10 July, 2020

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Three Judge Bench Unanimously Dismisses Petition Against Gotabaya’s Citizenship

The three judge bench of the Court of Appeal led by President of the Court Justice Yasantha Kodagoda has unanimously dismissed the petition filed challenging the validity of SLPP presidential hopeful Gotabaya Rajapaksa’s citizenship.

Gotabaya Rajapaksa

Civil Society Activists Gamini Viyangoda and Chandraguptha Thenuwara filed the writ application last Friday, contesting Rajapaksa’s dual citizenship certificated allegedly issued on 21 November 2005 as a legally valid document. The petition argues that a person who is not a Sri Lankan citizen cannot contest to be president of Sri Lanka.

 

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  • 2
    10

    Should we blame the justice system when the prorogation of the parliament decision went against Pohottuw/Sirisena etc?

    I think it is the sheer legal firepower of Pohottuwa and facts that delivered this decision. Suren Fernando was not a match. The case was dismissed – not even worthy of proceeding.

    No doubt Gota will benefit from this decision. People are lighting firecrackers as if Avururu has come early.

    • 12
      5

      The Court of Appeal has declared that Gota is legally a Dual citizen. However, under Article 92 of the constitution a president cannot be a dual citizen, and must hold sole citizenship of Sri Lanka. Even though Gotabaya Rajapaksa says that he was granted withdrawal by the US Embassy on April 17th this year, his name was not in the list of persons who have renounced US citizenship. What the US Embassy has granted him may be an acknowledgement for receiving his application and the US passport. Gotabaya’s US citizenship is questionable because he has still not received the US clearance certificate, indicating that he may still be a dual citizen.

      • 1
        0

        Court Of Appeal earlier promised to deliver today the Judgement of the Unanimous dismissal of Gota’s Citizenship issue. If by tomorrow the Judgement is not delivered, there definitely is an issue. There is speculation rife that the Judges of CA have been threatened. It is also public knowledge that Both Plaintiff, Gamini Viyangoda and Chandraguptha Thenuwara had been issued with death threats. Today both have made a Police Complaint. If this be so, threatening the Judges seem a possibility. Citizens beware if things become too hot for Gota, there is a possibility of an Army Coup to take over the country under Shavendra Silva backed by the Americans themselves who was responsible to have provided safe haven to Shavendra Silva at the UN Head Office in NY after the LTTE was massacred at Nandikadal. It might happen on the day of Elections if there are signs of Gota losing the Election.

  • 2
    4

    Should we blame the justice system when the prorogation of the parliament decision went against Pohottuw/Sirisena etc?

    I think it is the sheer legal firepower of Pohottuwa and facts that delivered this decision. Suren Fernando was not a match. The case was dismissed – not even worthy of proceeding.

    No doubt Gota will benefit from this decision. People are lighting firecrackers as if Avururu has come early.

  • 9
    6

    let the games begin,you bloody NGO’s and civil society buggers who have been sleeping for 5 years.

  • 26
    11

    I Admire Gamini Viyangoda and Chandragupta Thenuwara for taking up this fight against a known cabal of hoodlums.
    I reliably understand that there are grounds for an Appeal to the Supreme court;

    • 9
      2

      CT and Petitioners,

      The petitioners must appeal to the Supreme Court Citizen citing that the the three Court of Appeal, erred, dismisses the case, without concrete evidence, by producing the original documents or even copies of it, merely based on the depositions.

      If one goes by depositions, the Sun goes around the Earth, Per The Greeks, Ptolemy, the imagined Epicycles of Mars and other planets, and that there is Heaven, Nirvana, Nibbana,Hell, Purgatory, Limbo, Condition, Soul etc.per those who follow their respective religions ideologies. It all becomes belief, not based on facts and evidence.

      The court must take decisions based on fact and evidence, and NOT based on hearsay and imaginations.

  • 4
    2

    JP Why are giving a dumb sermon from the land of evil, America? Are you waiting for an offer from the
    GOAT if he becomes the dictator of this land*?

  • 16
    1

    The petitioners should have challenged the Application for Resumption per se as it is not in conformity with the procedure such as the payment of the prescribed fee before grant of the certificate and not the power of the President to sign it. Every other individual who received the certificate of citizenship was given after the payment. Alas, worst scenario was the missing ‘Application’. What then is: a Sri Lankan president can ignore any procedure. Well, well, well!

  • 15
    2

    Should anyone be surprised? Sri Lanka legal system is a joke. It is there to rubber stamp what politicians. I would call it the lap dog of politicians but then I would bring disrepute to miniature dogs.

    Clown court is not sure whether it was dishonoured?
    “Court of Appeal today contemplated that if those who dishonoured the Court by cheering inside the courtroom soon after the decision on Gotabhaya Rajapaksa”.
    LOL.

