KATHMANDU: The Supreme Court of Nepal has recently issued a significant ruling clarifying that one government entity cannot file a case against another. In a joint bench decision by Justices Hari Prasad Phuyal and Balkrishna Dhakal, it was emphasized that fundamental rights, as guaranteed by the constitution, are applicable only to citizens. The court ordered that disputes involving government entities should be referred to the Chief Secretary if legal rights are perceived to be violated.
This ruling stems from a specific case involving the Rail, Metro Rail, and Monorail Development Project under the Ministry of Physical Infrastructure and Transport, which had filed a writ petition against the Public Procurement Review Committee. The Supreme Court dismissed this petition, highlighting that allowing one government agency to challenge another through writ jurisdiction contradicts the principles governing fundamental rights and legal proceedings. The court emphasized that such disputes should be resolved internally within the government framework.
Furthermore, the Supreme Court pointed out potential conflicts of interest when the Office of the Attorney General represents both sides in cases involving two government bodies. According to the court, this situation raises concerns about impartial legal representation and adherence to constitutional principles.
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