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Diana gets new diplomatic passport; Oshala cries foul

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Dual citizenship controversy:

By Shamindra Ferdinando

Attorney-at-Law Chameera Dinesh Gallearachchi has warned Controller General, Department of Immigration and Emigration, I.S.H.J. Illukpitiya, that the Commission to Investigate Allegations of Corruption or Bribery (CIABOC) will be moved against him unless he arrested British passport holder Diana Gamage, MP, over the violation of the Immigrants and Emigrants Act No 20 of 1948 as amended. The lawyer asked that she be deported unless she produced a valid visa to stay here.

Gamage received the appointment as State Minister for Tourism from President Ranil Wickremesinghe recently.

Lawyer Gallearachchi, in a letter dated 20 Dec. 2022. addressed to the Controller General, has questioned the circumstances Diana Gamage obtained two Sri Lankan passports, bearing nos 5091386 and Ol 5654784 on January 24, 2014 and August 07, 2018, respectively, while retaining her British passport. The one issued in 2018 has been categorized as an official passport.

The Counsel for civil society activist Oshala Herath, pursuing legal measures against the rebel Samagi Jana Balawegala (SJB) lawmaker, has sought an explanation regarding the issuance of two Sri Lankan passports to Gamage, who used British passport bearing no 521398876.

Referring to relevant records, maintained at the Immigration and Emigration Department, Herath has asked how British passport holder Diana Gamage continued to live here, without renewing/obtaining a new visa. According to the lawyer’s complaint to the Immigration and Emigration Chief, the visa, issued to Gamage, had lapsed on July 16, 2015 and, thereafter, there was absolutely no evidence to suggest issuance of a fresh valid document.

Herath, the former presidential media aide, during the Yahapalana administration, and failed UNP candidate, at the 2020 general election, told The Island that the recent enactment of the 21st Amendment to the Constitution should compel the Parliament to take tangible measures to remove, not only dual citizens, but foreigners, as well. The Parliament couldn’t continue to turn a blind eye to the issue at hand, particularly against the backdrop of reportage of the British passport matter.

The SJB accommodated Diana Gamage on its National List in appreciation for her, and her husband, Senaka Silva, allowing the breakaway UNP faction, led by Sajith Premadasa, to contest through their party. They also allowed the re-registration of the party as Samagi Jana Balawegala.

The lawyer has also raised Diana Gamage having two birth certificates ,bearing nos 6553 and 4683, on the basis of documents submitted to obtain two Sri Lankan passports, in 2014 and 2018.

On behalf of Herath, lawyer Gallearachchi has requested that the MP be dealt with in terms of the Immigration and Emigration Act, including overstaying visa, and recovering the two Sri Lankan passports.

Meanwhile, Herath has also lodged a complaint with the CIABOC over the inordinate delay, on the part of the Immigration and Emigration Department, to take action, in spite of a lengthy CID investigation that proved the accusations beyond doubt. In spite of the disclosures, pertaining to the issuance of Sri Lankan passports, in 2014 and 2018, and the outcome of the CID investigation being reported to Court, the incumbent Immigration and Emigration Controller issued a diplomatic passport, bearing no D 5659363 to lawmaker Gamage.

Herath has asked how the incumbent controller ignored a letter dated Dec. 15, 2021 written by his predecessor U. V. Sarath Rupasiri, addressed to Defence Secretary, Gen. Kamal Gunaratne, regarding Diana Gamage’s status that she was not a Sri Lanka citizen, hence couldn’t be issued a passport.

Lawyer Gallearachchi has written to Immigration and Emigration Chief, in the wake of Colombo Chief Magistrate, Nandana Amarasinghe, temporarily lifting the travel ban imposed on Diana Gamage for a period of five days.

The Magistrate made this order, subsequent to a request made by President’s Counsel Sarath Jayamanne.

The Magistrate ordered the temporary lifting of her travel ban on two sureties of Rs.200,000 each.

The SJB recently moved Court against its own National List MP over the issues in hand.

President’s Counsel Sarath Jayamanne appeared for the State Minister.



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High-Level discussion on measures to curb illegal fishing, poaching, and drug trafficking activities under the guise of fishing

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A high-level meeting was held at the Parliament premises on 11 November to review strategies for curbing illegal fishing and poaching activities within Sri Lanka’s waters.

