News
Diana ousted, focus now on dual citizens in Parliament
… she never bothered to renew SL visa after its lapse in 2015
By Shamindra Ferdinando
A three-judge Supreme Court (SC) bench has declared that SJB National List MP and State Minister Diana Gamage is not legally qualified to hold a parliamentary seat. She is one of the seven National List MPs appointed after the 2020 general election.
The SC bench consisted of E. A.G.R. Amarasekara, K. Kumudini Wickremasinghe and Janak De Silva.
The judgment was delivered yesterday in respect of a petition filed by Oshala Herath, an unsuccessful UNP candidate at the last general election. Previously, social media activist Herath had served on the Yahapalana President Maithripala Sirisena’s media staff.
Gamage is the second lawmaker to be unseated in the current Parliament on the basis of an SC ruling.
SC unseated Nazeer Mohammed (SLMC/Batticaloa district) late last year over him voting for the government, contrary to a decision taken by his party to oppose the 2021 Budget. However, the Wickremesinghe-Rajapaksa government recently rewarded him with the post of Governor, North Western Province.
Within hours after the SC declaration, the SJB announced that Mujibur Rahuman would be appointed to fill the National List vacancy created by Gamage’s ouster. Colombo District MP Rahuman resigned in January 2023 to contest as the SJB’s mayoral candidate in Colombo though President Ranil Wickremesinghe put off the local government poll indefinitely claiming the country had no money to hold elections.
Pivithuru Hela Urumaya (PHU) MP Udaya Gammanpila said that he expected the issue of dual citizens in Parliament receiving fresh public attention in the wake of the SC ruling.
Attorney-at-law Gammanpila said that in terms of the Right to Information Act (RTI) he had sought the names of those who held dual citizenship from the Immigration Controller. That request was made in late 2018 and the Controller had claimed that they didn’t have a mechanism to find that out. The request was made before the Diana Gamage’ citizen issue came to light.
The SJB appointed Gamage as a National List MP in return for the transferring control of Ape Jathika Peramuna (AJP), a party run by she and her husband Senaka de Silva, one-time aide to the then General Sarath Fonseka, to the breakaway UNP faction, headed by Sajith Premadasa.
In November, last year, the Court of Appeal dismissed Oshla Herath’s petition with Nishshanka Bandula Karunaratne and the Judge of the Court of Appeal, Khema Swarnadhipa agreeing and the Court of Appeal Judge M. A. R. Marikkar giving a dissenting judgement.
Presiding judge Nishshanka Bandula Karunaratne is on record as having said that the petitioner, Oshala Herath, had submitted a petition based on a personal and hidden political agenda.
According to submissions made by Herath, before the Court of Appeal and the Supreme Court, at the time Diana Gamage was sworn in as an MP, she was a British citizen. The Court was provided with relevant details, including the numbers of her British passports.
In the previous Parliament, Galle District MP Geetha Kumarasinghe lost her seat following the Supreme Court ruling on the basis that she had been a dual citizen of Sri Lanka and Switzerland at the time of her election.
Soon after the SC ruling, Herath said that he really appreciated the reportage of the Diana affair in a section of the press, particularly The Island over the past couple of years. He said that there had been claims of some MPs in the current Parliament having dual citizenship. But, in Diana Gamage’s case, she never bothered to obtain Sri Lankan citizenship and simply pretended she had it while being a British citizen. The courts were told that Diana Gamage used a British passport, bearing number 521398876. They were also informed that a Sri Lankan visa, issued to Diana Gamage, lapsed on 16 July, 2015, and, thereafter, there was absolutely no evidence to suggest issuance of a new visa.
Diana Gamage had also received a diplomatic passport during this period, Herath said, pointing out that in spite of this controversy, President Ranil Wickremesinghe appointed her as State Tourism Minister.
The enactment of the 21st Amendment to the Constitution should compel Parliament to take tangible measures to remove, not only dual citizens, but foreigners, as well, Herath said. Parliament couldn’t continue to turn a blind eye to the issue, particularly against the backdrop of the reportage of the British passport matter and the outcome of it.
Opp. lashes out at Justice Minister for disparaging remarks about CLA
By Shamindra Ferdinando
The Joint Opposition yesterday (09) tore into Justice and National Integration Minister Harsha Nanayakkara over some disparaging remarks about the Commonwealth Lawyers Association (CLA) in Parliament on Tuesday (08).
The Convenor of the Opposition grouping, former Law Professor Peiris questioned Minister Nanayakkara’s declaration that the CLA was a private club that granted membership on payments received. Emphasising that the CLA consisted of those in the legal profession in Commonwealth countries, Prof. Peiris told the weekly media briefing at the Flower Road Office of former President Ranil Wickremesinghe that the views expressed by the organisation couldn’t be discarded under any circumstances.
Prof. Peiris dealt with Nanayakkara’s response to the CLA’S concerns about several issues, including the composition of the five-member panel of judges. “How could Minister Nanayakkara dismiss concerns raised by CLA on the basis of the paid-membership of the organisation?” Prof. Peiris asked. If membership became an issue, the government would have to reconsider Sri Lanka’s UN membership, the ex-External Affairs Minister said, pointing out that the country had to make regular payments to retain membership of other UN agencies, as well.
Prof. Peiris said that indefensible attacks on international organisations could cause irreparable damage to the country. Appreciating the CLA’s report on the Supreme Court proceedings on the 01 and 02 September, Prof. Peiris stressed the importance of what he called total transparency in the judicial process. He said that whatever the outcome of a particular legal process, it couldn’t be done behind the backs of the public.
Referring to legal processes regarding the 6th Amendment and 13th Amendment, in 1983 and 1987, respectively, Prof. Peiris said, on both occasions the then Chief Justices Neville Samarakoon and S. Sharvananda constituted benches consisting of all Supreme Court judges.
