Ncell has expressed strong disapproval regarding the government’s decision to make public an investigation report related to the company’s share transactions, threatening to pursue legal action.
Ncell has expressed strong objection to the government’s decision to release the ‘Study and Investigation Report on Ncell’s Share Purchase and Sale, 2080’, which is related to the company. Ncell claims that the government’s action of publishing this report infringes upon its right to privacy, guaranteed by the constitution and current laws. The company warned that it will seek necessary legal remedies.
In a press statement, Ncell mentioned that the investigation committee’s report, formed on August 12, 2026, under the coordination of former Auditor General Tankamani Sharma Dangal, was made public through the Ministry of Information and Communication’s website. This move followed a cabinet meeting decision from August 11, 2026.
The company accused the government of releasing sensitive information that should be kept confidential by law, all in the name of good governance, transparency, and ensuring public access to information. Ncell strongly opposed this step, making it clear that it reserves the right to seek legal remedies under national and international laws, treaties, and agreements.
Ncell stated that the government’s decision sends a message internationally that Nepal is not committed to protecting investor privacy and data security. The company added that this action has further negatively impacted the foreign investment environment.
According to Ncell, making public information that law requires to be kept confidential, without the consent of the involved parties, is highly objectionable. The company claims that the government overlooked that such actions might even constitute a criminal offense under existing laws.
Report Allegedly Published Against High Court Order
Ncell noted that the High Court dismissed a writ petition on July 15, 2026, which demanded the public release of the investigation committee’s report, and that ruling has become final.
The company asserts that since the court considered the report confidential, the government’s decision and action to publish it raises serious questions about respecting court orders, judicial dignity, and the constitutional and legal obligation to implement court rulings.
Ncell stated that the public release of a report deemed confidential, contrary to a court order, marks a historically unfortunate event.
Information Collected During Probe Should Also Be Confidential
Ncell argues that the information, details, and data collected by the committee formed to uncover facts during the study and investigation should also remain confidential.
While the government may use such information and details to determine if a crime occurred in any event, action, or transaction, to conduct further investigation, or to pursue prosecution, Ncell believes law does not permit them to be made public for unrestricted access by general citizens.
Ncell mentioned that information, details, and data related to the company’s investments and business operations are legally required to be kept confidential.
Allegations of Privacy Rights Violation Under Constitution and Laws
Ncell claims that publishing the report violates the right to privacy ensured by Article 28 of the Constitution of Nepal.
Furthermore, the company asserts that the provisions related to property privacy (Section 10), document privacy (Section 11), data privacy (Section 12), correspondence privacy (Section 13), character privacy (Section 15), and electronic media privacy (Section 19) of the Individual Privacy Act, 2075, have also been violated.
Ncell also indicated that the taxpayer’s right to privacy, guaranteed by Section 74 of the Income Tax Act, 2058, and Section 37 of the Value Added Tax Act, 2052, has been affected. The company claims that the government’s action also infringed upon the fundamental and legal rights of its shareholders, directors, and other stakeholders.
Ncell Argues Details Cannot Be Disclosed Without Consent
The company stated that clear authority, proper reason, and justification are required under laws passed by the legislature to make such sensitive details public.
Ncell claims that the Individual Privacy Act stipulates that details related to a person’s property, documents, data, and transactions remain with the respective individual. Therefore, such information cannot be made public or granted access to a third party without the consent of the involved person.
The company noted that this action goes against the constitution, current laws, and international practices.
Trust in Government Also Affected, Company Claims
Ncell asserted that the decision to publish the investigation report has negatively impacted the constitutional and legal commitments and trust placed in the government.
The company accuses the state’s action of flouting the law, going against the legal assurance that an individual’s or institution’s property, transactions, and documents remain confidential.
Ncell announced that necessary decisions will be taken on this matter, as the Individual Privacy Act provides for claims of punishment and compensation for actions that violate the law.
Claiming irreparable damage from the public disclosure of various confidential information related to the company, Ncell stated that it has affected the fundamental right to live with dignity and the right to freedom of trade and business for the company, its shareholders, directors, and beneficiaries.
AI Disclaimer: This article was originally published on https://bajarkochirfar.com. It has been translated with the help of AI. For the best understanding and accurate facts, we recommend reading the original Nepali version.
