The Supreme Court has raised concerns over what appears to be inconsistency in the handling of State Minister Diana Gamage's citizenship case by the Controller General of Immigration and Emigration. The Court granted Leave to Appeal while questioning the Controller General's actions in filing a document containing Diana Gamage's entry and exit details, only to later claim ambiguity in identifying which Diana Gamage the information pertained to.
During the hearing, it was revealed that the former Controller General of Immigration and Emigration, along with department officers, had explicitly stated in writing that Diana Gamage is not a citizen of Sri Lanka. The Court expressed bewilderment at the current Controller General's filing of an affidavit with apparent ambiguity.
The Supreme Court, comprising Justice Preethi Padman Surasena, Justice Achala Wengappuli, and Justice Priyantha Fernando, granted Leave to Appeal on all questions of law related to Diana Gamage's citizenship. The matter is scheduled for argument on February 12, with strict adherence to timelines mandated for all parties involved.
Counsel Hafeel Farisz, supporting the Leave to Appeal petition, informed the Court of Appeal's dismissal of his initial application based on a preliminary objection. Despite evidence indicating Diana Gamage's non-citizenship, the Court of Appeal's decision was a point of contention.
President's Counsel Shavindra Fernando, representing Diana Gamage, argued that the Court of Appeal's dismissal was legally sound.
Deputy Solicitor General Disna Warnakula, appearing for the Attorney General, also participated in the proceedings.
This Leave to Appeal petition gained traction after the Court of Appeal, in a majority decision, dismissed the application, with one judge asserting that Diana Gamage was disqualified from holding office. The Supreme Court's subsequent inquiry into the immigration-related inconsistencies adds a layer of complexity to the ongoing legal saga surrounding Diana Gamage's citizenship status.
