SC sets aside CA judgement:
Fails to prove Sri Lankan citizenship in court:
The Supreme Court yesterday issued a Writ of Quo Warranto disqualifying State Minister Diana Gamage being a Member of the Parliament of Sri Lanka any further, setting aside the judgements of the Court of Appeal. It was issued by the Court declaring the decision on an appeal filed by social activist Oshala Herath against the majority judgement of the Court of Appeal to dismiss a Writ petition filed by him challenging the citizenship of State Minister Gamage in 2023. The order agreed by Justices Gamini Amarasekara and Kumudini Wickremasinghe was read out by Justice Janak De Silva yesterday.
It has been revealed in the hearing that Diana Gamage has come to Sri Lanka using a British Passport and has failed to prove her Sri Lankan Citizenship in court.
The Supreme Court has decided that Diana Gamage is not entitled to be an MP as she is not holding a valid citizenship of the country. According to Article 89 of the Constitution, non-Sri Lankan citizens are disqualified to be a Member of Parliament.
The Court of Appeal on October 31 last year dismissed the petition by Osala Herath against Diana Gamage and the appeal petition was filed by him thereafter.
Hafeel Farisz with Nishika Fonseka and Shannon Tillekeratne appeared for Oshala Herath, Shavindra Fernando, PC with M.Skandarajah appeared for Diana Gamage while Farman Cassim, PC with Vinura Kularatne and T.Abeyratne appeared for the Samagi Jana Balawegaya.
Deputy Solicitor General Dishna Warnakula with State Counsel Rajin Gunaratne represented the other Respondents in this case.
The court also ordered Diana Gamage to pay Oshala Herath the cost incurred by him for the cases filed in both the Court of Appeal and Supreme Court.
Lahiru Fernando