SC stays citizenship distribution

Published On: May 8, 2019 06:00 AM NPT By: Republica  | @RepublicaNepal

KATHMANDU, May 8: The Supreme Court on Tuesday issued a stay order to suspend the issuing of citizenship by descent to the offspring of those who were given citizenship by birth through a special one-time decision one and a half decades ago.

A division bench of justices Ishwar Prasad Khatiwada and Sushmalata Mathema issued the order superseding the go ahead for citizenship distribution issued by a division bench of justices Hari Krishna Karki and Bam Kumar Shrestha on April 16.

The bench also referred the case to a special bench for a final decision. Justices Karki and Shrestha had directed the government to issue citizenship by descent to the offspring of those given citizenship by birth under the special one-time decision in 1997.

Justices Karki and Shrestha had argued that as the relevant constitutional provision was clear there was no need to halt the distribution of citizenship to the eligible . Challenging this decision, senior advocate Balkrishna Neupane had petitioned the apex court .

In his petition, he stated that the circular issued by the Ministry of Home Affairs to go ahead with the citizenship distribution was itself unconstitutional.

Tuesday's order cited the judgment of Chief Justice Cholendra SJB Rana and Justice Tej Bahadur Karki concerning another petition filed by senior advocate Borna Bahadur Karki. That verdict suspended the distributing of citizenship to doubtful recipients as per the recommendations of the Jitendra Narayan Dev committee.

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