Further consideration of petition against Gotabaya’s citizenship tomorrow
Posted on October 2nd, 2019
Courtesy Adaderana
A three-judge bench of the Court of Appeal has postponed further consideration of the petition filed against recognizing the citizenship of former Defence Secretary Gotabaya Rajapaksa, till 1.30 pm tomorrow (03).
When the petition was taken up today (30), the Controller General of the Department of Immigration and Emigration, the Commissioner General of the Department of Registration of Persons and the Director of the Criminal Investigation Department (CID) had presented themselves before the judge bench.
Deputy Solicitor General Nerin Pulle, appearing on behalf of the Controller of Immigration and Emigration, informed the court that the Department of Immigration and Emigration does not have the applications and documents pertaining to the passport of the defendant, Mr Gotabaya Rajapaksa.
President’s Counsel Romesh de Silva, appearing on behalf of Mr Rajapaksa, then stated that continuing this hearing without those documents would be unfair to his client. Raising preliminary objections, he further said that a case is being heard before the Colombo Magistrate’s Court regarding the issue underlying this case.
The defence attorney further stressed that presenting a petition in such manner based on facts which are part of an ongoing court case and hearing the petition would be seriously problematic. He stated that if the Magistrate’s Court decides that his client is innocent the facts which are the basis of this petition would also be unfounded.
President’s Counsel Romesh de Silva claimed that the court has no power to hear this petition and therefore requested it to dismiss the petition.
President of the Appeal Court Justice Yasantha Kodagoda stated that the court will consider the fact presented in the preliminary objections on a later date and that the petitioners should be given the opportunity to make submissions.
Attorney-at-Law Suren Fernando, appearing on behalf of the petitioners, alleged that the citizenship certificate issued to Mr Gotabaya Rajapaksa is not a valid document before the law.
He added that according to Article 19 of the Citizenship Act only the subject minister is vested with the power to issue dual citizenship. However, he said that Gotabaya Rajapaksa’s certificate of citizenship has not been issued by the relevant subject minister, it has been issued by then President Mahinda Rajapaksa, which he says is an illegal act.
Therefore the citizenship certificate which Mr Rajapaksa is supposed to own is an invalid document before the law, he declared.
Deputy Solicitor General Nerin Pulle, making submissions, stated that executive powers are vested with the President in accordance with the Constitution and that those powers are vested with the President even if a Cabinet of Ministers has not been appointed.
Therefore if at some point even if a minister has not been appointed to the subject relating to the Citizenship Act, the powers of the minister are vested with the President as Executive, the Deputy Solicitor General explained.
The former President could have signed the dual citizenship certificate in 2005 under the powers of the relevant ministry as he is the head of the government and the executive, the Attorney General’s Department said.
The petition was filed by two social activists Gamini Viyangoda and Prof. Chandraguptha Thenuwara on Monday (30).
The Controller General of the Department of Immigration and Emigration, the Commissioner General of the Department of Registration of Persons, Minister Vajira Abeywardena, Secretary to the Ministry of Internal & Home Affairs and Provincial Councils & Local Government, Opposition Leader Mahinda Rajapaksa, former Defence Secretary Gotabaya Rajapaksa, Acting Inspector General of Police (IGP), Director of the Criminal Investigation Department (CID), Senior Deputy IGP of CID and Officer in Charge of CID’s Special Branch have been cited as the respondents of the petition.
The petitioners allege that Gotabaya Rajapaksa has obtained a passport and a National Identity Card (NIC) claiming that he revoked his US citizenship.
The petitioners further stated that they have the necessary information to prove the former Defence Secretary did submit proper documentation to verify revocation of his US citizenship when obtaining a Sri Lankan passport and a NIC.
Hence, the petitioners request the Appeals Court to deliver an order suspending the issuance of a passport and a NIC to Gotabaya Rajapaksa. They have also sought an interim order preventing the functioning of said passport and NIC until the court delivers the petition’s verdict.
