Janakman Shrestha : Who saved BP's life

माघ १६, २०८१

घनश्याम खड्का

Janakman Shrestha : Who saved BP's life

What seems to us to be a matter of life and death now, will later become insignificant in the course of time. And, even later, it ends up sinking into the dark cave of oblivion. However, some such incidents also happen, which even though they are old, their weight and importance do not decrease.

One such incident has happened in the judicial history of Nepal, to understand the importance of which, like in other cases, you don't need to read the letter by letter. The Durbar and the panchayats that were its agents made every effort to execute the first elected Prime Minister of Nepal, Bishweshwar Prasad Koirala (BP) and the respected leader of the Nepali Congress, Ganeshman Singh.

The case was made by setting up a false missile . The chosen judge was brought out and set up a bench in the roof of the palace . However, the chosen judge put everything at stake, but did not let justice die. And, the death penalty case against the leader was dismissed. Because of this, the job of Judge Janakman Shrestha was lost . Thus, under the direct rule of the king, even knowing that anything would happen if he did not obey, the faith of the people did not waver .

Perhaps the most daring judgment in the judicial history of modern Nepal was pronounced by a single bench of Janakman. This was not an ordinary case but a big event that decided where the justice system of the country would go and directed the political direction. However, its information could not be as much as it should have been.

Considering this, Janakaman himself wrote a book about that dark time of Panchayat in his life in the last days of his life - Lost History. Which was published in October 2076 exactly two months before his death. Janakman, who is also the first elected mayor of Nepal, has drawn a clear line to see and understand a period of Nepali history from one point of view by writing down the events he saw and experienced. 

This is how the court of Janakman was formed in the case of BP's death. For that, it was to choose a suitable character. Not seeing that this work could be done by a well-known Supreme Court judge, Makwanpur district judge Janakman Shrestha was chosen for this . However, Janakman was never a raw man of justice as the court thought. This indication can be found from the response and questions raised by the public regarding the efforts and process to bring him to the bench, which is very interesting in itself. 

, after 23 months of VP and Ganeshman being arrested and kept in Sundarijal Jail, at the end of 2033, the palace suddenly sent a police officer to Janakman's quarters to take him to Kathmandu.

  Janakman Shrestha : Who saved BP's life Janakman couple 'Inspector Ambika of Makwanpur district came to my quarter at 6 o'clock in the morning and told me that I have prepared a jeep for you to go to Kathmandu.' 'Why should I go to Kathmandu?' he asked Ambika.

In response, Inspector Ambika said that he did not know anything and told that he had brought a jeep to pick him up the previous evening. 

It's natural for a judge to get flustered when he gets an order to leave early in the morning from a police inspector. But, in that situation, not only fear, but also a fear and a lot of apprehension may have gripped the people. 

Why should I go to Kathmandu immediately? Whose order is this?' Janakman asked the inspector between this message and fear.

His answer was the same – I don't know anything . 

So the inspector came down . The jeep was sitting in front of Janakman's quarters to pick him up. 'Suddenly, the inspector came and got an answer from the magistrate and said, 'It is not my order for the judge to go to Kathmandu, this order is from the Home Minister.' Shahi has ordered the governor . The Magistrate asked the inspector. And, the inspector has reached with a jeep to take the judge . It can be seen from a small wave, who controlled the judiciary in the Panchayat.

This interference in the judiciary was not liked by people who know the law . He said, "I will not leave my area and go to Kathmandu without the order of the honorable Chief Justice, even on the order of the Prime Minister." It is an independent judiciary. Can't go by executive orders. "I don't know" he gave a straight answer, which was very common and necessary but was not appropriate in that environment at that time. 

Janakman has speculated that the inspector may have called the stubborn judge's response to Birgunj and informed the magistrate. The inspector left the jeep under his quarters all day long. The waiting jeep kept giving the public a psychological challenge throughout the day. On top of that, CDO and Rashtriya Panchayat members came to meet him. 

He asked 'what happened husband, I don't know anything and told that I was sitting under the zip office all day,' wrote Janakman,  'They were also surprised.' Late in the evening the telephone is made . Around 11 o'clock in the night, the telephone rang suddenly, which jolted the sleeping population. 

