Supreme Court stalls government’s high-profile asset probe

Nepal's Supreme Court has placed a temporary hold on a high-profile government commission tasked with investigating the assets of public officials. The apex court issued an interim order directing the Property Investigation Commission to maintain the status quo, effectively halting its core functions until a final verdict is reached.

The court's order prevents the commission from compelling individuals to submit asset details or recommending any legal or disciplinary actions. This decision followed the hearing of two writ petitions challenging the commission's constitutional authority, which was formed by the current government through an executive decision. The bench cited the potential for irreparable legal consequences if the investigation proceeded.

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If the scope of the investigation is determined in accordance with Clause 2(e) of the April 15 Nepal Gazette notification regarding the formation of the commission, it appears it would contravene the explicit provisions of the Constitution of Nepal and prevailing statutory laws, thereby causing irreparable harm to the individuals concerned.

The Supreme Court has referred the case to a three-judge full bench for a final determination on the commission's legality. The petitioners argued that the government exceeded its constitutional powers, potentially violating rights to privacy and existing legal frameworks. The court also requested the Nepal Bar Association and the Supreme Court Bar Association to nominate senior advocates to assist as amicus curiae in the upcoming hearing.

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Therefore, until a final decision and decree are reached by the full bench of this court, no public official or citizen shall be compelled to submit details of their property and assets. Likewise, the work of investigating and assessing property details already submitted shall remain under status quo, and no recommendation for any legal prosecution or action shall be made to any state authority against any individual.