Senior-most judge Ishwar Prasad Khatiwada retired from Thursday, giving a break to four decades of judicial service
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An inevitable part of working life is retirement. It is the custom of the Supreme Court that judges retiring due to the age limit of 65 years are sent home by staff and fellow judges with garlands and food. This trend appeared in a different form on Thursday. The eyes of the Chief Justice and everyone present teared up when they bid farewell to Ishwar Prasad Khatiwada, the senior-most judge of the Supreme Court, who was retiring after four decades of judicial service.
Khatiwada reached out to the staff and said 'L hai' to the staff, causing frustration in the highest premises throughout the day. As Chief Justice Vishwambhar Prasad Shrestha was speaking at his farewell at 4 pm, his throat became blocked and tears fell. Turning to the wall, the staff hid their tears. Six judges, including the Chief Justice, as if sitting in a full bench, expressed their sorrow at having to say goodbye to Khatiwada. "So many husbands have never said goodbye to someone for such a long time," said an official of the Supreme Court. The program could not even take place. However, the fearless and scholarly judge Khatiwada is respected by all the current and former colleagues.
'Position is not great, conduct is great,' says former Chief Justice Sushila Karki, 'There is probably no one in our court who can beat him in integrity, conduct and efficiency, at least I have not seen.'
When she was the Chief Justice, she used to consult with Khatiwada on some confusing issues and when others did not have the support of others, Karki added, "I never thought that I would be inferior to him in justice, he is a true jewel of the court."
The current Chief Justice Shrestha also agrees with the statement of former Chief Justice Karki. "Yes, I am emotional today," he said, admitting that he was at a loss for words while saying goodbye to Khatiwada, who has also been a Dauntri for 40 years, "Because, I will not be able to see a reliable colleague on the bench now, it hurts."
Chief Justice Shrestha says that Khatiwada, who was born and brought up in the house built by Babubaje, who migrated from Udaipur, will no longer be on the bench. "He is a pillar of integrity," he says, "How will it be when such a friend leaves and goes home?" And jokingly said, 'Who will abuse this doctor now, lou?' Bhattarai and Khatiwada are classmates while studying law and Chief Justice Shrestha is one year senior to them. There are many people in the judicial circle who call them 'Trilal' as their friendship since their student days has continued to the highest level. Even so, important days in the working lives of Khatiwada and Anand Mohan were always the same. Both of them graduated in law in 2038, became judicial officers in March 2039.
'What's the difference, he became a public prosecutor, I became a bench officer,' said Bhattarai, who returned home with a heavy heart after saying goodbye to Khatiwada, 'We became assistant secretary and deputy secretary together, even though he was appointed to the district judge eight months ago, he was appointed to the appeal and Supreme  ;We took office once, that's all, our parting could not be together.'
Khatiwada retired on Thursday due to different dates of birth, Bhattarai will retire at the end of May. "It is not enough to say judges, some are burdens of the court and some are assets," says Anand Mohan, "God is 100% wealth which will be fulfilled again, or not, I can't say." Bhattarai says that he feels proud as a friend when he sees Ishwar Khatiwada's pen always boldly standing up for the defense of the Constitution, even when deciding the case against the President's decision to grant immunity from prison to Yograj Dhakal. Those who know him closely say that Khatiwada is standing as an exceptional judge in the contemporary judicial circle due to his clarity in theory, his skillful writing skills and his fearless impartiality. He had an image among the staff as a true judge as he would never compromise on
principles. "As true as he was, his pen was sharp," says Govind Ghimire, assistant spokesperson of the Supreme Court.
When Khilraj Regmi was the Chairman of the Council of Ministers, the system of the judiciary, which had broken down, had become unmanageable by the time of Parajuli and Cholendra. The role of 'Trilal' did a great job in bringing it on track. "After Cholendra made various decisions after examining the bench case, there was a discussion between us to boycott his bench," said one of the judges. As a result, two years have passed since the shooting started in the Supreme Court. Khatiwada was one of those who played an important role in making the court 'bounce back' in these two years. Who did not allow the then Chief Justice Cholendra's dauphet to dissolve the Parliament.
After being able to restore the Parliament and because of the activity of the 'Trilal' who succeeded in overturning Cholendra's will, the 'bench shopping' has stopped happening now and the court is returning to its old routine. "The biggest thing is that there is no rift between us judges," said a judge, "because the game of politicians who take the Chief Justice by the hand and make them work in the court is now closed, Khativada husband has a big hand in it." Khatiwada himself took a long sigh of satisfaction while leaving the court. "I am going with Shakun," he said to Kantipur, "I am happy with everything I have done and been able to do."
