We have significant experience representing businesses and individuals in matters involving the interpretation of the constitution, commercial judicial review (abuse of power, arbitrariness, natural justice, and ultra vires conduct) against regulators and governmental departments, legitimacy of police arrests and conduct, and fundamental rights (including non-discrimination) litigation.
We were involved in the drafting of the prevalent Constitution of Nepal 2072 (2015 AD) in the capacity of a think-tank. Additionally, we have worked with regulators and governmental agencies in the past (including Nepal Telecommunications Authority and the Centre for the Investigation of Abuse of Authority), granting us a unique edge when tackling judicial review.
We have represented top clients including the President of Nepal, different Prime Ministers of Nepal, and several businesses and associations in some of the most influential constitutional matters in Nepal.
Representative Experience:
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We have been involved in defending Prime Ministers for dissolving Parliament on two occasions:
- We represented then Prime Minister KP Sharma Oli in the Supreme Court (Constitutional Bench) to defend a constitutional challenge following a parliamentary dissolution in December 2020.
- We were actively involved (out of court) in creating legal arguments and strategies to help defend then Prime Minister Man Mohan Adhikari’s dissolution of parliament in 1995/96.
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We secured three important judgments for Nepal Water and Energy Development Company (NWEDC) in connection with its Upper Trishuli- 1 (216 MW) hydropower project that is financed by nine international banks including the IFC and ADB:
- We successfully stayed and dismissed the Commission for the Investigation of Abuse and Authority’s termination of NWEDC’s survey license (on grounds of legitimacy and validity) in the Supreme Court.
- We dismissed two Public Interest Litigations in the Supreme Court that challenged the validity of NWEDC’s licenses on various grounds including environmental survey inadequacy and incapability to deliver.
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We successfully represented a leading infrastructure firm in the Supreme Court by invalidating an international bidding process and a subsequently-issued license for a large telecommunications project on grounds of non-compliance with the Public Procurement Act 2063 (BS) and the associated Public Procurement Rules 2064 (BS).
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We represented an association of leading private organisations in the High Court to stay further action from government agencies that would inhibit business in the Pashupati area in a highly sensitive and complex matter.
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We successfully represented a leading moviestar by obtaining a prohibitory order against further police involvement and securing his removal from custody in an excess of jurisdiction case.
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We successfully represented a leading business group to quash a governmental agency’s decision that had erroneously failed to consider environmental effects.
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We successfully quashed a government agency decision that was indirectly discriminatory towards private institutions in the Supreme Court.
