The Supreme Court on monday upheld the Nepal Citizenship Act 2006 that was recently promulgated by Parliament.
A single bench of Justice Tahiar Ali Ansari said the act was promulgated according to the needs of the country and, as such, cannot be challenged in a court of law. The bench also said the act was promulgated as per the spirit of the May 18 declaration of the House of Representatives.
Senior advocate Ganesh Raj Sharma and advocates Balkrishna Neupane, Tirlochan Gautam and Amita Shrestha argued with the bench seeking a stay order to government authorities. The bench, however, ruled that there was no need to even issue a show cause notice and scrapped the petition.
Advocate Shrestha had filed the petition on November 29 claiming that the act was against the 1990 Constitution.
She claimed that non-Nepalis will reap the benefits of the act and acquire citizenship certificates. She had demanded that the SC declare the act null and void. She claimed that the same was issued by the House with an ill intention. The Office of the Prime Minister and Cabinet, the House of Representatives, Speaker Subas Nembang and the Ministries of Home Affairs and Law, Justice and Parliamentary Affairs were made the defendants.
Earlier, the Parliament Secretariat had told the apex court that the act was promulgated after declaring Articles 8, 9 and 10 of the 1990 Constitution null and void.