We have learned through media reports that the Kathmandu District Court, based on an ex-parte hearing held in the bench of Judge Pitambar Sharma, has issued an order to remove a news article published on Nepalkhabar (nepalkhabar.com) and refrain from publishing further news regarding Santosh Narayan Shrestha, the chairman of the Securities Board of Nepal (SEBON). However, we have not yet received formal notice of the order.
Given the growing public interest and concern, we find it necessary to publicly state our stance on this matter:
- We stand by the credibility of the content we have published and are prepared to face scrutiny at any level. We do not shy away from accountability and will legally defend ourselves against any allegations made against us.
- The SEBON is a regulatory body of the state, and its chairman holds a position of public accountability. Therefore, questioning and monitoring his role, decisions, and conduct is the duty and responsibility of the media.
- The public order cited in media reports states: "...Based on the complaint that various news articles published under different headlines have harmed the reputation and dignity of the petitioner, and considering the irreparable damage that may be caused to the petitioner as well as the balance of convenience, the defendants are hereby ordered under Rule 34(1) of the District Court Regulations, 2075, not to publish or broadcast unverified or baseless news through their website, online, or any other medium, to immediately remove published news from online platforms, and to ensure compliance."
- The Constitution of Nepal guarantees that no prior censorship shall be imposed on any media.
Article 19 (1) of the Constitution states: "No prior censorship shall be imposed on the publication and dissemination of news, editorials, articles, writings, or any other reading, audio, or audiovisual material through any medium, including electronic, print, or broadcasting, nor shall the flow of information be restricted."
Similarly, Article 19(2) of the Constitution states: "No radio, television, online, or any other type of digital or electronic medium, press, or other communication means shall be shut down, seized, deregistered, or have their content confiscated for printing, publishing, or broadcasting any news, articles, editorials, writings, information, or other materials."
Therefore, the court’s order imposing a ban on further news and content production and publication appears, at first glance, to violate the fundamental right to press and freedom of expression guaranteed by the Constitution.
- Instead of approaching the Press Council—the regulatory body for media grievances—this matter was directly taken to court. The court, without granting us an opportunity to defend ourselves, issued an order based on an ex-parte hearing, demanding the removal of published news. This is also contrary to the Press Council’s Code of Conduct.
Point No. 5(8) of the Journalist Code of Conduct issued by the Press Council clearly states: "Published news on online media should not be deleted."
From a judicial governance standpoint, the court’s decision to issue such an order—interfering with the Press Council’s jurisdiction—is highly shocking!
- We have full faith and trust in the respected judiciary. We are also mindful of enhancing public confidence in the judiciary. At the same time, we remain steadfast in our role as a responsible press.
Therefore, we do not fear wielding our pens within the constitutional "space" granted to us while fully adhering to the Journalist Code of Conduct. We will not step back from holding public officials accountable. We refuse to bow before any power or vested interest group.
We consider it our duty to continuously serve investigative content to our readers and expose the deliberate irregularities within the state machinery. Any attempt to muzzle the free press, intimidate, or divert attention through legal harassment under any pretext is unacceptable. Illegal encroachment upon the fundamental rights guaranteed by the Constitution is intolerable.
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