Supreme Court issues interim order not to investigate asset details of judges
The Supreme Court has issued an interim order directing that the submitted asset details be kept in their current state without investigation and that no recommendation for legal action be made against anyone.
KATHMANDU: The Supreme Court has issued an interim order directing that no investigation be conducted into the asset details of former judges.
The Court issued this interim order to the Asset Investigation Commission, directing it not to compel former judges to submit their asset details.
A bench comprising Supreme Court Justices Tek Prasad Dhungana and Shrikanta Paudel issued the interim order, directing that individuals covered by the special provisions of Article 239 of the Constitution of Nepal not be forced to submit asset declarations.
Article 239 of the Constitution of Nepal stipulates that the Commission for the Investigation of Abuse of Authority (CIAA) cannot investigate individuals liable to removal from office via impeachment, judges liable to removal by the Judicial Council, or persons subject to action under the Army Act. However, the CIAA is authorized to investigate them if they are removed from office through impeachment, by the Judicial Council, or under the Army Act.
The Supreme Court issued an interim order directing that no one be compelled to submit details of their assets until the matter is finally resolved by a Full Bench.
The Supreme Court has issued an interim order directing that the submitted asset details be kept in their current state without investigation and that no recommendation for legal action be made against anyone.
Noting that the writ petition involves serious and complex constitutional and legal questions, the Supreme Court has ordered that the petition be placed before a Full Bench.