But, the incumbent CJ Preethi Padman Surasena, in spite of the majority of petitioners demanding all available 13 justices to hear the case, decided to leave out those on the seniority list from second position to fourth position.
The government got offended because the CLA pointed that out for the whole world to take notice, Prof. Peiris said. The former parliamentarian noted that the CJ hadn’t even give a reason for declining the widespread call to involve all available 13 judges. According to him, there had been instances where CJ’s appointed seven justices to hear a particular case. Prof. Peiris cited the 2018 bench of seven judges that heard the petitions against President Maithripala Sirisena over the dissolution of Parliament and a panel constituted in 2023 to hear the 2019 Easter Sunday carnage that claimed the lives of 270 people.
The issue at hand is that the five-member panel of judges hadn’t been selected on the basis of seniority, Prof. Peiris said, once the SC determination was sent and released through the Speaker, they would meticulously examine that to make their position known to the people. Prof. Peiris said that what they really wanted to know was that if seniority hadn’t been the basis for selection what the criterion was.
News
Sri Lanka reiterates its territory won’t be used against India
The Indian Defence Ministry in a statement issued yesterday (09) quoted President Anura Kumara Dissanayake as having assured visiting Defence Minister Rajnath Singh that Sri Lanka would never allow its territory to be used for activities inimical to India’s security interests.
The text of the Indian press release: “Visiting Indian Defence Minister Rajnath Singh called on President Anura Kumara Dissanayake in Colombo on September 09, 2026. The two leaders held substantive discussions on issues covering the entire spectrum of the multi-faceted partnership between the two nations, characterised by traditionally warm relations and mutual trust.
The two sides reaffirmed that as civilisational twins, close neighbours and maritime partners, India and Sri Lanka would continue to work together for their development and welfare of the people while working jointly to ensure the safety, security, peace and prosperity of the region. The senior Indian Minister conveyed greetings on behalf of Prime Minister Narendra Modi and underlined that the citizens of the two countries share deep friendship based on strong historical & civilisational links and people-to-people exchanges.
Extending a warm welcome to Mr. Singh, President Dissanayake recalled his interactions with PM Modi and reiterated that Sri Lanka would never allow its territory to be used for any activities inimical to India’s security interests.
President Dissanayake expressed his gratitude for the relief assistance provided by India as part of Operation Sagar Bandhu during Cyclone Ditwah and the comprehensive rehabilitation package extended by New Delhi to facilitate reconstruction and rehabilitation work across different parts of the island. The powerful Indian Defence Minister emphasised that as a closest friend and neighbour of Sri Lanka, India considered it not a favour, but a responsibility to provide assistance as the first responder and would continue to do so in the future as well.
Both leaders virtually inaugurated three Bailey Bridges constructed by the Indian Defence Forces. The two sides also exchanged MoUs on upgradation of L70 Guns for the Sri Lankan Air Force, and cooperation between National Cadet Corps (NCC) & National Defence Colleges (NDC) of both the countries. The MoU on Upgradation of six L70 guns for the Sri Lankan Air Force falls under a Government of India grant. The upgradation of these air defence guns will significantly strengthen the air defence architecture of critical assets in Sri Lanka. These air defence guns were earlier provided to the Sri Lanka Air Force by India.
The MoU on academic cooperation between NDC, India and NDC, Sri Lanka will facilitate knowledge sharing which will be a significant step in further strengthening the academic bonds between both the sister institutes. The MoU on NCC cooperation will formalise the NCC youth exchange programme between India and Sri Lanka. This exchange programme provides a valuable opportunity for NCC cadets from multiple countries across the world to come to New Delhi every year and participate in NCC events.”
News
UK-led Core Group calls Jaffna mass graves a ‘stark reminder’ but stops short of calling for international accountability
Mass grave excavations in Sri Lanka are a stark reminder that thousands of cases of enforced disappearance remain unresolved, the Sri Lanka Core Group has told the UN Human Rights Council, urging Colombo to translate its stated commitment to reform into concrete progress, while again stopping short of calling for the international accountability that Tamils have long demanded.
The statement, delivered in Geneva, on Tuesday (08), during the Council’s 63rd session by the United Kingdom’s Human Rights Ambassador Eleanor Sanders on behalf of Canada, Malawi, Montenegro, North Macedonia and the UK, welcomed, what it called, the High Commissioner’s balanced assessment of the human rights situation on the island.
The group acknowledged that Sri Lanka had faced considerable challenges recently, including severe weather events and global energy shocks, and welcomed positive developments, including the ratification of the ILO Convention 190 and engagement on the Convention on the Rights of Persons with Disabilities.
“However, much further action is needed to build confidence in accountability and reconciliation efforts,” Sanders said. “Progress in several emblematic cases has not yet been accompanied by a comprehensive,
victim-centred accountability process to address past violations. Mass grave excavations are a stark reminder that thousands of cases of enforced disappearances remain unresolved. And reports of intimidation, harassment, and restrictions affecting civil society, journalists and victims’ groups, including in the North and East, still raise concerns.”
The group urged progress on democratic governance, including advancing legal and institutional reforms, resolving land-related issues, ensuring respect for human rights in detention institutions and strengthening independent institutions.
The statement follows a familiar pattern. In June, the group acknowledged “developments in certain mass grave investigations” and urged that excavations meet international standards, and in March it called for the repeal of the Prevention of Terrorism Act. At the 58th session it welcomed a series of measures Tamils regarded as superficial. Neither this statement, nor its predecessors, names Chemmani, calls for international oversight of the excavation, or addresses the demand for a referral to the International Criminal Court.
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