KATHMANDU: The Supreme Court has issued an interim order directing the Property Inquiry Commission to halt all its activities immediately.
A division bench of Justices Tek Prasad Dhungana and Shrikanta Paudel issued the order on Friday during a preliminary hearing on a writ petition filed by Advocate Prem Raj Silwal. In his petition, Silwal has challenged the constitutionality of the commission, arguing that it was formed in violation of the constitution. He has demanded an apex court order to suspend its operations.
The cabinet formed the five-member commission under the leadership of former Supreme Court Justice Rajendra Kumar Bhandari in April to investigate the property of public office holders and political leaders since 2006.
Pending a final verdict by the constitutional bench, the Supreme Court ordered the commission not to proceed with any of its functions, including seeking asset disclosures from individuals. “As the situation appears to cause irreparable damage by being contrary to the constitution and prevailing laws, an interim order has been issued in the name of the defendant as per Rule 49(2)(a) of the Supreme Court Rules, 2017 not to compel anyone to submit asset details until this writ petition is settled by a full bench, to keep the investigation process on any submitted asset details in status quo, and not to recommend or cause recommendation of any type of legal action against anyone,” the order reads.
Meanwhile, the Supreme Court has sought a four-member amicus curiae, two each from the Nepal Bar Association and the Supreme Court Bar Association, to assist the constitutional bench in adjudicating the case.

Himal Press