Former justice Aryal no more

(Updated with details)

KATHMANDU, Sept 16: Former justice Laxman Prasad Aryal devoted his life for democracy and social change. He lived through the people´s long struggle for democracy and actively participated in it. He advocated people´s rights when he was a lawyer, delivered a series of verdicts in favor of social change when he was a Supreme Court justice; and after the retirement, despite his old age, he took to the streets, along with other civil society leaders, and played a commendable role in bringing the monarchy to its heel. Now, his life has come to an end. [break]

For the last two years, Aryal who coordinated the interim constitution drafting committee after teh 2006 people´s movement, had been battling with acute renal failure, diabetes, asthma and cardiovascular diseases and he breathed his last at Tribhuvan University Teaching Hospital (TUTH) in Maharajgunj on Wednesday. Doctors declared Aryal, 72, dead at 6.45 a.m. He is survived by two sons and three daughters.

Just a few months ago, Aryal had returned from Apollo Hospital in Delhi after medication, and he was admitted to TUTH for the last two months. For the last one year, he was dependent on dialysis due to kidney failure.

Born on May 27, 1937, at Aryalgaun in Jorpati, Kathmandu, Aryal taught at Padmodaya School until 1964 and took up legal profession afterwards. He actively participated in the political upheaval in 1979 and the subsequent referendum. Then he became president of Nepal Bar Association (NBA) in 1985 and participated in the people´s movement in 1990.

Due to his credentials for democracy, he was appointed a member of the constitution drafting committee in 1990, and subsequently designated Supreme Court justice from which he retired in 2002.

But that was not an end to his active public life. He was in the frontline in the Jana Andolan II, which brought the monarchy to an end."He was wholly committed to the norms and values of democracy,” says civil society leader Devendra Raj Panday who had worked with Aryal during the Jana Andolan II and before.

When he was asked to head the interim constitution drafting committee after the fall of monarchy, he did not deny, despite his precarious health.“He had already been suffering from kidney failure, but he took up the responsibility,” says a close relative of Aryal.

As the chief of the constitution drafting committee, Aryal strongly pushed for the principle of separation of power and check and balance while the political parties wanted to make the legislature-parliament powerful at the cost of other organs of the government, says senior advocate Harihar Dahal, who was also a member of the drafting committee.

Perhaps, Aryal would be best remembered for his simplicity, integrity and his contribution to social change. When he was Supreme Court justice, he delivered some landmark decisions for social transformation. Just before his retirement in 2002, Aryal delivered a verdict on marital rape requiring the government to bring laws against it. Similarly, his verdict in favor of equal rights of women to parental property was hailed in Nepal and abroad.“His verdicts were instrumental in ending the gender-based discrimination,” says lawyer and activists Mira Dhungana. He was one of the judges who passed a landmark verdict in 2001granting the FM radios to broadcast news.

Aryal led a simple and spiritual life, and never hankered after money.“He was often found practicing meditation and he never bothered about material comforts,” said senior advocate lawyer Shrihari Aryal, who was also Aryal´s student.“His devoted his whole life for the betterment of the country. Just a day before he died, he was worried whether he could see the promulgation of a new constitution and logical end of the peace process," he adds. But sadly, he could only see the contentious politics and constitution writing and peace process in disarray. With Aryal gone, the country lost one of the prominent citizens who made historic contribution to democracy and social change.

Aryal´s body was cremated at Pashupati Aryaghat in the afternoon with state honor. Political leaders including Prime Minister Madhav Kumar Nepal, well-wishers and relatives paid tributes to him at Aryaghat.

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