S.
No.
28
Writ No.
072WO0629
Decision/
Order Date,
Publication
No.
18th May,
2017
Name of
Plaintiff and
Defendant
Deepti
Gurung VS
Government
of Nepal
Case Details
Summary of the decision
certificate by immediately
initiating process regarding
which of the descent or
naturalized citizenship is to
be obtained based on the
document evidence.
hence, no person shall have to be rendered in the
condition of without citizenship.
it is justified in the present petition that Sarita
Pradhan, the mother of the petitioner, Aditya
Gupta, was a Nepalese citizen at the time of
his birth, upon obtaining Nepalese citizenship,
and upon being born in Nepal, this petitioner
has been permanently residing in Nepal; and
there is not condition that this petitioner has
obtained citizenship from his father’s country
of citizenship, India either; hence, it is seen
that he shall obtain naturalized citizenship of
Nepal. Hence, it is decided that mandamus order
shall be issued on the name of the opponent
previously the Office of the Village Development
Committee (presently the Office of the Ward No.
15 of Gokarneshwar Municipality) as well as on
the name of the Secretary of the same to provide
recommendation to him for the sake of obtaining
citizenship certificate and on the name of the
Government of Nepal, Ministry of Home Affairs
and District Administration Office, Babarmahal
to provide citizenship certificate to him based
on documents including the aforementioned
recommendation by fulfilling necessary process
as per law.
Of the petitioner, I Deepti
Gurung and my daughter
Neha Gurung have been
living in ward No.3 of
Lalitpur Sub-Metropolitan
City of Lalitpur district. Of
the petitioners, the father of
mine, Neha Gurung, has not
been traced and mother is a
Nepalese citizen.
The Constitution and law
have made clear provision
that if either of the father
or mother is a Nepalese
citizen, his/her child shall
be the citizen of Nepal;
however, because the
petitioner’s father has not
been identified, I have been
deprived of obtaining the
citizenship certificate of
Nepal, and due to the oral
order of the opponents,
condition has emerged to
expunge my identity. it is
requested to issue order of
mandamus including other
appropriate orders that I
should be provided with
citizenship through my
mother’s name.
Also, issue the order of
mandamus and other
required appropriate
orders in the names of the
opponents, stating that The
clause stating “resident of...
address not traced” in the
third line of family record
form and stating “daughter
of Mr. Thegan Nabhaeko
[not identified]” should be
revoked with the order of
certiorari.
According to Article 11(5) of the Constitution
of Nepal and Section 3 (1) of Citizenship Act
2063, any person born in Nepal from mother
or father either one born in Nepal is eligible for
citizenship of Nepal. As the Constitution and
laws have clear provisions that the person whose
one of the father or mother is a citizen of Nepal
at his or her birth, who is residing in Nepal and
whose father has not been identified, shall be
provided with the citizenship of Nepal by descent
and it is being clearly seen from the evidences
attached to this case file that these petitioners
are the Nepalese citizens who were born in Nepal
from Nepalese mother, it is not just to create
sitution to wipe out the identity by depriving the
daughter, Neha Gurung, of the petitioners, of
obtaining citizenship certificate of Nepal, simply
because father has not been identified. obtaining
citizenship through mother’s name, there are
clear provisions made in the Constitution and
Nepal Citizenship Act; furthermore, directive
orders have also been issued by the Supreme
Court. It is equivalent to the breach of law
by the law implementation body to refuse
citizenship through mother’s identity in different
pretexts. Hence, it is also a responsibility of the
Government of Nepal, and all the concerned
bodies under it, to extend support to those who
wish to obtain citizenship through mother’s name
by fulfilling prescribed procedures as per law,
therefore, it appears that their responsibilities
have to be readily implemented practically.
Page
No.
175
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