The Supreme Court has ordered the case to be referred to the full bench, stating that it concerns constitutional and other interpretations.
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The Supreme Court has ordered that the writ petition against the Property Investigation Commission formed by the government led by Balen Shah be referred to a full bench of three justices. The Supreme Court issued the order to refer the case to a full bench, stating that it concerns constitutional and other interpretations.
The bench of Justices Tek Prasad Dhungana and Shrikant Paudel issued this order after two days of continuous hearings.
This order was issued after a bilateral hearing on the writ petition filed by advocates Premraj Silwal and Man Bahadur Lamichhane, among others.
On Baisakh 2, 2083 BS, the government formed a commission under the chairmanship of former Supreme Court Justice Rajendra Kumar Bhandari. The government formed a five-member investigation commission under the chairmanship of former Supreme Court Justice Bhandari, with former Supreme Court Justices Purushottam Parajuli and Chandiraj Dhakal, former Deputy Inspector General (DIG) of Nepal Police Ganesh KC, and chartered accountant Prakash Lamsal as members, to investigate the assets of high-ranking officials and employees who held positions in governance, administration, and public office over the past 20 years (from 2062/63 to 2082/83 BS).
Claiming that the Asset Investigation Commission was unconstitutional and illegal and should be annulled from the outset, advocate Dr. Premraj Silwal filed two separate writ petitions on Baisakh 15 and 19.
The hearing that began on Wednesday concluded on Friday. The petition demanded that the commission be annulled from the outset, arguing that it was formed illegally and in violation of Article 28, Article 132, Article 239 of the Constitution, the Bangalore Principles of Judicial Conduct, and various Supreme Court decisions regarding judges and an independent judiciary.
