Kathmandu, August 13: Ncell has strongly objected to the Government of Nepal’s decision to make public the investigation report concerning the company’s share purchase and sale, arguing that the move violates legal provisions on confidentiality and the constitutional right to privacy.
In a statement issued on Thursday, Ncell said it learned that the Cabinet, on August 11, 2026, decided to make public the report prepared by the investigation committee chaired by Tankamani Sharma Dangal, titled “Ncell’s Share Purchase-Sale Related Study and Investigation Report, 2023 (2080).”
According to Ncell, the report was subsequently published on August 12 through the website of the Ministry of Information and Communications under the justification of promoting good governance, transparency and citizens’ access to information.
The company said the publication has exposed sensitive information that is legally required to remain confidential.
Ncell says government action violates privacy rights
Ncell has condemned the government’s decision, claiming that the publication violates the right to privacy guaranteed by the Constitution of Nepal and various existing laws.The company said it reserves the right to pursue legal remedies under applicable national and international laws, treaties and agreements.
Ncell further argued that the government’s action could send a negative message internationally regarding Nepal’s commitment to protecting investor privacy and confidential business information.According to the company, such a development could further undermine the environment for foreign investment in Nepal.
Company questions publication despite court proceedings
Ncell also raised questions over the legal basis for making the investigation report public.The company stated that a writ petition filed in the public interest seeking publication of the investigation committee’s report was dismissed by the High Court on July 15, 2026, and that the decision had become final.
Ncell argues that the subsequent decision to publish the report, and its actual publication, is contrary to the obligation of the state to respect court decisions and maintain judicial dignity.The company described the publication of a report that it says had been treated as confidential by the court as a “historically unfortunate event.”
Investigation information does not automatically become public, Ncell says
Ncell said information, documents and details collected by an investigation committee to establish facts may be used by the government for further investigation, determining whether an offence has been committed and initiating prosecution where necessary.
However, the company argued that this does not give the government an unrestricted right to publish such information for public access.“No law has authorised such action,” the company said in its statement.
Ncell cites constitutional and tax confidentiality provisions
Ncell referred to Article 28 of the Constitution of Nepal, which guarantees the right to privacy, and cited several provisions of the Individual Privacy Act, 2018 relating to privacy of property, documents, data, correspondence, character and electronic media.
The company also referred to confidentiality provisions under the Income Tax Act, 2058 and the Value Added Tax Act, 2052, arguing that taxpayer-related information is also protected by law.Ncell said the publication of the report has affected not only the company’s rights but also the privacy and legal rights of its shareholders, directors and other stakeholders.
Company warns of legal action and damage
Ncell said legislative authorization, legitimate grounds and proper justification would have been required to disclose such sensitive information.The company further accused the government of breaching the trust and confidence placed in it by investors and businesses.
According to Ncell, the disclosure of confidential information has caused irreparable damage to the company and affected the fundamental rights of the company, its shareholders, directors and beneficiaries.Ncell also noted that the Individual Privacy Act provides for punishment and compensation in cases involving prohibited disclosure of protected information.
The company said it would take necessary decisions regarding further legal action.The statement comes amid renewed debate over the government’s decision to make public the investigation report into Ncell’s share transaction and raises broader questions about the balance between transparency, public access to information, investor confidentiality and the right to privacy in Nepal.
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