The Colombo Chief Magistrate’s Court today further extended its order directing the Controller-General of Immigration and Emigration to prevent State Minister Diana Gamage from leaving the country. This order will be effective until December 15.
Colombo Chief Magistrate Nandana Amarasinghe announced that the order regarding the request to recall the travel ban will be delivered on the next hearing date.
President’s Counsel Sarath Jayamanna, appearing for the State Minister, sought an order to revoke the travel ban imposed against his client. He said the court issued the said travel ban upon a request made by an external party to the case. Neither the Immigration and Emigration authorities nor the CID had made a request to impose travel restrictions. There is no evidence that my client would flee the country, as a government state minister, Jayamanna, argued.
Meanwhile, President’s Counsel Rienzie Arsekularatne, appearing for the complainant in the case, raised objections to relaxing travel restrictions and moved the court to issue an arrest warrant against the State Minister for allegedly committing offences under the Immigrants and Emigrants Act (IEA). Arsekularatne said Diana Gamage obtained a Sri Lankan passport after furnishing false information to the Controller General of Immigration and Emigration.
Senior Counsel Athula Ranagala, appearing for Samagi Jana Balawegaya General Secretary Ranjith Maddumabandara, contended that any aggrieved party can invoke the court’s jurisdiction since it is an offence committed against the state and society as a whole. He said his client’s political party has been severely prejudiced by the conduct of Diana Gamage, which is relevant to this case.
The Court has already issued an order directing the CID to expedite the investigation into a B report filed against State Minister Diana Gamage regarding a complaint that she had obtained a Sri Lankan passport after furnishing false information to the Controller General of Immigration and Emigration.
The CID filed a B report in the Chief Magistrate’s Court in 2021 against Diana Gamage, alleging that she is a British citizen living in Sri Lanka without dual citizenship.
The CID had commenced investigations into this incident subsequent to a complaint lodged by social activist Oshala Herath, who contested the 2020 General Election under the UNP ticket (Colombo District).
According to the B report filed before court, the CID alleged that investigations would be carried out against parliamentarian Diana Gamage under section 175 of the Penal Code for furnishing false information and under sections 45(1)(a) and 45(1)(c) of the Immigrants and Emigrants Act (IEA) for remaining in Sri Lanka in contravention of the provisions of the IEA and making a false representation.
Oshala Herath filed a written complaint with CID on November 2, 2020, alleging that parliamentarian Diana Gamage had fraudulently obtained an official Sri Lankan passport without disclosing her British citizenship. The CID had initially informed the court that they had already recorded a statement from the complainant with respect to his written complaint and further said his statement was accompanied by supporting documents.
