lawsuits upon the properties. But, by ignoring
the aforementioned evidence to be examined,
the Home Minister is found to have made the
decision against the evidence attached with the
document file by taking the matters in evidence
which is not supposed to be taken for evidence.
In the country where there is rule of law, each of
the decision makers including Home Minister
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 in the document file is
supposed to be the decision made arbitrarily
and in the absence of judicial spirit, and such
decision is voidable.
descriptions to obtain citizenship is erroneous;
hence, that decision and the decision made
by the Appellate Court, Patan on the date of
2062/10/17 (January 30, 2006 A.D.) that has
made that decision valid are decided to be
revoked opposite to the facts and evidence. Do
other things as follows:
Particulars:
As stated above in the decision section the decision
of Home Minister level dated 2058/11/21 (March 5,
2002 A.D.) and the decision delivered by the Appellate
Court, Patan on the date of 2062/10/17 (January 30,
2006 A.D.) that has made the said decision valid have
been revoked and the citizenship of defendant
Ashok Kumar Shah could not be held terminated,
give memo to the District Administration Office,
Makwanpur not to implement the said decision .....1
5. Hence, though the situation is seen from the
document file that the father of the appealer,
Ashok Kumar, had been staying in Nepal by
accumulating various immovable properties
and running occupation and business; this
appealer was born in Nepal and is permanently
residing in Nepal by purchasing and possessing
immovable properties, the decision made by
His Majesty’s Government, Home Minister on
the date of 2058/11/21 (March 5, 2002 A.D.) to
omit from the citizenship without undisputed
evidence, saying that he is a foreign citizen on
the fabricated basis that he had lied about his
For the information of the opponent serve copy of
this decision to the Office of Attorney General .....2
Deduct the registration of this case and duly hand
over the case file to the Archive Section ................3
I agree with the said opinion.
Justice Damodar Prasad Sharma
Handed down on Tuesday, 18 Falgun of the year 2066
(02 March, 2010).
27
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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