SC orders govt not to compel former judges, military officers to submit asset details

Kathmandu / July 10: The Supreme Court (SC) has issued an interim order directing the government not to compel former judges and former military officers to submit their property details to the recently formed Property Inquiry Commission.

A joint bench of Justices Tek Prasad Dhungana and Shrikanta Paudel issued the order while hearing writ petitions challenging the commission’s mandate.

SC spokesperson Arjun Koirala said the interim order applies only to individuals for whom the Constitution provides special legal provisions.

“The phrase ‘any person’ used in the order applies only to those who are subject to separate constitutional provisions,” Koirala said.

Under Nepal’s Constitution, the Commission for the Investigation of Abuse of Authority (CIAA) cannot investigate sitting judges or serving Nepali Army personnel.

In its order, the SC stated that compelling former judges and other individuals who fall outside the CIAA’s constitutional jurisdiction to submit property declarations or subjecting them to investigation by the commission could be contrary to the Constitution and existing laws, causing irreparable harm.

The apex court ordered the commission not to compel such individuals to submit property details, not to examine any declarations already submitted by them, and not to recommend any legal action against them until a constitutional bench delivers a final verdict on the case.