CoA dismisses petition against Diana; Justice Marikkar wary

Wednesday, 1 November 2023 00:30 - - {{hitsCtrl.values.hits}}

The Court of Appeal, led by its President Justice Nissanka Bandula Karunarathne and Justices K. Swarnadithpathi and Ahsan Marikkar, delivered a split verdict in favour of State Minister Diana Gamage, dismissing the writ petition aimed at her removal from parliament.

The majority, consisting of Justices Karunarathne and K. Swarnadipathi, concluded that there were no valid reasons to remove the Parliamentarian from her seat, while Justice Marikkar sided with her removal.

Justice Karunarathne, delivering the majority verdict, stated that the petitioner had not presented sufficient evidence to prove that Gamage was not a Sri Lankan citizen and that the Petition seemed to be filed with malicious intent. He also noted that the petitioner had not established a valid public interest.

In contrast, Justice Marikkar, delivering the dissenting judgement, held that the petitioner had successfully demonstrated that Gamage held British citizenship, and Gamage in turn had failed to rebut the petitioner’s claims.

Justice Marikkar emphasised that parliamentarians must be answerable to the public, and the petitioner had fulfilled that responsibility by raising the issue.

Petitioner Oshala Herath filed a Writ of Quo Warranto with the intention of unseating Gamage, arguing that she was not a Sri Lankan citizen.

Counsel Hafeel Farisz, along with Nishika Fonseka, represented the petitioner, while Deputy Solicitor General Disna Warnakula appeared on behalf of the Attorney General. Shavindra Fernando PC represented State Minister Diana Gamage.