The petitioner requests a five-judge bench of the Court of Appeal to decide on the citizenship issue of Diana Gamage.I

Following the divergence of opinion between two judges of the Court of Appeal with regard to the writ petition filed over Diana Gamage’s citizenship issue, a motion has been filed seeking a fuller bench comprising five judges of the Court of Appeal to hear the petition, owing to the grave national importance of the matter.

Social activist Oshala Herath, the petitioner of this writ application, today filed a motion urging the President of the Court of Appeal to appoint a full bench of five judges to hear this application on September 14.

On July 25, the Court of Appeal’s two-judge bench comprising Justice (President) Nissanka Bandula Karunaratne and Justice M.A.R. Marikkar delivered a split verdict and ordered this matter to be heard before a three-judge bench.

The petitioner is of the view that the matters impugned before the court concern matters of grave national importance, including the holding of ministerial office by a non-citizen. He further stated that this matter has caused considerable debate within and outside parliament and is a matter that the Petitioner believes goes to the root of democratic governance and the rule of law in the country.

In this writ application, the petitioner is seeking an order declaring State Minister of Tourism Diana Gamage disqualified to be a Member of Parliament since she is a British citizen.

In this writ application, the petitioner is seeking an order declaring State Minister of Tourism Diana Gamage disqualified to be a Member of Parliament since she is a British citizen.

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 Articles 89 and 90 of the Constitution of Sri Lanka.