Supreme Court Halts Property Investigation for Former Judges and Military Personnel

Kathmandu. The Supreme Court has issued an interim order not to compel former judges and former military personnel to submit their property details in a writ petition filed regarding the investigation of their assets by the property investigation commission formed by the government. A joint bench of Justices Tekprasad Dhungana and Shrikant Poudel had issued an interim order in the name of the property investigation commission on Asar 26. The Supreme Court has sent this matter to a full bench after questions arose about the jurisdiction of investigating the property of former judges and former soldiers when the interim order was issued.

The joint bench of Justices Tekprasad Dhungana and Shrikant Poudel, while hearing the writ filed by advocate Dr. Premraj Silwal on Friday, based its order primarily on the provisions of Article 239 of the Constitution. The court stated in its order: Article 239 (2) of the Constitution provides that the Commission for the Investigation of Abuse of Authority (CIAA) can investigate individuals who have been removed from office after an impeachment motion is passed, judges removed by the Judicial Council, and individuals subjected to action under the Army Act, after they have been removed from office. This means that the constitution itself has entrusted a specific body (CIAA) with the authority to investigate former judges and former soldiers. The Supreme Court concluded that when the constitution grants authority to the CIAA, the Council of Ministers forming a separate property investigation commission to demand property details and investigate former judges and soldiers would be a violation of jurisdiction.