women equal rights with men to acquire citizenship.
Making narrow interpretation of the word ‘descent’ I
have been denied to obtain citizenship in the name
of husband and resultantly I have been deprived
from the right to make choice from whom I have to
get identity. Therefore, I request to issue an order of
mandamus and/or other necessary order to provide
me citizenship certificate from the name of my
husband. It is stated in the writ petition.
father or mother and therefore, the writ petition is
meaningless and should be quashed.
District Administration Office, Nuwakot in its
written response has stated that, it is the procedural
rule and duty of this office to ask for submitting
necessary documents and make scrutiny of the
documents received for verification. It has been
obvious from the petition that the applicant has
taken back the documents which she has claims of
having submitted to this office without registration
or endorsement from this office. The petitioner
has not been deprived from obtaining citizenship
certificate and has not been denied for it if she
comes by enclosing the evidence and fulfilling
procedure according to Nepal Citizenship Act, 2006
and Nepal Citizenship Rules, 2007. The writ petition
is not based on true facts and therefore, deserves to
be quashed.
In the Order of this Court dated 2066/12/20 (April
2, 2010) it is stated that the respondents shall be
required to submit their written response through
the Office of the Attorney General within 15 days
upon receipt of this order excluding the time
necessary for the journey explaining what has
happened in this case? Why should the order as
sought by the petitioner not be issued? The writ
shall be presented after serving the notice to the
respondents and upon the submission of response
or lapse of time limitation.
In the written response submitted on behalf of the
District Administration Office Nuwakot it is stated
that, the application of the petitioner has not been
registered at this office and the petitioner may have
taken it back”. However, from the copy of the letter
written by that office to the District Administration
Office Kathmandu which is submitted with the
writ petition, it is written that “ Nina Tamang has
submitted an application for obtaining Nepali
Citizenship certificate” and has also inquired about
the citizenship of her father Hitman Tamang. In
which ground has the correspondence been made
to the District Administration Office Kathmandu
about the application form which is not submitted
and registered in one’s own office? The District
Administration Office shall be asked for providing
its accurate response and the writ petition shall be
presented before the bench upon receiving of the
response. It is stated in the order of this court dated
2067/10/20 (February 3, 2011). The response thereof
received from District Administration Office has
been enclosed in the case file.
In the written response submitted by the Office of
the Prime Minister and Council of Ministers it is
stated that, for the enjoyment of the substantive
rights of obtaining citizenship provided by the
prevailing Nepal law, the existing procedural law
must also be literally abided by the petitioner.
The writ petitioner has not entered the court with
clean hand since she has not abided by the legal
duties which she has to abide by, and has filed this
writ petition based only on oral expression made
with good faith for following the procedure as
determined by the law. Therefore, the writ petition
should be quashed.’
The Government of Nepal, Ministry of Home Affairs
in its written response has stated that one of the
grounds of acquiring citizenship certificate provided
by the Interim Constitution of Nepal, 2007 is that , if
the father or mother of a person is a Nepali citizen
at the time of his or her birth, such person acquires
the citizenship by descent. Law has not made any
provision as claimed by the petitioner of providing
citizenship certificate from the name of husband.
Therefore, the writ petition urging for obtaining
Nepali citizenship certificate by descent in the
name of husband is not lawful and therefore, the
writ petition should be quashed.
In this writ petition presented before the bench
as per the rule, after hearing the arguments of
learned advocates Ms. Meera Dhungana and
Susma Gautam on behalf of the petitioner and
learned Deputy Government Attorney Mr. Khem Raj
Gyawali representing on behalf of the respondent
Government of Nepal, the court has to decide
whether or not the writ of mandamus as sought by
the petitioner should be issued.
In the written response submitted on behalf of the
Ministry of Law and justice it is stated that, the writ
petition deserves to be quashed which has made
this Ministry as respondent which has no concern
with obtaining issuing citizenship certificate. The
petitioner has urged for citizenship certificate by
descent in the name of husband that is against
the provision of Nepal Citizenship Act, 2006 and
Nepal Citizenship Rules, 2007. The existing law has
guaranteed the petitioner the facility of obtaining
citizenship by descent from the name of her
The petitioner has mainly sought for issuing
necessary order including the writ of mandamus
in the name of respondent to provide and cause to
provide the petitioner the citizenship by descent
from the name of her husband since the District
Administration Office Nuwakot did not register
her application and denied to provide it orally.
The written responses contended that, since the
58
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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