Supreme Court's second interim order on property investigation

An interim order was issued simultaneously in two cases on Wednesday in the name of the commission formed under the leadership of former Supreme Court Justice Rajendra Kumar Bhandari.

Ashad 31, 2083

Durga Dulal

Supreme Court's second interim order on property investigation

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The Supreme Court has issued an interim order for the second time in the name of the Assets Investigation Commission. The interim order was issued on Wednesday in two cases at once in the name of the commission formed under the leadership of former Supreme Court Justice Rajendra Kumar Bhandari.

The Supreme Court, which had earlier issued an interim order in the case of Advocate Prem Raj Silwal, has issued an interim order for the second time in a writ filed by Former Judges Forum President Top Bahadur Singh and Advocate Maniram Upadhyay. Singh had filed a writ on behalf of the Former Judges Forum claiming that the assets of former judges should not be investigated. Upadhyay, on the other hand, filed the writ after the Assets Investigation Commission issued another notice after the Supreme Court's order, stating that the assets of all judges except sitting judges and military officers should be submitted. A single bench of Justice Nripadhwaj Niraula issued an interim order on both the writs on Wednesday.

In a statement on Monday, the commission had informed that the investigation has been postponed only in the case of sitting and former judges of the Supreme Court and sitting and former military officers, and it is open in the case of others. 

The Supreme Court had issued an interim order in the name of the Property Investigation Commission on 26 Asad.  After the Supreme Court issued an interim order and sent the case to the full bench, it had clarified by issuing a statement after there was confusion as to whether the work of the commission would be stopped or not. 

The commission argued that the order was only for sitting judges or other officials and employees who are not under the jurisdiction of the Nepali Army or the Commission, as mentioned in the restrictive clause of Article 239 (1) of the Constitution of Nepal. 

The dispute had reached the court after the Property Investigation Commission published a notice on 29 Asad 2083, which was contrary to the order of the two-judge bench.

Durga

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