4 Ashok Kumar Shah vs Government of Nepal Falgun 18, 2066 (02 March, 2010), N.K.P. 2067, No. 4, Decision No. 8349, Pg. 600 Supreme Court, Division Bench Honourable Justice Damodar Prasad Sharma Honourable Justice Ram Kumar Prasad Shah Criminal Appeal No.0622 of the year 2064 Date of Decision: 2066/11/18/03 (Tuesday, 02 March, 2010) Case: Removal from Nepali Citizenship Ashok Kumar Shah, resident of T.C.N. Road, ward No. 10 of Hetauda Municipality of Makwanpur District .......................…..............................................………………1 Appellant/Defendant Vs. The Government of Nepal, Home Ministry................................................................1 Original Decision By: Home Ministry On behalf of the Appellant/Defendant: Learned Senior Advocate Mr. Mahadev Yadav and Advocate Ram Bandhu Sharma Appellate Decision By: Hon.Judge Mr. Krishna Prasad Shrestha On behalf of the Opponent/Plaintiff: Learned Joint Attorney Mahesh Thapa Hon.Judge Mr. Laxman Mani Risal • There is no situation to assume that a person is a foreign citizen simply because he/she has not obtained the Nepalese citizenship in any time period despite permanently residing in Nepal, and it has no legal base. • No legal provision is found to have existed that each person having permanent residency in Nepal must obtain citizenship certificate; hence, it is not right to assume automatically remained as a non-Nepalese citizen or a foreign citizen simply because the citizenship certificate was not obtained in the then situation. (Paragraph No.2) • The party holding the pleading that one is not a permanent resident of Nepal or is a foreign citizen has to establish factually that he is a citizen of which foreign country. (Paragraph No.3) • Each of the decision makers shall have to make decision only on the basis of prevailing Nepal law and facts and evidence. The decision made on the basis of the facts and evidence not contained, is supposed to be the decision made arbitrarily and in the absence of judicial spirit, and such decision is voidable. (Paragraph No.4) Opponent/Plaintiff Followed Precedent: Relevant law: Section 4 (A) of Nepal Citizenship Act, 2009 Section 4 (A) Decision: Justice Ram Kumar Prasad Shah: The brief facts and decision of the present case filed against the decision of the Appellate Court, Patan dated 2062/10/17 (30 January, 2006) seeking for the leave of appeal and after the leave of appeal has been granted as per Section 12 (1) clause (A) of the Judicial Administration Act, 1991 have been as follows. Ashok Kumar Shah obtained (No. not disclosed) Nepalese citizenship certificate on date 2024/8/8 (November 24, 1967 A.D.) by birth from Narayani Zonal Commissioner’s Office, Birgunj by showing Jay Narayan Shah as father and the address as Makwanpur District, Hetauda Municipality, Ward No. 10. Bijay Kumar Shah obtained Nepalese citizenship certificate of C. C. No. 25/128 of descent on date 2053/5/25 (September 10, 1996 A.D.) from District Administration Office, Makwanpur by showing Late Jay Narayan Kalwar Shah as father and the address as Makwanpur District, Hetauda Municipality, Ward No. 10. 22 Compilation of Selected Decisions of Supreme Court on CITIZENSHIP and BIRTH REGISTRATION