He picked up the telephone . The voice was soft and small. He clearly did not understand and asked - Did you mean 'Bahadur'? Why did you call so late at night?' 

'I Nayan Bahadur Chief Justice spoke, the voice is a little soft (yes) because he spoke through a microwave,' came the answer from there . After that, Janakman told his boss in one breath, from the inspector who came in the morning saying the order of the chief justice to the incident where he was chased by an empty jeep all day long. 

Janakman thought, hearing this, the Chief Justice will naturally be serious. And they will take reasonable steps against the intervention of the executive. But it turned out to be quite the opposite. Chief Justice Nayan Bahadur Khatri hung up the phone after giving a brief signal that the empty jeep would not return, saying, 'Now I have to say that I called.' The silence of the middle of the night fell on Janakman's mind. 

'What happened?' Before hanging up the phone, the Chief Justice informed him, 'Whether to walk now or tomorrow?' It will come till 10:00 am.'

Janakman's sleep had completely disappeared. He kept falling into the conflict of ``go now or early tomorrow morning?'' After trying to sleep, he got down right at midnight and sat in the jeep . In the morning he arrived in Kathmandu .  Janakman Shrestha : Who saved BP's life

Law Secretary Chudamaniraj Malla was an acquaintance of Janakman. From his house Lagan Dalachi, he went to Janakman to the law secretary who lived nearby. He was trying to find out why he was thrown. As soon as he saw the law secretary, he asked that. 

'It felt like he had just woken up, his face was dirty' Janakman's memory of that time is marked like this, 'Don't come to the office now at 10 o'clock, if you know .'

I wish I had gone to the Chief Justice, Janakman returned home thinking that he would have said something. Picked two bales of rice anxiously. And he entered the Ministry of Law at Singhdarbar at around 11 am to meet the Law Secretary.

Photo Courtesy: Bikil installed

The secretary did not say anything, but instead took Janakman to Law Minister Rabindranath Sharma's chamber. Before that, he had no acquaintance and meeting with the Law Minister. Although the meeting is not an acquaintance, Minister Sharma is eagerly waiting for the public. Otherwise, as soon as he reached the working room, when the secretary introduced him as 'He is Judge Janakman', he would not have stood up and said, 'Let's go or not' without saying anything. And he would not even enter the chamber of Home Minister Bhojraj Ghimire directly with him. Bhojraj also did not know Janakaman's visit. 

'Judge Pushparaj Koirala was sitting in front of the home minister's table and seemed to be gossiping, as soon as he saw me, Janakman wrote, 'Law Minister Rabindranath Sharma said, 'The judge has arrived for the special court.' -break Home Minister Bhojraj Ghimire's reaction that 'law is okay' is popular Jashki . And asked, 'Is another special court needed for the case ? Special Judge Pushparaj Koirala is sitting in front of the Kathmandu Special Court Singhdarbar, which hears cases of marijuana, hashish, and drugs. Why do you want me?' Janakman Shrestha : Who saved BP's life The thought that he had been secretly brought to Kathmandu overnight from Hetaunda for the Chief Justice and the Minister made him gasp. 

'Not looking at seniority at the time of promotion and elevating one's own race and people, now deeming Janakman suitable to look at a big and honorable issue?' Why can't the judges who are sitting here in Kathmandu puffing their chests see it?'

In reply, Law Minister Sharma said, 'Don't do unnecessary things, don't show the character of the caste.'

Janakman was true natured. He also reprimanded the law minister who suddenly became reprimanded - who did he talk to? Am I your dittha khardar?'

In the year 2028, after the Rajkaz case law was made, Judge Riddhimanand Bajracharya, who is the brother of Janakpur bomb case and Biratnagar bomb case, watched it. Judge Govinda Bahadur Shrestha looked at the Biratnagar plane hijacking case. He was Janakman's nephew. Now, when BP and Ganeshman were asked to look into the case of death penalty, Janakman once again asked Grihantri - why is it that only one class of people is being given a difficult and unfair case?' There was also a legitimate question of Janakman.  the argument that 'My relationship has fallen, if I could have seen it, I would have seen it'. Pushparaj did . His argument that BP was also Koirala and could not see the case because he was also Koirala caused a public fire . 

