By Lakmal Sooriyagoda  

The Court of Appeal yesterday decided to hear the writ petition filed over Diana Gamage’s citizenship issue to be heard before a Court of Appeal three-judge-bench since the two-judge-bench was split on its verdict regarding the petition.   

In this writ application, the petitioner is seeking an order declaring State Minister of Tourism Diana Gamage is disqualified to be a Member of Parliament since she is a British citizen.   Court of Appeal two-judge-bench comprising Justice (President) Nissanka Bandula Karunaratne and Justice M.A.R. Marikkar delivered a split verdict and ordered this matter to be heard before a three-judge-bench.  

The Court was informed that Justice K.K.A.V. Swarnadhipathi has been nominated to hear this petition together with Justices Bandula Karunarathne and M.A.R. Marikkar on September 14.  

Oshala Herath filed this petition seeking an order in the nature of a Writ of Quo Warranto declaring that Diana Gamage is disqualified to be a Member of Parliament and is thus not entitled to hold office as an MP.  

The petitioner claimed that State Minister Diana Gamage is a British citizen and only a British citizen can hold a British Passport. The petitioner maintained that by virtue of becoming a citizen of another country, Parliamentarian Diana Gamage ceased to be a Sri Lankan citizen. The petitioner said Diana Gamage has not obtained dual citizenship or any other form of citizenship in Sri Lanka.  

Counsel Hafeel Farisz with Nishika Fonseka appeared for the petitioner. President’s Counsel Shavindra Fernando appeared for Diana Gamage. 

*** Court was informed that Justice K.K.A.V. Swarnadhipathi, Justices Bandula  Karunarathne and M.A.R. Marikkar have been nominated to hear the petition on September 14.