CA calls for documents from Immigration Dept. on Diana’s citizenship issue

• Counsel Hafeel Farisz appearing for the petitioner told Court that Diana Gamage was an alien unknown to the Sri Lankan law

By Lakmal Sooriyagoda 

The Court of Appeal yesterday directed the Controller General of Immigration and Emigration to submit documents relating to the citizenship of State Minister Diana Gamage.

Court of Appeal two-judge-bench comprising Justices Sobhitha Rajakaruna and Dhammika Ganepola directed the petitioner and Attorney General to file a motion with the required documentation.

Meanwhile, the Court of Appeal issued notices on State Minister Diana Gamage and other respondents returnable for December 12.

Social activist 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 a MP.
Counsel Hafeel Farisz appearing for the petitioner told Court that Diana Gamage was an alien unknown to the Sri Lankan law.  He said that respondent Gamage is holding the office of State Minister without being a citizen of the country and that she could not have been nominated or could not vote at an election. “The facts of this case would startle anyone. Its rife with fraud on the people” Mr. Farisz added.

Senior State Counsel Suranga Wimalasena appearing for the Attorney General and the Controller General of Immigration and Emigration said that if Diana Gamage had obtained British citizenship, she would cease to be a Sri Lankan citizen. He said the only matter he wanted to clarify is if any person who is not a citizen could obtain a British passport.

President’s Counsel Farman Cassim appearing for Ranjith Madduma Bandara of the Samagi Jana Balawegaya told Court that they were responsible for her nomination and that it is clear as to why she switched sides.
Diana Gamage was not represented by a lawyer yesterday. The Court issued formal notice on all respondents to be returnable on the 12th of December 2022.

In this case, 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.