'You Koirala of Bhojpur, Koirala of BP Dumja - What is your relationship? No. 30 of court settlement. "There is no internal relationship," he said sternly, "then there is no superior relationship between Ganeshman and Janakman. His question made the Home Minister, Law Minister and Judge Koirala himself angry."

especially when it was suggested that there was a relationship between Janakman and Ganeshman. Ganeshman was the brother of Madhavalal Shrestha, his nephew of Bheda Singh. However, according to the law, since it does not belong to the relationship within the number 30 of the court settlement, it was not possible to see it. Because of the space provided by this small legal loophole, Janakaman could not avoid watching the case . Finally, he accepted the fate of sitting on the bench. However, he immediately announced that justice will be done by his own discretion. 

"It is also my luck, the accused Ganeshman Singh and BP Koirala are also very lucky to hear the case from the hands of a judge like me and to get a verdict." At that moment, he pronounced the decision, "But remember, Minister, you need a death sentence under your leadership." That will not be from my hands.' "Gorkhapatra press kept the composition correct with only the name of the judge left to be filled" The lost history says, "As soon as the press got the news, it printed the gazette and brought it to the Ministry of Home Affairs that Regional Judge Janakman Shrestha has been appointed as the judge of the Bagmati Special Court to hear the corruption cases involving VP and Ganeshman Singh.&nbsp After the

was printed, Home Minister Bhojraj Ghimire made a special arrangement for lunch and allowance What were the only ones trying to hide that they have done it, Janakman Kurlie - I do not want and do not want your lunch and special allowance. 

Why was Janakman chosen?

At that time, Barafbagh was the CID office for spying in Putli Garden complex inside Singha Durbar. On the upper floor of the same house, there was a special court to hear cases related to Rajkaz. And its judge was Janakman . While going there, Janakman's mind was fluttering with the memory of the prediction made long ago by the astrologer Bhuwan Prasad Upadhyay of Ramechhap Balukhop by looking at his chin. What he said is that judicial work is not so important in the horoscope of Janakman. At that time, he thought, the astrologer gave wind gossip . Janakman realized that the astrologer was right when he saw that he was being pushed forward with the intention of getting Netadwaya executed in the Rajkaj case. Because, Janakman had made the decision before sitting on the bench - justice will not die from his hands and no one's life will be taken . 

The public knew the result of doing this. At least he was going to go to his job, and at more, he could have been punished by putting himself on something wronged, and Nbsp ;. When it cares for all this result, we must have played a word of people before the people in mind and Nbsp;. & NBSP;

had already decided not to be sentenced to the death penalty in Chitwan, which was a great decision made during his judgment at the early days of his Judgment Karihar. Long timeays could not be promoted long as the same face. Even after he reached many of his approved court, he could not go more than the Zonal judge and nbsp;. Now, it was clear that they will be healed, it would have been in Janaterbar. There was a single way to save the post - decide to kill the lives of the guner's life according to the will of the court. Were Janakman Also Unpaid & Nbsp ;. It was the only consequences of it was ready to lose a job and nbsp; Been ready to suffer the second consequences before going to Janakman Izlat & Nbsp;. & Nbsp; Santraj Sham Shamest Sochemistry and Gangalal Shrestha was launched in 1997 when he opposed Story Rana rule. So he knew how awesome, cruel and unjust;. & Nbsp;. & Nbsp;. & Nbsp;

an Mamarjej KyMB Kam was Swaba Khadg Kydgg Ghadgi Prasad Shukhki's husband was Sikkhikami's husband. Gangalal was the son of Bhaktalal Shrestha in Janakman Janakh & Nbsp ;. Gangalal had taught Janakman and Nbsp;. The founder of the Communist Patrophlal of Gangalal, was the founder of the Communist Party of Nepal Communist Party and Nbsp ;.. He said Her-Brother Gauriya is not the heartfelt and family of the people, but also the political relationships, but Nbsp.

