The Supreme Court annulled the government's decision of March 31, 2026, not to provide government advertisements to private media through a writ of mandamus.
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The Supreme Court, by publishing the full text of its verdict, has ordered the Government of Nepal not to discriminate against private media in government advertisements. By releasing the full text of the decision made on 30 Asar on Wednesday, the joint bench of Supreme Court Justices Sharanga Subedi and Nripadhwaj Niraula has ended discrimination in advertisements.
The Supreme Court had annulled the government's decision of 18 Chaitra 2082 not to provide government advertisements to private media through a writ of mandamus.
The full text of the verdict states, ‘Since there is no legal provision in the Act Regulating Legal Arrangements for Non-Discriminatory Treatment of Public and Private Media, Publication and Broadcasting of Government Information or Advertisements, 2076, and others, for the government to treat public and private media differently, the decision made by the respondent on 2082.12.18, which adversely affects the right to communication and ultimately the enjoyment of freedom of thought and expression, cannot be considered in accordance with the Constitution and law. Therefore, since the disputed decision and correspondence dated 2082.12.18 by the Secretary of the Office of the Prime Minister and Council of Ministers cannot remain in effect, it is annulled by a writ of mandamus in accordance with Article 133(2) and (3) of the Constitution of Nepal.’
After the full text of the verdict was published, Advocate Luintel, the authorized representative of the Media Society, said that the Supreme Court's decision not only ended discrimination in the media but also acted as a lifeline to save Nepal's media industry. ‘Since the budget for Nepali media advertisements, amounting to 10 billion rupees for both government and private media, will now be divided proportionally, private media have been saved from the risk of perishing simply because they did not receive advertisements,’ said Luintel.
Advocate Luintel had filed a writ petition at the Supreme Court on 24 Chaitra demanding the annulment of the discriminatory decision and circular of 18 Chaitra. The final hearing on the writ was completed on 22 and 23 Asar.
By making a secretarial-level decision on 18 Chaitra, the Office of the Prime Minister and Council of Ministers had issued a circular to all agencies, deciding that when publishing and broadcasting government advertisements and information through media, the Government of Nepal, provincial governments, local levels, and all public bodies operating under them and using public funds would publish and broadcast their information only through Gorkhapatra Corporation, Radio Nepal, Nepal Television, and other government-owned media.