The meeting was co-chaired by the Minister of Fisheries, Aquatic and Ocean Resources  Ramalingam Chandrasekar, Minister of Justice and National Integration Harshana Nanayakkara, and the Deputy Minister of Defence Major General Aruna Jayasekara (Retd).

The discussion focused on preventive measures, law enforcement actions, and inter-agency cooperation to effectively counter these emerging challenges. Several key issues, including poaching by local and foreign fishing vessels in local waters, expediting court cases related to arrested fishing boats, the use of unauthorized radio frequencies, and non-fishing activities such as smuggling carried out under the guise of fishing were taken up for delibration at the meeting.

Particular attention was given to the practice of  local fishing vessels deliberately disabling their Vessel Monitoring System (VMS) to engage in unlawful fishing and illicit activities within prohibited areas.

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Rasika Peiris assumes duties as Commissioner General of Elections

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Rasika Peiris assumed duties as the Commissioner General of Elections

Rasika Peiris assumed duties as Commissioner General of Elections today (14)  with the post falling vacant on the retirement of Saman Sri Rathnayake .

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NJC flays SJB leader for his pledge to implement 13A fully

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The National Joint Committee (NJC) has condemned SJB and Opposition Leader Sajith Premadasa’s recent declaration in New Delhi that he would fully implement the 13th Amendment to the Constitution.

Lieutenant General Jagath Dias (Retd) and Dr. Anula Wijesundera Co-Presidents of the NJC issued the following statement: The NJC is “shocked, dismayed, disappointed and disgusted” over the recent statement made by the Hon Leader of the Opposition during a private visit to India where he has said that he endorses and would fully implement the controversial 13th Amendment – to the Sri Lanka Constitution when he is elected to power.

NJC views this undertaking with a sense of betrayal and lookdown of the nation and as highly uncalled for and unbecoming of a sitting Member of Parliament representing the main opposition party.

The NJC views the 13th Amendment as obsolete as not only had the Indo-Lanka agreement been signed under duress but also India failed to honour their part of the agreement (to disarm the LTTE). As a result, the conflict dragged on for three decades and the thousands of Sri Lankan security forces personnel sacrificed of their lives, a vast number of Civilian Live’s were also lost.

NJC considers that it is pertinent to clarify the awareness of Hon Opposition Leader Sajith Premadas on following key concerns with regards to the 13th Amendment:

The 13th Amendment was imposed under foreign duress in 1987 under threat of military intervention. 

Nationally critical amendment signed without the consent of the Sri Lankan people (absence of sovereign consent) 

Persistence of separatist ideology overseas pursued by the separatist lobby groups with the support of Western governments. 

That it is a threat to national unity and the unitary nature of the state (Article 2 of the constitution) If land, Police and administrative powers are devolved. 

NE province Chief Minister at that time made a unilateral declaration of independence UDI in 1990.

That it would make the state all the more difficult to ensure the duty of the state to protect and foster the Buddha Sasana (Article 9) if devolved or subjected to regional authority. 

Awareness on successive supreme court rulings that sovereignty is indivisible and compromising core powers of the state to peripheral units directly threatens constitutional supremacy of the Parliament and National Security.

When the constitutionality of the 13th Amendment was challenged in the supreme court 5 out of 9 judges on the bench held it will not affect the unitary character of the constitution because so much power is vested in the executive president. However subsequent amendments to the constitution diluted the power of the executive president. Therefore, the 13th Amendment cannot be implemented as it would adversely affect the constitution.

N J C in the meantime would also wish to clarify if what was stated by the Hon leader of the opposition in India is his personal opinion / SJB’s opinion or his collective party memberships opinion please.

N.J.C’ upholds and categorically re-affirms its learned position that, “The divisive, un-constitutional 13th Amendment must be comprehensively reviewed followed by a referendum for public approval”

N.J.C urge all political leaders to act in the best interest of the nation, conduct with responsibility, patriotism and love for the nation and its people without succumbing to any sort of external pressure and manipulation that threaten the sovereignty of our motherland when representing the country locally or over-seas.

N.J.C calls all patriotic citizens to observe well before pledging allegiance with political parties and politicians who undertake to protect the territorial integrity and sovereignty of Sri Lanka not be agents for foreign nations.”

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