Pushpalal had also had the secretary of the Jorthandak Provincial Committee of the Communist Party of the Communist Party of the Communist Party of India, Janakman & Nbsp ;. Later, as winning Janakman Party, the winning party has been elected in the local elections of Kathmandu, and Nbsp;. But, after a while, Matrikra Prasad Koirala has imprisoned the Janakman and dismiss the Janaq, and NBSP;. It had Janakman that BP had joined Matika, and Nbsp ;.

in this background that the Congress and the Communiamer of the Congress and Communists are probably a Jewish man's people, it was probably the same. However, the lives of leaders who have learned from Janakan hands that have been put to justice above politics and nbsp; & nbsp;

and started the issue of VP and Ganeshman's issue shortly after the

Special Court was formed and Nbsp ;.. On the first day, Government Management Bhairav ​​Prasad Lamsal said that he promised to speak in front of Janakman before Janakman, and NBSP;. & Nbsp;

started to take a statement with both introduced and nbsp;. People saw the condition of the people that there was a case that even the same leader could not take a statement in one day and nbsp;.. In the beginning, it was standing in the hard war and Nbsp ;. Cancer was a punishment to take the statement in the Grola and the king of the king and to pick up a statement to pick up the statement and nbsp;. Janakman didn't like to punish it & nbsp ;. Then he begs the factor to give a statement to describe the statement and NBSP;?

BP also asked for the table that would be done by sitting and NBSP;. And, the Janakman is immediately immediately Mages & Nbsp;. & Nbsp;

Advocate Great Ganema Sharma was BP, who was his rains and nbsp. His alphaers held Senior Advocate BS, and Nbspa, and Nbsp;. & NBSP;. & NBSP;. & Nbsp; Was the legal provision that the signs of special courts of the pairs of the palace-BREAK Panchayat would be secret that the group's eager. Similarly, no one dared to enter this ejlaw in this Ezela in a Singh Duplicate intelligence background orrawar. Before giving a statement in Ezlawas in the absence of a secretary, BP by Janakman, Janakman has been a political person and the case is also political comraph, they should make political comments on it and NBSP;. It did not agree to the Janakman and NBSP;. Because, because she was falsely falsely false, she was not needed as she was already in her aging. & NBSP;. & Nbsp;

'who will tell you your lecture and do not let me use BP;. & NBSP; You have to get it & Nbsp; 'BP, Bhammakra Prasad Lamsal said:' The order has been ordered from her husband - this political school No & NBSP ;. Unmociates the question, and Nbsp. Finally, 'Well, Six Way Allowed Your Polite Role,' Allowed Your Polite Roles';. & ​​NBSP; Sant-BREAK is in the statement of BP by BP by BP to revolution and its backgrounds and nbsp;... And the election after eight years later, he mentioned that the controversy has increased with the king to increase the controversy with the king. Because of this, he was tipped in the statement of Mahahendra, 2017, took his elected government and handed from Parliament. Then he also put the fact that he was tightened and nbsp;. & Nbsp;

'was attending my brother Girija Prasad paid to this event, is Mahendra consumed with me who your brother is for me? Halley will give birth in a jail, "said Bayi, 'The king's anger is not good," Kirja India to India, I did not stay in Nepal, and Nbsp. I did not have the king to live in the 150 years in prison for 150 years and NBSP;. In the meeting, he offered to continue the king to keep the new constitution, but within the King, BP, to keep it from the king to keep the name of the new constitution, but NBSP;. The Ambassador said that the test of a paper was assigned to persuade the king and ask her Suvari to persuade the king and the NBSP;. & Nbsp ;

Janakman had no objection to the paper & nbsp ;. However, in government documents, BP, not written by BP, was not written by BP, and Nbsp ;. "It is uncomplicated by the signing of my signator in this vertical language, '

s' grammar, where you get big paper and nbsp;?' Bp replied, After 'in prison, and NBSP; NBSP;' in the same room in the same room.

some gallem dolls up to the ejlamps and nbsp ;. Finally, BP, BP, BP, said, "Muthor Pusufi government 'should be written from the sorcerer, I do it right in the state of writing and NBSP;. Then the writing process began again & Nbsp ;.

