Nepal High Court Rules NGOs are 'Public Entities' Obligated to Disclose Internal and Financial Data

Kathmandu. The Patan High Court has ruled that Non-Governmental Organizations (NGOs) are also considered 'public entities,' mandating that they must provide their internal and financial details to citizens.

The court issued this verdict in a case filed after the Blue Diamond Society (Nil Hira Samaj), which works in the field of sexual and gender minorities, refused to provide its five-year records. A joint bench of Chief Justice Lal Bahadur Kunwar and Justice Basudev Neupane upheld the previous decision made by the National Information Commission.

The court clarified the definition of NGOs falling under the purview of public entities by interpreting the Right to Information Act, 2064 (2007 AD). The ruling stated, "Every Nepali citizen has the constitutional and legal right to access information held by public entities. The organization cannot evade providing information by raising technical issues such as the request being made via email or the applicant not providing citizenship details." The court determined that the organization's expenditures, decisions, and agreements with donor agencies are matters of public interest, not private confidentiality.

Numa Limbu had requested information from the Blue Diamond Society regarding the minutes of the organization's general assembly for the past five years, board meeting decisions, annual audits, employee salary details, consultant appointments, and agreements with donor agencies. After the organization refused to provide the information, she filed a complaint with the National Information Commission. The Commission ordered the Society on 2082 Kartik 20 (November 6, 2025 AD, approximately) to provide all information within seven days.

The Society appealed against the Commission's order in the High Court, claiming that providing the information would violate the "right to privacy" and that the "application was not properly filed."

The court also noted that according to Section 32 of the Right to Information Act, an appeal can only be filed in the High Court if the National Information Commission imposes a fine or penalty; therefore, an appeal against an order to provide information is not justifiable.

With this ruling, the Blue Diamond Society must now provide the five-year financial and administrative details to the information requester, Numa Limbu. This decision establishes a significant precedent for bringing other NGOs operating in Nepal under the scope of transparency and accountability.