Jun 04, Kathmandu - Former Chief Justice and retired Supreme Court judges have decided not to submit their property details to the Asset Investigation Commission. They concluded that the commission’s request for property disclosures and related investigations are unconstitutional and inconsistent with prevailing laws.

The decision comes after a series of discussions among retired judges regarding the confusion caused by the commission’s letter. A comprehensive meeting was held on Jestha 17 (June 1), involving former Chief Justices, retired Supreme Court judges, high court judges, and district court judges.

Prominent participants included former Chief Justices Om Prakash Mishra, Ramkumar Prasad Shah, Gopal Parajuli, and retired Supreme Court justices Top Bahadur Singh, Krishna Jung Raiyamajhi, Baidyanath Upadhyay, along with law professor Pawan Ojha. According to Yuvraj Subedi, secretary of the Former Judges Forum, over 70 retired judges participated in the discussions.

The forum’s legal review, led by retired judges, analyzed relevant constitutional provisions, including Articles 101, 142(1)(g), 149(6)(g), 239(1) & (2), and 28. Based on this thorough legal study, they reached a consensus that compelling retired judges to disclose their assets violates the Constitution.

Yuvraj Subedi stated that the judges have now collectively decided not to provide their property details to the commission. The forum’s legal review was prompted by the confusion following the commission’s request, leading to an examination of constitutional provisions and legal frameworks governing the matter.

The constitutional articles referenced outline the processes related to the impeachment, appointment, and removal of judges, as well as the investigative authority of the Commission Against Corruption concerning misconduct by public officials.

With this decision, debates over the scope and constitutional validity of the Asset Investigation Commission’s authority are expected to intensify, signaling a pivotal moment in the ongoing legal and political discourse surrounding judicial immunity and oversight in Nepal.