October 2nd, 2019 at 4:15 pm
The Laws of a country are there to serve the people and the nation as a whole and not vice-versa. Granting of Dual Citizenship to Gotabhaya Rajapakse took place at a time of war and the President of the country needed the services of his brother to fulfil a highly confidential as well as critical position for the war effort. The nation of Sri Lanka is all privy to the role performed by Gotabhya in that position and the successful conclusion of a war effort which was deemed impossible even by all-knowing war pundits in Sri Lanka and abroad.
Even otherwise to my knowledge, a position in an administration does not go vacant due to the absence of the usual operator. At all times an administration exists in a country – even during the transition period between two administrations!
What is termed, as “residual responsibility” remains at all times to continue the necessary services. In this case, it is apparent that the President as the Head of the Cabinet and as the Commander in Chief of the Armed Forces has taken over that responsibility and acted quite correctly to enable him to fill the vacancy of the Secretary of Defence in the most timely manner.
Moreover, the petitioners had nearly fifteen years to bring this matter before courts if indeed they genuinely thought that an infringement on the law of the land has taken place. To bring such an accusation at the cusp of an election to a popular leader can only be considered an act of malice and an attempt to deprive the voting public their democratic choice at the coming Presidential Election on 16 November this year.
These very same petitioners were so curiously silent when the then Prime Minister Ranil Wickramasinghe (- appointed without a majority by a President who has now become a hateful court jester) unlawfully took over part of the Finance Ministry that included the Central Bank under his authority and robbed and pauperised an entire nation in terms of direct losses in the Bond Market, raised interest rates in the banks and in general all taxes.
It is now common knowledge how he went on to put in place a well-planned fraud on the people of Sri Lanka, now infamously called the Central Bank Bond Scam. As a part of this fraud, he also appointed a non-citizen to the position of the Governor of the Central Bank, Arjuna Mahendran who is now a fugitive before the law. Not only did they rob the Central Bank once in February 2015, the similar but more disastrous fraud was committed in March 2016 while still keeping the same Governor in charge of the Central Bank.
The NGO Dollar Wallahs know their time to make dollars is fast coming to an end and are doing their utmost to fulfil the wishes of their masters the traitorous murderous UNP and their masters – the Christian Western Powers!
October 2nd, 2019 at 4:54 pm
Gotabaya and his wife must renounce US citizenship and produce the US government issued Citizenship Renounciation Certificate. Otherwise there is no proof they are not Americans.
An American citizen as president or first lady pose a severe threat to Sri Lanka’s national security and soverignty.
Mahendran is no excuse. It is another example why Sri Lanka must not have any foreign citizen in any government position.
USA is far worse than Singapore! For the record USA is a “Christian Western Power”. Rather the leader of them.
19A should have banned all those who are married to foreign citizens too from parliament and the office of the president.
October 2nd, 2019 at 7:18 pm
I too am a citizen of a foreign country and a dual citizen of Sri Lanka. Just because I obtained foreign citizenship I am no less a citizen or a lover of my motherland. 24/7 I think and wish well for my motherland, though circumstances forced me to seek my fortunes elsewhere. There are millions like myself spread all over the world.
Gotabhaya did not leave the Army because he was scared but took intelligent action when the Government that he was assigned to defend was in the business of killing the Generals.
Gotabhaya has proven beyond any doubt that he is a far superior person, a soldier, a patriot and beyond any doubt an enduring citizen of Sri Lanka. According to Dilrook all those who Sri Lankans who have taken foreign citizenship pose a security threat to Sri Lanka and her sovereignty including that fine lady Mrs Gotabhaya Rajapakse.
What hogwash even supposed to be educated people can bring as arguments, just because one hates the person.
Notwithstanding the case before the Law Courts of Sri Lanka, a vast majority in Sri Lanka wants Gotabaya as their leader. Sri Lanka hasn’t had a person even closely resembling a leader since Mahinda Rajapakse was defeated at a fraudulent election in Jan 2015. Let the people decide; after all the laws of a country are for the benefit of the people and have no standing beyond them!
Wetatath, Niyaratath goyam kanna ida denna baha!
