KATHMANDU: Chief Justice (CJ) Manoj Kumar Sharma has transferred the case related to the Property Investigation Commission to the Constitutional Bench of the Supreme Court by exercising the authority granted to him under the Constitution.
Supreme Court spokesperson and Joint Registrar Arjun Prasad Koirala said the decision was made a few days ago under Article 137(3) of the Constitution, which allows cases involving important constitutional questions to be heard by the Constitutional Bench.
The matter had previously been referred to a full bench after a division bench of Justices Tek Prasad Dhungana and Shreekanta Paudel issued an order on July 10 preventing authorities from compelling individuals to submit details of their property.
The two justices concluded that the dispute involved significant issues of legal interpretation and therefore required consideration by a full bench. The Supreme Court administration subsequently transferred the case to the Constitutional Bench through a note order.
The Nepal Bar Association has objected to the transfer, describing the procedure as unusual. In a statement, the association questioned why a pending case of national importance was assigned to a specific bench through a note order rather than through judicial argument and deliberation during a hearing.
The association further warned that selective constitution of benches and allocation of cases could weaken judicial independence and urged the chief justice to address the concerns raised over the process.
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