काठमाडौं ।
Ncell has strongly objected to the Nepal government’s decision to make public a report concerning the company’s share purchase and sale, arguing that the disclosure violated confidentiality obligations and amounted to a “Breach of Trust and Confidence.”
Publishing a press release today, the company said news reports have stated that the Council of Ministers decided on August 11, 2026, to make public the “Ncell’s Share Purchase-Sale Related Study and Investigation Report, 2023 (2080),” prepared by an investigation committee chaired by former auditor general Tankamani Sharma Dangal. The report was subsequently made public through the website of the Ministry of Information and Communications on August 12, 2026, according to Ncell.
Ncell said it strongly condemns the government’s decision, arguing that sensitive information that the law requires to remain confidential has been disclosed under the stated objectives of promoting good governance, transparency and citizens’ access to information.
Ncell says government breached its commitment to confidentiality
The company argues that the publication of the report violates the right to privacy guaranteed by Article 28 of Nepal’s Constitution and various provisions of Nepal’s privacy and tax laws.
Ncell said the government’s action has also raised concerns about Nepal’s commitment to protecting the confidentiality of investors and their data.
According to the company, the disclosure could send a negative message internationally about Nepal’s investment environment and create additional uncertainty for foreign investors.
Ncell also argued that publishing information that is legally required to remain confidential without the consent of the concerned parties could constitute a criminal offence under prevailing law.
Company challenges publication on grounds of court decision
Ncell has also raised an issue concerning a previous court proceeding over the publication of the investigation report.
According to the company, a writ petition filed in relation to the public interest and seeking publication of the investigation committee’s report was dismissed by the High Court on July 15, 2026, and the decision had become final.
Ncell therefore argues that the government’s subsequent decision to publish the report, and the publication itself, runs contrary to the court’s decision.
The company described the publication of what it says was a confidential report despite the court proceedings as a “historically unfortunate event”, arguing that the government has a constitutional and legal obligation to respect judicial decisions and uphold judicial dignity.
Ncell says investigation materials cannot automatically become public
Ncell has drawn a distinction between the government’s right to use information obtained through an investigation and the right to make such information publicly accessible.
The company said information, details and documents collected by an investigation committee may be used by the government to determine whether an offence has occurred, conduct further investigation or pursue prosecution where necessary.
However, Ncell argues that this does not give the government the authority to publish such material in a way that provides unrestricted access to the general public.
According to the company, no law has authorised the government to make such investigation materials publicly available without restriction.
Privacy laws cited by Ncell
Ncell has specifically cited several provisions of Nepal’s legal framework that it says protect the confidentiality of information contained in the report.
The company referred to Article 28 of the Constitution and Sections 10, 11, 12, 13, 15 and 19 of the Individual Privacy Act, 2018, covering privacy of property, documents, data, correspondence, character and electronic communications.
It has also cited Section 74 of the Income Tax Act, 2058 and Section 37 of the Value Added Tax Act, 2052, arguing that these provisions protect taxpayer confidentiality.
Ncell said the publication of the report has therefore affected not only the company but also the rights of its shareholders, directors and beneficiaries.
‘Government needed legal authority and justification’
The company argues that making such information public would have required clear legislative authorisation, a proper legal basis and sufficient justification.
Ncell said the Individual Privacy Act was enacted specifically to protect the constitutional right to privacy and regulate access to private information.
According to the company, information concerning an individual’s property, documents, data and transactions remains vested in the concerned person, and such information cannot be published or made accessible to third parties without the person’s consent where the law protects it as confidential.
On that basis, Ncell argues that making the investigation report publicly accessible is contrary to the Constitution, prevailing laws and international practice.
‘Breach of Trust and Confidence’
At the heart of Ncell’s objection is its claim that the government has breached the trust and confidence that investors are entitled to place in the state.
The company said the publication of the report represents a “Breach of Trust and Confidence” because the state had provided constitutional and legal assurances that private property, transactions and documents would remain confidential.
Ncell argues that such a breach is fundamentally inconsistent with a democratic system based on the rule of law.
The company further said that a state cannot provide legal guarantees protecting confidential business and investment information and subsequently disclose such information in a manner contrary to those guarantees.
Ncell reserves right to seek legal remedy
Ncell said the disclosure has caused irreparable harm to the company by compromising the confidentiality of information relating to its business and investments.
The company also said the disclosure has affected the fundamental rights of Ncell, its shareholders, directors and beneficiaries, including the right to live with dignity and the freedom to conduct business.
Ncell noted that the Individual Privacy Act provides for punishment of offences and mechanisms for seeking compensation for prohibited disclosure of private information.
It said it would therefore take necessary decisions regarding legal action, while expressly reserving its right to pursue remedies under Nepal’s national laws as well as applicable international laws, treaties and agreements.
For Ncell, the dispute is therefore no longer limited to whether the government should make the share transaction investigation report available to the public. The company is framing the issue as one involving investor confidentiality, privacy rights, judicial compliance and the credibility of the state’s commitments to investors.
प्रकाशित: २९ श्रावण २०८३, शुक्रबार
