State Minister’s citizenship case: Petitioner asks for fuller bench 

By Shamindra Ferdinando

Petitioner Oshala Herath has requested a fuller bench of five justices of the Court of Appeal to determine State Minister Diana Gamage’s citizenship matter next month.

The appeal has been made in terms of Article 140 of the Constitution.

The Court of Appeal, on 25 July, decided to hear the writ petition filed, in respect of Samagi Jana Balawegaya MP Diana Gamage’s citizenship issue, to be heard before a Court of Appeal three-judge-bench. The announcement was made after the Court delivered a split verdict regarding the petition.

The former aide to President Maithripala Sirisena and defeated UNP candidate at the 2020 general election has sought the Court to declare State Tourism Minister Gamage disqualified to be a Member of Parliament as she is a British citizen.

Court of Appeal two-judge-bench comprising Justice (President) Nissanka Bandula Karunaratne and Justice M.A.R. Marikkar delivered a split verdict and thereby paving the way for a three-judge-bench to make a ruling on 14 September, 2023. Justice K.K.T.V Swarnadipathi is the other judge appointed to a divisional bench that consisted of the two justices who heard the case.

Counsel Hafeel Farisz with Nishika Fonseka appeared for the petitioner. President’s Counsel Shavindra Fernando appeared for Diana Gamage. Gamage is one of the seven MPs appointed on the SJB National List. She first crossed swords with the SJB leadership over her decision to vote for the 20th Amendment to the Constitution.

In his petition, Herath has explained that the case caused quite a considerable debate both in and outside Parliament, hence the need for a fuller bench.

In addition to MP Gamage, 13 others, including Law and Order Minister Tiran Alles, have been made respondents.