• Advocate General of Province 2 Dipendra Jha says it is a landmark verdict

Kathmandu, September 13

Arjun Kumar Sah, a resident of Mahottari district, who had been going from pillar to post to make his citizenship certificate for years on the basis of his mother’s nationality, finally won his legal battle.

The Supreme Court today ordered the government to issue Nepali citizenship to Sah, as his mother is a Nepali citizen. Sah, who holds an MBA degree, has been fighting legal battle for four years to get his voter identity card and citizenship certificate. He had filed a case in this regard under the Interim Constitution five years ago and that case is still sub-judice.

He moved the Supreme Court again on February 8. The apex court issued an interim order to the government on February 9, telling it not to deprive Sah of his rights that other citizens are entitled to, including opening bank accounts and enrolling in educational institutions.

Sah had filed a petition stating that his mother was a Nepali national and since he was born in Nepal and went to school in Nepal as a resident of Nepal, he should get naturalised citizenship. The petition adds that when he went to get a recommendation letter from Matihani Ward Office-8, the officers refused to issue him a recommendation citing lack of federal laws to address the problems of people like him. Sah stated in his petition that he was not able to exercise his constitutional and legal rights due to lack of citizenship certificate.

He said his father had been living in Nepal for 38 years but did not have citizenship of any country.

He invoked Article 11 (5) of the constitution which stipulates that citizenship of   a child born to a Nepali mother will be converted to naturalised citizenship if his/her father is found to be a foreigner.

Sah told THT over phone from Mahottari that he was glad to win the case, but showed concern for people like him in Madhes who were stateless. “I was lucky to get legal help on pro bono basis but there are many who are not so lucky. They lack resources and knowledge for seeking legal remedies. I’ll help them get their citizenship,” he added.

Sah said he lost crucial years for applying for government and private jobs due to authorities’ refusal to grant him citizenship. “I was selected manager of Sahyogi Bikas Bank in Janakpur five years ago, but could not join due to lack of citizenship,” he said.

Advocate General of Province 2 Dipendra Jha said it was a landmark verdict which met rights activists’ demand for ending discrimination between male and female on nationality issues. “This precedent will have to be reflected in the new citizenship bill being discussed in the Parliament,” he added.

The petitioner has named the Office of the Prime Minister and Council of Ministers, the Ministry of Home Affairs and District Administration Office, Mahottari, as defendants.

A division bench of justices Deepak Kumar Karki and Tej Bahadur KC issued the order on Sah’s petition.