The Court of Appeal, today (15), published the reasons for dismissing the petition filed challenging the citizenship of SLPP presidential candidate Gotabaya Rajapaksa.
On 4 October the three judge bench of the Appeal Court led by Court Justice Yasantha Kodagoda dismissed the petition against Rajapaksa’s Sri Lankan Citizenship.
The petition was filed by two social activists Gamini Viyangoda and Prof. Chandraguptha Thenuwara.
Accordingly, the court states that President Mahinda Rajapaksa, as the repository of the Executive power of the people, had the legal authority in terms of the Constitution to sign the ‘Dual Citizenship Certificate’ on 21st November 2005.
The Court is in the view that a newly elected President could have exercised powers conferred on a Minister by any written law until the Cabinet of Ministers was appointed.
The Court's document is reproduced below:
https://www.scribd.com/document/430357118/CA-Writ-Application-on-Gotabaya-Rajapaksa-s-citizenship#fullscreen=1Court publishes reasons for dismissal of Gota’s citizenship case
15 Oct 2019
Court publishes reasons for dismissal of Gota’s citizenship case
15 Oct 2019
The Court of Appeal, today (15), published the reasons for dismissing the petition filed challenging the citizenship of SLPP presidential candidate Gotabaya Rajapaksa.
On 4 October the three judge bench of the Appeal Court led by Court Justice Yasantha Kodagoda dismissed the petition against Rajapaksa’s Sri Lankan Citizenship.
The petition was filed by two social activists Gamini Viyangoda and Prof. Chandraguptha Thenuwara.
Accordingly, the court states that President Mahinda Rajapaksa, as the repository of the Executive power of the people, had the legal authority in terms of the Constitution to sign the ‘Dual Citizenship Certificate’ on 21st November 2005.
The Court is in the view that a newly elected President could have exercised powers conferred on a Minister by any written law until the Cabinet of Ministers was appointed.
The Court's document is reproduced below:
https://www.scribd.com/document/430357118/CA-Writ-Application-on-Gotabaya-Rajapaksa-s-citizenship#fullscreen=1Kapruka
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