Adv. Srijana Adhikari on behalf of S & S Jurists et al. v. Prime Minister and Council of Ministers (Writ No.: 079-WO-0170)

Background of the Case

Advocate Srijana Adhikari, on behalf of S & S Jurists, Chartered Accountant Shailendra Uprety et.all filed a writ petition before the Supreme Court of Nepal concerning the management of gifts received by high-ranking state officials, including the President, Prime Minister, Ministers, and other senior functionaries, during official duties, foreign visits, or diplomatic engagements.

The petitioners argued that such gifts are state property, not personal assets, as officials act only as trustees of the sovereign Nepali people. Consequently, all gifts must be disclosed, regulated, and managed in accordance with constitutional provisions, the Good Governance (Management and Operation) Act, 2064 (2006), and the Guidelines for High Level Foreign Visits, Feasts and Receiving and Providing Gifts by the Civil Servants, 2072 (2015)

The petition highlighted:

• Lack of effective laws and enforcement regarding the management, taxation, and disclosure of official gifts in Nepal.
• Failure of authorities to provide information under the Right to Information framework.
• Comparative practices in countries such as the United States, United Kingdom, India, and Pakistan, where comprehensive regulations exist to ensure transparency and accountability.

Relief Sought

The petitioners sought writs of mandamus directing the Government of Nepal to:

1. Deposit all official gifts into the State Treasury.
2. Tax gifts that have been consumed or sold.
3. Enact comprehensive laws or directives to regulate official gifts.
4. Ensure public disclosure of gift details to maintain accountability.

Court’s Directive

The Supreme Court of Nepal issued a directive order requiring the Government to:

• Develop and implement effective legislation or directives governing the management of gifts received by state officials.
• Establish a database of official gifts to ensure transparency, proper administration, and accountability.

The full text of decision is yet to be published.

Significance of the Case

• Transparency and Accountability: The case reinforced that gifts received by public officials are public property and must be disclosed and properly managed.
• Good Governance: It strengthened the legal framework promoting integrity and ethical conduct among high-ranking officials.
• Comparative Benchmarking: By referencing international best practices, the case highlighted the importance of adopting global standards for public office accountability.
• Institutional Reform: The directive encourages the Government to establish clear procedures, record-keeping systems, and enforcement mechanisms for official gifts, fostering trust in public institutions.