14
Sajda Sapkota
vs
Government of Nepal
Chaitra 2, 2072 (15th March, 2016)
Supreme Court
Division Bench
Right Honorable Chief Justice Kalayan Shrestha
Honorable Judstice Gyanendra Bahadur Karki
Order
068-WO -0731
Subject: Mandamus et al
Sajda Sapkota daughter of Anita Sapkota , a resident of ward No 32, Ghhatekulo of
Kathmandu Metropolis of Kathmandu district ………………….............................................1
Asim Sapkota son of Anita Sapkota , a resident of ward No 32, Ghhatekulo of
Kathmandu Metropolis of Kathmandu district ……………………..........................................1
Applicant
Vs.
Nepal Government, Office of Prime Minister and Council of Ministers, Kathmandu ..........1
Ministry of Home, Singhadurbar, Kathmandu ……………………..........................................1
District Administration Office, Babarmahal, Kathmandu …………... ....................................1
Chief District Officer, District Administration Office, Babarmahal, Kathmandu...................1
Brief fact of the present writ petition that falls under
the jurisdiction of this Court as per Article 32 and
Article 107 (2) of the Interim Constitution of Nepal
are as follows:
Opponent
citizenship through his name, we wanted to obtain
our identity through the name of the mother, Anita
Sapkota, who has been nurturing and providing
education for us, then we furnished application
in Ward No. 32 of Kathmandu Metropolitan City
for the sake of recommendation on date 2068/8/6
(November 22, 2011 A.D.), and the Ward Secretary
of the Ward provided recommendation for the sake
of citizenship certificate on the form of Schedule
1. After then, on date 2068/8/7 (November 23,
2011 A.D.), we furnished the application to the
District Administration Office for the sake of
obtaining citizenship certificate along with that
recommendation, but the application was returned
by giving oral information that we could not get
citizenship, without registering our application
nor even looking at our application, and again our
application was refused to get registered on date
2068/9/13 (December 28, 2011 A.D.) as well; hence,
we, who are the children of Nepalese citizens and
who were born in Nepal and have been studying by
residing in Nepal, are compelled to live in stateless
condition in our own country upon being deprived
of our right of identity; hence, we have arrived to
furnish this application as per Article 107 (2) of the
Interim Constitution of Nepal, 2063.
The right of citizenship is an extremely important
right of a person, and this is such a document, that
gives an identity of a person. Citizenship is the
ground of acquiring the rights conferred to a person
by the state. The person, who does not possess
the citizenship that remains as natural right of an
individual, neither has an identity nor can get an
opportunity of the attainment of right provided
by the state. However, we, the petitioners, Sajda
Sapkota and Asim Sapkota, are the persons who
have been deprived of the citizenship. We were born
from the mother, Anita Sapkota and father Shamim
Siddaqi on date 2044/3/14 (June 28, 1987 A.D.) and
date 2050/11/4 (February 16, 1994 A.D.) respectively.
On date 2053/8/6 (November 21, 1996 A.D.), father
deserted mother and went to his ancestral house
at the place called Dumkhan of Bara district, and
has not looked for our whereabouts, and when we
searched for him, we could not trace this father. This
father has disappeared without even getting us to
meet with and introduce to his house and family;
hence, since it was impossible for us to obtain
97
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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