14 Sajda Sapkota vs Government of Nepal Chaitra 2, 2072 (15th March, 2016) Supreme Court Division Bench Right Honorable Chief Justice Kalayan Shrestha Honorable Judstice Gyanendra Bahadur Karki Order 068-WO -0731 Subject: Mandamus et al Sajda Sapkota daughter of Anita Sapkota , a resident of ward No 32, Ghhatekulo of Kathmandu Metropolis of Kathmandu district ………………….............................................1 Asim Sapkota son of Anita Sapkota , a resident of ward No 32, Ghhatekulo of Kathmandu Metropolis of Kathmandu district ……………………..........................................1 Applicant Vs. Nepal Government, Office of Prime Minister and Council of Ministers, Kathmandu ..........1 Ministry of Home, Singhadurbar, Kathmandu ……………………..........................................1 District Administration Office, Babarmahal, Kathmandu …………... ....................................1 Chief District Officer, District Administration Office, Babarmahal, Kathmandu...................1 Brief fact of the present writ petition that falls under the jurisdiction of this Court as per Article 32 and Article 107 (2) of the Interim Constitution of Nepal are as follows: Opponent citizenship through his name, we wanted to obtain our identity through the name of the mother, Anita Sapkota, who has been nurturing and providing education for us, then we furnished application in Ward No. 32 of Kathmandu Metropolitan City for the sake of recommendation on date 2068/8/6 (November 22, 2011 A.D.), and the Ward Secretary of the Ward provided recommendation for the sake of citizenship certificate on the form of Schedule 1. After then, on date 2068/8/7 (November 23, 2011 A.D.), we furnished the application to the District Administration Office for the sake of obtaining citizenship certificate along with that recommendation, but the application was returned by giving oral information that we could not get citizenship, without registering our application nor even looking at our application, and again our application was refused to get registered on date 2068/9/13 (December 28, 2011 A.D.) as well; hence, we, who are the children of Nepalese citizens and who were born in Nepal and have been studying by residing in Nepal, are compelled to live in stateless condition in our own country upon being deprived of our right of identity; hence, we have arrived to furnish this application as per Article 107 (2) of the Interim Constitution of Nepal, 2063. The right of citizenship is an extremely important right of a person, and this is such a document, that gives an identity of a person. Citizenship is the ground of acquiring the rights conferred to a person by the state. The person, who does not possess the citizenship that remains as natural right of an individual, neither has an identity nor can get an opportunity of the attainment of right provided by the state. However, we, the petitioners, Sajda Sapkota and Asim Sapkota, are the persons who have been deprived of the citizenship. We were born from the mother, Anita Sapkota and father Shamim Siddaqi on date 2044/3/14 (June 28, 1987 A.D.) and date 2050/11/4 (February 16, 1994 A.D.) respectively. On date 2053/8/6 (November 21, 1996 A.D.), father deserted mother and went to his ancestral house at the place called Dumkhan of Bara district, and has not looked for our whereabouts, and when we searched for him, we could not trace this father. This father has disappeared without even getting us to meet with and introduce to his house and family; hence, since it was impossible for us to obtain 97 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION