Aug 13, Kathmandu - Ncell has strongly opposed the government's decision to make the report of the investigation committee public.

The company has said that this move is unconstitutional, a violation of confidentiality and a serious setback to Nepal's foreign investment environment.

The government had made public the 'Study and Investigation Report on Ncell's Share Purchase and Sale, 2080' submitted by the investigation committee formed under the coordination of former Auditor General Tanka Mani Sharma Dangal, following the decision of the Council of Ministers meeting on 2083/4/26 on the website of the Ministry of Information and Communications on 2083/4/27.

The company issued a statement on Sunday expressing deep concern over the disclosure of sensitive information that should have remained confidential.

Ncell has claimed that this is a violation of the right to privacy provided for in Article 28 of the Constitution of Nepal, the Personal Privacy Act, 2075, Section 74 of the Income Tax Act, 2058, and Section 37 of the Value Added Tax Act, 2052.

"We strongly condemn this government action and make it clear that we reserve the right to seek legal remedies in accordance with national and international laws and treaty agreements," the company said.

Contrary to the court order

Ncell has stated that the government has made the report public after the High Court dismissed the writ petition filed on 31/3/2083 demanding the publication of the same report and the decision has become final.

According to the company, this action is against the order of the esteemed court and is a serious violation of the constitutional and legal obligation to abide by the judicial dignity and the court's decision.

"The decision to make the report public, which was declared confidential by the esteemed court, and its publication is a historic and unfortunate incident," the statement said.

Impact on the investment environment

The company stated that this action has sent a message to the international community that the Nepalese government is not committed to investor privacy and data confidentiality and has further tarnished the foreign investment environment.

“This move will cause a loss of investor confidence, which will create a major obstacle to investment and business promotion, and in the long run, the country will suffer losses,” the company said.

Legal Basis

Ncell has clarified that the information, details and data collected by the investigation committee during the study are confidential and the government can use the materials to determine whether there has been any wrongdoing, conduct further investigation or prosecute, but there is no law authorizing their publication in a way that is accessible to the general public.

In addition, the company claims that publishing things that are confidential by law without the consent of the person concerned is a criminal offense under the prevailing law and has caused irreparable damage to the company.

The report recommended not to approve Ncell's current share purchase agreement in its current form and concluded that most of the 14 share transactions since the company's establishment were through foreign financial structures, which lacked transparency.