongs to the democracy itself. And, as the Home Minister, he seems to have brought Pradhan to Nepal by revising the legal system that ``a judge must be a Nepali citizen''.

BP's 'autobiography' in that regard is briefly mentioned on page 171 . In the last days of his life, during the tape recording with senior advocate Ganeshraj Sharma, from October 2038 to 9 months, BP said about Pradhan -

"We in the Cabinet decided to establish a Supreme Court". ...that required a Chief Justice . We were not available to us & NBSP;. & Nbsp; I wanted to put Nepali to Nepali & NBSP;. But, no one appropriate for that is not here & Nbsp ;. The name of Kalibabi's name is to make it difficult for the prime minister that the Prime Minister hesitant to embarrass me, and Nbsp ;. Again, Kali Babu did not rely on me and did not rely on his judiciary and nbsp;. & Nbsp; I reject him I immediately & Nbsp;. & Nbsp;

and I who was senare lawyer in which I worked in Darjeeling, I have done - NBSP;. Now, I said, 'I said,' I did not Everyone said, "Haro Prasad is" and NBSP, and the prime minister would have. Reported to her, she came & nbsp;.

to look at his judgments, there was a quite honest man and nbsp;. He was trying to take the judiciary to a good, independent line, and Nbsp ;. Hari Prasad realized by Hari Prasad Pradari, which has been the guardian of the

-Ration-Ruven Citizens of Civil Citizens' Rules and Rule Ruler Ruler Ruler Ruler Ruler Ruler Ruler Ruler Ruler Ruler Ruler Ruler Ruler Ruler is really a strong foundation of freedom of Nepal and nbsp ;. Court courts in South Asian country is more than others defense than others and Nbsp;. Perhaps Har Prasad failed, we did not find that the court stands here today and nbsp;?

सर्वोच्च अदालतले गत वर्षदेखि थालेको न्यायालयको ऐतिहासिकताको अध्ययन अनुसन्धान गराउने कामको नेतृत्व गरिरहेका न्यायाधीश हरिप्रसाद फुयालको विश्लेषणमा नेपालको न्यायालयलाई हरिप्रसाद प्रधानले आधुनिकीकरण गरिदिएका थिए । It also made the judiciary to build a strong organization by remembelling the judgment of the court by disbanding the government's unconstitutional stage. Were & nbsp;. & Nbsp;

, the court does not make the judgment made for the government care for the government. Hari Prasad was after the Principal At the Chief Justice, he began to deal with the decisions of the bankless Council of Ministers. Needing to that outright, Prime Minister Tankp Prasad Acharya also used action against contempt and nbsp;. & Nbsp; Hari-Breaka 'Roads also came to Nepal, "said Judge Fuel, the Prime Minister of the UK, has taken a decision to the argument, the Prime Minister of Reconditions Even though, the order was issued from Home Minister for banning the valley in 2010 after removing the BP minister in 2010 and Nbsp ;. Rits in the Principal Court against that and NBSP;. And, the Principal was not able to take up the authority government to cut the right of the person, and Nbsp;. From the same issue, the practice of judicial repetition in Nepal began to start a situation and nbsp;. & Nbsp; Story-BREAD Pradhani was born in Pradhan-Break in Pradhan Shoy-Breakhi, a bold predicted Chief Unmarried Chief Unorgency, was with Bhaktapur and nbsp;. His granddaughter-in-law Malay Shardhan wrote, "Chardid Prasad Prasad and contribution ';. & ​​Nbsp; While studying Nepal Language University, Others have published research in the process of studying in Tribhuvan University, "says Judge Fuel, Hari Chiant Hari Prasad Common A very new fact in light The six & nbsp;. '

so, Hari Prasad was translated into Nepali, Bhaktarpurkari of Bhaktari. Jhaley & Nbsp ;. More than Jha is diagnosis, he is thinking that the Madhes is original, and NBSP;. But he was Bhaktapi Khanti Newari, whos is the Narror and Nbsp;. & NBSP; When we came to

