Pokhara, 5 November. The Supreme Court has issued a show cause order to the government, demanding a written response regarding a writ petition challenging the legitimacy and impartiality of the Inquiry Commission formed to investigate the incidents of Bhadra 23 and 24. The joint bench of Acting Chief Justice Hari Prasad Phuyal and Justice Aziz Musalman delivered the order on Wednesday. The writ petition, filed by Bipin Dhakal, alleges that the Commission’s Chairman, Gauri Bahadur Karki, had made prejudiced and inflammatory statements prior to the commission’s formation, thus rendering the body incapable of conducting an impartial investigation.
The apex court’s order specifically requires the government to clarify the “objective and intent” behind the public statements made by the Chairman or members, which were presented with the petition. The court’s decision noted that while the commission was formed under Section 3(2) of the Inquiry Commission Act, 2026, it is crucial to determine whether the principle of bias under the doctrine of natural justice would be invoked if the officials expressed preconceived notions regarding the subject matter of the investigation. The order stated, “It is necessary to ascertain whether the principle of bias would be attracted if a pre-existing notion is expressed while performing any administrative or judicial function of inquiry or investigation.”
The writ petition, which names the Office of the Prime Minister and Council of Ministers (Singha Durbar) as an opposing party, accuses the Inquiry Commission of lacking neutrality and being prejudiced against the subject matter. However, the Supreme Court stated that since the request for an interim order involves a matter that requires resolution through a full hearing, it found it unnecessary to issue the interim order immediately. The petition was filed against Chairman Gauri Bahadur Karki, along with members Bigyan Raj Sharma and Bisheshwor Prasad Bhandari. This order places the commission’s operational impartiality under intense scrutiny, compelling the government to defend the commission’s integrity before the judiciary.