    So it always have to be a Rajapaksa.
    ‘Former President Rajapaksa confirmed that former Speaker of Parliament Chamal Rajapakse was a back up plan encase the Appeal Court ruled in favour of the citizenship petition filed against SLPP prez candidate Gotabaya Rajapaksa.”

    Sinhala bauda rata deserves the crap it gets.

    • 1
      2

      really you donkey . When they rule for you it is the best . when against it is the worst system in the world ?

  • 8
    1

    they filed the wrong case
    they should have filed a case against renunciation of gota s us citizenship
    he has so far not shown it to the public

  • 13
    2

    I guess Gotha and MR were so confident in their innocence they requested Chamal to register as an independent candidate ASAP and Gotha applied to leave country. Yesterday Mahinda Uncle while cutting cake celebrating victory, admitted to press it was an alternate eleventh hour plan because of their own UNCERTAINTY.( of their innocence?????) Only in Lanka. “Jeyawewa”.

  • 26
    2

    Gota is a known coward

    1. Left the army at the height of the war and embraced the US as his country. Only traitors do that.

    2. Returned to the country once his brother became president. He sat in a air conditioned room in Colombo and directed the war while our Soldiers were being killed.

    3. He couldn’t counter Lasantha and other journalists who were exposing him so he killed them using thugs in the army and navy.

    3. He is a coward according to many people in the army.

  • 12
    3

    As I mentioned elsewhere Lankan constitution seems to have much “HOLES” than what it could really “HOLD”. For argument sake no politician will sign a law stating mandatory prison/life term for corruption or high crimes. Even if they pretend to do so , they sure leave enough loop holes for entire parliamentarians to wriggle out. Lankan constitution is not even worth the paper it is written.What makes it more hilarious is when people including so called constitutional experts get into in depth analysis and heated discussions (appears to be intellectually stimulating on TV) on a constitutional matter which dosent even exist. What a Country ???? JOKERS.

  • 5
    2

    Bright future ahead for Dhamma Deepa aka Dukka Deepa. Law and order, non corruption, no plundering, no killing are all destroyed by the chosen people. Let them enjoy their karmas.

  • 3
    2

    It was expected . Simple logic ..To Judges from Got apaya ”. DISMISS OR DIE ”…

  • 0
    4

    Let’s not blame the judiciary. Strategy of eliminating the opponent failed very badly. Pohottuwa team is well organised. SLFP might also support them. Over 4 years of Yahapalanaya will place them well.

  • 6
    1

    Should this case be petitioned to the Supreme court as the Appeal Court Judges did not give detailed reason for throwing the case out. May be they were scared of the white van!

    • 4
      2

      Buddhist – “Maybe they were scared of the white van!.” Maybe the judges were scared to become shark feed!

  • 3
    1

    Aiyooo What happened?..

    Have these Judges joined Pohottuwa,?…

  • 1
    2

    Just as I predicted, Gota was a citizen before, so this bluster about non-citizenship amounts to nothing. Now there are no obstacles to Gota becoming the president. You may thank the UNP, who were 70% responsible for Easter Sunday. If an alcoholic drinks himself to death, do we blame the alcohol or the alcoholic?

  • 4
    0

    duel citizenship citizen cannot contest the presidential election?

  • 0
    0

    [Edited out] writing in capital letters are discouraged -CT

  • 3
    4

    This was the correct decision. He had valid citizenship. The fact that the papers were signed by the President in the absence of the relevant minister and secretary does not invalidtate the grant of citizenship. Besides, another decision would have consequences that would have been violent. Why not face Gothabaya and beat him at the polls if he is not good enough and get over this kind of slimy politics. It would be best for democracy if this monster is fairly defeated. If he is not, we will have to tame the monster in some other way. After all we did live through the regime of the three Rajapakses before. We survived well and we shall survive again (though some will be fed to the sharks in the back garden-yet there will be enough of us left.

  • 0
    1

    Why did not they this take this up earlier. I think we should not waste time talking about this. Because of the court verdict GOTA supporters have some kind of momentum now.

  • 1
    0

    How many millions, if not billions, playe a role in this case?

  • 0
    0

    In any procedure, there should be a well established due process of law or procedure adhered. I went through the list of judgments of Court of Appeal to see the judgment in this case but it is still not available. When somebody want a dual citizenship, there should be an application, it should have been forwarded and it should have been approved. In this case no application and Mr Mahinda Rajapaksha has assumed office on 15th November and signed the letter for dual citizenship to his brother within a couple of days without an application in violation of natural justice even before he appointed the new cabinet. In our country, there is no independence of judiciary because the constitution says that the judiciary power of people has been vested in the Parliament which has delegated its power to courts and other tribunals. So the Judiciary Institutions have only delegated powers. Our people are so ignorant. How many of the candidates contesting the elections have said that they would restore rule of law in this country.

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