Judgment in citizenship case against Diana Gamage postponed yet again

• Social activist Oshala Herath filed the petition seeking an order in the nature of a Writ of Quo Warranto

By Lakmal Sooriyagoda  

The Court of Appeal yesterday postponed for October 31 to deliver its judgement regarding the writ petition filed seeking an order declaring State Minister of Tourism Diana Gamage is not qualified to be a Member of Parliament since she is a British citizen. 

The judgment regarding this petition was to be delivered yesterday (18) by the Court of Appeal three-judge-bench. However, this petition was listed as a matter to be mentioned instead of delivery of judgment.  

Court of Appeal Justice (President) Nissanka Bandula Karunaratne announced that the judgment regarding this petition would be delivered on October 31.  
On June 6, 2023 the Court of Appeal had postponed for July 25 to deliver its judgment regarding this writ petition. 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.  
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.  
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.  
Counsel Hafeel Farisz appeared for the petitioner. President’s Counsel Shavindra Fernando appeared for Diana Gamage. Farman Cassim PC appeared for SJB General Secretary.    

• The petitioner said Diana Gamage has not obtained dual citizenship or any other form of citizenship in Sri Lanka