The Court of Appeal today directed the Controller General of Immigration and Emigration to submit documents relating to the citizenship of State Minister Diana Gamage.
The Court of Appeal’s two-judge bench, comprised of Justices Sobitha Rajapakaruna and Dhammika Ganepola, directed the petitioner and Attorney General to file a motion with the required documentation.
Meanwhile, the Court of Appeal issued notices to State Minister Diana Gamage and other respondents returnable for December 12.
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 an MP.
Counsel Hafeel Farisz, appearing for the petitioner, told the court that Diana Gamage was an alien unknown to Sri Lankan law. He said that respondent Gamage is holding the office of state minister without being a citizen of the country and that she could not have been nominated or could not vote at an election. “The facts of this case would startle anyone.” “It’s rife with fraud on the people,” Mr. Farisz added.
Senior State Counsel Suranga Wimalasena, appearing for the Attorney General and the Controller General of Immigration and Emigration, said that if Diana Gamage had obtained British citizenship, she would cease to be a Sri Lankan citizen. He said the only matter he wanted to clarify was whether any person who is not a citizen could obtain a British passport.
Presidents Counsel Farman Cassim, representing Ranjith Madduma Bandara of the Samagi Jana Balawegaya, told the court that she was nominated by them and that the reason she switched sides was obvious.
Diana Gamage was not represented by a lawyer today. The Court issued a formal notice to all respondents, with the case set to be heard on December 12, 2022.
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.
