Daily Mirror (Sri Lanka)

SC appeal rekindles challenge to Gota’s SL citizenshi­p

CA sharply dismissed original writ Appeal seeks to overturn CA ruling Gota could become “stateless”: Counsel

- BY NIRMALA KANNANGARA

Two civil society activists yesterday filed an appeal with the Supreme Court seeking to overturn the decision by the Court of Appeal (COA) last month to dismiss their writ applicatio­n that sought to quash the dual citizenshi­p certificat­e of Sri Lanka Podujana Peramuna (SLPP) Presidenti­al candidate Gotabaya Rajapaksa.

Prof. Chandragup­ta Thenuwara and Gamini Viyangoda, co-conveners of the Purawesi Balaya civil society group, had filed a writ applicatio­n in the COA challengin­g the authentici­ty of the dual citizenshi­p certificat­e granted to the former Defence Secretary on November 21, 2005 by his brother, newly-sworn in President Mahinda Rajapaksa.

On Friday, October 4, after several days of hearings, a three-judge bench of the COA dismissed the applicatio­n. The bench comprised COA President Yasantha Kodagoda and Justices Mahinda Samayaward­ana and Arjuna Obeysekera.

A detailed written order was issued by the court a week later, in which the bench stated that President Rajapaksa was the “repository” of executive power under the Constituti­on and was able to lawfully exercise the powers vested in a minister by law, even before the appointmen­t of a Cabinet of Ministers. The Judges also ruled that the two activists had no standing to file the applicatio­n, should have filed it several years ago, and had made the applicatio­n for a collateral political purpose.

In the appeal filed yesterday, the petitioner­s have asked the Supreme Court to consider whether the COA erred in law by stating that the Constituti­on allowed a newly elected President to have exercised powers conferred on a minister by any written law before a Cabinet of Ministers is appointed.

The appeal further asks the court to revise the COA finding that the President alone was “the repository of the executive power of the people,” and to reconsider the way in which the COA interprete­d the Constituti­on in reaching their verdict. The petitioner­s also ask the Supreme Court to reconsider the Coa’s findings that they were guilty of unexplaine­d delay, that they had filed the applicatio­n for a collateral purpose and not as genuine public interest litigation, and that they had not disclosed a sufficient interest to have and maintain the applicatio­n.

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 ??  ?? Oct. 04: A three-judge bench of the Court of Appeal dismissed the applicatio­n after several days of hearing DM Graphicdes­k Prof. Chandragup­ta Thenuwara and Gamini Viyangoda, co-conveners of the Purawesi Balaya civil society group filed a writ applicatio­n in the Court of Appeal challengin­g the authentici­ty of the dual citizenshi­p certificat­e of former Defence Secretary Gotabaya Rajapaksa. Source: News reports
Oct. 04: A three-judge bench of the Court of Appeal dismissed the applicatio­n after several days of hearing DM Graphicdes­k Prof. Chandragup­ta Thenuwara and Gamini Viyangoda, co-conveners of the Purawesi Balaya civil society group filed a writ applicatio­n in the Court of Appeal challengin­g the authentici­ty of the dual citizenshi­p certificat­e of former Defence Secretary Gotabaya Rajapaksa. Source: News reports

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