was in prison for treatment for treatment for treatment for treatment for treatment, it took five days from exiles with full details and nbsp;. The written memories of Janakan about that wonderful event is that the order of stories-Break 'BP does not stopping the order & nbsp ;.. He said, 'There is no place for various political parties in the Panchayat Constitution, and Nbsp ;.. There is no arrangement to the National Panchayat of Parliament & Nbsp ;. Democracy does not give a sense of being disagreement and that cannot be considered a democratic order;. In such a place and nbsp; 5.. Similarly, after auditing the Sharh, another 34 days later, NBSP;. Indeed and Nbsp; '

then asked for some of the co-bones of the resunity, and Nbsp;. As a statement that was spent on the Nepali Congress, he asked the statement of the Nepali Congress, who had been hit by the Nepali Congress, was assigned to the Nepali Congress. & Nbsp;. & Nbsp;

man Jamakman has written the statement of BP in his measure: 'The Nepali Congress president of the Nepali Congress, I own itself & Nbsp;. Since Nepali Congress members are millions of members of the Nepali Congress, they do not remember whether those people are members of the party or not, I don't remember & nbsp;. But as I did not arrange a talk for democracy, I was able to speak that the doctor could be simply, the means of the skills, such as the context of Cesarian Cesterion. Another of the question of speaking in the basis of the same lectures, I have had another question that someone has reducing the proof of the proof that, "I have come to the Kirija Prasad Koirala's trick of Kirajala, NBSP;. What about that, Nbsp;? Before answering, 'a moment BP looked out of the window' & nbsp;. And the days after Trilocial Bajraracharya came to Kathmandu in 2000 BS, he said that he was arrested by the house of Tril Bajracharya. In that time Singha Duplicate, Judge Janarl Harishwormher, Judis Janaral Harishwmher was aroused for statements at the time and Nbsp ;. Then he was kept in Bucket in Baltin, and Nbsp;. & Nbsp; Santi-Break 'used to ask the army and eight, frightened by Sirnrasad, saying, BP responded to me,' replied to the sadness, 'I answered the straight thing They would give it and went into the opposite and started questioning the opposing question and questioned, it seems like a walk, nbsp. The situation of today's statement seemed like that & NBSP;. ' And BP's statement was happening in the climate department made in the same collapse of the butterfly in the same floodd floor. Then said BP for Janakman to remove the police and Nbsp; NBSP; BP. Noticed & nbsp;. & Nbsp; 'Here to carrying the Bucket of the Syrengeti of the Syrenget There is no soldier and Mom Prasad chief's daughter, the daughter of President Budhitsher, has been raised in a Cold and Edd of the public service examination and entering the Appeal for the Judge posture District Tople, a youngest judge, remained the judgment of this special court judges After starting & Nbsp;. 'As the

statement started, Janakman ordered BP and Ganeshman to keep the cold police training center in the cock-police training center. And, it would be said that they would allow them to walk in the fields of the Police Training Center so that they would walk in the field of the police training center. He also preached the contrast to the king at that time and Nbsp;. & NBSP;

';? I do not know that Kirija Prasad Kharka has come in Hoirala's tropper, and Nbsp;. Exceeded & Nbsp ;. The order of taking a statement on the issue of Okhaldhunga Kandi in the nineteenth day was running and nbsp;. BP was attended by BP in Janakan's ejlass, like Savik, like Savik, and Nbsp ;. Janakman saw BP's face in the face of BP and nbsp;. & Nbsp; Attempt to goodness to be good for the VP before Timewa-Breiju Prasad called Okhdadhunga and nbsp;.. I mentioned in the statement of Yagyab Bahadur Captain that I met him and that the cable was good. What does it say about it and Nbsp; ?? '

' I Don't Want To Stand & Nbsp ;. I have no idea why I am giving a statement, 'Steri-Break is naturally natural for the Janakman to give a statement and nbsp ;. So he asked BP, whether something help was distributing, and Nbsp;. & Nbsp;. And, the supporters of the Panchayatists have written demand that VP and Ganemans should be divided by the VP and Ganesh ;.

the reasoning why the king was determined to accept such an offer, BP would put it before Janakman and nbsp;.. The concern of

BP was not baseless & nbsp;. त्यसलाई चिर्न जनकमानले आफू आधुनिक नेपालका पहिलो प्रधान न्यायाधीश हरिप्रसाद प्रधान (जसलाई बीपीले नै कानून संशोधन गरेरै दार्जिलिङबाट झिकाएर नेपाल ल्याई राजाबाट नियुक्ति दिलाएका थिए) ले सुरु गरेको स्वतन्त्र न्यायपालिकाको न्यायाधीश भएकाले कसैको आदेश वा मागपत्रले फरक नपार्ने वचन दिए । 

