The Supreme Court has issued an interim order to maintain the status quo on the investigation into property details and not to recommend or initiate any kind of legal action against anyone.

On Friday, a joint bench of Justices Tek Prasad Dhungana and Shrikant Paudel also ordered that two writ petitions be referred to a full bench of three justices. The legality of the Property Investigation Commission formed by the government led by Balendra Shah will now be examined by the full bench. Until the full bench hears the case, the joint bench has also issued an interim order to keep the property investigation as it is. The bench of Justices Dhungana and Paudel issued this order after two days of continuous hearings on writ petitions filed by advocates Premraj Silwal and Man Bahadur Lamichhane, among others.

“If the scope of investigation is determined as per Section (2)(nga) of the notice published in the Nepal Gazette on 2 Baisakh regarding the formation of the commission on complaints about property details or against individuals, it appears that irreparable harm may be caused contrary to the Constitution of Nepal and prevailing laws. Therefore, until a final decision is made by the full bench on the writ petition, no one should be compelled to submit property details,” the order states. “The investigation into the submitted property details should be kept as it is, and no recommendation should be made for any kind of legal action against anyone. An interim order to this effect has also been issued in the name of the respondent Property Investigation Commission in accordance with Rule 49(2)(a) of the Supreme Court Rules, 2074.”

The government formed the commission on 2 Baisakh 2083 under the chairmanship of former Supreme Court Justice Rajendra Kumar Bhandari. To investigate the property of high-ranking officials and employees who have held positions in governance and public office over the past 20 years (from 2062/63 to 2082/83), the government formed a five-member investigation commission under the chairmanship of former Supreme Court Justice Bhandari, including former Supreme Court Justices Purushottam Parajuli and Chandiraj Dhakal, former Deputy Inspector General (DIG) of Nepal Police Ganesh KC, and chartered accountant Prakash Lamsal.

The Supreme Court has also ordered the Nepal Bar Association and the Supreme Court Bar Association to send two senior advocates or advocates as amici curiae to assist the court. Advocate Premraj Silwal filed two separate writ petitions on 15 and 19 Baisakh, arguing that the Property Investigation Commission is unconstitutional and illegal and should be annulled from the outset.

The hearing, which began on Wednesday, concluded on Friday. The writ petitions argued that the commission was formed in violation of Article 28, Article 132, Article 239 of the Constitution, the Bangalore Principles of Judicial Conduct regarding judges and independent judiciary, and various Supreme Court decisions, and therefore should be annulled from the outset.

The Property Investigation Commission, formed under the leadership of a former Supreme Court justice, has already begun collecting complaints and property details and has started preliminary investigations. As of Wednesday, 13,660 individuals have submitted their property details to the commission, and 1,500 complaints have been registered. The commission has set the deadline for submitting property details as the end of Asar. Of the approximately 25,000 required to submit property details, only about half have done so. Similarly, former justices have publicly announced that they will not submit their property details.

Commission spokesperson Ganesh KC said that the commission has started both collecting property details and conducting investigations. According to him, the commission began opening bundles of registered complaints and details from Friday. In the first phase, 1,500 files were opened and investigations started, spokesperson KC said. “In four days, the commission has conducted a preliminary review of about 300 files,” spokesperson KC said, “This process will now move forward rapidly, and as we study the files, if any are found to be unnatural or suspicious, we will gradually recommend action.”

“The investigation takes place in two phases. First, there is the preliminary phase. Once that is completed, the commission will proceed with a detailed investigation process,” KC said. “The report of the detailed investigation will immediately reach the government and then the Commission for the Investigation of Abuse of Authority.”

Currently, serving employees, senior leaders of political parties, former ministers, sitting judges, former chief justices and former justices, former advisors appointed by the government to institutions, and expert advisors have enthusiastically submitted their property details, and this process will continue until the end of Asar, he said. He added that since the latest deadline is 32 Asar, a significant number of people have started coming to the commission to submit their details in recent days.

Who has submitted details so far?

Former Prime Ministers Madhav Kumar Nepal and Sushila Karki, former Chair of the Council of Ministers Khil Raj Regmi, former Deputy Prime Minister Ishwar Pokharel, former ministers Om Prakash Aryal, Raghuji Pant, and Yubaraj Gyawali, among others, have submitted their property details to the commission. Similarly, former Chief Justices Ram Kumar Prasad Shah, Gopal Parajuli, Om Prakash Mishra, Prakashman Singh Raut, and former Chief of Army Staff Rukmangat Katuwal have submitted their details. Most secretaries, including Chief Secretary Suman Raj Aryal, former Chair of the Public Service Commission Umesh Mainali, and former Chief Commissioner of the Commission for the Investigation of Abuse of Authority Suryanath Upadhyay, have also submitted their property details.

The commission has stated that former ministers Madhav Prasad Paudel, CP Mainali, Raghuji Pant, Bhim Rawal, and Rameshwar Khanal have submitted their property details. Likewise, former Chair of the Special Court and Chair of the 23 and 24 Bhadra Incident Investigation Commission Gauri Bahadur Karki, and former Chief Secretary and former Chair of the Commission of Investigation on Enforced Disappeared Persons Leeladevi Gadtoula have also submitted their property details.

According to the commission’s investigation, there are 52 retired justices of the Supreme Court or above (up to Chief Justice). Similarly, there are 48 retired chief judges of the High, Appellate, and Regional Courts, and 173 retired judges of the High, Appellate, and Regional Courts.

Commission spokesperson KC said that some former officials of the Election Commission, National Human Rights Commission, and Commission for the Investigation of Abuse of Authority have also submitted their details. According to him, property details are being submitted by mail, email, in person, or through representatives. “Recently, the number of people submitting property details has increased encouragingly. We believe everyone’s details will be received within the stipulated period,” he said.

Similarly, complaints have also been registered along with property details. He said that applications have been received requesting investigation into the property of relatives, family members, drivers, office assistants, and related persons of former ministers.