Petitioner seeks five-judge-bench to hear Diana Gamage’s citizenship case

By Lakmal Sooriyagoda  

Following the divergence of opinion between two judges of Court of Appeal regarding the judgement into the writ petition filed over Diana Gamage’s citizenship issue, a motion has 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.  

Social activist Oshala Herath, the petitioner of this writ application yesterday filed a motion urging the President of Court of Appeal to appoint a fuller bench comprising five judges to hear this application 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.  

The petitioner is of the view that the matters impugned before court concern matters of grave national importance, including the holding of ministerial office by a non-citizen. He further stated that this matter has caused considerable debate within and outside parliament and is a matter that the Petitioner believes goes to the root of democratic governance and the rule of law in the country.  

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.  
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.