as per the legal provision of Clause 3 (1) of Nepal
Citizenship Act, 2063; hence, procedure is seen
to have been prescribed as per mentioned above.
Mentioning the reason that the petitioner’s father,
upon being not in contact for a long time, has been
in disappeared condition, petitioner is found to have
explained his description and compulsion stating
that he could not present the citizenship issued
on the father’s name and the father, and that local
body has not provided recommendation to expose
birthplace and relationship due to that reason. For
the Nepalese citizens who cannot submit evidence
as per Rule 3 (1) of Nepal Citizenship Rule, 2063,
or in the present case, after the petitioner has not
been able to submit the recommendation or birth
registration certificate to the local body as per Rule 3
(1) (B) of Nepal Citizenship Rule, 2063, it is seen that
citizenship certificate can be provided by fulfilling
the documents or procedure as per Following (A)
and (B) of Sub-rule 2 of Rule 3 of Nepal Citizenship
Rule, 2063; but, this procedure is not seen to have
been adopted in this either. The act of not providing
citizenship without showing appropriate reason
cannot be deemed appropriate; hence, measures
of simplification and facilitation shall have to be
searched in the act of providing citizenship as per
legal provision; the act of not providing citizenship
without the decision along with the reason, delaying
in making decision on whether the citizenship is to
be provided or not cannot be an appropriate way for
the implementation of law. Due to the condition that
citizenship No. 9194/2044, Makwanpur, the mother
of the petitioner, Gopal Khanal, has been ready
to stay for identification stating that Badri Prasad
Khanal, citizenship No. 3640/025 Kathmandu is
the father of the petitioner; as father’s name is seen
to have been mentioned in character certificate
and mark sheet of the petitioner, Gopal Khanal, as
Badri Prasad Khanal, Bishal Nagar-4 Kathmandu, it
is decided that mandamus order shall be issued on
the name of the opponent, District Administration
Office, Kathmandu, to provide citizenship certificate
unless the description explained or claimed by the
petitioner is not seen otherwise, by adopting the
procedure including examining spot investigation
as soon as possible as per Rule 3 (2) (A) and (B) of
Nepal Citizenship Rule, 2063 as well. Moreover,
in connection to the citizens of this nature,
particularly, to those whose father, upon being
a Nepalese citizen, has not come into contact or
has been disappeared or to those who are in the
condition of the fathers being reluctant to get their
children provided with citizenship, and to those who
wish to obtain citizenship mentioned father’s name,
surname as well, if mother or close relative give
consent to bear liability by staying for identification,
it is seen necessary to pay proper attention towards
what, what kinds of appropriate and proper
measure can be there to ease and simplify regarding
providing citizenship to any Nepalese citizens who
want to obtain citizenship adopting necessary and
appropriate procedure of including Rule 3 (2) of
Citizenship Rule, 2063. Generally, in order to make
the legal provisions to obtain citizenship by the
citizens simplified, easy and comprehensible, by
paying attention to the following matters, besides
other things, this directive order has also been
issued on the name of the opponent, the Ministry
of Home Affairs to arrange necessary provisions
to provide citizenship certificate easily by issuing
circulation on the names of all the Chief District
Officers nationwide.
1.
By making full simplification and transparent
in the use and complying with the procedure
of obtaining Nepalese citizenship certificate
as per Nepal Citizenship Rule, 2063, quickly
and effectively, collect the official evidence
on whether one is a Nepali or not, and finding
out other measures of facilitation as per law,
manage or get it managed as per this.
2.
If citizenship cannot be provided, make or
get the order or decision made along with its
reason.
3.
If it is to be additionally examined or imported
from any Body or submitted any evidence
by the petitioner regarding whether the
citizenship is to be provided or not, examine,
import or get it submitted, examined and
imported.
4.
Make legal ground and procedure and the
evidence to be submitted to obtain citizenship
comprehensible by mentioning at the bottom
of the (Schedule-1) form to be submitted.
Provide the information of this order to the
opponents through the Office of Attorney General.
Submit the document file, striking off the record of
the case file.
Justice
I agree with the aforementioned opinion.
Justice
Bench officer: Harka Bahadur Chhetri
Computer typist: Ramesh Acharya
Done on Monday on the day 22nd of the month of
Chaitra in the year 2072 B.S. (Monday, April 4, 2016
A.D.) ……..………………
114
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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