Supreme Court Verdict Ends Diana Gamage's MP Role

Sri Lanka's Supreme Court Ends State Minister's Role As Member of Parliament

by Zulfick Farzan 08-05-2024 | 10:38 AM

This Report Was Updated At 4:45 PM



COLOMBO (News 1st); The Supreme Court issued a writ that effectively terminates State Minister Diana Gamage's tenure as a Member of Parliament.

The decision comes after a petition filed by Oshala Herath, Chairman of the Abhinava Nivahal Peramuna, was taken up.

Herath's appeal challenged the two-thirds majority decision that had been rendered following the hearing of a writ petition related to Diana Gamage's British citizenship in the Court of Appeal.

The Supreme Court's ruling now puts an end to her parliamentary responsibilities.

The application against Diana Gamage was considered in the presence of a three-judge bench comprising Justices Gamini Amarasekera, Kumuduni Wickremesinghe, and Janak De Silva.

In a unanimous verdict, the Supreme Court has determined that Diana Gamage lacks legal citizenship in Sri Lanka, rendering her ineligible to hold a position as a Member of Parliament.

Accordingly, the Supreme Court ordered government officials to take necessary action, as per the court order.

Justice Janak De Silva said that during the trial, it was established that Diana Gamage had entered Sri Lanka using a British passport.

The Justice added that despite the proceedings, she failed to provide evidence of her Sri Lankan citizenship before the court.

The court invoked Article 89 of the Constitution, which prohibits individuals deprived of Sri Lankan citizenship from serving in the country's Parliament.

Based on this constitutional provision, the Supreme Court concluded that Diana Gamage's continued presence as an MP would be unconstitutional.

Accordingly, the Supreme Court issued a writ explicitly stating that Diana Gamage is not qualified to hold a seat in the Parliament.

Lawyer Hafeel Faris represented the petitioner, Oshala Lakmal Herath, while President's Counsel Shaveendra Fernando appeared on behalf of Diana Gamage.

Additionally, President's Counsel Farman Cassim represented the Samagi Jana Balawegaya in the proceedings.