A writ petition has been filed at the Supreme Court against the commission formed by the government to investigate the assets of officials and employees who have held high state positions after 2006.
The petition filed by advocate Prem Raj Silwal, claiming that the asset investigation commission formed by the Government of Nepal is unconstitutional, has been registered, said Supreme Court spokesperson Arjun Prasad Koirala.
"I would like to inform you that a hearing on the registered petition will take place tomorrow before a single bench," Koirala added.
The petition argues that while the Commission for the Investigation of Abuse of Authority already exists as a constitutional body to investigate the assets of those who have held public office, the new commission was formed bypassing it and should therefore be scrapped.
The government formed a five-member “Asset Investigation Commission,” with former Supreme Court justice Rajendra Kumar Bhandari as its chairman, through a Cabinet decision on April 15.
Bhandari took the oath of office and secrecy before Acting Chief Justice Sapana Pradhan Malla on April 22.
Other members of the commission include former appellate court chief judge Purushottam Parajuli, former high court judge Chandi Raj Dhakal, former deputy inspector general of police Ganesh KC, and chartered accountant Prakash Lamsal.
The commission was formed under the Commissions of Inquiry Act, 1969, and its terms of reference have already been approved by the government.
With a one-year mandate, the commission will collect and conduct detailed investigations into the assets – both in Nepal and abroad – of current, retired, or former public officials and their family members.
After completing its investigation, the commission must submit its report to the Office of the Prime Minister and Council of Ministers, and the government is required to implement the report within 45 days.
The commission has pledged to work independently, impartially, and professionally without influence or pressure. It will collect complaints through written, verbal, electronic means, and social media.
Meanwhile, the Office of the Prime Minister and Council of Ministers has stated that it has begun the process of selecting 32 staff members required for the commission. The commission’s staff will also be required to publicly disclose their assets within one week of assuming office.
