recommended and identified shall be taken action
as per Clause 15 of Nepal Citizenship Act, 2020.
Decision made on date 2058/11/21 (March 5, 2002
A.D.) by His Majesty’s Government (Home Minister)
reads as above.
respondent; and the opinion of Honorable Judge
Mr. Atma Ram Bhattarai is that in this, the decision
cannot be made, taking up the jurisdiction by
entering into the justification of the present case,
upon the appeal furnished upon the decision made
by Home Ministry, Kathmandu in the situation of
not falling within the territorial jurisdiction of the
Court; hence, due to the lack of jurisdiction, decision
needs not be made by entering into the justification
of the case. The present appeal is decided to be
revoked. Despite being agreed with the opinion of
Honorable Judge Mr. Govinda Kumar Upadhyay up
to that the present appeal does not fall within the
territorial jurisdiction of the Court due to the lack
of jurisdiction, it is agreeable with the opinion to
send to the Court within the jurisdiction (Appellate
Court, Patan) for the sake of action; hence, I have
expressed my different opinion by being disagreed
up to the opinion of sending for the sake of action.
As the opinions are separate, submit in front of the
third Honorable Judge as per Clause 8 (4) of Justice
Administration Act, 1991. Decision of the date of
2060/4/25/1 (Sunday, August 10, 2003 A.D.), having
dissenting opinions of the division bench, reads as
above.
The aforementioned decision is not satisfactory.
As per Clause 10 (A) of Nepal Citizenship Act, 2020,
only His Majesty’s Government gives order to omit
from the citizenship by cancelling if it is known
that the citizenship has been obtained on the basis
of false descriptions. His Majesty’s Government is
not supposed to make decision. As it is an issue of
judicial conclusion, this is the right of a Court, but
not of His Majesty’s Government. By His Majesty’s
Government, is does not refer to just the Home
Minister; hence, the Home Minister alone cannot
give order. Hence, the aforementioned decision is
against the prevailing law. Although it is seen from
different evidence that I am a Nepalese citizen; as I
am a citizen and my citizenship certificate should
be maintained as it is by revoking the decision of the
Honorable Home Minister made without evaluating
the proof of this. Appeal furnished in the Appellate
Court, Hetauda by the defendant, Ashok Shah, reads
as above.
The Court that registered then did not raise the issue
of jurisdiction when the appeal was filed and even
after the date of the appeal filed in this Court, the
time limit to file the appeal seems to have remained
sufficiently; hence, agreement has been shown
upon the opinion expressed by Honorable Judge Mr.
Govinda Kumar Upadhyay that by stipulating date,
the present appealer should be sent to the Appellate
Court, Patan that has the initial jurisdiction of
the present appeal. By striking off the case file,
stipulating the date telling the present appealer
defendants to go to the Appellate Court, Patan,
send the evidence attached with document file to
the Appellate Court, Patan as per Rule. Decision
made on date 2060/10/4 (January 18, 2004 A.D.)
by Honorable Chief Judge Mr. Paramanda Jha, of
Appellate Court, Hetauda, reads as above.
In this, from the evidence of the documents
of 2024/8/11 (November 27, 1967 A.D.) and of
2026/10/2 ( January, 15, 1970 A.D.) passed and
of the Civil Case. No. 2/211, 3/212, 1/210 of 2046
B.S. (1989/90 A.D.) and Civil Case No. 5/224 of
2047 B.S. (1990/91 A.D.) and Civil Case No. 71/290
of 2048 B.S. (1991/92 A.D.), in the situation that
these appealers are seen to have been Nepalese,
the decision of His Majesty’s Government of the
date of 2058/11/21 (March 5, 2002 A.D.) made to
revoke their citizenships is seen to be different,
being incongruent; hence, submit the respondent
by importing. Order of Appellate Court, Hetauda
of 2059/10/19 (02 February, 2003) reads as above.
The opinion of Honorable Judge Mr. Govinda Kumar
Upadhyay is that in this, instead of depriving the
justice seeker of the remedy of justice, giving remedy
as far as available is the main objective of justice;
hence, it is seen necessary to send to the body with
jurisdiction rather than to revoke the appeal of the
appealer. Hence, it does not appear right to assume
His Majesty’s Government, Home Minister as a body
under the territorial jurisdiction of this Court; hence,
the appeal upon the decision made by His Majesty’s
Government, Home Minister, does not seem to be
tried in this Court. Making decision upon the appeal
of the appealer is still remaining; hence, for making
decision from the Appellate Court, Patan which has
the jurisdiction, it is decided that the document
file is to be sent to the Appellate Court, Patan for
the sake of decision, by stipulating the dates for
the party present and giving its information to the
The decision of the date of 2058/11/21 (March 5,
2002 A.D.) of His Majesty’s Government deeming
to omit this defendant, Ashok Kumar Shah from
the Nepalese citizenship by cancelling his Nepalese
citizenship certificate by birth appears to have been
correct and hence decided to be valid. Decision of
the date of 2062/10/17 (January 30, 2006 A.D.) of the
Appellate Court, Patan reads as above.
There is legal provision that the power to omit
from Nepalese citizenship is not supposed to
be delegated at all as per Clause 14 (B) of Nepal
Citizenship Act, 2020. It is not right to cancel my
citizenship by the opponent, Home Ministry, by
getting me, the applicant defendant, to make
statement in Makwanpur District Administration
24
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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