name of respondents to file a written reply via the
Office of Attorney General within 15 days of receipt
of this notice, excluding the travel period. Let the
Office of Attorney General be also intimated of
this order and let the case be submitted upon the
receipt of written reply or upon expiry of the above
deadline.
verified that the petitioners are indeed offspring of
the said father or other proof, the petitioners have
resorted to filing a false petition alleging that the
District Administration Office orally declined them
to provide citizenship certificate. Hence, I pray that
the writ petition be struck down.
The Bench studied the documents enclosed in case
file in the present case that was duly submitted this
Bench as per the daily cause list.
The order by as Single Bench of this Court read that:
As this case seems to be appropriate for speedy
settlement upon considering the gravity of subject
matter, preferential status for fixing court hearing
date is hereby granted to the matter as per Rule 63(3)
(f5) Supreme Court Rules, 1992.
Learned Advocate Mira Dhungana, who was present
on behalf of the writ petitioners argued that:
The petitioners are offspring of parents Madhav
Nagarkoti and Dhana Nagarkoti. The petitioner
have already completed 16 years of age having born
on 2048-10-07 (31-01-1992) and 2049-11-10 (2102-1993) respectively. Both are offspring of Nepali
citizens. Their father went missing post their birth.
Article 8 (2b) of the Interim Constitution of Nepal,
2007 expressly provides that a person whose father
or mother was a Nepali citizen at the time of his or
her birth shall be a Nepali citizen by descent. The
said constitutional arrangement is also imbibed
by Section 3(1) of the Citizenship Act, 2006 as
well as Rule 3(1) of the Citizenship Rules, 2006.
When the liabilities incurred by the international
treaties and conventions concerning nationality
and citizenship have been domesticated into the
Nepali laws, as the writ petitioners seem to be son
and daughter of Nepali citizen mother, they have
to attain citizenship certificate, as soon as they
fulfill the age and procedure prescribed by the
law. In a similar writ petition involving Petitioner
Sabina Damai Vs. Ministry of Home Affairs et.al.
(Ne. Ka. Pa. 2068, Issue 2, Decision No. 8557, p. 247)
a mandamus has been issued by the Court in the
name of District Administration Office, Kathmandu
for providing a daughter born in Nepal from a Nepali
citizen mother, citizenship of Nepal as per the laws.
Hence, as the writ petitioners in this case have been
offspring of Nepali parents, let the Court issue a
mandamus in the name of respondents causing
them to grant them citizenship by descent in the
name of their mother.
The written reply filed by the Ministry of Home
Affairs read that: The writ petition of respondents
is faked. As the entire citizens are endowed with a
natural right to obtain citizenship as per the laws,
the Ministry has already issued a circular to its
subordinate offices on 2068-05-05 (22-08-2011) to
issue citizenship certificate even in the name of
mother by fulfilling all the due process of law. As no
act of this Ministry has breached the fundamental
rights of the petitioners, an interim order and writ
need not be ordered in case of this Ministry as
demanded in the petition. The writ is quashable.
Likewise, the written reply of Office of the Prime
Minister and Council of Ministers, Government
of Nepal read that: When the basic fact that why
this Office has to be made respondent on account
of which duty it failed to perform in pursuance of
Constitution and laws, this petition is quashable
in the first instance as this Office lacks any type of
affinity with the matter of dispute. With respect to the
issue of awarding citizenship certificate in the name
of mother, as a directive order was issued by the
Court in the name of Ministry of Home Affairs also,
in a writ petition involving Petitioner Sabina Damai
Vs. this Office et.al. (Writ No. 0703 of the year 2067)
which instructed to provide citizenship of Nepal to
the petitioner from her mother’s name as per the
laws, this Office dispatched a letter to the Ministry
of Home Affairs vide Ref No. 289, dated 2068-03-06
(20-06-2011) reminding the implementation of the
order. Consequently, the Ministry on 2068-05-05
(22-08-2011) issued a circular to the entire District
Administration Offices vide a letter whose C.C copy
was also received at this Office. Hence, mandamus
need not be ordered over the same issue, as such,
let the writ petition of petitioners be struck down.
Learned Joint Government Attorney Gopal Prasad
Rijal, present on behalf of respondent Government
of Nepal also, argued that: Government of Nepal
is not involved in meting discrimination to the
Nepali citizens like the petitioners in granting
citizenship. The petitioners are first required to
fulfill some procedural formalities in order to
obtain citizenship. They were told that they shall
be awarded citizenship once they produce relation
verifying certificate that would verify that Madhav
Nagarkoti whom they have cited as their father, is
indeed one and other proof. Currently, they have
failed to show who their father is in the absence of
submission of Nepali citizenship certificate of their
father that would prove that he was indeed a Nepali
The written reply of Chief District Officer on behalf
of District Administration Office, Kathmandu also
read that: Citizenship by descent has been provided
effortlessly in the event of filing a valid application by
enclosing the documents as per Sections 3 and 8(1)
of the Nepal Citizenship Act, 2006, so as to obtain
Nepali citizenship certificate. Without submitting
a relationship verifying certificate that would have
68
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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