Diana Gamage’s citizenship case: British Government ‘proof’ of citizenship handed over to CID

Social activist Oshala Herath, who has lodged a complaint with the Criminal Investigations Department (CID) claiming that the State Minister of Tourism Diana Gamage had obtained an ordinary passport and a diplomatic passport by submitting false information to the Department of Immigration and Emigration, and that she was illegally staying in Sri Lanka while holding British citizenship, has submitted a copy of the certificate issued by the British Government in 1998, certifying that Gamage had obtained British citizenship, to the CID.

In a letter addressed to the Deputy Inspector General of Police (DIG) of the CID, S.P. Ranasinghe, Herath has claimed that according to the certificate of naturalisation issued by the British Government, Gamage alias Nayana Samanmalee Gamage or Nayana Samanmalee Rajapakse, has obtained British citizenship on 31 March 1998.

He also said in the letter that according to the B report which has been submitted to the Colombo Magistrate's Court by the CID with regard to his complaint, Gamage has obtained a Sri Lankan National Identity Card (NIC) bearing the number 658534300v on 22 December 2004, hiding the fact that she is a British citizen, from the Department of the Registration of Persons.

The letter further read that Gamage has obtained three Sri Lankan passports bearing the numbers N5091386, OL5654784, and D5659363, furnishing the aforesaid NIC, and has also been registered in the electoral registry.

Herath has informed the CID that he has lodged a complaint with the Commission to Investigate Allegations of Bribery or Corruption, seeking a probe into the alleged violation of the Immigrants and Emigrants Act, No. 20 of 1948 and the misuse of official power by the Controller General of the Department of Immigration and Emigration, Harsha Ilukpitiya who has issued a diplomatic passport to Gamage when the latter does not hold Sri Lankan citizenship. Noting that an alleged misplacement of documents pertaining to Gamage, which were in the custody of the Immigration and Emigration Department has come to light during the Court proceedings on 3 March 2023, he claimed that there is a reasonable doubt that Ilukpitiya, directly or indirectly, has been involved in the incident, and therefore requested that an investigation be carried out into the alleged misplacement.

Herath also said that according to Section 49 of the Immigrants and Emigrants Act, which reads as “with reference to any proceedings under this Act or under any regulation, order, direction, instructions, or other instrument made or issued thereunder or with reference to anything done or proposed to be done under this Act or any such regulation, order, direction, instructions, or other instrument, if it is alleged by any person (a) that he/she is not a citizen of Sri Lanka, or (b) that he/she belongs to any particular class or description of persons who are not citizens of Sri Lanka, or (c) that he/she is a citizen of Sri Lanka, or (d) that he/she belongs to any particular class or description of persons who are citizens of Sri Lanka, or (e) that he/she is a national of any particular country, the burden of proving that fact shall, notwithstanding anything in the Evidence Ordinance, lie upon that person”, Gamage is bound to submit the British citizenship renunciation certificate if she is still holding Sri Lankan citizenship. Despite the relevant provision, he said that the CID acquiring that responsibility and making efforts can be referred to as a waste of public money, a violation of the law, an act of corruption, and an intentional cause of delay.

There are two cases which are being heard at the Colombo Magistrate's Court and the Court of Appeal, through which Herath has sought action against Gamage for her alleged violation of the said Act by obtaining Sri Lankan passports while holding British citizenship. Allegations of producing fake NICs, passports, and birth certificates to obtain passports have also been levelled against her. The Colombo Magistrate's Court recently stated that there was sufficient evidence to support that Gamage had obtained a Sri Lankan passport by submitting a fake NIC and birth certificate.

The petition filed seeking to disqualify Gamage from holding a Parliamentary seat has been fixed for hearing before the Court of Appeal on 3 and 4 April 2023.

The decision was announced by the Appellate Court bench comprising Court of Appeal President, Justice Nissanka Bandula Karunaratne and Justice A. Marikkar when the case was taken up yesterday (9)