By Lakmal Sooriyagoda

A motion filed by Samagi Jana Balawegaya (SJB) requesting to appoint a fuller bench comprising five judges of Court of Appeal to hear State Minister Diana Gamage’s citizenship case has been rejected by the President of Court of Appeal.   

Court of Appeal Justice (President) Nissanka Bandula Karunaratne has also rejected another motion filed by Social activist Oshala Herath, the petitioner of this writ petition regarding the same request.   

Following the divergence of opinion between two judges of Court of Appeal regarding the judgment into the writ petition filed over Diana Gamage’s citizenship issue, two motions have been filed seeking a fuller bench comprising five judges of Court of Appeal to hear the petition, owing to the grave national importance of the matter. 

 
In his motion, SJB General Secretary Ranjith Madduma Bandara being the fourth respondent of the petition had requested to appoint a fuller bench of five justices of the Court of Appeal to hear this matter on September 14.   

On July 25, the 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 comprising Justices Nissanka Bandula Karunaratne, .A.R. Marikkar and K.K.A.V. Swarnadhipathi.   

The SJB General Secretary’s motion had been filed through Attorney-at-law Sandun Gamage and Oshala Herath filed his motion through Attorney-at-law Tharmaja Darmaja.   

In his writ application, Oshala Herath 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.   
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. The petitioner further said Diana Gamage is disqualified from election as a MP or to sit and vote in Parliament under and in terms of Article 91 read with Article 89 and Article 90 of the Constitution of Sri Lanka.