By Lakmal Sooriyagoda  

The Colombo Chief Magistrate’s Court yesterday issued a show-cause notice to the OIC of Anti-Human Smuggling Investigation Bureau (ASIB) attached to CID ordering to explain the progress of investigations into the B report filed against State Minister Diana Gamage regarding a complaint that she had obtained a Sri Lankan passport after furnishing false information to the Controller General of Immigration and Emigration.  

In 2021, the CID had filed a B report in the Chief Magistrate’s Court against Diana Gamage over a complaint that she is a British citizen residing in Sri Lanka without a dual citizenship status.  

A group of lawyers led by Senior Counsel Gunaratne Wanninayake in a motion before Colombo Chief Magistrate alleged that the CID has failed to initiate a credible investigation against the State Minister since 2001 for allegedly committing offences under Penal Code and Immigrants and Emigrants Act.  
After being satisfied with the submissions made by the lawyers, Chief Magistrate Nandana Amarasinghe issued notice on the OIC of Anti-Human Smuggling Investigation Bureau to appear in Court on November 10 to explain the progress of the investigation into the incident.  
The CID had commenced investigations into this incident subsequent to a complaint lodged by social activist Oshala Herath who contested the 2020 General Election under the UNP ticket (Colombo District).  

According to the B report filed before court, the CID alleged that investigations would be carried out against parliamentarian Diana Gamage under section 175 of Penal Code for furnishing false information and under sections 45(1)(a) and 45(1)(c) of the Immigrants and Emigrants Act (IEA) for remaining in Sri Lanka in contravention of the provision of the IEA and making a false representation.  

Oshala Herath had made a written complaint with CID on November 2, 2020 alleging that parliamentarian Diana Gamage had fraudulently obtained an Official Sri Lankan passport without disclosing her British citizenship. The CID had initially informed the court that they have already recorded a statement from the complainant in respect of his written complaint and further said his statement was accompanied by supporting documents.  

According to the B report, the CID had recorded statements from officials attached to the Department of Immigrants and Emigrants, Thimbirigasyaya and Dehiwala divisional secretariat offices and relevant Grama Niladhari officers in order to ascertain the authenticity of the documents furnished by parliamentarian including her birth certificate. 

• Oshala Herath had made a written complaint with CID  alleging that parliamentarian Diana Gamage had fraudulently obtained an  Official Sri Lankan passport without disclosing her British citizenship