No arrest of Diana until AG’s instructions received

Following the Colombo Magistrate's Court's direction that an arrest warrant is not required for the Criminal Investigations Department (CID) to take action against State Minister of Tourism Diana Gamage for her alleged violation of the Immigrants and Emigrants Act, the CID has sought the Attorney General's (AG) instructions prior to taking any action regarding the matter.

When contacted by The Daily Morning, Police Media Spokesman, Senior Superintendent of Police and Attorney-at-Law Nihal Thalduwa said that the CID has sought instructions from AG, President's Counsel Sanjay Rajaratnam regarding the matter. He said that the CID will take the necessary steps when the relevant instructions are received from the AG.

Social activist Oshala Herath, who lodged a complaint with the CID claiming that Gamage's passport, national identity card (NIC) and birth certificate are fake, based on which the relevant case is being heard at the Colombo Magistrate's Court, also told The Daily Morning that he has been informed by the CID that the AG's instructions have been sought on the matter.

When the case pertaining to the complaint which has been filed by Herath with the CID was taken up before Colombo Magistrate Prasanna Alwis on 9 February, the Magistrate observed that an arrest warrant is not required for the CID to take action against Gamage for her alleged violation of the Immigrants and Emigrants Act. He also stated that there was sufficient evidence to support that Gamage had obtained a Sri Lankan passport by submitting a fake NIC and birth certificate.

Furthermore, Rienzie Arsecularatne PC, appearing on behalf of the petitioner, said last week that in the event of a person of a non-political background having committed such an offence, prompt legal action would have been taken against them. However, he said that no such situation can be seen in this case as the case concerns a State Minister.

The case is to be taken up again on 2 March 2023.

Following a group of lawyers informing the Court through a motion that the CID had not informed the Court of any investigation into the complaint which was lodged by Herath in 2021, this case was first taken up before the Colombo Magistrate’s Court on 27 October 2022. It has also been claimed in the complaint that Gamage has violated the Immigrants and Emigrants Act by obtaining a Sri Lankan passport, without holding Sri Lankan citizenship.