25 June, 2021

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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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  • 25
    4

    Most British citizens must have felt proud when all eleven judges of the Supreme Court ruled against the Prime Minister, Boris Johnson. (As I understand it, they decided that what the PM had attempted to do, his intention, was wrong – though no law had been broken.)

    A people must have confidence in the impartiality and strictness of their system of justice.

    Observer

    • 17
      2

      Well the with regards to suspending parliament the decision went against Rajapakse/Sirisena. Impartiality is not a question here.

      • 3
        0

        The Govigama Mafia Ruling Elite gangsters are a well protected lot. They have put their men and women in all important positions to guard them. Thus the judges, most of them, are GATE-KEEPERS to this 150 years old British established GOVIGAMA RULING ELITES. Ordinary people are caught without any concern for the ordinary human errors which are not criminal in nature. I am referring to the women whom were fakely arrested for wearing dresses allegedly having “Buddhist symbols”. Its super stupendous but seriously questions the intellectual capability of the Buddhist society. The amazing thing is, this very same POLICE who are arresting the minorities and those who are against the Govigama Mafiosi members ( Sirisena, Wickremasinghes, Ratwattes, Bandaranayakes, Dissanayakes, Wijewardenes, Jayawardenes…etc and their bum suckers) are not applying their stupendous strict law on the GOVIGAMA MAFIA CRIMINALS who are caught RED HANDED and having ample proofs. This tells you how the system functions. Ruling Elite Mafia are the Super Criminals who are Super Powerful to Rob the nation, rape our mothers, sisters and daughters and mass murder us (by violating all laws under the constitution) and STILL BE FREE without any arrests, trials or punishment. The worst is that they are promoted to the high positions like governing us, as Presidents, Prime Ministers and ministers… and are teaching the population on being respecting the laws. Super worst thing is that the UN, US and those Zionist countries are backing these basters covering up and lending their fullest support to this criminality.

    • 2
      0

      This is so painful, if anyone has got a brain the size of a mustard seed.
      .
      In a period, where just meaningless gossips become headline news, what more can’t go wrong? Who to be blamed if not authorities? Innocent viewers or listeners have no other choice than just trusting them. people just believe what is being telecasted or broadcast by them. Unfortunately, there are no ethical media laws either to tame them, nor would people become against. They merely let it go because they are not aware of the truths and inside realities. People are made permanently vulnerable. They have become easy targets of any sinister forces. They become easy prey of any predatory politicians. We see the abusive groups, how they celebrate the court decision as if they already won the election. This has gone time to time, because they control the masses across the country. Buddhist clergy is also tamed by them, in order message to be passed to the village majorities without struggle.

  • 49
    12

    Now Gota’s health condition has suddenly returned to normal. He won’t need medical treatment abroad anytime soon. Maybe right after November 16th.

  • 35
    9

    Hail (Heil) Gotler!! Hail the three judges who dismissed the petition based on RogueMesh de Silva’s submission and lastly Hail Ranilpaksha and Sillysena for their blessings! We knew it was coming??

  • 42
    14

    Sad state of affairs. The court should have evaluated the presentations and then given a decision with reasons for decision. In this case it’s clear the court has shirked its responsibility.

  • 29
    31

    I am the first comment . Well the old retired leeches on this site was hoping for the opposite. Now you can write another 100 articles that only old retired leeches will read . Yes come on Thiasranee ..ha ha

    • 3
      0

      You are dead right.
      =
      Leeches like Amarasiri, Native Foreigner Vedda, Nimal Fernando, Mathilda Ellepola, EW Golding and other avatars can now sit on their brains until they are flattene and type..
      =
      Don;t ‘they’ deserve it!

    • 2
      4

      Don’t worry! The Vidvaths will return one by one!
      :)

    • 2
      1

      Gobhaya Premawardena – “Yes come on ….ha ha!” A.H., did Namal Rajafucksha tickle your balls?

