A writ petition has been filed in the Court of Appeal seeking an order in the nature of writ of quo warronto declaring that the appointment of Basil Rajapaksa as the Member of Parliament is illegal and he has no right to sit and vote in Parliament.
Ven. Ulapane Sumangala Thera and retired civil servant Lacille de Silva today filed this petition naming Finance Minister Basil Rajapaksa, Secretary-General of Parliament and Attorney General as respondents.
The petitioners are also seeking an interim order restraining Basil Rajapaksa from functioning in the office of the Minister of Finance or any other public office until the final determination of this application.
The petitioners state that the Minister Basil Rajapaksa who committed to depend on the Constitutional Sovereignty of the USA, cannot support and defend a constitution of another country or sovereignty or a foreign domain due to conflict of interests which can lead to a calamity to either or both the countries.
The Petitioners state that Basil Rajapaksa as well as his wife and all the children are citizens of the USA and his first and foremost allegiance and affiliation is towards the USA and it is much greater than that of Sri Lanka.
The petitioners state that Basil Rajapaksa openly stated and wide publicity is given by the media prior to and after the parliamentary election held in 2020 that he will never renounce or give up his citizenship of the United States of America under any circumstances and his USA citizenship is much more important and valuable to him than any ministerial portfolios in Sri Lanka.
The Petitioners state that they were unable to ascertain whether he has in fact obtained a dual citizenship in Sri Lanka or not though the petitioners made many attempts to ascertain it.
The Petitioners state that Basil Rajapaksa was appointed as a Member of Parliament by the Sri Lanka Podu Jana Peramuna (SLPP) on 08th July 2021 and thereafter he was appointed as the Minister of Finance on the same day.
The Petitioners state that members of parliament do come within the purview of public officer in terms of Article 170 and as provided in Article 61 and that no person shall be permitted to enter upon duties of his office until he takes and subscribes the oath or makes and subscribes the affirmation as set out in the 4th schedule to the Constitution of the Republic of Sri Lanka.
The Petitioners state that it is a mandatory requirement for any person who obtains citizenship in the United States of America has to make an oath of allegiance to absolutely and entirely renouncing and abjuring all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which he has heretofore been a subject or citizen.
The Petitioners state that Minister Basil Rajapaksa being the Minister of Finance in Sri Lanka submitted the Cabinet Memorandum dated 06.09.2021 to facilitate New Fortress Energy, (NFE) a Company of the United States of America, to purchase 40% shares of West Coast Power (Pvt) Limited (WCPL), the execution of the Terminal Project which includes the Floating Storage Regasification Unit (FSRU), Mooring System and Pipelines and the Supply of Liquefied Natural Gas (LNG).
The Petitioners state that Wimal Weerawansa, Minister of Industries, openly expressed to the media that the ministers of the cabinet were not given an opportunity at least to read the contents of the memorandum.
The Petitioners state that as a result of the said agreement, the said USA company will lead to hold the monopoly in the electricity generation and distribution in Sri Lanka.
The Petitioners state that it is prima facie to be presumed and could be inferred that Basil Rajapaksa was obliged to do so due to the prevalence of conflict of interests between thetwo countries and succumbed to the pressure from the said USA Company.