अनि उनलाई बयान दिनका लागि आग्रह गरे । त्यस दिनदेखि बीपीले राजनीतिक पृष्ठभूमि र त्यसको व्याख्या नगरी छोटकरीमा उत्तर दिए र २१ औं दिनमा बयान सकियो । बयान सकेर न्यायिक हिरासतमा पुग्दैगर्दा बीपी नाकबाट रगत बगी बाटैमा लडे भन्ने खबर जनकमानको कानमा पर्न गयो । तत्कालै डा. दिनेशनाथ गोङ्गल र डा. मृगेन्द्रराज पाण्डे समेत संलग्न ३४ जना डाक्टरको एउटा समूह बीपीका लागि उपचार गर्न राजाले गठन गरे ।

घाँटीको क्यान्सरले ग्रस्त बीपीले २१ दिनसम्म बयान दिँदाको धपेडीले होला, उनको गलामा रक्तश्राव भएछ । त्यसको उपचार अमेरिकामाबाहेक अन्यत्र हुन नसक्ने रिपोर्ट चिकित्सकहरुले राजालाई दिए । त्यसै रात रानाले बीपीलाई उपचारका लागि अमेरिका जान अनुमति दिएछन् । भोलिपल्ट बीपी उडे । जानुअघि जनकमानले बीपीलाई उपचार गर्न जाने पाउने अनुमति दिई उनलाई भेट्न न्यायिक हिरासतमा आफैं पुगेका थिए । उता बीपी उडे, यता जनकमानले गणेशमानसँग बयान लिन सुरु गरे । 

बयान अघि उनलाई पनि अभियोगपत्र पढेर सुनाइयो । ‘जसले प्रजातन्त्र ल्यायो, उनीहरूकै उपर ज्यान सजाय ?’ त्यो सुनेर जनकमान बम्किए । अनि उनले आफूविरुद्ध सबै झूठा मुद्दा लगाइएकाले यो खारेज हुनुपर्छ भनी बयान दिए । 

बिरामी बीपीलाई पक्रन दरबारको ताकेता

बयान सकिएपछि जनकमानले गणेशमानलाई पूर्पक्षका लागि थुनामा पठाउने आदेश गरे र आफू पुनः हेटौंडै फर्किए । झण्डै एक वर्षपछि बीपी उपचार गराएर नेपाल फर्कै । सरकारले ‘इजलास खाली गर्नु भएन’ भनेर फेरि जनकामानलाई काठमाडौं झिकायो ।

जनकमान काठमाडौं आएलगत्तै विशेष अदालतमा बाग्मती सह–अञ्चलाधीश भिष्मप्रताप शाहले बीपीविरुद्ध पक्राउ पूर्जी जारी गरिपाऊँ भनी उनलाई भेट्न इजलासमै आए । जानुअघि बीपीले उपचार गराएर फर्केपछि इजलासमा आफैं हाजिर हुन्छु भनेका थिए जनकमानलाई । त्यसैले पक्राउ पूर्जी जारी गरिरहन पर्दैन भनेर उनले भिष्मप्रतापलाई फर्काइदिए । भोलिपल्ट बिहान दशै बजे शाह फेरि आए जनकमानको इजलासमा । त्यसदिन बीपी जहाजबाट काठमाडौं आइपुग्नेवाला थिए । ‘माथिको आदेश’ भन्दै उनले जसरी पनि पक्राउ पूर्जी जारी हुनु पर्ने ढीट कसे । 

'माथिबाट भन्नाले को हो माथि ?' जनकमान जंगिए, ' न्यायापलिकामा त्यस्तो 'माथिबाट' भन्ने चलन छैन र लिखितमा त्यस्तो कानुन विपरीतका काम कुराहरू कोही पनि न्यायाधीश मुर्ख भएर लेख्दैन ।'

यति भनेर उनले शाहलाई फेरि फर्काइदिए  . केहीपछि बीपी चढेको जहाज विमानस्थलमा ओर्लियो । लगत्तै एसपी रामेश्वरमान श्रेष्ठले बीपीलाई जीपमा राखेर विशेष अदालतमा ल्याए । किन बीपीलाई यसरी ल्याइयो भनेर जनकमानले के सोधेका थिए एसपी श्रेष्ठले अनौंठो उत्तर दिए, 'बीपीको सुरक्षाका लागि ।'

