S.
No.
Writ No.
Decision/
Order Date,
Publication
No.
Name of
Plaintiff and
Defendant
Case Details
Summary of the decision
Page
No.
20
070WO0817
29th August,
2016
Laxmi
Lama VS
Government
of Nepal
It has been against the
provision of Article 8 (2)
(B) of Part 2 of the Interim
Constitution of Nepal, 2063
that if father or mother of
a person was a citizen of
Nepal at the time of his/her
birth, such person shall be a
Nepalese citizen by descent,
and the provision of Clause
3 of Nepal Citizenship Act,
2063 to obtain Nepalese
citizenship; moreover, it has
been opposite to Article 15
of Universal Declaration on
Human Rights, 1948, Article
24 of International Covenant
on Civic and Political
Rights, 1966, Article 7 of
Convention on the Rights
of the Children, including
Article 9 of Convention on
the Elimination of all Forms
of Discrimination Against
Women, 1979; hence,
order, command including
mandamus, whichever is
needed, should be issued
to provide citizenship
by mother’s name as per
law, and to interpret it in
connection to the victims
across the country like us.
The matter that Bichchhi Tamang, the mother
of petitioners, Laxmi Lama and Sharmila Lama,
is a Nepalese citizen is also justified, and the
petitioners are seen to have been born in Nepal
from Nepalese citizen, Bichchhi Lama; hence, it is
decided that mandamus order shall be issued on
the name of Office of Kathmandu Metropolitan
City, Ward No. 11, and on the name of the
opponent Ministry of Home Affairs and under it,
District Administration Office, Kathmandu not
to deprive of citizenship on the ground that they
have not submitted father’s citizenship, but to
provide citizenship, as per claim, if the petitioners
establish in any way that they are residing within
its jurisdiction and if they submit mother’s
citizenship. It has been exposed that circulation
has been made to all the District Administration
Offices as per the decision made by this Court on
the writ petition of aforementioned Sabina Damai
on the issue that citizenship can be obtained by
mother’s name; hence, it seems that re-order is
not supposed to be issued on the names of all the
District Administration Offices.
129
21
069WO0735
29th August,
2016
Shiwani
Kharel VS
Government
of Nepal
Both my father and mother
have been Nepali citizens.
As the father remained
out of contact without
information, were brought
to her parental home by the
mother. Provision has been
introduced on Section 3(1)
of the Nepal Citizenship Act,
2007 stipulating that: In case
either father or mother is a
Nepali citizen at the time of
birth of his or her offspring,
then such offspring shall be
a citizen of Nepal by descent
and whereas I requested
the different bodies for the
co- operation so that I could
have obtained citizenship
by the name of my father,
he has been rejecting till
present to confer citizenship
to me and remained out
of our contact and that
due to lack of citizenship
I applicant, have been
deprived of filling up the
form in order to pursue
higher education and got
deprived of the basic human
rights of the education. A
Mandamus be issued so that
The act of statutorily authorized agency or official
denying someone of citizenship in the absence of
any plausible reason and basis cannot be deemed
as legitimate and proper. It is rather supposed
to explore ways for assistance and simplification
in granting citizens with citizenship as per
the legal provisions. an order of mandamus
is hereby issued in the names of respondent
District Administration Office, Kathmandu,
to promptly decide for the citizenship after
holding examination of the matters required
as per Nepal Citizenship Act, 2007 and Nepal
Citizenship Rules, 2007 at the earliest and in case
the petitioner applies for acquiring citizenship
by disclosing the name of father and address
of mother in line with the certificate, and if the
mother attests to the same at the office, then let
the needful matters be inquired and let a decision
on awarding citizenship be made forthwith by not
depriving the petitioner from Nepali citizenship
certificate and issuance of the recommendation
for the citizenship just on the basis that she
intended to write the name of father and address
of mother as recorded certificate.
135
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