being a human by nature, he/she becomes nonexistent upon being deprived of the basic human
rights by being legally without rights.
of the Attorney General by keeping the document
file concerned together, do as per rule after the
affidavit arrives or the time limit expires. Order of
this Court, of the date of 2071/3/4 (June 18, 2014
A.D.), reads as above.
A f t e r K i r t i p u r Mu n i c i p a l i t y p rov i d e d
recommendation on date 2070/4/28 (August
12, 2013 A.D.) as per above, we went to District
Administration Office for the sake of citizenship
certificate tens of times, but by giving oral order that
citizenship could not be provided, we were made
depressed; hence, we have come to the esteemed
Court to furnish present writ petition. In Article 8
(2) (B) of the Interim Constitution of Nepal, 2063,
there is constitutional provision that “if a person
father or mother was a citizen of Nepal at the time
of his/her birth, such person shall be a citizen of
Nepal by descent.” Similarly, in Clause 3 (1) of Nepal
Citizenship Act, 2063 also there is the provision
suitable to the aforementioned Constitution. We, the
petitioners, are the complete Nepalese citizens. The
parents of mine, Kiran Khadgi, of the petitioners, are
also Nepalese citizens. There is clear provision in
the Constitution and in law that if any one of father
or mother is a Nepalese citizen, his/her children
shall be the citizens of Nepal by descent; but I,
Kiran Khadgi, the petitioner, has been deprived of
obtaining citizenship certificate simply because
my father has not been identified; hence, extreme
injustice has been meted out.
The opponent writ petitioners are not seen to
have been able to clearly mention what, what
kinds of acts and actions or the decisions of the
Government of Nepal, Office of the Prime Minister
and the Council of Ministers have breached in the
opponents’ what, what kinds of constitutional and
legal rights. This Office is not supposed to be made
an opponent on the issue of providing citizenship.
It is not right to file writ petition by making this
Office an opponent even upon the acts, actions
and decisions happened and made by other bodies
and lien on posts, which/who are authorized to
carry out work as per prevailing law. By complying
with or getting the Constitution and law complied
with, Office of the Prime Minister and the Council
of Ministers is committed to realize the concept of
rule of law and to respect, protect and promote the
rights of the citizens conferred by the Constitution
and law. So far as the issue of the acquisition of the
citizenship claimed by the petitioner is concerned,
regarding this, the Interim Constitution of Nepal,
2063 as well as Nepal Citizenship Act, 2063 has
made provision that the citizens of Nepal can
obtain citizenship based on equality without
discrimination. It is not right to say otherwise to
the matter that upon abiding by the rule, process
determined in the Citizenship Act, Rule, the party,
who requests to obtain citizenship certificate of
Nepal, shall have to furnish application, according
to rule, to the body concerned. It cannot be said that
the lien on posts, who have legal duty to provide
citizenship certificate, must provide the citizenship
certificate to the opponent petitioners ignoring
the rule and process determined in the law. Upon
looking into the context of obtaining citizenship of
Nepal by mother’s name, in the petition of writ No.
0703 of the year 2067 B.S. having including Sabian
Damai versus including this Office, directive order
was issued on date 2067/11/15 (February 27, 2011
A.D.) on the name of the Ministry of Home Affairs to
provide the citizenship of Nepal to the petitioner by
mother’s name, to arrange necessary provisions by
issuing circulation on the names of all the C.D.Os.
across the country to provide citizenship certificate
easily by mother’s name if the children, who were
born in Nepal from Nepalese citizen mother,
come to ask for citizenship by mother’s name by
fulfilling the rule and process of Nepal Citizenship
Act, 2063 and Rule of the same; and for the sake of
its implementation, it was sent, by writing to the
Ministry of Home Affairs, on date 2068/3/6 (June
20, 2011 A.D.); letter for information of 3 points
As per the provision in Rule 3 (1) of Nepal Citizenship
Rule, 2063, that form of Schedule 1 is to be filled up
by a person over 16 years of age who wants to obtain
Nepalese citizenship certificate, attaching with
Nepalese citizenship certificate of his/her father
or mother or the relative within three generations
and the recommendation made by the local body
concerned by exposing birthplace and relationship
and replica copy of the birth registration certificate,
even if all the processes were fulfilled, we were
refused to obtain citizenship certificate; hence, our
right conferred by the Article 8 (2) (B), Article 10 of
the Interim Constitution of Nepal, 2063 and Article
13 (1) (2) (3), Article 20 (1) (3) of the same, Clause
3 (1) of Nepal Citizenship Act, 2063 as well as the
right conferred by the international Human Rights
Law in which Nepal is a party, to obtain citizenship
and to provide our children with citizenship has
been affected; hence, order, command including
mandamus, whichever is needed, should be issued
on the name of the opponents to provide citizenship
of descent to me, the petitioner Kiran Khadgi, the
son of Sarita Khadgi, by mother’s name. Petition
reads as above.
What has happened on this; why is not the order
supposed to be issued as per the demand of the
petitioner; by providing information to submit
affidavits within 15 days from the date of this order
received, except the journey time, through the Office
93
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents