Kathmandu–
Ncell has accused the Government of Nepal of violating the company’s constitutional and legal right to privacy by making public a report of an investigation committee formed in relation to the company’s share purchase and sale.
Issuing a statement on Thursday, Ncell said the report titled “Ncell’s Share Purchase-Sale Related Study and Investigation Report, 2023 (2080),” prepared by an investigation committee coordinated by Tankamani Sharma Dangal, was made public on August 12, following a decision reportedly taken by the Council of Ministers on August 11, 2026.
The company said sensitive information that is required to remain confidential under prevailing laws was made public through the website of the Ministry of Information and Communications in the name of ensuring good governance, transparency and citizens’ access to information.
Ncell strongly condemned the government’s decision, stating that it violated the right to privacy guaranteed by Article 28 of the Constitution of Nepal. The company said it reserves the right to seek legal remedies under national and international laws, treaties and agreements.
According to Ncell, the government’s action has sent a message internationally that Nepal is not committed to protecting investor privacy and data confidentiality. It said the move could further undermine the environment for foreign investment in Nepal.
The company also said publishing information that is legally required to remain confidential without the consent of the concerned persons could constitute a criminal offence under prevailing law.
Ncell said a writ petition filed on a matter of public interest seeking the publication of the investigation report had been dismissed by the High Court on July 15, 2026, and that the dismissal had become final. The company argued that making the report public despite the court’s decision was contrary to the court’s order and constituted a serious violation of the constitutional and legal obligation to respect judicial decisions and uphold judicial dignity.
The company said information, details and documents collected by an investigation committee during its investigation also remain confidential. While the government may use such information to determine whether an offence has been committed, conduct further investigation or initiate prosecution, it cannot make such information publicly accessible without legal authority, Ncell argued.
Ncell further claimed that information relating to the investment, business activities, transactions and other affairs of a company is protected by law. It said publication of the investigation report violated the company’s rights under Article 28 of the Constitution and various provisions of the Individual Privacy Act, 2018, including provisions concerning the privacy of property, documents, data, correspondence, character and electronic communications.
The company also referred to the confidentiality provisions under Section 74 of the Income Tax Act, 2058 and Section 37 of the Value Added Tax Act, 2052, arguing that the government’s decision had also affected the fundamental and legal rights of its shareholders, directors and beneficiaries.
Ncell said legislative authority, a legitimate reason and proper justification would be required to make such information public. Citing the Individual Privacy Act, the company said information relating to an individual’s property, documents, data and transactions cannot be published or made accessible to third parties without the consent of the concerned person.
The company described the publication of the report as a “Breach of Trust and Confidence” by the government and said such an action was contrary to the principles of democratic governance and the rule of law.
Ncell said it would take necessary legal decisions regarding the breach of confidentiality. It claimed that the government’s action had caused irreparable damage to the company and affected the fundamental rights of the company, its shareholders, directors and beneficiaries, including the right to live with dignity and the freedom to conduct business.
The company further warned that the government’s action could undermine investor confidence and create significant obstacles to investment and business promotion, potentially causing long-term losses to the country.