Asset Investigation Commission Granted Authority to Probe Former Prime Ministers, Judges, Diplomats, and Security Officials
Image Source, PMO
The Asset Investigation Commission, established by the government, has been granted the authority to examine the assets of high-ranking political officials and employees in power since the Nepali calendar year 2062/63, including former judges and senior military officials.
According to notices published in the Nepal Gazette, the Commission may submit a written request to the relevant authorities to investigate serving military officers, sitting judges, and other officials not currently on duty if a complaint is received.
Following Prime Minister Balendra Shah’s assumption of office, a five-member commission was formed earlier this month, chaired by former Supreme Court Justice Rajendra Kumar Bhandari.
The Commission’s mandate spans an initial one-year term, focusing on asset collection, verification, and investigation of officials serving from fiscal year 2062/63 to the end of Chaitra 2082/83. Subsequently, in a second phase, it is tasked with investigating the assets of high-ranking officials from Bikram Sambat 2048 to fiscal year 2061/62.
Who Can the Commission Investigate?
Image Source, Supreme Court of Nepal
Formed under Section 3 of the 2026 Investigation Act by the Cabinet meeting, the Commission is authorized to investigate assets held inside or outside the country linked to individuals holding public office currently, retired, removed, or related family members.
The Nepal Gazette clarifies the Commission’s duties, stating that when requesting asset details, concerned agencies must provide or confirm the information within 15 days.
The Commission holds jurisdiction over investigating high-ranking officials across the Executive, Judiciary, and Legislature branches.
According to official gazette references, the Commission will investigate the assets of Prime Ministers, ministers, state ministers, and assistant ministers from both the Nepal government and the former His Majesty’s Government.
Similarly, members of parliament, legislative assembly members, constituent assembly members, as well as constitutional body heads and officials appointed under the Constitutions of 2047, the Interim Constitution of 2064, and the current constitution, along with former judges, fall under the scope of investigation.
Retired senior officers of the Nepal Army with first-class or high-level rank, as well as heads and staff of the Nepalese Embassies and diplomatic missions, will also have their assets scrutinized.
The Commission is empowered to investigate the assets of provincial chief ministers, state ministers, assistant ministers, provincial assembly members and officials, district coordination and development committee members, and local-level chief, deputy chief, chairpersons, and vice-chairpersons.
With an amendment published on Baishakh 2 and a subsequent notice this week, the Commission was also granted authority to investigate assets of the Attorney General, Chief Attorney, Parliamentary Service, National Human Rights Service, and health service staff.
Additionally, employees with first-class or equivalent or higher rank in the civil service, Nepal Police, Armed Police Force, and National Investigation Department are also subject to asset investigation.
Officers at the second-class (Undersecretary) level who have served as heads of those agencies will also come under the Commission’s investigative ambit.
Investigations Extend From Governors to Advisors of the President and Prime Minister
The Commission is also authorized to investigate the assets of the Governor of Nepal Rastra Bank, directors of the board, deputy governors, executive directors, and other first-class or higher-ranked staff.
Similarly, heads, directors, executive directors, general managers, managing directors, and CEOs of government-established banks and financial institutions, as well as commissions, establishments, authorities, boards, committees, and centers under the Nepal Government, fall under the Commission’s investigatory scope.
The Commission is empowered to probe assets of officials affiliated with public enterprises wholly or partially owned by the Nepal Government, including officials at grant-receiving universities and establishments, as well as first-class or higher-ranked staff.
Advisors, private secretaries, and personal secretaries appointed by the President, Vice President, Prime Minister, Chief Justice, Speaker, Chairman of the National Assembly, and provincial chief ministers along with the heads of constitutional bodies are also subject to investigation.
The Commission’s mandate includes investigating the illegal concealment or transfer of assets within or outside the country under the names of oneself or relatives.
In investigations relating to suspected assets hidden abroad, the Commission may coordinate and communicate with Nepalese diplomatic missions, Interpol, and other investigative agencies.
Experts suggest that conducting such investigations internationally may face legal and technical challenges, thus recommending Nepal establish mutual legal assistance agreements with the relevant countries.
Among political officials and employees holding public responsibility, the Commission has been directed to identify individuals with a higher likelihood of amassing wealth through corruption and prioritize their investigations.
The Commission must conduct detailed study of increases in family and legally acquired assets, maintaining both personal and public dignity of officials during investigations, which are to be conducted confidentially.
Priority for investigation shall be given to those who have faced departmental actions, show disproportionate economic status, or are heads and staff of offices with direct public interaction like tax, land, and transport administration, or are employed in offices considered high-risk for corruption.
The Commission can collect complaints and, after issuing a public notification for 30 days, request individuals within its jurisdiction to provide information, evidence, or details regarding any allegedly illegally acquired assets.
Government Retains Authority to Dissolve the Commission
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If investigations reveal factual and proven instances of illegal asset acquisition by officials or employees, the federal government is empowered to recommend further inquiries and actions to the relevant authorities, including examinations related to undisclosed assets.
The Commission is chaired by former Supreme Court Justice Rajendra Kumar Bhandari and includes members such as former Appellate Chief Justice Purushottam Parajuli, former High Court Justice Chandiraj Dhakal, former Deputy Inspector General of Police Ganesh KC, and former Institute of Chartered Accountants Nepal President Prakash Lamsal.
Acting Chief Justice Sapana Pradhan Malla administered the oath of office and secrecy to Chairperson Bhandari last Wednesday, who then administered oaths to the members, after which the Commission officially commenced its activities.
The notice underscores that the Commission shall operate independently, impartially, and professionally, free from any pressure or influence. It is permitted to use reports, data, and recommendations submitted previously by other commissions, committees, or agencies as references during investigations.
The Nepal Government retains the right to dissolve the Commission if deemed necessary. Upon dissolution or completion of its task, all records must be handed over to the Commission Against Corruption.
If the Commission’s chairperson, members, or secretariat staff violate the Constitution or laws or fail to act honestly, the Nepal Government can dismiss them according to regulations.
The Prime Minister and Cabinet office will manage human resources for the Commission, with an initial plan to allocate a staff of 38 personnel.