KATHMANDU, Aug 13: Ncell has strongly condemned the government’s recent step of publicising the company’s share transactions, stating that it is a violation of the right to privacy guaranteed by the Constitution of Nepal.
Showing serious concerns over the government making public a report titled “Ncell’s Share Purchase-Sale Related Study and Investigation Report, 2023 (2080),” Ncell said the move also contradicts court order. The telecommunication company has further warned that it reserves the right to seek legal remedies in accordance with national and international laws as well as treaties and agreements.
The Council of Ministers on Tuesday decided to make the study report public on the following day. The study was conducted by an investigation committee chaired by Tankamani Sharma Dangal.
Beyond the object on display
“It has come to our knowledge that, under the pretext of ensuring good governance, transparency and citizens’ access to information, the report has been made public through the website of the Ministry of Information and Communications, thereby scattering sensitive information that the law itself requires to be kept confidential,” reads a press release of Ncell.
The multinational telecommunication company states the recent action has sent a message at the international level that the government is not committed to the privacy of investors and the confidentiality of data. It has further clouded the environment for foreign investment. Moreover, publishing matters that the law requires to be kept confidential without the consent of the concerned persons, without even considering that such publication constitutes a criminal offence under prevailing law, is an extremely regrettable act, the company stated.
Earlier, the Patan High Court on July 15, 2026 had dismissed a writ petition seeking the investigation committee’s report to be made public on matters pertaining to public rights and concerns. Deciding to publicise the investigation report and actually publicising it in a manner contrary to that order constitutes, in itself, a serious violation of the constitutional and legal duty to respect the orders of the court and to uphold judicial dignity and compliance with the court’s decisions and judgements, argues Ncell.
“The decision to publicise and the actual publication of a report that the court had held to be confidential is a historically unfortunate event.”
Information, details and particulars collected by an investigation committee formed to ascertain the truth during the course of study and investigation remains confidential, says Ncell, arguing that the Government of Nepal may take those information, details and particulars and use them to determine whether any offence has been committed in relation to the relevant incident, act or transaction, to conduct further investigation, and to prosecute. It cannot, however, publish or make them available in a manner that allows unrestricted access by the general public, adds the statement. “No law has authorised such action,” the statement reads.
Ncell argues that investment and business-related matters, information, details and particulars of any company are confidential by law itself. According to the company, the publication of the investigation committee’s report has clearly violated the right to privacy guaranteed to this company under Article 28 of the Constitution of Nepal; the right to privacy of property under Section 10, the right to privacy of documents under Section 11.
The statement further says that the government’s decision also violated the right to privacy of data under Section 12, the right to privacy of correspondence under Section 13, the right to privacy of character under Section 15, and the right to privacy of electronic media under Section 19 of the Individual Privacy Act, 2018; as well as the right to privacy of taxpayers under Section 74 of the Income Tax Act, 2058 and Section 37 of the Value Added Tax Act, 2052. This step by the Government has also violated the fundamental and legal rights of the shareholders, directors and stakeholders of this company as well, according to Ncell.
