KATHMANDU: The Supreme Court has issued an interim order stopping the government from publishing the report prepared by the high-level committee that investigated the Ncell share transaction.
During a preliminary hearing on a writ petition filed by Ncell Axiata Limited through its company secretary, Nishika Sharma, a single bench of Justice Bal Krishna Dhakal directed the government not to enforce its decision to disclose the report concerning the transfer of 80 percent of Ncell shares and ordered that the existing situation be maintained.
The court has also instructed the government to submit a written response within 15 days.
In the order, the court observed that public disclosure of the report could compromise the company’s commercial confidentiality and potentially affect investor interests.
It noted that the document contains information related to the company’s investments, operational practices, and certain business-sensitive matters, and that releasing it could create complications for the company’s functioning.
The court further said that publication of the report could interfere with privacy protections guaranteed by Article 28 of the Constitution, the Personal Privacy Act, 2075, the Income Tax Act, 2058, and the Right to Information Act.
The government had formed the investigation committee on December 7, 2023, under the coordination of former Auditor General Tanka Mani Sharma Dangal to examine the Ncell share deal.
The committee submitted its report on January 29, 2024. Ncell moved the Supreme Court after the government recently decided to make the report public.
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