Kathmandu – News reports have been published stating that the meeting of the Council of Ministers of the Government of Nepal made a decision on 11 August 2026, and that on the basis of that decision on 12 August 2026 the report of the investigation committee chaired by Tankamani Sharma Dangal relating to this company, titled “Ncell’s Share Purchase-Sale Related Study and Investigation Report, 2023 (2080),” was made public. It has come to our knowledge that, under the pretext of ensuring good governance, transparency and citizens’ access to information, the said report has been made public through the website of the Ministry of Information and Communications, thereby scattering sensitive information that the law itself requires to be kept confidential.

This company strongly condemns the Government’s step of publicising the report in violation of the right to privacy guaranteed by the Constitution of Nepal, and makes it clear that it reserves the right to seek legal remedies in accordance with national and international laws as well as treaties and agreements.

This action has sent a message at the international level that the Government is not committed to the privacy of investors and the confidentiality of data. It has further clouded the environment for foreign investment. Moreover, publishing matters that the law requires to be kept confidential without the consent of the concerned persons, without even considering that such publication constitutes a criminal offence under prevailing law, is an extremely regrettable act.

A writ petition filed on a matter of public right and concern seeking that the investigation committee’s report should be made public was dismissed by the High Court on 15 July 2026, and that dismissal has become final. Deciding to publicise the investigation report and actually publicising it in a manner contrary to that order constitutes, in itself, a serious violation of the constitutional and legal duty to respect the orders of the honourable court and to uphold judicial dignity and compliance with the court’s decisions and judgements. The decision to publicise, and the actual publicisation of, a report that the honourable court had held to be confidential is a historically unfortunate event.

Information, details and particulars collected by an investigation committee formed to ascertain the truth during the course of study and investigation also remain confidential. The Government of Nepal may take those information, details and particulars and use them to determine whether any offence has been committed in relation to the relevant incident, act or transaction, to conduct further investigation, and to prosecute. It cannot, however, publish or make them available in a manner that allows unrestricted access by the general public. No law has authorised such action.

The investment and business-related matters, information, details and particulars of any company are confidential by law itself. The publicisation of the investigation committee’s report has clearly violated the right to privacy guaranteed to this company under Article 28 of the Constitution of Nepal; the right to privacy of property under Section 10, the right to privacy of documents under Section 11, the right to privacy of data under Section 12, the right to privacy of correspondence under Section 13, the right to privacy of character under Section 15, and the right to privacy of electronic media under Section 19 of the Individual Privacy Act, 2018; as well as the right to privacy of taxpayers under Section 74 of the Income Tax Act, 2058 and Section 37 of the Value Added Tax Act, 2052. This step by the Government has also violated the fundamental and legal rights of the shareholders, directors and stakeholders of this company as well.

To publicise such details, legislative authorisation under a law enacted by the legislature, proper cause and justification would have been required. To protect the right conferred by Article 28 of the Constitution and to further regulate access to individuals’ right to privacy, the legislature has enacted the Individual Privacy Act, 2018. Under the provisions of this Act, details relating to a person’s property, documents, data and transactions remain vested in the concerned person. Contrary to the legislative commitment that such details shall not be published without the consent of the concerned person, the Government cannot publish those information and details, grant access to third parties, or make any other arrangement enabling the general public to obtain knowledge of them. Such action is contrary to the Constitution, prevailing law and international practice.

The publicisation of the investigation committee’s report has also resulted in a breach of the constitutional and legal commitments and credibility provided by the Government (Breach of Trust and Confidence). This is completely prohibited in a democratic system of governance and the rule of law. An action by the State that is contrary to the legal guarantee that a person’s property, transactions and documents remain confidential is a complete mockery of the law.

Since the Individual Privacy Act provides for the punishment of offenders and the filing of claims for compensation in cases of acts prohibited by it, the company wishes to inform that it will take necessary decisions in this regard. The breach of confidentiality of various confidential information relating to this company has caused irreparable damage to the company as a result of this step by the Government. It has also restricted the fundamental right of the company and its shareholders, directors and beneficiaries to live with dignity and the right to freedom of trade and business.