When the building was inaugurated in 2019, six years after the foundation stone was laid, Hari Prasad Pradhan reached the Supreme Court as the Chief Justice for the second time. Since there was no manpower with legal knowledge in Nepal, the Home Minister of the Interim Government, BP Koirala, brought Hari Prasad Pradhan, a resident of Kalingpong, who was familiar with his expatriate life, to Nepal.
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What is the memory of fire? Of course, things like ashes and skeletons that couldn't be ashes. A rather simple sign of completion is found in the ashes. However, there is a terrible display of silent screams and pangs in the things that are sitting or left and burned because they cannot be burned.
Before August 24, this country had probably never seen so many things burn at once. When he saw, the ability to see was lost. Buildings like the black branches of trees, buildings, windows, squares, cars, furniture, machines, computers, books and many other things are everywhere like a sick body writhing in terrible pain after being forgotten by death. If the place you love, the building you go by or the thing you know burns, what is left to burn in the world will be the same.
The Supreme Court, which has been standing for two decades, was as heavy as the heart was burning, the heart burned even more when looking at the burning objects and the building destroyed by the fire. Imagine, an ancient tree - whose branches have kissed the sky and its shade has given coolness for generations. Suddenly a burning fire of anger engulfs him. And, it starts flying - black smoke. A hot flame in a loud, crackling sound The
flies away and all that remains is a black, ash-covered pile. Hey! How terrible? This big tree is the Supreme Court and its power to give cool justice. The fire of August 24 destroyed both of them. One only has to take the first step to the Supreme Court to realize how pathetic and heartbreaking a scene of such burning can be.
Before reaching the main door, a collapsed building with clear signs of burning and burning is seen. To its right is a pile of 120 burnt-out wagons, giving the impression of a giant kawad-khana. The smell of 120,000 burning missiles and books that have not yet disappeared in the air makes the nose uncomfortable to breathe. Even in such a destructive cover, the restlessness that he feels when the justice beggars come back and forth with petitions, the judges who are sitting on the court by putting up a tent and making a bench are reflected in the eyes of the judges
Shocking indifference and the ceiling-billing walk of the lawyers wearing black coats like ghosts to debate is an idea of the trauma that has reached the spirit of justice.
The court history writer Gyaindra Bahadur Shrestha, who is approaching ninety years old, has not been able to sleep for several days. "It's been 34 years since I retired and I don't have any work to do with the Supreme Court," says this former judge of the Supreme Court, who has written 46 books on justice and the court. The court was in session and the judge and staff were inside. Before he could do anything in defense, the Supreme Court, the case file and the information technology system were all destroyed. In the memory of judicial historian Shrestha, Nepal's courts have not received a big blow since their birth - this arson of the Supreme Court.
"Supreme Court is a record court, if its missiles burn, they will burn forever, burning that means burning the judicial memory of the country, which cannot be researched," says Shrestha, "The buildings can be rebuilt, but the burnt jurisprudence and case missiles cannot be revived, so this is an irreparable loss to the country." and wrote in Nepali law. According to him, he wrote the book based on historical records and the report submitted by the building department to the king at that time, according to which the plan to construct the Supreme Court building was made in 2011. At that time Supreme Court Bagmati Zonal Office was in Ranipokhari. And till that time the name of the Supreme Court was 'Pradhan Shayalaya'. King Mahendra abolished the Supreme Court and issued the Supreme Court Act in 2013. And, on February 27 of the same year, he also laid the foundation stone of the Supreme Court building.
The design of this Supreme building was prepared by engineer Gaurinath Rimal. There were three other people who technically assisted Rimal, the chief planning officer of the building construction – Engineer Pushpa Bahadur, Naib Subba Bhairavlal and Overseer Parmanand. Later, Overseer Gyanaratna, Captain Gyanendrasingh and Bhesh Bahadur also came to join it.
It took their group a full 6 years to build this huge building because they didn't have the modern equipment and building materials that they have today. On the first floor, 11 rooms were made for the administration of the Supreme Court, and on the second floor there were also full benches for hearing cases.
There was also a conference hall in the two-storied Supreme Court building with attached chambers and bathrooms for each bench. The length of the building was 322 feet 3 inches and it was a huge structure spread over 38 thousand square feet. "After the fall of the Ranas, the Supreme Court is the first large and magnificent government structure built in democratic Nepal," says Judge Gyaindra Bahadur, "It laid the physical foundation of the country's judiciary." It was decorated differently. The total cost of this building with a large library for the judges seems to be 11 lakhs.
'All these details are written in the report given by the engineer to the king,' says Gyaindra Bahadur, '11 lakhs is a modest sum at that time.' Since there was no manpower with legal knowledge in Nepal, the Home Minister of the Interim Government, BP Koirala, brought to Nepal Hari Prasad Pradhan, a resident of Kalingpong, an acquaintance of his expatriate life, who was a lawyer in Darjeeling before coming here. After being brought to Nepal, he was directly made the Chief Justice on 26th July 2008.