October 2nd, 2019 at 8:34 pm
Me too. But Sri Lanka cannot take the risk. Systems and national security should not depend on individuals. It must cater to all possibilities because national security is precious and foremost.
No foreign citizens and spouse of a foreign citizen should be within any decision making position in a government body.
October 2nd, 2019 at 9:42 pm
“There are millions like myself spread all over the world.“- Ratnapala. There may be thousands better than you.
It is love for my country that I rejected citizenship of a developed country. I did not even apply for a permanent residency of a country ( where I had already established well) and returned to Sri Lanka with my young family because that time I felt bad to do so ( too proud to be a Sinhalaya then).
Let me say this. Even before finally applied for a citizenship, I applied for the dual citizenship of my motherland. I got the dual citizenship 1 year before I got the foreign citizenship.
You can apply for the dual citizenship, when you have the intention of becoming a citizen of another country . My certificate says that clearly.
But man concerned is different. He did not care about all these (like I cared) when he obtained foreign citizenship. He did not apply to retain his Sri Lanka citizenship before he applied to foreign citizenship.
Keep bashing me for loving my motherland.
October 3rd, 2019 at 3:23 pm
Dilrook, by the same token Barrack Obama, should have been considered an alien because he spent part of his life in Indonesia. In fact, there was an allegation that he was not born in America and an issue over his birth certificate. However, all these insignificant and mala fide accusations did not prevent Barrack Hussein Obama from becoming the President of the United States of America and also served two terms in office.
The other point is, at what point did Gotabhaya Rajapakse become a security risk? We all know that he held the all-important position of the Secretary of Defence admirably well during the last and most important phase of the 30-year-old Tamil Racist Terrorist war for Eelam. Millions of grateful Sri Lankans still hold him in high regard, love and respect. Of course, there are others who grudge his forthrightness and fearlessness.
Today even his wife the good most unassuming lady – Mrs Rajapakse who did yeoman services for the war disabled Ranaviruwoes has become a moot point for lily-livered guttersnipes who question Gotabhaya families’ right to being citizens of Sri Lanka. Leave alone the legalities, in the eyes of the people they remain, First Citizens of Sri Lanka, whether the Gotabhaya distractors like it or not.
Yes, Randeniyage – there are millions of like me living overseas. Yes, there may be thousands better than me living overseas and meeting the challenges of the Tamil DIaspora and other distractors of Sri Lanka head-on. and I am happy about that. It is those patriots living overseas most of them, citizens of the countries they live in who come in their thousands to take up the challenge of the Anti- Sri Lanka forces abroad. One does not have to live in Sri Lanka per se to be a patriot. Wherever you are in the world, if you are a patriot, your war front is a step in front of you. One does not have to be physically in Sri Lanka to fight for the Unitary and Sovereign Sri Lanka. We all did, did you?
Then what about the thousands of traitors still living in Sri Lanka and helping the Unpatriotic Party the UNP to divide and destroy Sri Lanka? Yes, I can see that your love for the motherland even transcends bringing a 30-year accursed war to an end. We would like to hear about your contribution to the good of our motherland other than being a simple ineffectual distractor of the patriotic forces.
Randeniyage your unpatriotic UNP slip is showing!
October 3rd, 2019 at 4:08 pm
@Ratnapala
Firstly you totally ‘unpatriotic attack ‘ condemning me as a UNP slave is outrageous, but I understand it is how you think. It would have been minutely nicer if you accused me being a JVPeer.
My father was not an active politician supporter but always sided the Left.
I had no reason to be a party supporter, I had sufficient brains and great courage to take me to great success in my field, I thank motherland and its poor people for educating me free of charge.
After taking extreme patriotic move of bringing my young family to Sri Lanka (leaving behind my carrier success in a developed country), my whole family was within minutes of the largest ever bomb blast by LTTE.
I had to leave my motherland again, not because of LTTE or JVP but because I realized I need more money to survive as a honest man with integrity and give sufficient comfort and security to my family, I had to sacrifice a lot because I have to leave my beloved parents.
