Court prioritises citizenship related cases

By A Staff Reporter

Kathmandu, Aug. 9: Bhadrakali Pokhrel, Registrar of the Supreme Court, has stated that the Court prioritises citizenship-related cases.

Speaking at a discussion on 'The Status and Challenges in Implementing Court Decisions Related to Citizenship Issues,' organised by the Forum for Women, Law and Development (FWLD) in collaboration with the Supreme Court Judgment Execution Directorate, Pokhrel emphasised that without mutual cooperation, justice cannot be served.

He further said that the Directorate has been playing a key role in facilitating implementation. Gajendra Bahadur Singh, Director General of the Directorate, said it acts as a bridge between court decisions and executing agencies, stressing that no individual should be rendered stateless.

Participants noted that Supreme Court rulings on citizenship are often not treated as precedents in similar cases. They observed that most decisions are person-specific and thus not applied broadly.

Janak Prasad Sharma, Director at the Directorate, presented a paper on the historical, current, and international practices regarding citizenship, highlighting gaps in implementation and institutional challenges.

Man Bahadur Karki, Supreme Court Registrar, pointed out that many verdicts remain unenforced due to legal loopholes, despite being grounded in the Constitution.

Ishwari Prasad Dhakal, Joint Attorney at the High Court, recommended simplifying procedures, updating forms, and raising awareness among local officials to improve enforcement.

Man Bahadur Aryal, Joint Secretary at the Ministry of Law, Justice, and Parliamentary Affairs, stressed the need for continued legal reform.

Senior Advocate Meera Dhungana from FWLD said that failure to implement court rulings on citizenship has created numerous problems. She noted that FWLD has documented several cases where citizenship was denied justice despite favourable verdicts. Assistant Chief District Officers of Bhaktapur and Kathmandu stated that some Supreme Court decisions exceeded jurisdiction, complicating enforcement.

Chiranjibi Bhandari, Assistant Chief District Officer of Bhaktapur, clarified that citizenship is issued to applicants with complete documentation, while others must return to court.

At the event, Kumar Joshi, shared that despite having a favourable verdict two years ago after an 11-year legal fight, he has not yet received citizenship certificates. His case remains unresolved due to administrative issues involving district jurisdiction.