- Nepal's asset commission will continue investigating politicians, arguing a Supreme Court stay order only protects constitutionally exempt former judges and military officers.
- The Supreme Court recently ordered the commission to halt all investigations while it reviews the legal validity and scope of the body's mandate.
- A Full Bench will now decide if the government can legally empower a commission to investigate officials protected under specific constitutional provisions.
- The commission was tasked with scrutinizing assets of senior public officials, including prime ministers and lawmakers, who served since the 2006 People's Movement.
Kathmandu, Nepal: Nepal's High-Level Asset Investigation Commission said on Monday that it will continue investigating the assets of politicians and other public officials, arguing that a recent Supreme Court interim order applies only to former judges and certain former military officers protected under the Constitution.
The clarification came three days after the Supreme Court issued an interim order directing the Commission to stop collecting asset declarations, investigating submitted declarations, and recommending legal action until it decides whether the Commission was legally constituted.
In a public notice, however, the Commission said the Court's order had been widely misunderstood. It argued that the ruling applies only to categories of officials specifically protected under the Constitution and does not prevent investigations into political leaders or other public office holders.
"The order indicates that persons covered by the proviso to Article 239(1) of the Constitution, constitutional office holders mentioned in Article 239(2), including former judges, and former Nepal Army officers whose service conditions are governed by law, should not be brought within the scope of investigation," the Commission said. It added that nothing in the Court's order prevents it from collecting asset declarations, conducting investigations, and preparing reports on politicians and other public officials who are not constitutionally exempt.
The Commission's interpretation differs from the wording of the Supreme Court's interim order issued on Friday by a joint bench of Justices Tek Prasad Dhungana and Shrikanta Paudel.
The order was issued while the Court was hearing a writ petition filed by advocate Prem Raj Silwal, who challenged both the legality of the Commission and its authority to investigate constitutionally protected office holders.
Pending a final ruling, the Court ordered the Commission not to compel anyone to submit an asset declaration, investigate declarations already submitted, or recommend legal action against any individual.
The bench said that requiring former judges and certain constitutional office holders to disclose their assets or subjecting them to investigation could violate constitutional safeguards and cause irreparable harm because such individuals generally fall outside the investigative jurisdiction of the Commission for the Investigation of Abuse of Authority (CIAA).
Under Nepal's Constitution, the CIAA may investigate judges, constitutional office holders, and military personnel only in limited circumstances, such as when constitutional office holders have been removed through impeachment, judges have been dismissed by the Judicial Council, or military personnel have been subjected to disciplinary action under the Army Act. The petitioner argued that the government cannot grant broader investigative powers to a commission established through a Cabinet decision than those already provided under the Constitution.
Recognizing that the petition raises significant constitutional questions, the Supreme Court referred the case to a Full Bench. It also granted the case priority status and ordered that it be scheduled for hearing within 15 days.
To assist the Court, the Nepal Bar Association and the Supreme Court Bar Association have each been asked to nominate two senior advocates to serve as amicus curiae.
The five-member High-Level Asset Investigation Commission was established by a Cabinet decision on April 15, 2026 (Baisakh 2, 2083 B.S.), with former Supreme Court Justice Rajendra Kumar Bhandari appointed as its chair.
According to its terms of reference, the Commission has been tasked with examining the assets of individuals who held senior public office between the 2006 People's Movement and April 12, 2026 (Chaitra 30, 2082 B.S.).
Its first phase of investigation covers former and incumbent prime ministers, ministers, members of the federal Parliament, provincial chiefs, chief ministers, provincial ministers, mayors and deputy mayors, former judges, senior retired Nepal Army officers, former and serving secretaries, joint secretaries, attorneys general, chief attorneys, provincial lawmakers, former ambassadors, serving ambassadors, and other senior public officials.
The Supreme Court's final ruling is expected to determine not only the legality of the Commission's mandate but also the constitutional limits of the government's authority to establish investigative bodies with jurisdiction over senior public officials.
