Kathmandu, Bhadra 5 - The Constitutional Bench of the Supreme Court of Nepal is set to hear writ petitions challenging the legality and jurisdiction the Property Investigation Commission formed by government to investigate the assets of public officials and other high-ranking people. Chief Justice Dr Manoj Kumar Sharma has issued an order to refer the cases to the five-member Constitutional Bench. The petitions challenge the constitutionality and legality of the commission's structure and investigative powers.
The government had established the Property Investigation Commission (PIC) led by former Supreme Court Justice Rajendra Kumar Bhandari for the investigation of assets of public officials. A number of writ petitions have questioned its jurisdiction, such as its capability to demand information on property from former judges and other officials. Petitioners also have raised doubts about the overlapping of Petitions with the powers of the Commission for the Investigation of Abuse of Authority (CIAA). Previously, a joint bench of Justices Tek Prasad Dhungana and Shrikant Paudel had decided to hear the case with a three-justice full bench as serious constitutional and legal issues are involved in the case. Supreme Court also gave interim orders and barred people from being forced to disclose details of their property pending the outcome of the commission's legality consideration.
The case has also sparked a procedural dispute. The joint bench had directed a full bench hearing but the Supreme Court administration had suggested that it be transferred to the Constitutional Bench. Chief Justice Sharma concurred with the Article 137(3) of the Constitution, which provides for referring constitutional questions that require interpretation to the Constitutional Bench. The Nepal Bar Association, however has opposed the transfer saying that the transfer is not appropriate to replace a previous judicial order. It has also brought up questions of judicial independence and court procedures.
The writ petition challenged the right to privacy and the jurisdiction of constitutional courts and the government to create a body to investigate personal property and assets. The Constitutional Bench will subsequently determine whether the Property Investigation Commission was lawfully constituted, whether its constitutional powers and how its functions interact with existing institutions such as the CIAA. The decision of the Supreme Court may have far-reaching consequences on asset investigation, executive authority and the constitutional boundaries of government bodies in Nepal.
Source: Ratopati
