Gotabhaya's citizenship case to continue tomorrow

The writ petition challenging the dual citizenship of Presidential candidate Gotabhaya Rajapaksa has been postponed by the Appeal Court until tomorrow (Oct 2).

Two civil rights activists Professor Chandragupta Thenuwara and Gamini Viyangoda had filed a petition in this regard.

The Criminal Investigations Department previously told court that the Immigration Department had informed them that dual citizenship matters had been handled by the Defence Ministry in 2005.

The petitioners argued that Rajapaksa's dual citizenship certitificate was invalid since it had been issued by former President Mahinda Rajapaksa in 2005 when a cabinet of ministers had not been functioning.

Presidents Counsel Romesh de Silva, appearing for Rajapaksa, said that former President Rajapaksa, had the power to carry out functions of ministries when a cabinet is not functioning, since he was the Executive at that time.

However, President's Counsel Janak de Silva, representing the petitioners, pointed out that the Executive has certain limits, citing last year's Supreme Court's verdict declaring that the President's decision to dissolve Parliament is unconstitutional.

He argued that the constitution states that the President exercises his executive powers through the cabinet.

However, Presidents Counsel De Silva countered the argument by pointing out that the President was immune over his actions before the 19th amendment was passed in 2015.

He claimed that 20 others had received their dual citizenship along with Rajapaksa at that time and that no action has been taken against those individuals as well.

The case is being heard before a judge bench comprising Appeal Court President Yasantha Kodagoda, Arjuna Obeysekera, and Mahinda Samayawardana.