Property Investigation Commission Work Halted by Supreme Court Order

Kathmandu. Although 12,000 people have submitted their property details to the Property Investigation Commission, the commission's work has been stalled for two days. All activities of the commission have been stopped since Wednesday after a single bench of Supreme Court Justice Nripadhwaj Niroula issued an interim order.

According to the commission's chairman Rajendra Kumar Bhandari, all work has been kept in status quo following the court's order. The commission had been collecting property details and receiving complaints with a deadline of Asar 32. Chairman Bhandari said, 'After the court's order, no work will proceed. So far, 12,000 have submitted property details and 2,000 have filed complaints.'

Former Chief Justices, former Prime Ministers, former Ministers, former MPs, government employees, former officials of state-owned enterprises, and administrators have submitted their property details to the commission. 'We had started investigating some complaints, but all those works have been put on hold,' said Chairman Bhandari. 'After the court's order, we have not taken any property details from anyone.' He stated that the commission has also issued a public notice regarding this.

After the Supreme Court issued an interim order in the name of the Property Investigation Commission on Asar 26, it had prepared to proceed with the investigation of everyone except former Nepali Army and former judges by issuing a notice on Asar 29. However, advocate Dr. Premraj Silwal filed a contempt of court petition stating that the notice was issued by misinterpreting the Supreme Court's order. In that case, the Supreme Court has issued a show-cause order in the name of the commission's officials.

Earlier, advocate Maniram Upadhyay had filed a writ in the Supreme Court on Asar 30 seeking to quash the commission's notice. The writ demanded that the commission's notice should be quashed by a writ of certiorari. The Supreme Court issued an interim order in that writ, completely halting the investigation work.

On Asar 26, the joint bench of the Supreme Court had ordered that the writ related to testing the validity of the commission be decided by a full bench. It was sent to the full bench, stating that six serious constitutional and legal questions needed to be resolved. While issuing the interim order, Justices Tekprasad Dhungana and Srikanth Poudel's bench stated, 'If the scope of investigation is determined, it will be contrary to the Constitution of Nepal and prevailing laws, and irreparable damage will occur. Therefore, until the final decision is made by the full bench on the present writ petition, no one should be compelled to submit property details, the work of investigating submitted property details should be kept in status quo, and no legal action should be recommended against anyone.'

The Property Investigation Commission has provided the form for details to be submitted by those falling within the scope of investigation. The 12-page 'Property Details Form' requires disclosure of personal details and even assets held abroad.

After the formation of the commission to investigate the property of retirees, a public notice was published in Gorkhapatra on May 31, inviting officials falling within the scope of investigation to fill out their and their family's property details within one month. Along with filling out the property details form, the commission also issued another notice inviting any complaints related to officials falling within the scope of investigation.

The commission has been given the mandate to investigate property for the period from fiscal year 062/063 to Asar end 082. Not only for 062/063, but if someone joined government service in 2058 and is still in service, they will have to fill out and submit property details from 2058.

How many high-ranking officials retired after 2062/063?

According to the Pension Management Office under the Office of the Controller General of Accounts, there are currently 365 retired secretaries of the special category receiving pensions. One additional secretary, 15 chief secretaries, and 1,771 joint secretaries who have retired are receiving pensions. Fifteen individuals who reached the position of chief of constitutional bodies and seven individuals including the Secretary-General and Secretary of the Parliament Secretariat are receiving pensions.

Among the security agencies, the Armed Police Force has 86 retired Senior Superintendents of Police, 48 Deputy Inspectors General of Police, 19 Additional Inspectors General of Police, and eight Inspectors General. Similarly, in the Nepal Police, there are 152 Senior Superintendents of Police, 118 Deputy Inspectors General of Police, 102 Additional Inspectors General of Police, and 15 Inspectors General.

12-Page Property Details Form for Those Under Investigation Scope

The Property Investigation Commission has provided the form for details to be submitted by those falling within the scope of investigation. The 12-page 'Property Details Form' requires disclosure of personal details and even assets held abroad.

The property details form requires filling in personal and family details. Point no. 3 requires details of remuneration and allowances of family members currently living together, details of the number of times elected or appointed by nomination, details of political appointments if a serving/retired employee or official, details of foreign assets and income generation (study/visit/training/mission/participation in ceremonies), details of any remittance income received from abroad, and details of funds received from the treasury.

Similarly, for immovable property, there is a format for filling in details of houses, land, agriculture and livestock, and investment in industries/businesses/partnerships/companies. For movable property, details of balances in banks and financial institutions and cooperatives, details of shares/bonds/debentures/others, details of balances in foreign banks/financial institutions, details of gold/silver/other precious jewelry, details of vehicles and mechanical and electrical equipment, details of loans taken/given/repaid, and details of other assets must also be filled in.