SC denies stay order on DPM Lamichhane’s citizenship case

By Liladhar Upadhyaya, Kathmandu, Jan. 6: The Supreme Court (SC) on Friday denied issuing a stay order on a writ petition filed against Deputy Prime Minister and Minister for Home Affairs Rabi Lamichhane.

 The writ petition was filed at the SC challenging the legality of his citizenship.

A Constitutional Bench headed by Acting Chief Justice Hari Krishna Karki issued the order citing that it was not necessary to issue an interim order to stop Home Minister Lamichhane from discharging his duty on the ground of balance of convenience.  

The bench comprised Justices Ishwar Khatiwada, Dr. Ananda Mohan Bhattarai, Anil Kumar Shinha and Prakashman Singh Raut.

However, considering the nature of the  urgency of the case, the bench has fixed  January 25 for the next hearing.

The bench also asked the petitioners and defendants not to file any postponement plea in the court as the bench shall not entertain any form of petitions to be filed for the postponement of the hearing of the case.  

Advocate Rabi Raj Basaula and others had filed the writ petition challenging the validity of the citizenship of DPM Lamichhane.

  "Lamichhne is not found following legal procedures to acquire the new citizenship once he denounced it while getting the citizenship of the United States of America. As per the constitutional provision and the provision of the Citizenship Act, a person should undergo new legal process to acquire another citizenship certificate although he is found declaring the denouncement of the American citizenship. Similarly, DPM Lamichhane has also been found following the American law to acquire the American citizenship by revoking Nepali citizenship, but he is not found completing requirement to get the new citizenship." the petitioners and his lawyers claimed before the bench.

However, lawyers who defended DPM Lamichhane argued that there was no apparent ground to issue the interim order as demanded by the petitioners. 

The bench also passed the order to submit written notes from the lawyers, decision of the Election Commission regarding the complaint filed against Lamichhane while filing candidacy to the member of the House of Representatives, document submitted by Lamichhane in the Department of Immigration and related files including that of the District Administration Office within a week.

Also Chairman of the Rastriya Swatantra Party, Lamichhane was elected to the House of Representatives from Chitwan Constituency No. 2 in the election held  on November 20, 2022.