The demise of a rare judicial genius

Prakash Vasti would have been the Chief Justice if he had been appointed as a judge of the Supreme Court, Gopal Parajuli and Cholendrashamsher would not have reached the leadership of the Supreme Court.

Poush 14, 2081

Ghanashyam Khadka

The demise of a rare judicial genius

We use Google Cloud Translation Services. Google requires we provide the following disclaimer relating to use of this service:

This service may contain translations powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

A brief news shocked former Chief Justice Kalyan Shrestha on Saturday morning. That was the news – Prakash Vasti was no longer there. As the unbelievable news distressed him, old memories with Vasti came vividly to his mind like a cinema screen.

Shrestha had met him in the classroom as a law student, later met him in his bench as a promising lawyer, and even later as a colleague judge and passed judgments together. He was an excellent witness even during the conspiratorial ouster of the temporary judge.

Even then, he saw that Vasti continued with deep interest and passion in the inquiry into legal history. This habit of concentrating on study and research had recently imprisoned Vasti for months in the private library of his house in New Bazar, from which he was isolated from the legal circle and the company of friends. 

Shrestha met Vasti after a long time at the gathering of former judges organized by the Judges Society last Dasaint. Shrestha never imagined that this meeting with his decades-old friend and colleague would be the last. Shrestha feels that Vasti's death has caused a great loss both personally and professionally.

'As a judge we have already unexpectedly lost him, equally unexpectedly we have lost a promising legal researcher,' said Shrestha, 'Personally I have lost a friend, professionally the legal field has lost a rare talent.'  Shrestha was the first generation to do BA DL (Bachelor of Art, Diploma in Law) and second generation students after the implementation of the new education policy which allowed to study law only after graduation in any other subject. Dwelling. 

When there was a shortage of classrooms in Nepal Law Campus, first and second batch students were often taught together. At that time, Shrestha came to know Vasti as a person who was interested in reading and doing legal research. As soon as he finished his studies, Shrestha took a government job in the year 2032, and after obtaining his lawyer's certificate in Chait the year before that, he started to engage in residential debate. 

Years later, Shrestha and Vasti come together again, in the Supreme Court. After a long judicial service of 30 years, Shrestha was appointed as a judge of the Supreme Court in 2064, and just one year after that, he was appointed to Vasti. Both were on the roll of the Chief Justice. The difference was that Shrestha's appointment was permanent while Vasti's appointment was temporary. Had the

been made permanent, the Chief Justice would have been the resident. If he was the Chief Justice, Gopal Parajuli and Cholendrashamsher Jabara would not have reached the leadership of the court. Legal scholars say, 'This was the reason why the judicial council did not recommend Washi.' After not being permanent, Washi was finally removed from the Supreme Court on January 8, 2069.

Former Chief Justice Anupraj Sharma, who initially worked in the Supreme Court and later in the Human Rights Commission, says that it was unfair to the population when they were not made permanent judges. "After being temporarily appointed to the Supreme Court for four years, he was made to leave the court in a conspiratorial manner," he said.

In the analysis of former Chief Justice Shrestha, Vasti became a victim of the politics in the court, the same politics sidelined others like him unexpectedly and unfairly.

Wasti wanted to return to his old profession of advocacy after leaving the Supreme Court. Even after advocating for a while. "But the question arose as to how appropriate it is for a person who has become a judge of the Supreme Court to practice law," says senior advocate Harihar Dahal had started "He and I joined the Nepal law firm of senior advocate Krishna Prasad Bhandari in Putlisadak in 2034," said Dahal, "Later, Subas Nemwang and Bharatraj Upreti also arrived." shined Coincidentally, both Vasti and Upreti were made temporary judges, not permanent. Upreti committed suicide on June 10, 2072 due to that insult.

Nemwang, who was the Speaker after starting his parliamentary journey, passed away on August 26 last year due to a heart attack. After getting the news in the morning that the only remaining Damali Vasti has left the world, Dahal feels very empty. "With this unexpected news, I am feeling very alone," said Dahal, "the only friend left since I started the legal profession. 

Wasti had such a close relationship with Dahal that in the year 2042, they both bought land and built a house at the same place in Dillibazar and ran a law firm there. Dahal's law firm is still there, the law firm was there before Basti also had a judge. Lately Dahal had not been meeting much because of the habits of the people who do not mingle much and work in unison. Dahal used to see him at his Dillibazar house every now and then when he came to collect the rent.

When he was the general secretary of the Nepal Bar Association in 2048, Vasti started a campaign to build his own building for the bar. This work was started in the year 2049. 'The foundation of the bar was laid by his activism, later I became the president in 2054,' says Dahal, 'today we have lost the man who laid the foundation of that bar.' and inquired what had happened. On Friday evening, Vasti started having chest pain. After drinking hot water, he enters the bedroom saying 'I will rest for a while, and then I will come for dinner'. But even after a long time he did not come to the kitchen. When he went to see what happened, his arms and legs had stopped moving. The doctor declared him dead as soon as he was rushed to Narvik Hospital.

'His body was kept at the hospital until his son came to America,' Dahal took a long breath At the request of Suryanath Upadhyay, who was appointed as Chief Commissioner after the Corruption Prevention Act came into force in 2059, the abuse of authority investigation commission Became a consultant. While there, he played a key role in the investigation against dozens of high-ranking officials.

The corruption case against Congress leaders Khum Bahadur Khadka, Govindraj Joshi, Jayaprakash Gupta and Chiranjeevi Wagle was launched at the same time. A comment was made that the Congress leaders have more of a role in prosecuting him, a lawyer who knows him closely said, "This is also one of the main reasons why he was not appointed as a permanent judge." Vasti's father, Lakshmi Prasad, was himself a lawyer, later became an employee of the Chief Court when Hari Prasad became the Chief Justice, and later became a District Judge. 'When my grandfather moved to different districts, his school also kept moving,' said his daughter Pravinata, 'that's why his education was from Dailekh to Chitwan and Parsa.' Studied at Thakur Ram Campus in Birganj. After completing his graduation in Trichandra, he studied law at Nepal Law Campus. 'Pramana Kanun' published by Wasti in 2033 after graduation in law is the most read book by law students.

When Jung Bahadur Rana's civil law was considered as the first law of Nepal, Vasti published the book 'Nyayavikasini' as evidence, arguing that Jayasthiti Malla had already brought this written law in the thirteenth century. 'Hamro Kanunko Nalibeli' is another book of Vasti. 'Some of his other books were going to be published, he was working on his manuscript,' said his daughter Pravinata, 'one book had also gone to the press, now we will publish all these.' Encyclopedia' says. Recently, the Supreme Court was hiring historians Triratna Manandhar and Vasti as experts simultaneously in the search for the legal history of Nepal. As there are old and rare documents in the library of the ghetto in the house, the family has made arrangements not to allow anyone to enter there. 

A father of a wife, three daughters and a son, Vasti juggled advocacy, teaching and taking care of the family at the same time. 'He had a great interest in the study and research of legal history, the magazine called Kanun used to be of high quality under his editorship,' says former Chief Justice Anupraj Sharma, 'Even in the Human Rights Commission, he brought a plan to bring out a similar magazine to help in the promotion of human rights and even named it Samwahak. I immediately approved it, which is still coming out today.''Interested in

research That's why Sharma formed the 'Distortion-free Judiciary Study Committee' in 2067 and appointed him as its chairman. Its other members were Justices Ram Prasad Shrestha and Girish Chandra Lal. During that time, the people active in bribery and corruption in the court were named as 'middlemen' and there was a report with their findings that there are 29 types of middlemen active in the court. 

Ghanashyam

Link copied successfully