CID inquiry into MP’s citizenship takes a new turn, court informed

By Shamindra Ferdinando

The Election Commission yesterday (4) said that a political party once re-registered couldn’t be forcibly taken back under any circumstances by those who gave up its possession.

Authoritative sources emphasized that such a move wasn’t realistic. The EC said so when The Island sought a clarification as regards Samagi Jana Balavegaya (SJB) National List MP Diana Gamage’s recent declaration that tangible measures would be taken to bring the re-registered party under its original leader, her husband Dr. Senaka de Silva and the decision making Working Committee of the Ape Jathika Peramuna (AJP).

Lawmaker Gamage issued the warning to SJB and Opposition Leader Sajith Premadasa, in a letter dated March 25, 2021 after the National List MP was asked to show cause as to why she voted for the 20th Amendment to the Constitution last October contrary to a decision taken by the party. However, several others representing the SLMC and ACMC who contested the general election, too, voted for the new law.

In a hard-hitting three-page letter, MP Gamage demanded that proposed disciplinary measures in respect of her decision to vote for the 20th Amendment to the Constitution should be terminated forthwith or face the consequences. The new entrant to the parliament cautioned SJB chief Premadasa that he might lose the Opposition Leader’s Office as their party’s position was challenged as the main opposition.

The SJB secured 54 seats, including seven National List slots at the last general election in August 2020. The SJB accommodated Gamage, the former General Secretary of the AJP on its National List. She also received the post of the Assistant Secretary of the SJB in accordance with the understanding between the top SJB leadership and Dr. Senaka de Silva, formerly of the Sri Lanka Army and one-time aide to General Sarath Fonseka at the time he contested the 2010 presidential election under the swan symbol.

Re-registration of AJP as SJB took place in early 2020 under the guidance of the then EC Mahinda Deshapriya between the last presidential and general elections in Nov 2019 and Aug 2020, respectively. At that time the EC comprised Deshapriya, Nalin Abeysekera, PC and Prof. Ratnajeevan Hoole. However, in terms of the 20th Amendment enacted in Oct 2020; the EC has been expanded with attorney-at-law Nimal G. Punchihewa as Chairman. The other current EC members are M. M. Mohamed, S.B. Diwaratne, K. P. P. Pathirana and Jeevan Thyagarajah.

MP Gamage, in her letter, a copy of which is available with The Island, stressed that the AJP originally registered by her husband was offered to the then UNP faction led by Deputy Leader of the party without any financial compensation. However, some of those who hadn’t been involved in the process of re-registration of the party and formulation of new party constitution were now trying to take control, Gamage said.

She challenged the SJB to prove what section/s of the constitution she violated by voting for the 20th Amendment.

Lawmaker Gamage reiterated she backed the 20th Amendment as she strongly believed in giving President Gotabaya Rajapaksa unilateral political authority at the expense of her party. The MP emphasized that only those who followed petty political agenda considered her action as a violation of party discipline.

Last month MP Gamage joined SLPP lawmakers at a meeting chaired by President Gotabaya Rajapaksa at the Presidential Secretariat.

SJB General Secretary Ranjith Madduma Bandara yesterday told The Island that the party would proceed with the planned disciplinary measures against the MP. The veteran politician dismissed what he called lawmaker Gamage’s empty rhetoric.

Lawmaker Gamage flayed those SJB members who called her a prostitute despite knowing the role played by her in building up the new outfit.

Meanwhile, the Criminal Investigation Department (CID) inquiring into a complaint lodged by defeated UNP Colombo District candidate Oshala Herath over lawmaker Gamage not being a Sri Lankan citizen at the time she contested the last general election in August 2020 has informed the Colombo Chief Magistrate court that Gamage obtained Sri Lankan passports by furnishing false information to Controller, Immigration and Emigration. The police had filed a ‘B’ report in the court.

Herath has lodged the complaint on Nov 2, 2020 regarding Gamage securing two passports, including an official passport.

Investigations have revealed the official passport has been issued following interventions made by the then Additional Secretary (administration), Media Ramani Gunawardena and Finance and Media Ministry Secretary Dr. R.H.S. Samaratunga. Among those who had been questioned in this regard were Deputy Controller, Immigration and Emigration Dinushan Ramawickrama, Jinani Kusumawel Athukorale, also of the same institution, Chalani Weerakoon of Registrar of Persons Department, former Finance and Media Secretary Dr. R.H.S. Samaratunga, Ramani Gunawardena, retired Additional Secretary (administration), Media, Jeewani Karunaratne, additional district registrar, Divisional Secretariat, Thimbirigasyaya, Mangalika Fernando of Divisional Secretary’s Office, Dehiwela and Padmini Sriyalatha Yapa, grama sevaka.

The police have informed the Magistrate of their move to seek clarification from the British High Commission in this regard.

In terms of the Constitution foreign passport holders cannot enter parliament. Geetha Kumarasinghe a couple of years ago lost her Galle district seat for being a dual citizen at the time she contested on the then UPFA ticket. However, the 20th Amendment to the Constitution has paved the way for dual citizens to enter parliament.