Court ruling on Oct 18

Civil society activist Oshala Herath yesterday (21) said that he had launched a special website (www.dianagamage.info) to inform the public of his case against State Minister Diana Gamage over the citizenship issue.

One-time head of New Media an outfit established by yahapalana President Maithripala Sirisena emphasized the importance of winning public support to pressure the powers that be to take corrective measures.

The Court of Appeal will deliver its verdict on Oct. 18 in respect of the petition filed against the Samagi Jana Balawegaya (SJB) National List MP. Gamage, who switched her allegiance to the ousted President Gotabaya Rajapaksa soon after being appointed one of the seven SJB National List MPs following the last parliamentary poll conducted in Aug 2020.

The petition sought the annulment of Gamage’s NL seat on the basis of her being a British citizen.The Court of Appeal three-judge-bench comprising Justice (President)

Nissanka Bandula Karunaratne, Justice K.K.A.V. Swarnadhipathi and Justice M.A.R. Marikkar on Sept. 14 announced that the judgment in respect of this petition would be delivered on Oct. 18. The parties were directed to file their written submissions before October 4.

SJB General Secretary Ranjith Maddumabandara is the fourth respondent in the unprecedented case. Herath said that public response was vital and the media, including social media, could play a significant role in efforts to address such issues.

Earlier the Court of Appeal dismissed petitioner’s request for a fuller bench of five justices of the Court to determine State Minister Diana Gamage’s citizenship matter. The appeal has been made in terms of Article 140 of the Constitution.

At the onset, the first time entrant to parliament was accused of holding British and Sri Lankan dual citizenships. However, counsel for petitioner Herath and fourth respondent Maddumabandara, Hafeel Farisz and Farman Cassim, PC, respectively, told the Court that the Controller General of Emigration and Immigration in his affidavit admitted the fact that his department has not issued a citizenship certificate to Diana Gamage though she claimed to have relinquished her British citizenship.

Shavindra Fernando, PC, who appeared for State Minister Gamage moved the court to dismiss the petition as it was contrary to the Court of Appeal rule 3(1)(a) of 1990. The counsel argued that the petitioner relied on a statement given by the lawmaker to the CID which he said was inadmissible in accordance with the Evidence Ordinance (SF)