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SC halts collection of property details and investigations until full bench verdict

The Supreme Court (SC) has ordered the Property Inquiry Commission (PIC) not to ask for property details from anyone and not to proceed with the investigation until the full bench decides on the writ petition.
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By REPUBLICA

KATHMANDU, July 15: The Supreme Court (SC) has ordered the Property Inquiry Commission (PIC) not to seek property details from anyone and not to proceed with the investigation until the full bench decides on the matter.



A single bench of Justice Nripadhwaj Niraula on Wednesday issued an interim order to stop the investigation after the PIC issued a notice on Monday stating that it will collect details from all public office bearers except former judges and former military officials.


Advocate Maniram Upadhyay had filed a writ petition seeking an order to stop the investigation of all high-ranking government officials after the PIC decided to move ahead with its task mandated by the government.


Earlier on Friday, a division bench of Justices Tek Prasad Dhungana and Shrikanta Paudel had issued an interim order directing the government not to compel former judges and former military officers to submit their property details to the PIC.


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In its order, the SC had 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 court had also instructed the PIC not to recommend any legal action against them until a constitutional bench delivers a final verdict on the case.


The government had formed the PIC on April 15 with a mandate to collect and investigate the property details of all political office-bearers and high-ranking employees holding public positions and submit a report.


The move comes following the Balen Shah-led government’s decision to investigate the assets of political office-bearers, employees and their families who held public office from 2005/06 to 2025/26 and retired from service during the review period.


However, the commission itself is itself facing another writ petition filed by advocate Premraj Silwal, who has raised the constitutional and legal questions about its formation and functioning.


According to the PIC records, more than 14,000 people have submitted their assets to the commission so far. Similarly, more than 1,500 complaints have been filed at the commission.


 


 

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