  • 11
    5

    Each writer is entitled to his opinion and the freedom to express the same. When such opinion is far from reality the value of such opinion diminishes and it affects the platform of expression as well. The decision was expressed by professional judges who do not belong to the category of being controversial. Further their decision was that this case is not fit enough even to issue notice to the respondents. But there is an interesting observation. For all the characters assembled inside as well as outside the courthouse to make such a din only demonstrates the fact the GR & Co thought that this case is a touch and go situation. I do not condone contempt of court, especially by a bunch of juniors who don the black coat. But imagine the psychological reaction for a case not even fit enough for notices to be issued to respondents. It is also understood that MR thought it was better to keep the other brother CR primed if this case affected the GR’s election. So leave the legal arguments aside, the petitioners in this case were successful in driving some shivers down the Rajapakse clan. In that sense haven’t the petitioners won their case? Socially I mean.

    • 0
      1

      May be. On the other hand the petitioners have given a new life to Gota campaign. Suren Fernando’s arguments were not that strong. Further he himself said “it was done in a hurry”. Against Fenando was a team of senior PC’s. Romesh in particular walked all over him.

      • 1
        0

        Siva – “Chris” and “Siva” are two sides of the same coin!

  • 23
    9

    I strongly urge the petitioners to file an appeal in the Supreme Court, challenging this verdict that was given in five days!

    • 0
      1

      Not with a lawyer like Suren Fernando who was not well prepared. He was against a group of heavy hitters. Suren was out-played by a group of very senior PC’s (most probably well rewarded).

  • 18
    5

    Obviously this was the expected result. He will never get a ruling against him as usual.

  • 19
    6

    Everybody knows that judges are as corrupt as all other public officials. They would never have passed this judgment unless they were ordered to by Sirisena/Ranil. The protectors of the Rajapakses have struck again. The only hope is that they have been told to do this for appearances sake and to reverse the decision on appeal.

    • 2
      0

      Bawa – You are spot on!

  • 22
    3

    We are a republic not a monarchy. Due process was not followed in grating citizenship to GR. Looks like the case was a staged drama.

  • 17
    4

    @Buddhist,
    I agree with you of the sad state of affairs. Nor surprising is it when all these sadness is because we have deviated from Buddhist teachings. What we are is a sad Sinhala modaya;s state of the Sinhala judicial pariahs. Had this panel being of minorities members, then you can expect of justice being served, If this country wishes to have a murderous leadership of psychopaths worse than that Hitlerm then be it, The leaders our idiots elects are the psycho leaders the idiotic voters deserve.

  • 11
    24

    Uphold the dignity of judiciary.

    A unanimous decision of 3 judges..

    • 2
      1

      Given the time constraint, between 3pm( end of presensations) and verdict at 6pm, isnt it possible that the judges did not evaluate the presented facts thoroughly?

    • 5
      2

      There is no dignity in a bastardized system. The whole world other than Sri Lankans know it.

  • 19
    6

    you cant believe our jurisdiction because all the judges have their political believes and personal agendas . In a small country like ours have many close contacts with every person, In courts the evidence have not been analyse properly and deeply to dismiss the case.

  • 8
    4

    Well the with regards to suspending parliament the decision went against Rajapakse/Sirisena. Impartiality is not a question here.

  • 12
    6

    Bad luck Sri Lanka !

    • 4
      1

      why bad luck?
      Gota is only contesting. it’s not like AC made Gota the president.
      If the people don’t want him surely they’ll defeat him.
      Nothing to worry here.

  • 19
    7

    The fraud is back with all his side kicks.

    • 2
      0

      With all due respect the biggest fraud is hiding in Singapore and the person who brought him to SL has now put Sajith as the sacrificial lamb.

