Colombo, Jan 19 (Daily Mirror) - While granting Leave to Appeal in the State Minister Diana Gamage's citizenship case, the Supreme Court questioned how the Controller General of Immigration and Emigration had filed a document containing the entry and exit details of Diana Gamage, and later had stated in an affidavit that he was not aware of which Diana Gamage this information pertained to.
During the hearing the Supreme Court heard that the former Controller General of Immigration and Emigration and the officers of the Department of Immigration and Emigration had, in fact said in writing that Diana Gamage is not a citizen of Sri Lanka. The Court questioned as to how the present Controller General of Immigration and Emigration could file an affidavit with ambiguity.
The Supreme Court today granted Leave to Appeal on all questions of law with regard to the citizenship of State Minister Diana Gamage and fixed the matter for argument on February 12. All the parties were directed to stick to strict timelines.
This leave to appeal petition was supported by Counsel Hafeel Farisz who told Court that the Court of Appeal had dismissed his initial application on preliminary objection despite there being evidence that Diana Gamage is not a citizen of this country.
President's Counsel Shavindra Fernando appearing for Diana Gamage said that the dismissal of the Court of Appeal is correct in law.
Having heard the submissions by the Supreme Court three-judge-bench comprising Justice Preethi Padman Surasena, Justice Achala Wengappuli and Justice Priyantha Fernando, granted Leave to Appeal in all questions of law including if the Court of Appeal correctly applied the law with regard to the write of Quo Warranto in the present case.
Earlier by majority decision the bench dismissed the application with one Judge holding that Diana Gamage was disentitled from holding office.
Counsel Hafeel Farisz with Nishika Fonseka, Shannon Thilekerathne, Rajith Samarasekera and Sanjeewa Kodithuwakku appeared for the Petitioner, while Shavendra Fernando PC with Mirdula Thambiah appeared for Diana Gamage.
Deputy Solicitor General Disna Warnakula with Suranga Warnakula appeared for the Attorney General.
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