Even when the king was active and powerful, Pradhan gained historical fame by making bold decisions, from taking action against ministers based on constitutionalism and jurisprudence, to deciding what was right in the eyes of justice without following the orders of the court. Angered by his move, Mahendra dismissed Pradhan on 7th May 2013. In the same year, he also laid the foundation stone of the Supreme Court building. What a coincidence that Hari Prasad Pradhan, who was removed, was made the Chief Justice for the second time by the king two years before the inauguration of the Supreme Court in 2019.
Both King Mahendra and Pradhan gave speeches to legal scholars on the day of the inauguration, which is still a tough study material for law students. In the speech, Mahendra first expressed his happiness at the construction of the Supreme Court building and then spoke about its importance and necessity.
"When I laid the foundation stone, I had hoped to see the building ready within a couple of years instead of these years," he said at the beginning, "however, I am happy to inaugurate it even if it is only today." "Perhaps human society has not become so civilized or what?", therefore, the differences between its members could not be resolved without the help of someone else, King Mahendra said during the inauguration, "This may be the reason, it is understood that the work of the judiciary is increasing in almost all countries of the world." It seems that in today's Nepal, arrangements are being made to give judicial powers to various levels of panchayats by intention.
"The concerned employees should understand that people are upset when it takes a long time to resolve the issue," said Mahendra's written speech, "This does not mean that the issue should be resolved without conducting the necessary investigation." However, the investigation should not take more time than necessary and I would like to warn all concerned once again that those who judge are bound by the law first.'
"I hope that the Supreme Court will not have to face the lack of space from this new building and that the peace and order of the country will be maintained under the rule of law and all-round development can be maintained," he finally said, "Justice should be accessible, fast and quick, taking into account the dignity of the law, and according to my wish that the common people get equal justice, no matter what kind of difficulty they face from this temple of justice, everyone can get proper help from this temple of justice."
Mahendra also thanked all the workers. As Mahendra said, the Supreme Court decided many big cases from this building. In particular, for 53 years of the construction of the building, judicial work continued uninterrupted.
In the earthquake of 2072, it cracked but did not collapse. The Chief Justice of that time was Kalyan Shrestha. Many people were of the opinion that this building should be demolished and rebuilt as it is old. However, Shrestha devised a strategy to preserve its historicity. He brought a team of technicians from the building construction department and conducted a study on whether or not it could be repaired.
"The technicians gave a report that it could be retrofitted and made stronger than before," recalls Shrestha, "and I immediately got the government to pass the budget and get the retrofit done." When all the walls of the cracked building were torn with iron from both sides and connected with iron through a hole in the middle, the building of the Supreme Court got a new life and judicial proceedings proceeded with confidence.
"Now all the structures of that retrofit have been burnt, the building is completely destroyed," says Sapna Pradhan Malla, the senior-most judge of the Supreme Court, "We have no place to form a bench." Judges are staying at home, employees are staying in the annex building, which was built much later, south of the Supreme Court, which has yet to burn down.
"100,000 files with our old records were burnt, only 6000 of the current 26,000 case files were saved from being burnt," says Arjan Koirala, spokesperson of the Supreme Court, "The fire was not extinguished for three days, we barely extinguished it by bringing fire engines." Even though some urgent cases of prisoner's realignment have been heard by Tripal Muni, if the full bench takes time, there is a situation that cannot be reached. The court is going to make a special plan on how to deal with this situation where
is completely destroyed. It is hoped that the crisis management plan will be prepared in two weeks, according to the incoming Chief Justice Malla. According to him, the court is going to make a plan to classify the damage caused by the fire into three levels as full, partial and normal, to immediately activate the side with or without normal damage and to compensate the full damage by making an action plan. It is Pradhan's experience that the court is facing a lot of security challenges even if it proceeds according to the
plan. More than 9,000 of the escaped prisoners are still outside the prison. As all of them have gone to jail by the order of the court, there is a danger that they may be attacked at any time. How long will it take to run the court with strong security to avoid them? This is not enough to say. Even if the
building is built, 85 percent of the missiles burned in this temple of neutral justice will never be found. Fires have occurred many times throughout human history, but rarely have such rare damage occurred. In 1938, the Nazis burned the Jewish synagogues in Germany. The interior of the synagogue in Nuremberg was blackened by the fire, the books were charred.
It wasn't just a fire, it was a massacre of culture. In 1966, floods in Florence, Italy, submerged libraries, churches—renaissance paintings and sculptures. In 2015, ISIS blew up the Palmyra Temple in Iraq. It was a symbol of the ancient Roman civilization, whose pillars touched the sky. In the explosion it crumbled into dust never to rise again. This fire destroyed not only the culture but also the memory of humanity.
In Afghanistan, the Taliban blew up the Buddha statues of Bamiyan. The 1,500-year-old idols, which carried the message of peace, have now turned into bare rock fragments. These fires of world history were committed by an external enemy and destroyed the evidence.
For us, we burned and deleted ourselves. Mistakes made by yourself are probably more damaging than attacks by others. This supreme loss in court will haunt us for years to come. Only a collective repentance, reformation and awakening can do that.
