Read a moving memoir by Senior Advocate Kusum Shrestha regarding the case of Bhim Narayan Shrestha martyred in 1977 (?) ***** ***** **** My Remembrances: Bhim Narayan Shrestha Kusum Shrestha During my meditation in one fine morning, the image of Bhim Narayan Shrestha flashed in my mind. I resolved to imprint my impressions and experiences on my involvement in his case. In the year 1974 December an old man in pensive and sad figure appeared in the small dingy room of my previous law firm. I was surprised to see the figure of a forlorn man. I asked him what's the matter. He drew deep breathing and said very halting and hesitant way. I do wonder whether you could take up my case?" I readily replied why not? He looked at me with his unbelieving eyes and said: "But my case is very dangerous and challenging?" I looked back him with my assuring eyes but little taken back and replied that I was ready to face the challenges. He drew deep breathing and sighed out: "Oh! You do not know, I am the father of Bhim Narayan who has been condemned to death by the Special Court finding him guilty on the offence of attempt on the life of the king. I was trying hard to find out lawyer who could defend him. The father carries the straw of last hope." I had not seen the saddest figure with the tears that was dried up. I replied him that I was really honored by being entrusted with the case, which I would do voluntarily as a social responsibility to my best professional efficiency. I saw the beacon of gratitude that sparked in his eyes. A unique experience to me! Yes, I went thoroughly in preparation of the appeal. The case related with the Grenade explosion at some place in Birat Nagar on March 16, 1974 long after the return from the visit of the king Birendra in other place of Birat Nagar. The explosion had killed one person and injured some people returning after felicitating the king. The act did not occur at the place of the king's visit and also did not direct to the person of the king. However, indictment was made against Bhim Narayan, Yagya Bahadur Thapa and Giraja Prasad Koirala for attempting to attack on the person of the king on the basis of the so-called confession of Bhim Narayan. The facts as averred by the prosecution did not connect or establish nexus with the jurisdictional facts of attempted offence under section 2 of the State (Offences and Punishment) Act. The essential elements of the crime as laid down were the attempt to assault or overawe by means of criminal force against the king. Even the so called confession did not connect with the ingredients of the crime, as confession stated that the accused changed his mind when he reached at the spot of king's visit and that after the return of the king, it was accidentally exploded afterwards at some other place. How I found glaring loopholes, despite the confessions that were recorded under duress and torture, which was later retracted through the several petitions. The facts and evidences looked unbelievable without any substantive proof. There was clearly wrong application of law and there was no independence evidence to support the allegation. But the Zonal judge Ridhi Mananda Bajracharya had given the guilty verdict on the sole ground of the so-called confession. However in his private chitchat the judge had assured the old man that the verdict would surely be overturned by the appellate court or the Supreme Court. And he had to render guilty verdict on the extraneous compulsions beyond his control. A sweaty assurance to the aggrieved man! An easy way out of a judge to escape from guilt conscience for giving injudicious verdict. Reminiscences flashed in my mind. How I with my associate Surya Dhungel went to Dhankuta to plead the case in companion with the pensive looking old man. We had to walk from Dharan. While climbing uphill from the bottom of Dhankutta I was feeling heavy breathing. Slowly and steady I climbed. Finally with difficulty I reached chuatara of Dhankuta, an open and beautiful resting place: a breath taking scenic beauty with lush forests and surrounded by the green hills, which freshened by cool and invigorating ever flowing air. While I was relaxing for easing my breathing I looked at the old man who looked so sad and without any trace of smile. I was thinking how to brighten him with smile. I rested at the convenient place of chautara. I really enjoyed refreshing air and invigorating environment. I found everybody in the best jest after the odious uphill climb. Around the chautara bright young damsels were preparing tea and snacks with mischievous touts and jokes shared by all. While heaving sigh of relief and alleviation from tiredness, I was approached by a young girl in her budding youth. She shyly asked me what I wanted to eat. I casually replied "of course tea". She