विमानस्थलमा हुलदंगा हुन लागेकाले समातेर उनलाई अदालत ल्याउनु परेको उनको तर्क थियो जसलाई बीपीले जनकमानका सामु पुरै झूठो भएको भन्दै खण्डन गरे ।&nbsp ;

‘दंगा हुन लागेको,  मैले त कहि देखिनँ,’ जनकमानले बीपीलाई आफ्नो संस्मरणमा उल्लेख गरेका छन्, ‘हवाईजहाज भित्रै बसिरहेको सीटमा नै वारेन्ट जारी भएको जस्तो गरी प्रहरी ल्याई, घेराहाली यहाँ ल्याइएको हो ।’ 

जनकमानले प्रहरीकासाथ आएका बीपीलाई पक्राउ पूर्जी जारी गरेनन् । बरु, मुद्दा सुचारु गर्दै पुर्पक्ष लागि थुनामा राख्ने आदेश गरे । त्यसको केहीपछि नेताद्वयको मुद्दामा के फैसला हुन्छ, लेखेर ल्याउनु भनी प्रधान न्यायाधीश नयनबहादुर खत्रीले जनकमानलाई फोन गरे । लगत्तै उनले उनले बीपी र गणेशमानलाई लगाइएको सातै मुद्दामा ‘अभियोग ठहरे ज्यान सजाय हुन्छ’ भन्ने संक्षिप्त व्यहोरा लेखे र टाइप गराएर त्यसलाई सात अलग अलग खाममा राखे जनकमानले । 

बिहान सातै बजे ती बन्द खामभित्रका फैसला बोकेर उनी प्रधानन्यायाधीश निवास बालुवाटार पुगे । नयनबहादुर खत्री ‘बेलुकादेखि सञ्चो भएन’ भनेर सुतिरहेका थिए । उनलाई देख्ने बित्तिकै ‘जनकमानजी, लेखेर ल्याउनु भयो होला होइन ?’ भनी सोधे । 

मूल हाकिमसँग बढ्ता विवाद गर्नु हुँदैन भनेर उनले संक्षिप्त उत्तर दिए– हो । उनले खामभित्र लेखिएको व्योहोरा उनलाई सुनाए । ‘यतिभन्दा बढी लेख्ने मेरो आत्माले दिएन र लेख्न पनि सकिन् श्रीमान्’ अनि भने, ‘न्यायाधीशलाई बेवकूफ बनाउन खोज्ने प्रमुख सचिव राजाको अगाडि आफैँ बेवकूफ बनोस् न ।’

ती खामबन्दी संक्षिप्त फैसलालाई राजाको प्रमुख सचिव रञ्जनराज खनालको हातमा हालिदिन आफैं जानुस् भनेर जनकमानलाई आग्रह गरे । प्रधानन्यायाधीशको यो विवसता देखेर जनकमान क्षुब्ध थिए । यसबारे हाकिमको विरोध गर्न नसकेपनि जनकामानले संक्षिप्त रुपमा आफ्नो असन्तुष्टि जनाए– ‘मलाई उनको घर थाहा छैन र म जान्न पनि ।’

‘त्यसो नभन्नु जनकमानजी, घर त म बताईदिन्छु’ जनकमानले प्रधानन्यायाधीशलाई आफ्नो संस्मरणमा यसरी उधृत गरेका छन्, ‘व्यवहार यस्तो पर्‍यो के गर्नु ?’

प्रधानन्यायाधीशले यति भनिसकेपछि जनकमानले थप नाइनास्ती गर्न सकेनन् । आफ्नो न्यायिक राय हेरे सिधै राजाले हेरुन् तर प्रमुखसचिव खनालले बीचमा सुइँको नपाऊन् भन्ने उनको विचार थियो । 

त्यसैले, जनकमानले प्रधान न्यायाधीशससँग सबै खाममा लाहाछाप लगाएर शीलबन्दी गर्न पाउनुपर्ने माग राखे । यसोगरे शील तोडेर उनले राजालाई पत्र दिन सक्ने छैनन् भन्ने जनकमानलाई थाहा थियो । उनको जुक्तिलाई सदर गर्दै प्रधानन्यायाधीश खत्रीले तत्काल मैन र लाहा झिकाएर पत्र शीलबन्दी गरिदिए । 

