(3) of Clause 5 of Nepal Citizenship Act, 2063 has
also furthered the aforementioned provision.
Petitioner, Raju Shaiyad Mohammad, furnished
application in District Administration Office,
Chitwan, on date 2064/11/06 (February 18, 2008
A.D.) asking for naturalized citizenship and the
District Administration Office, Chitwan sent the file
along with the aforementioned application to Home
Ministry on date 2064/11/29 (March 12, 2008 A.D.)
for the sake of decision, but no decision has been
made by Home Ministry till now. As no decision
has been made by the opponent Ministry, there is
the situation that the petitioner has been deprived
of the right to obtain naturalized citizenship as
per the Constitution and law. The Government of
Nepal cannot stay away from letting the children
of a Nepalese citizen use the right of citizenship
conferred by the Constitution and law. By not even
making any decision till many years of furnishing
the application along with necessary evidence for
obtaining the citizenship, the Home Ministry has
made great injustice upon the petitioner and other
persons like the petitioner who have furnished
applications. Consequently, by being stateless, the
persons including the petitioner are compelled to
undergo lots of difficulties for the sake of consuming
the services and facilities allowed by the state.
Such behavior shown against the petitioner by the
Government of Nepal is not only unjustifiable but
also unconstitutional and against the law as well.
Hence, Mandamus order should be issued on the
name of the opponent, the Government of Nepal,
stating to implement or get the provisions relating
to naturalized citizenship to be conferred by the
Interim Constitution of Nepal and law implemented
in practice, and to confer or get the naturalized
citizenship conferred to the persons including the
petitioner as soon as possible.
(1) Is or is not there the situation of the delay
caused by the Government of Nepal, Home
Ministry to decide on the issue whether Raju
Shaiyad Mohammad of the writ petitioners
can be conferred the Nepalese naturalized
citizenship or not?
(2) Is any order supposed to be issued in the
present writ petition including in connection to
other persons claimed in the petition, besides
Raju Shaiyad Mohammad of the writ petitioners
or not ?
(3) Does the condition to issue order as per
petitioners’ claim exist or not?
First of all, let’s consider about the first issue
determined for the sake of decision. In this, the
petitioners’ principal petition claim is seen to
have been that of the petitioners, Raju Shaiyad
Mohammad is a person qualified to obtain the
Nepalese naturalized citizenship as per the
Constitution of Nepal, 2063 and Nepal Citizenship
Act, 2063, and because the provisions contained
in the Constitution and in law for the naturalized
citizenship to be conferred could not be practically
implemented, other persons including the petitioner
have been deprived of obtaining the naturalized
citizenships. Hence, Mandamus should be issued
on the name of Home Ministry, stating to practically
implement the aforementioned constitutional
and legal provisions and to decide to immediately
confer the citizenships to other persons including
the applicant who have applied for the naturalized
citizenships. In the affidavit presented by the
opponent, Law and Justice Ministry, it has been
mentioned that it has no jurisdiction on the matter
of citizenship. In the affidavit presented on behalf
of Home Ministry, description is seen to have
been mentioned that the documents submitted
by the writ petitioner, Raju Shaiyad Mohammad,
along with the application asking for naturalized
citizenship are under investigation and after the
investigation, necessary decision shall certainly be
made on whether the applicant is supposed to be
conferred the naturalized citizenship or not; hence,
intervention is not supposed to be made through
the writ scope presently.
Learned deputy-attorney general, Mr. Yog Raj
Baral, present on behalf of the opponent, the
Government of Nepal, presented the pleading
stating that there is situation that delay has been
made to decide not to confer the petitioner the
naturalized citizenship. Just a delay in decision is
caused because the investigation work upon the
application furnished by the petitioner has not been
concluded. The Government of Nepal is prepared
to confer citizenship to the petitioner if, after the
investigation, he is seen to be qualified to obtain
the naturalized citizenship. Hence, writ petition
should be revoked.
7.
The provisions contained in the Interim Constitution
of Nepal, 2063 and Nepal Citizenship Act, 2063
on the issue of obtaining Nepalese naturalized
citizenship by the children born from Nepalese
citizen woman married with a foreign citizen are
as follows:
Order of this Court :
•
Considering the aforementioned pleadings, upon
studying the evidence documents attached with the
document file, it is seen that justice is supposed to
be decided pertaining to the following issues.
Sub-Article (7) of Article 8 of the Interim
Constitution of Nepal : Despite whatever has
been written elsewhere, in connection to the
person born from the Nepalese citizen woman
64
Compilation of Selected Decisions of Supreme Court on
CITIZENSHIP and BIRTH REGISTRATION
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