mischievously said that there was no milk though pots of milk were boiling near by. In my jovial mood, I told her: "I do not mind if she mixes her own milk in my tea." That was most unexpected joke. It created peal of hearty laughter around the chautara. Surprisingly, of all, it brought hearty laughter in the old man. The beautiful laughter 1 could never forget. After all, my joke was not that vulgar, rough and naked and provocative as she used to face. It was really an innocent, on the spur of moment joke relished by all. And, the young girl was really flattered. She served the best tea I had ever tasted, which was, perhaps, mixed with her feeling and love and sympathy. That was culture of chautara - to smile away the tortures of life even if for a fleeting moments. But that culture is now dying out. When we appeared on May 26, 1976 before the Regional Court consisting of justices Ghana Nath Pant and Gajendra Keshari Bastola, I found a military officer at the forefront in his military attire. The judges did not mind. They, after hearing what were spelt out by the bench assistant on the facts of the cases, asked us to argue the case on behalf of the appellant. I argued and stressed the fact that, as a lawyer, I really believe in the independence of judiciary and impartiality of the court's decision despite the presence of military officer in his military dress, and that surely would not create an adverse effect or influence in the judges. I repeated that point several times. The judges, like dumb, simply listened without passing any remark or reaction. After recession for tea, the court assembled. To my relief, the officer appeared but without his military dress. How mischievously he had said to me: "now I have come in civil dress and be assured for independence of judiciary." It was ex-part hearing. When we concluded our hearing, the judges looked so assuring. Usually the opposite party was rejoined. The judges said us that they need to read the serious materials we had submitted and had fixed the hearing for next day late after noon. We were really tired and needed repose and rest. So, with the younger brother of Bhim Narayan we went to Hille. It was nice walk and very enjoyable evening. When we climbed Hille, a beautiful hue was spread out in the sky with magnificent view of the Himalayas and verdant hills. The ambience was really beautiful, peaceful and attractive. Hille was upcoming tourist spot at that time. We enjoyed the views to our heart's contents. As dinner was late, we strolled around Hille tiny Bazar with scattered homes. We stopped to a teashop attended by two young girls with their grown up mother. They looked really beautiful, perhaps their beauty magnified by shivering candlelight. Over a cup of tea we had pleasant conversations with the damsels, of course at the cost of bachelor Surya. The girls were students of a middle school. They aspired for higher study despite constraints and wants they encountered. They were telling that they had to earn the family livelihood and meet cost of their education with the tiny tea-shop. But they brushed aside their vexing problems with sweet smiles. In fresh mood we returned to our lodge and had sound sleep. In the morning we had walked the captivatingly beautiful verdant hills of Hille. When we returned to our lodge for our brunch we found the girls waiting for us to hand over a letter in appreciation of our visit to their tea shop and sparing our time with them written in girlish sweaty languages. The girls, as they expressed in their letter, were really appreciative of our encouragement to study further. Refreshed we returned to Dhunkuta. We went straight to the court. After a while two judges sat on the Bench. The judges with reddened faces told us that the court decided to uphold the lower court's verdict. The judges looked remorse the way they pronounced their decision in their halting tongues with faces ashamed. With heavy heart, sadden and jolted with unexpected pronouncement from the judges we had returned to the Bhim Narayan's home where we stayed. The whole atmosphere looked forlorn and doomed. A pitiful heart-breaking wailing, the painful sighs and wheezing cries. Surya and myself were in helpless moments: silent spectator of a dreadful and tragic scene. After sometime the old man came to us. He looked as if he had no more tears to shed. He had been weeping past several months and now, at that particular dismal moment, he was tearless. As an elderly guardian he had to shoulder the responsibility to assure and assuage the rest of the family. He had come to us with one request to assure Bhim Narayan's wife with her infant children that justice would indeed prevail in the long run. How I acted to assuage a grieved and weeping lady, how we promised that we will do our utmost!