If I wanted to go back and get involved, 2007 was the best time when my best friend’s b-i-l became the president of Sri Lanka. I could have gone their with the support of a large foreign construction company.
I confess I don’t truss ANY POLITICIAN. So don’t expect everyone to be like you. Understand that other people too have hard drives with evidence embedded in their bodies.
October 3rd, 2019 at 4:12 pm
“gone their” should read “gone there” .
October 3rd, 2019 at 4:24 pm
“ Then what about the thousands of traitors still living in Sri Lanka and helping the Unpatriotic Party the UNP to divide and destroy Sri Lanka?” -Ratnapala
Every political party has the potential to divide and destroy Sri Lanka, as long as the Federal constitution and too much power is vested on politicians than on people without Law and Order.
More so are the parities with bunch of thieves with accusation of daylight bank robberies, airline robberies, aircraft robberies, construction robberies, unlawful killings, having transferred monies from account A to B to C through individuals P to Q to R to Singapore to UK to USA to Australia and those with luxurious lifestyles.
However, if one of these parties is sure to come to power, only choice we have to do is not the ‘Kade Yaema’ but force them the policies that protect the country.
October 3rd, 2019 at 5:11 pm
My biggest fear is Ranil becoming president by a trick.
If the court clears Gota, he can contest the presidential election. 19A does not stop a foreigner from contesting. This is why the election commissioner accepted him without any checking. He has no right to deny.
But a foreign citizen cannot become a MP or president. In that case according to 19A, the parliament appoints a president. Ranil has most support in parliament and he will be the president! Gota should not have accepted the SL passport arranged by Ranil. It can be a trap.
The other option is for Gota to hold on to presidency using executive power, illegally. This will put him in direct confrontation with the Court, the parliament and the Constitutional Council. We have a highly professional army commander who will not carry out illegal orders.
There will be total chaos.
October 3rd, 2019 at 6:15 pm
@Dilrook
But a foreign citizen cannot become a MP or president.
I posted this question elsewhere also directed to you.
Where do you find such a condition ? Under the “Executive”, “The President” I can’t find such condition. Only place it is stated in under the “LEGISLATURE” , MP’s cannot have another citizenship and also one cannot “sit and vote” in the parliament. However, the President need not “sit and vote”, he can simply “sit” and influence others.
October 3rd, 2019 at 9:34 pm
92. Every person who is qualified to be an elector shall be qualified to be elected to the office of President unless he is subject to any of the following disqualifications –
(b) if he is not qualified to be elected as a Member of Parliament under sub-paragraph (d), (e), (f) or (g) of paragraph (1) of Article 91
91. (1) No person shall be qualified to be elected as a Member of Parliament or to sit and vote in Parliament –
(d) if he is –
(xiii) a citizen of Sri Lanka who is also a citizen of any other country;
October 4th, 2019 at 12:28 pm
I PREDICTED this CLEARCUT decision by the Supreme Court, assering that Mahinda as the Executive President of Sri Lanka had the FULL and COMPLETE AUTHORITY to grant dual-citizenship to Gotabhaya in the NATIONAL INTEREST as VINDICATED by Gota’s SUBSEQUENT PERDORMANE in office.
This EASY PREDICTION was made in opposition to various contrary arguments advanced by both Dilrook and Randeniyage in their ongoing quest to UNDERMINE Gota’s CANDIDACY for the Presidency of Sri Lanka!!
The Supreme Court DISMISEED OUT OF HAND without EXAMINATION of WITNESSES or ISSUING a TEMPORARY INJUNCTION, demonstrating with CRYSTAL CLARITY the lack of a BASIS IN FACT in the case filed before it.
ONCE AGAIN, the DESPARATE Yamapalanaya BITES THE DUST in its desperate effort to PREVENT Gota from DEMOLISHING ALL OTHER CANDIDATES at the Presidential hustings!
JAYAWEWA Deshapremini, Jayawewa! Apey Uthum Aaadaraneeya Maubima Deshapremi APEY ATHATA NAVATHATH LABENA BAWA SAHATHIKAI!!