The Court of Appeal today granted more time for State Minister of Tourism Diana Gamage to file objections against a writ petition filed seeking an order declaring she is disqualified to be a Member of Parliament since she is a British citizen.
President’s Counsel Shavindra Fernando, appearing for Diana Gamage, sought a further two-month period to file objections, citing that his client has been engaged to travel overseas on an official commitment, thus she is unable to obtain necessary documents pertaining to the instant matter.
Counsel Hafeel Farisz and Nishika Fonseka, appearing for the petitioner, raised objections to the postponement, saying this case shows that “all men are equal and some men are more equal than the others.”
He further said that the conduct of Diana Gamage was an affront to the Court of Appeals.
Taking into consideration the facts, Court of Appeal two-judge-bench comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola granted two weeks period for Diana Gamage to file objections.
Social activist Oshala Herath filed this petition, seeking an order in the nature of a Writ of Quo Warranto declaring that Diana Gamage is disqualified to be a Member of Parliament and is thus not entitled to hold office as a MP.
In this case, the petitioner claimed that State Minister Diana Gamage is a British citizen, and only a British citizen can hold a British passport. The petitioner maintained that by virtue of becoming a citizen of another country, Parliamentarian Diana Gamage ceased to be a Sri Lankan citizen. The petitioner said Diana Gamage has not obtained dual citizenship or any other form of citizenship in Sri Lanka.
The petitioner further said Diana Gamage is disqualified from election as a MP or from sitting and voting in Parliament under and in terms of Article 91 read with Article 89 and Article 90 of the Constitution of Sri Lanka.
