S.
No.
Writ No.
Decision/
Order Date,
Publication
No.
Name of
Plaintiff and
Defendant
Case Details
Summary of the decision
Page
No.
I the victim petitioner
Siwani Kharel be granted
citizenship in the name
of the mother and the
let the essential order be
issued to the nationwide
entire Offices of Village
Development Committees,
Metropolitan City,
Sub-Metropolitan cities,
Municipalities and their
relevant ward offices, via
the Ministry of Home Affairs
and to the all 75 District
Administration Offices with
the interpretation that shall
be applicable to the victim
like me.
22
071WO0709
N.K.P.
2073, No.
9, Decision
No. 9687, Pg.
1833, 29th
August, 2016
Srijan
Kharel VS
Government
of Nepal
It has been against the
provision of Article 8 (2)
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 Nepalese Citizen by
descent, and the provision
of Clause 3 of Nepal
Citizenship Act, 2063 that
Nepalese citizenship shall
be obtained by descent, as
well as against the Article
15 of Universal Declaration
of Human Rights, 1948
and Article 24 of the
International Covenant
on Civic and Political
Rights, 1966, Article 7 of
Convention on the Rights
of Children, including
Article 9 of the Convention
on 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 so as to
interpret in connection
to the victims across the
country.
The matter that Sharmila Gautam, the petitioner’s
mother, Srijan Kharel, is a Nepalese citizen
is also justified, and the petitioner, Srijan
Kharel, is seen to have been born in Nepal from
Nepalese citizen mother; hence, it is decided that
mandamus order shall be issued on the name
of District Administration Office, Kathmandu
not to refuse to provide citizenship by mother’s
name if the petitioner furnishes application by
submitting mother’s citizenship, attaching with
it the evidence as far as available. 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.
141
23
069WO1090
29th August,
2016
Rojan
Uprety VS
Government
of Nepal
After my pregnancy and
before delivery, my husband
Prakash Uprety went
outside Kathmandu for
work but never returned.
My mother Puja Subedi
(Uprety) has been providing
me with nurture, education
and healthcare to I,
Rojan Uprety, one of the
petitioners.
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 respondents District
Administration Office, Kathmandu and Office of
Kathmandu Metropolitan City, Ward No. 34 to
examine the matters required as per Nepal
147
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