KATHMANDU: The Supreme Court is scheduled to hear today a petition filed against the Property Investigation Commission formed by the Rastriya Swatantra Party-led government.
The petition challenges the legality of the commission and seeks its annulment, arguing that it is unconstitutional.
Advocate Prem Raj Silwal filed the writ on Tuesday, claiming that the government’s decision to form a separate commission is legally flawed.
The petition argues that the establishment of a new body to investigate the assets of public office holders is unconstitutional because the Commission for the Investigation of Abuse of Authority already exists as the constitutionally mandated institution for investigating corruption and illicit wealth.
It further states that creating a parallel mechanism bypasses the authority of the CIAA and contradicts constitutional provisions.
The government formed the Property Investigation Commission on Baisakh 2 under the leadership of former Supreme Court Justice Rajendra Kumar Bhandari.
The five-member commission has been tasked with investigating the assets of senior officials from 2006 onwards. Its mandate covers individuals currently in office, retired officials, and those removed from service, as well as their family members.
The commission will carry out detailed scrutiny and collection of information on assets held both within the country and abroad.
As per its terms of reference, the commission is required to submit its report to the Office of the Prime Minister and Council of Ministers.
The government has also set a provision requiring the implementation of the commission’s recommendations within 45 days of submission.
With the petition scheduled for hearing today, the Supreme Court is expected to begin preliminary proceedings on whether the commission can continue its work or if its formation warrants judicial intervention.
The case is likely to draw attention due to its implications on anti-corruption mechanisms and the constitutional balance between institutions.
Comment