  • 12
    29

    Gota was borne here and spent his youth-hood as army officer fighting against brutal terrorism went away for sometime for his own safety .Threat came from then government leaders. Actually his immediate bosses were brutally slaughtered Came back again when situation is right got new citizenship barrier removed and finished the job. nothing wrong with it. He is from family of political back ground. His father and his elder brothers are well known politicians from down south. Nothing wrong with his taking to politics. He knew constrains has to be faced as & when his taking to politics. Dual citizenship he was having is one of them. He got that barrier removed. He did every thing well in advance. When challenged even court of appeal accepted it That is what took placed today.

    • 3
      0

      Where are the Papers to Prove that He is not a Dual Citizen of Sri Lanka and the USA!
      Remember the People who were barred from taking to Politics because of their Dual Citizenship.
      This includes those who won a Seat in an Election, and had to Resign!

    • 1
      1

      Not the martyr you paint him out to be. Thousands of civilians still accounted for up North, and the families are in limbo. The end does not justify the means. His brother and the entire family enriched themselves off his presidency, abused their powers, journalists threatened, harassed, kidnapped and KILLED, and no one held responsible, citizens who dared to stand up to them kidnapped in white vans, never to be seen again, and people lived in fear.
      Enough of making him an idol. This idol has clay feet.

    • 0
      2

      So , every thing is hunky dory , Gota the savior of our country will rescue SL from ugly Americans , as long as we have people of this caliber , SL will remain as a developing country !!!

    • 2
      0

      BS this guy ran away when the going got tough. Came back after the brother became president. Lived in luxury with the protection detail of over 200 officers.

      I thought he was going to run away again his citizenship was challenged. His luck the kangaroo court does not know the meaning of rule of law.

  • 23
    8

    After the decision Ali Sabry said when Aiya was president why should Malli forge. Absolute truth! This is good; he should be defeated at election and end the dynasty.

  • 21
    8

    Gota produced a fake diplomatic passport for Karuna Amman….
    how many fake passports does he posses for himself?

    • 0
      1

      Yes, there were stories about Gota having a controlling stake in Apollo hospital…. it goes on. Most of it just gossip.

      • 1
        0

        Chris – “Most of it just gossip.” Even “Siva” agrees!

    • 1
      1

      Are you sure?
      did you see it?

  • 2
    0

    Sri Lanka Constitution with 19th amendment says 1. Non – Citizens.. 2. dual Citizens cannot contest in any parliamentary elections in the Country.. As such GR the slaughterer is still disqualified from contesting in the coming Presudential election….The dismissal of this case without an inquiry does not means the Court recognizes the respondent could contest an election..nor recognize that the petitioners are wrong in filing the petition.. ? Therefore what is this excitement.. ?

  • 0
    1

    We cannot predict all the avenues available for legal appeal on this. Because the practitioners wanted to go with a writ petition, they approached CoA. They might have thought going with a writ is easier to have the citizenship declared null & void, instead with a case, where Old King is unlikely to be declared as guilty (did something wrong). Now they can go to SC too on the excuse of seeking appeal on this writ petition. Further respondents’ explanation was that Old King had the plenary authority under 17A. This is where the case got dismissed- CoA thought they cannot deliver a judgement on that point. If one looks at this, the case dismissal is disadvantage to respondents. In other words, judges did not agree to use respondents’ arguments to declare that the issuance of the citizenship was valid because Old King had the power to sign. So, once again, in other words, the Damocles sword is still hanging over Old Brother Prince head. Judges had said if practitioners prefer they may take it to SC. So the path to appeal is clear for petitioners. Even if the current practitioners didn’t go for appeal, some other social institution can look for ways to circumvent the current technical hurdles and refile the writ again, until as long as Old Brother Prince has not left the executive office. This is why Old Royals, even without waiting for the CoA’s verdict, started to prepare Elder Old Brother Prince for election.

