By A.J.A. Abeynayaka
Colombo Chief Magistrate Prasanna Alwis told open court yesterday that the Criminal Investigation Division (CID) did not need a warrant to arrest State Minister Diana Gamage as the documents before court showed she had violated the Immigration and Emigration Act.
The documents before the courts showed that Gamage had obtained two passports using different birth certificates, he said.The Act allowed investigators to take action against those who violate it, Alwis said.
The Chief Magistrate asked the representatives of the CID whether obtaining two passports using different birth certificates was a violation of the Immigration and Emigration Act. The representatives of the CID did not respond to Chief Magistrate’s question.
The magistrates’ court ordered the CID, last month, to obtain a report from the British High Commission in Colombo on Gamage’s citizenship. Appearing on behalf of the petitioner Oshala Herath, President’s Counsel Rienzi Arsecularatne said if a person without political patronage or affiliation had violated immigration law, he or she would have been arrested.
However, no action had been taken against Gamage because she is a state minister, Arsecularatne said. The next hearing was fixed for 02 March 2023.Gamage is accused of having a British passport and the violation of the Immigrants and Emigrants Act No 20 of 1948 as amended.
Earlier, Counsel for Herath sought an explanation regarding the issuance of two Sri Lankan passports to Gamage, who used British passport bearing no 521398876. The lawyers also raised the issue of Diana Gamage having two birth certificates, bearing Nos. 6553 and 4683, on the basis of documents submitted to obtain two Sri Lankan passports, in 2014 and 2018.
Herath has also lodged a complaint with the CIABOC over the inordinate delay on the part of the Immigration and Emigration Department to take action against Gamage in spite of a lengthy CID investigation that proved the charges against her beyond any doubt. In spite of the disclosures pertaining to the issuance of Sri Lankan passports, in 2014 and 2018, and the outcome of the CID investigation being reported to Court, the incumbent Immigration and Emigration Controller had issued a diplomatic passport, bearing no D 5659363 to lawmaker Gamage. Herath has said.