Last Updated on August 13, 2026
Summary✨
- Ncell strongly objects to the Government of Nepal’s public disclosure of the investigation report on the Axiata-Spectrlite UK share transaction, citing confidentiality concerns.
- The report’s publication could negatively impact foreign investment in Nepal, contradicting the government’s commitments to investor privacy.
- Ncell argues that the report violates constitutional privacy rights and lacks legal authority for such disclosure under existing laws.
- The company may pursue legal action for what it describes as a breach of trust and confidence, stating that disclosure has caused irreparable damage.
- Ncell emphasizes that investigation-related documents should remain confidential and that unauthorized publication undermines legal protections and judicial decisions.
Ncell has expressed a strong objection to the Government of Nepal’s decision to make public the report of the investigation committee on the Axiata-Spectrlite UK share transaction which was led by Tankamani Sharma Dangal. The telco says that the move has disclosed information that should legally remain confidential.
According to Ncell, news reports stated that the Council of Ministers decided on 11 August 2026 to make the report public. The report, titled “Ncell’s Share Purchase-Sale Related Study and Investigation Report (2080),” was subsequently published on 12 August 2026 through the website of the Ministry of Communications, Information and Technology (MoCIT).
Ncell has stated that it may consider legal action over the government’s decision to make the investigation report public.
The leading private telco states the report contains sensitive information that should legally stay confidential. The company has condemned the Government’s decision, arguing that its publication violates the right to privacy guaranteed by the Constitution of Nepal.
The company further adds that it reserves the right to pursue legal remedies under applicable national and international laws, treaties and agreements.
Table of contents
- Ncell raises concerns over foreign investment after investigation committee report
- Investigation information should remain confidential- stresses Ncell
- Ncell points to constitutional and legal privacy protections
- Ncell states that the government needed legal authority to disclose information
- Ncell alleges breach of trust and confidence
- Ncell may consider legal action over investigation committee report going public
Ncell raises concerns over foreign investment after investigation committee report
Ncell said that the government’s action can send a negative message internationally regarding Nepal’s commitment to protecting investor privacy and maintaining data confidentiality.
According to the company, the disclosure could affect the environment for foreign investment in Nepal. It argued that publishing information that should rather remain confidential, without the consent of the concerned parties, is particularly concerning when such disclosure may itself constitute an offence under prevailing law.
Ncell also pointed to a previous court proceeding concerning the publication of the investigation report. A writ petition seeking the release of the report on grounds of public interest was dismissed by the High Court on 15 July 2026, and the company said that decision had become final.
Ncell argued that the Government’s subsequent decision to publish the report, despite the court’s position regarding its privacy, raises serious questions concerning the constitutional and legal obligation to respect judicial decisions and maintain judicial dignity.
The company has described the publication of a report as a “historically unfortunate event.”
Investigation information should remain confidential- stresses Ncell
Ncell argues that information, documents and details collected by an investigation committee during an inquiry into an incident, transaction or activity should also be treated as confidential.
The company said the government can use such information to determine whether an offence may have occurred, conduct further investigations and initiate prosecution where necessary. However, Ncell maintains that this does not give the government the authority to publish the information that provides unrestricted access to the general public.
According to the company, there’s no existing law that authorizes such unrestricted publication.
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Ncell points to constitutional and legal privacy protections
Ncell said the investment, commercial and business-related information of a company is protected by law and should not be publicly disclosed without proper legal authority.
The company argued that publication of the investigation report violates the privacy rights guaranteed under Article 28 of the Constitution of Nepal.
It also cited several provisions of the Individual Privacy Act, 2018, including:
- Section 10 – Right to privacy of property
- Section 11 – Right to privacy of documents
- Section 12 – Right to privacy of data
- Section 13 – Right to privacy of correspondence
- Section 15 – Right to privacy of character
- Section 19 – Right to privacy of electronic media
Ncell additionally referred to Section 74 of the Income Tax Act, 2058, concerning taxpayer privacy, and Section 37 of the Value Added Tax Act, 2052.
The company said the government’s action has also affected the legal and fundamental rights of its shareholders, directors and other stakeholders.
Ncell states that the government needed legal authority to disclose information
Ncell holds that information of this nature could only be disclosed where there is clear authority, a valid legal basis and sufficient justification.
The company said the legislature enacted the Individual Privacy Act, 2018 to protect the constitutional right to privacy under Article 28 and establish rules governing access to private information.
Under the Act, information concerning an individual’s property, documents, data and transactions remains associated with the concerned person. Ncell argues that, without the person’s consent, the Government should not publish such information, provide it to third parties or create mechanisms through which the general public can access it.
The company said such disclosure is inconsistent with the Constitution, prevailing Nepali laws and international practice.
Ncell alleges breach of trust and confidence
Ncell has also characterized the publication of the report as a “Breach of Trust and Confidence”, arguing that the Government’s action undermines constitutional and legal commitments made to investors and businesses.
The company said maintaining confidentiality over property, transactions and documents is an important principle under the rule of law and democratic governance. It argued that State action contrary to such legal protections undermines the credibility of the legal framework itself.
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Ncell may consider legal action over investigation committee report going public
Ncell said the Individual Privacy Act, 2018 provides for punishment of individuals responsible for prohibited disclosures as well as mechanisms for seeking compensation.
The company stated that it will take the necessary decisions regarding available legal remedies.
Ncell further claimed that the disclosure of confidential information concerning the company has caused irreparable damage. It said the Government’s action has also affected the fundamental rights of the company, its shareholders, directors and beneficiaries, including their right to live with dignity and their freedom to conduct trade and business.