  • 1
    0

    Shouldn’t we wait to read the REASONS for the Judgement? It was not given at the time of the announcement. Certainly, those reasons would be given and that is where we have to see how the Judges evaluated relevant details: (1) Did the Courts call for the relevant details of the “Application for Citizenship”? (2) If the “Authority” said that there is “NO RELEVANT” file in their possession, how did the Courts find it, or did they “Ignore” that fact? (3) Did that “Application” for citizenship accompany the relevant documents that were required to be attached? (4) Can the “Person” who signed the “Approval” give such approval without the “Application” being “Properly” scrutinized by the “Recognized” source to receive such an “Application”? (5) Did Courts satisfy that the “Application” has been properly made, with accompanying documents, declarations and required fees paid in advance? (6) If the Courts found the relevant “Missing File”, with whom it was and who produced it? OR (6) Did the Courts “ELECT” to “IGNORE” the details in that “Missing File”, then what were the reasons for that “Choice”?. (7) On what reasons, the Courts decide only to rely on the “Approval” authorities “Right’ to grant the citizenship within a matter of days of the submission of the application, such as an “URGENCY”? (8) Did the Courts consider that this “Decision” would create a “PRECEDENT” for all other such future applications, which could lead to a matter of challenging on “RIGHTS” , if and when any other application is “Delayed”; “Rejected” or “Withheld” for want of accompanying documents asked for and relevant fees not being paid? (9) Did the Courts address the “Issue” raised in relation to the “Discrepancies” (Numbers and different name) appeared in the “Document” produced by the “Respondent” (Gotabaya Rajapakse)? I await to read the “JUDGEMENT” in “DETAIL” before making any other comments.

  • 0
    0

    Don’t blame the umpire. Don’t compare presidents powers pre 19A with post 19A.

    The arguments from Suren Fernando were not that strong and he admitted that he prepared the documents in a hurry. He took the responsibility for the omissions/mistakes. But, that gave Romesh Silva to push the mala fide line…Moreover, 20 applications had been signed by the President.

    CA considered the arguments and dismissed the case. Let us not forget prorogation of the parliament case went against Pohottuwa and Sirisena.

  • 0
    1

    That’s how it should be.Correct decision!!!! Mangy’s boys don’t know what an EXECUTIVE president can do. EXECUTIVE president can bypass bureaucracy and ministries as long as the public (in this case- Sinhalese Buddhists) are fine with it.

  • 1
    1

    He will be the illegitimate president. The shallow thinkers having forgotten the horrors under this family, including saffron robed thugs terrorizing the minority, white vans kidnapping citizens, never to be seen again, and the nepotism that was rampant, including rogue ambassadors who were relatives, people losing their properties, and people living in fear. Let us NOT forget, Lasantha and Thajudeen, who paid the price for crossing their paths.

    You want that again Sri Lankans? You are gluttons for punishment. Be careful what you wish for. Vote in haste, repent at leisure.

    • 1
      1

      Menik,

      Unsubstantiated yahapalanista bayila……….People have moved on from 2015 deception.

  • 1
    0

    What happened to the application for dual natonality? How did it disappear? Why the learned lawyers appeared for the pettioners pay attention to the claim that no application was ever made and forcuss their argment on it?

    • 0
      2

      Saro, why didn’t Chandraguptha selected you to represent them?

  • 1
    2

    So let me get this logic of all these Sri Lankan haters here. If the judgement goes against yahapalanaya the courts are corrupt, if not they are ok. Grow up please. The country is yearning for a change and they change is Gota. Get used to it

    CT please publish this without deleting its

  • 0
    2

    The (un)civvies hail the judiciary independence when verdicts go in their way. When it goes the other way they start secreting ‘eeya’ stuff everywhere…………Mind you this was a UNANIMOUS verdict. Judgements are not based on propaganda. Judges or others cannot be blamed for some readers believing (un)civvie propaganda.

  • 0
    0

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  • 7
    2

    This murderer and rogue can escape from appeal and Supreme Court judges but he cannot live a life in peace even with all the power he will have. He will have to answer once his life is done on earth. There won’t be lawyers who put money before their integrity to defend him. His relief is only temporary for the moment. So let him and his stooges enjoy the moment for a bit longer.

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