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When clicking 15203 about Gotabhaya's citizenship case ..  it's somebody else; when clicking 1523 A ... Gotabhaya appears!


When clicking 15203 about Gotabhaya's citizenship case ..  it's somebody else; when clicking 1523 A ... Gotabhaya appears!

The petition filed in appeal court requesting a certiorari writ be issued to the effect  that the Sri Lankan passport, national identity card and authority confirming the dual citizenship of Mr. Gotabhaya Rajapaksa be invalidated when taken in for hearing, several contradictory matters were reported by now, it is reported. It was revealed in court that when the dual citizenship No. 15203 of Mr. Gotabhaya Rajapaksa was was directed to computer data, it shown the file of another person -- but when 15203 A was directed to the same number, Gotabhaya's name was seen appearing. 

According to matters reported to court by criminal investigation department, this number appears to
have been added to the data base already available. Before this what the controller of immigration and emigration has informed was that files including Gotabhaya's application were not to be found in his office. 

It was revealed in court that Mr. Gotabhaya Rajapaksa bearing No. 15203 A has used 4 foreign passports, an old national identity card and a fresh national identity card as well. In the same way, even after obtaining the fresh national identity card he had made use of the old identity card which of course carried different numbers. Attorney at law Mr. Chanaka de Silva who appeared in court on behalf of the minister of local government informed court that an application requesting dual citizenship in 2005 by Gotabhaya Rajapaksa has not been forwarded to the ministry of local government. 

Petitioners who have forwarded this petition across Vidanapathirana Associates have mentioned that they came to know that Mr. Gotabhaya Rajapaksa who dismissed Sri Lankan citizenship and obtained American citizenship has on a later occasion once again secured Sri Lankan citizenship and was contesting for future presidential elections. The petitioners who state that he has not acquired Sri Lankan dual citizenship again and that it came to be known that he has obtained a Sri Lanka foreign passport bearing No. 8305500 and a national identity card bearing No. 194917210010 and that he has not maintained relevant files in relevant institutions for the purpose of securing citizenship or to get the national identity card and the foreign passport and they point out that it is stated in clauses 92 and 89 (A) of the constitution that someone who is not a Sri Lankan citizen cannot be appointed a president. 

Mr. Gotabhaya Rajapaksa has applied for Sri Lankan citizenship somewhere during November 18 - 24 in the year 2005. Petitioners further say that no sooner the presidential election was won, the certificate for which Mr. Mahinda Rajapaksa placed his signature would not be legal. They thus argue as to how Mr. Gotabhaya Rajapaksa has obtained the passport and the national identity card by using his dual citizenship certificate which cannot then be considered legal. 

Attorney at law Mr. Chanaka de Silva who appeared on behalf of minister of local government said that it is stated in clause 30 of the constitution in relation to executive powers of the president and that the constitution be read and understood in whole with relevance to the president's executive powers. He further mentioned that it is stated there that former president Mr. Mahinda Rajapaksa has powers to place his signature on the certificate relevant to dual citizenship look into whether the executive president has total powers. 


 Attorney general in bringing forward his points has said that former president Mr. Mahinda Rajapaksa is equipped with powers to sign the certificate pertaining to the said dual citizenship certificate but what should be done initially is to check whether the executive president has total powers, attorney at law Chanaka de Silva mentioned. He further said that when focusing attention on 17th amendment of the constitution it can be observed as a document of response. President's counsel Chanaka de Silva pointed out that according to clause 42 of the constitution it is stated that the president when exercising his duties during his tenure in clause 42 it is stated that it should operate across a cabinet. 

Though the attorney general mentioned that the president has unlimited powers at his disposal, when parliament was dissolved last year in October, the seven-bench of judges of supreme court has given the verdict that the president has no such powers. President's counsel Mr. Romesh de Silva who appeared on behalf of former secretary of defence Mr. Gotabhaya Rajapaksa said that the president is the head of the executive and that under such conditions the president has authority to appoint ministers and to function in the ministries. 

President's counsel Mr. Romesh de Silva said that prior to the 19th amendment of the constitution a person operating in the capacity of a president during his tenure is immune to action taken during that tenure and that any action of his cannot be challenged in court either. He thus finally appealed that this writ petition which has been filed based on false accusations be abrogated in the first instance itself. Having taken these arguments into consideration, the judges are expected to deliver their verdict this evening at 6.  


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