Ncell Share Sale Dispute: Supreme Court Issues Interim Order Against Report Release
16th August 2026, Kathmandu
The Supreme Court of Nepal issued an interim order barring the Nepal government from making the “Ncell Share Purchase-Sale Study and Investigation Report, 2080” public. The stay order follows a writ petition filed by Ncell Axiata, alleging that the unauthorized release of the investigative report violates constitutional privacy protections, taxpayer confidentiality, and trade secrecy laws.
Ncell Share Sale Dispute Supreme Court
The single bench of Justice Bal Krishna Dhakal directed the government to maintain the status quo and suspend all actions related to the report’s publication until the court reaches a final verdict.
15-Day Show-Cause Notice Issued to Government Bodies
In its ruling, the apex court observed that withholding the report from the general public would not impede the government from taking necessary legal or regulatory administrative actions internally based on the findings.
The court issued a show-cause notice requiring a formal written response within 15 days from key government entities:
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Office of the Prime Minister and Council of Ministers (OPMCM)
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Ministry of Home Affairs
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Ministry of Information and Communication
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Nepal Telecommunications Authority (NTA)
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The administrative bodies must submit their legal grounds through the Office of the Attorney General within the given timeline.
Key Legal and Privacy Rights at Stake
The probe report—prepared by a panel led by former Auditor General Tanka Mani Sharma Dangal—investigated the controversial transfer of an 80% foreign equity stake in Ncell.
The Supreme Court noted that the document contains sensitive proprietary information, shareholder details, operational methodologies, and trade secrets. Public exposure of this data creates severe commercial risks for investors and sets a precedent that could negatively impact foreign direct investment (FDI) in Nepal’s tech and telecom sectors.
According to the petition, the unilateral publication of the report breaches several statutory provisions:
| Statutory Framework | Violated Provision / Scope |
| Constitution of Nepal | Article 28 (Fundamental Right to Privacy) |
| Individual Privacy Act, 2075 | Sections 10, 11, 12, 13, 15, and 19 (Property, Data, and Electronic Confidentiality) |
| Income Tax Act, 2058 | Section 74 (Taxpayer Data Confidentiality) |
| Value Added Tax Act, 2052 | Section 37 (Taxpayer Data Confidentiality) |
| Right to Information Act, 2064 | Section 3(3)(c) (Protection of Commercial Secrets) |
Contradiction with Previous Court Submissions
Ncell pointed out that during a previous High Court proceeding regarding a public interest litigation (PIL) demanding the report’s release, the Cabinet itself argued against publication. In that case, Government Secretary Pushkar Sapkota submitted a written clarification stating that the report contained non-disclosable economic and managerial details under Section 3 of the Right to Information Act.
Following the High Court’s dismissal of the PIL, the government’s sudden reversal—deciding on August 10 to publicly release the document via the Communication Ministry—constituted what Ncell termed a breach of public trust and legal consistency.
Ncell maintained that while state authorities have the right to review corporate transactions for regulatory compliance, broadcasting sensitive trade secrets publicly violates criminal and civil privacy standards, potentially harming Nepal’s reputation among international investors.
For more: Ncell Share Sale Dispute Supreme Court
