Kathmandu- The Supreme Court has issued an interim order preventing the government from implementing its decision to make public the high-level investigation report on the sale of 80 percent of Ncell’s shares.
A single bench of Justice Balkrishna Dhakal issued the order on Tuesday, directing the government to keep the report in its existing status and refrain from making it public for the time being.
The order came after Ncell Axiata Limited, through company secretary Nishika Sharma, filed a writ petition challenging the government’s decision to publish the investigation report.
The Supreme Court stated that making the report public could potentially breach the company’s commercial confidentiality and create risks for investors. The court noted that the report may contain sensitive information related to the company’s investments, operational procedures and other business secrets.
The court also cited the right to privacy guaranteed under Article 28 of the Constitution, as well as provisions of the Privacy Act 2018, Income Tax Act 2002 and Right to Information Act.
The Supreme Court has also ordered the government to submit a written response within 15 days.
The government had formed a high-level investigation committee on December 7, 2023, under the coordination of former Auditor General Tankamani Sharma Dangal to investigate the sale of 80 percent of Ncell’s shares.
Following the Supreme Court’s interim order, the government’s plan to publish the committee’s report has been put on hold pending further proceedings.