'BREAK, I was able to research somewhere in the Supreme Court, "knowing about the book I knew about the court of Nepal The first chief stone to contribute and could cause it to bring it to light and bring it to light according to the

book, then at the time of Atikima Grandpa Lakhari, Kathmandu Valley Kathmandu Khankmi arrived from Bhakti, Bhakti, and Nbsp;. Immediate village, the son of Lakshmidas, Ram Krishna Kekhi's wife at Brothest village. Hari Prasad were first piles on 1959 and Nbsp;. & NBSP;

i Hari Pradra Professor Church made in Sikkim and nbsp ;. Picture: Family Story-BREAC Pradhan's family trading the cardamom in Sikkim and NBSP;. When his father was one year old, his father past it and nbsp ;. After becoming seven years old, his studies began in Darjeeling & Nbsp ;. Later, he went to a clue for higher education and studied in Scottish Church College & Nbsp ;. While graduating in humanism, he also mentions the book of the University and Nbsp;. & NBSP; The Scripture was still sending one old employee to Rajan Sapkot in Sikkim, a home in Sikkin and her grandson sitting there, after his grandson lived there, last year after his grandmother. & Nbsp; & NBSP; Dizzling, "Rajan, who had suddenly begun about 50 years," Rajan, who was suddenly inquiring about his grandparents, said, "Rajan began to have a sudden inquiries about 50 years," Rajan has been a sudden inquiries about 50 years. ;. & Nbsp;

'They are some old photos,' says Rajan: Rajan, and delivered him into the highest house, the old house of the Sikkim Government took to another big domestic family The information found out during the Sapkota, and Nbsp; & NBSP; The house of

Hari Prasad Subject to the house and Nbsp ;. Picture: Family

'I have had a photo of Sapkota,' after I got a photo of Saphurapadi, Sapkota, "said SapSP; SAPORY-BREAK-Bargapur Dairapy, Sapkota I also got to see & NBSP;. & Nbsp; The

is still there, 'His sons have passed away,' his sons said, 'His sons were passed and NBSP;.'

is also receiving the

-Statistics Nepal Before arriving, a sharp marble was married with a voter Amritmi Malla, votal-Malla, a 2 son and 1 daughter and was born & Nbsp ;. Due to the Worker's wife, Issue In Acree Research in Pradhan, the Indicates of Adri research on the Indian language and Nbsp;. & NBSP;

is also published in the jerk of Hariparan Dravity to the Journal of the Supreme Blobal History of Last Term. & Nbsp;. & NBSP; Hari Prasad Principle, mentioned in the state-BREAK ', in 176 years, in 1706, the king of Bhutan conquered Sikkim, 1864 Unless the British East India company received by British East Indian, the British East Indian, the British East India's company was running under Bhutan Raj system. Hari Prasad Pradhan plays a large role in the development of Kalimmong. ' Praghan working in Darjeeling Activated by 1994 and Nbsp;. & Nbsp; In

The first Chief Justice of Nepal who was brought from Indiaylng, Pradhan opened the entry of Nepalis for the rights of Nepalis to the mountains and nbsp;.. He later elected the vice president of the Darjeeling municipality and Nbsp;. & Nbsp; Hari Prasad described the joint understanding of the Darjeeling Bengal, which had been different from Darjeeling Bengal, which was raised from the Darjeeling Bengal, which was raised from the Darjeeling Bengali state of the community. & nbsp;. & nbsp; British government had also provided the title of 'Rai Saitab, to the contribution to the Story Darjeeling and Nbsp;. & NBSP;

was also active in Darjebing before coming to Nepal and Nbsp ;. After later, he fought twice a legislating meeting election twice from Darjeeling twice and NBSP; But in both times he got lost with another candidate Dambar Bahadur Gurung and nbsp;. & Nbsp. & Nbsp;

also used to take very much interest in Nepal's politics when active in Chief Darjeeling and politics were being active in Chief Darjeing and politics. Against against the Rana government, he sat at Darzeling and Nbsp ;. As a result, Birage Benarage Wavell arrested him and put him in Aikar prison in India, where his life was in captivity about 10 months and nbsp; & nbsp;

'Different historical articles refused to serve in Nepal,' Nepal's legal journey of democracy and NBSP; . '

COUNTS & NBSP; First Judge Review & Nbsp; who has made the Masonry-Break Rana rule after the end of Santam-Break Rana rule After supporting the house ministry, BP party organization, BP party organizations began to lies? It was not both the government and the king from this work and nbsp ;. Using BP by imposing the government that her brother is accused of a peace process, King Tribhuan and nbsp; I worked from the government to release a chain from the government and nbsp;.. It was written not to reap the four or four or nbsp in it to reap BP in it. The work of the Chief District Officer (CDO), heading to the district court and administrative command to hold the district court and administrative command in