त्यो लिएर उनी खनालको घरमा पुगे र ति खामबन्दी राय उनको हातमा राखिदिए । खनालले देशद्रोही वीपी र गणेशमानहरू ज्यान सजायका भागीदार भएकाले फैसला गर्न नडराउनुस् भनेर उनलाई उक्साए । 

मुद्दामा बहसै हुन बाँकी भएकाले अंग पुगेपछि फैसला गरौंला भन्ने जनकमानको तर्क थियो जो उनले खनाललाई संक्षिप्त रुपले सुनाए । त्यसको केही दिनपछि नै २०३५ फागुनको १४ गतेबाट मुद्दाको अन्तिम सुनुवाइ सुरु भयो । 

नेपाल राष्ट्रिय सेनाका भूतपूर्व क्याप्टेन यज्ञबहादुर थापाले २०३१ सालमा पञ्चायतविरुद्ध सशस्त्र संघर्ष सुरु गर्न खोज्दा ओखलढुङ्गाको जङ्गलमा उनको नेतृत्वका ११ जना मारिएका थिए । क्याप्टेन थापा भने पक्राउ परे । पक्राउ परेपछि उनले आफूहरु नेपाली कांग्रेसबाट खटिएको बयान दिएका थिए । त्यही बयानका आधारमा बीपीमाथि ज्यान मुद्दा लगाइएको थियो । क्याप्टेन थापा र विराटनगरका अर्का क्रान्तिकारी भीमनारायण श्रेष्ठलाई त्यसै वर्ष माघमा गोली हानी मारेको थियो । थापाकै बयानका आधारमा बीपी र गणेशमानविरुद्ध राजद्रोह गरेको अभियोगमा ज्यान सजायको मुद्दा चलाइएको थियो । 

जनकमानलाई बर्खास्त गरिएको संक्षिप्त पत्रमा लेखिएको व्यहोरा :

‘तपाईंलाई न्याय सेवामा आजसम्म काम गरेकोमा धन्यवाद दिई सेवाबाट मुक्त गरिएको छ ।’

धन्यवाद 

आज्ञाले,

 

ऋिद्धिमानन्द बज्राचार्य रजिस्ट्रार ।

बीपीले केबल नैतिक जवाफदेहिता छ भनेर बयान दिएका थिए भने गणेशमानले त हतियार उठाउने मामिलामा आफ्नो कुनै समर्थन योजना नै नभएकाले मुद्दै झूठो हो भनेका थिए । क्याप्टेन थापाको बयानका अतिरिक्त सरकारले उनीहरु दुई दोषी छन् भन्ने कुनै सबुत पनि पेश गर्न सकेको थिएन । यी सबै पक्षलाई विचार गरेर जनकमानले २०३५ फागुन २५ गते फैसला गरे : ‘कर्तव्य गरेको’ र ‘नैतिक जवाफदेही’ को अर्थ एउटै मान्नु नमिल्ने हुँदा अभियुक्त बीपीउपर बादी दाबी पुग्दैन र गणेशमानकै बयान व्यहोरा अनुसार वीपी र गणेशमान समेतले वादी दाबीबाट सफाई पाउने ठहर्छ ।’

भोलिपल्ट रेडियोले समाचार फुक्यो– राजकाज अभियोगमा अभियोग लागेको र कार्यवाही भई सजाय पाएका अभियुक्तहरू सबैलाई राजा वीरेन्द्रबाट आममाफी बक्सेको छ । 

फैसलालगत्तै न्यायाधीश जनकमान नारायणी अञ्चल अदालतको हेटौंडा मुकाममा पूर्ववत् फर्किए । लगत्तै उनलाई पोखरा गण्डकी अञ्चलमा सरुवा गरी ६ महिनाको अस्थायी बढुवा गरियो र त्यसको केहीपछि न्याय सेवाबाटै बर्खास्त गरिएको थियो ।

घनश्याम खड्का खड्का दुई दशकभन्दा बढीदेखि पत्रकारिता गरिरहेका छन् । उनी कान्तिपुरमा कानुन, न्याय, मानवअधिकार लागयतका बिटमा लेख्छन् ।

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