the Rule of the same; hence, present writ petition
should be revoked. Affidavit of the Office of the
Prime Minister and the Council of Ministers reads
as above.
mothers’ names.
Joint-attorney, Mr. Shyam Kumar Bhattarai, present
on behalf of the opponent, the government of Nepal,
pleaded, stating that guideline had been given to
provide citizenship by mother’s name. Father’s
name had been mentioned in the present case; in
this condition District Administration Office had felt
uneasy; however, in the context of the case of Sabina
Damai on behalf of the Government, as well; being
committed to the issue of providing citizenship by
mother’s name, the government had issued out the
circular to all the District Administration Offices;
hence, the present writ should be revoked.
As per the prior order issued by the esteemed Court
for providing citizenship by mother’s name, circulars
have already been sent to all the Chief District
Officers to easily provide citizenship certificate by
mother’s name by fulfilling rule and work procedure
of Nepal Citizenship Act and Rule if children who
were born in Nepal from Nepalese citizen mother
come to ask for citizenship by mother’s name;
Affidavit of the respondent, the Office of the Prime
Minister and the Council of Ministers, reads as
above; and, whether the father of the petitioners
is from home country or a foreigner has not been
traced and marriage registration of the parents
is not available and rule to be fulfilled as per
Citizenship Act and Rule has not been fulfilled;
hence, citizenship has not been provided. Affidavit
of Chief District Officer, Ratna Raj Pandeya, on
behalf of District Administration Office, Kathmandu
reads as above.
Upon hearing including the pleadings presented
by the learned on behalf of the petitioners and
respondents, while studying the documents
attached to the document file, is order supposed to
be issued as per petition claimed or not? It seems
that decision is to be made regarding it.
Upon considering towards the decision, main
petition claim is found to have been that the
petitioners had furnished application to the
respondent, District Administration Office, for the
sake of citizenship upon getting recommendation
from the Office of Ward No. 32 of Kathmandu
Metropolitan City as per the provision existing in the
Citizenship Act and Rule for the sake of obtaining
citizenship through the name of the mother,
Anita Sapkota, but were returned, without even
registering the application, orally saying that they
could not obtain citizenship; hence, appropriate
order including mandamus should be issued on
the name of respondents giving order to provide the
petitioners with the citizenship of Nepal by mother’s
name. Affidavit of the respondent, the Office of
the Prime Minister and the Council of Ministers,
is seen to have been that circular had already been
sent, on the names of all the Chief District Officers,
as per prior order made by the esteemed Court to
provide citizenship by mother’s name, in order to
easily provide citizenship certificate by mother’s
name by fulfilling the rule and work procedures
of the Nepal Citizenship Act and Rule if children,
who were born in Nepal from the Nepalese citizen
mother, come to ask for the citizenship by mother’s
name; and the affidavit of District Administration
Office, Kathmandu is seen to have been that it was
not traced whether the petitioners’ father was a
from home country or a foreigner and that parents
marriage registration was not done, moreover, the
rule to be fulfilled as per Citizenship Act and Rule
had not been fulfilled; hence, citizenship was not
given.
No decision or order has been issued by this Ministry
regarding whether or not the writ petitioners are to
be conferred with Nepalese citizenship certificate;
hence present writ petition should be revoked.
Affidavit of Sushil Jung Bahadur Rana, Secretary of
the Ministry of Home Affairs, on behalf of the same,
reads as above.
In the present case that has been submitted before
the this Bench today upon being inducted
to
the daily cause lists as per rule, advocates Ms. Mira
Dhungana and Ms. Gautam, present on behalf of
the petitioners, pleaded, stating that there was
no dispute that the petitioners were the children
of Nepalese citizen Anita Sapkota, and that their
father, Shamim Siddiqi, had disappeared; hence,
these petitioners were the citizens of Nepal by
descent as
per the provisions of Article 8 (2) (B),
of the Interim Constitution of Nepal, Clause 3 (1) of
Nepal Citizenship Act, 2063; hence, the petitioners
had furnished application before the opponent,
Kathmandu District Administration Office, for the
sake of obtaining citizenship by mother’s name
upon fulfilling the process of Rule 3 (3) of Nepal
Citizenship Rule, 2063, but, as per oral order of the
opponent Chief District Officer, these petitioners
had been rendered into the condition of without
citizenship and statelessness, by not providing
citizenship certificate, and hence were deprived of
including the legal right to be obtained as a citizen as
well as the constitutional right to obtain citizenship;
hence, necessary order should be issued on the
name of the opponents giving mandamus order
to provide the petitioners with the citizenship by
mother’s name, interpreting that citizenships should
be provided for the other victims like them through
In this, from the spot investigation received from the
Office of Ward No. 32 of Kathmandu Metropolitan
City and from the petition description attached
to the document file, it is seen that between the
petitioners, Sajda Sapkota, on 2044/3/14 (June 28,
99
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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