-BREAK-BREAK-BREAK-BREAK Thanchari. In the process of issued by the same magistrate, BP by BP by BP, BP by BP by BP by BP by BP, which he wrote, and NBSP; Rit and defendants are prohibited by the vertition of not being implemented or observed to distort the plaintiff by disbanding or obligators "on the subject, which is the case. The statement that the Magistitra is to submit the statement that the replicated is to submit and the decision of it is not a decision of this procedure from this procedure to the defendants Stopped & nbsp;. Storyjustly formed on

The first Chief Justice of Nepal who was brought from India Ret to form four a member full yarns and nbsp;. The Israelus, three judges were three convinces - Presumatory Jail, & NBSP; Bhairavaj Pantar Upadhyaya and Mahendra Bahadur Mahat, Mahri & Nbsp;. & Nbsp; After the

-BREAK I was deciding to be revived by the high-court case, "NBSP;. & NBSP;

was the case of the judicial repetition, the judicial repetition, & NBSP; The Court of the Country, who controls the Chief Justice from this decision, reached the Reture of the Court to dismiss the Court of the Court of 2010 in January 19;. & Nbsp; Status Editage methods of the Principal Affairs and Pradhan mentioned in 2011 after

in, said that shock for the popularity among the princes, the king and ministers to the popularity among their people It is created that the importance of the importance of being created and Nbsp ;. '

is also a dominant one and NBSP;

'and Nbsp at the administration of any order or decision of the resident of the resident of the resolution. The householder Prasad of the Independent Justice has repeated all the decisions of the constitution and the constitution of the constitution and the king or Nbsp;. King Maharandra camped from Pradhan This year and removed the Supreme Court AC in 2013 and NBSP;. & Nbsp; Hari Prasad in

was this first innings in court & nbsp ;. Even if he did not like Hari Prasad, Nabil Chief Justice, King Mahendra, did not see the, the Mahendra. र नै त, निर्वाचित सरकारलाई अपदस्त गरी २०१७ पुस १ गतेबाट निर्दलीय पञ्चायती शासन सुरु गरेका महेन्द्रले २०१८ मंसिर २९ गते पुनः प्रधानन्यायाधीश बनाए । पहिलो इनिङमा विधिको शासन, संविधानवाद र वैयक्तिक स्वतन्त्रताको रक्षामा हरिप्रसाद प्रधान जति खरो उत्रिन सकेका थिए, निरंकुश पञ्चायती शासन सुरु भएपछिको दोस्रो इनिङमा भने उनी त्यति सक्रिय रहन सकेनन् । एकातिर काम गर्नै नसकिने अवस्था अर्कोतिर बिग्रँदो स्वास्थ्यका कारण उनले ठीक दुई वर्षपछि २०२० मंसिर २९ गते राजीनामा दिए ।

राजीनामा दिएलगत्तै पुस २ गते ६१ वर्षको उमेरमा हरिप्रसादले चोला बदले । पाटनस्थित आफ्नै निवासमा बितेका हरिप्रसादको मृत्युले त्यस बेलाको नेपाललाई कति क्षुब्ध र विह्वल बनाएको थियो भने शङ्खमुलमा उनलाई जलाउनु अघि  अन्तिम संस्कारमा करिब एक हजार मानिसहरू भेला भएका थिए । सफल मानिस उसैलाई भनिन्छ जसले मरेपछि प्रशस्त मलामी पाउँछ भन्ने नेपाली लोक विश्वासलाई मान्ने हो भने हरिप्रसादले एक सफल जीवन बिताए ।

बिहान बेलुका केही बेर बज्ने रेडियो र केही सीमित प्रति छापिने गोरखापत्रबाहेक अहिलेजस्तो सूचना प्रविधिको कुनै साधन उपलब्ध  नभएको त्यो समयमा प्रधानको बिदाइमा त्यति ठूलो संख्यामा मानिस आउनुले के देखाउँछ भने उनले प्रशस्त मात्रामा मलामी कमाएका थिए । 

Ghanashyam

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