Kongahage files case against Fonseka

USA citizenship issue:

Presidential candidate Sarath Kongahage yesterday filed a Fundamental Rights application in the Supreme Court against the candidature of New Democratic Front (NDF) Presidential candidate Sarath Fonseka, on the basis that he is a citizen of the United States.

Petitioner Sarath Kongahage cited Retired General Sarath Fonseka, Election Commissioner Dayananda Dissanayake, NDF Secretary Shamila Perera and the Attorney General as respondents.

The petitioner states that the acceptance of the nomination of the first respondent by the Elections Commissioner is a violation of the petitioner’s Fundamental Rights under Article 12 (1) of the Constitution.

The petitioner sought a declaration by Court that his Fundamental Rights has been violated by the respondents and a declaration that the first respondent is disqualified to tender his nomination.

The petitioner also sought a declaration that the acceptance of the nomination of the first respondent to the office of the President is contrary to the Provisions of the Constitution.

The petitioner also sought a declaration that the election of the first respondent would be null and void in the event if he is declared elected as the President of the country.

The petitioner stated that he had taken up objection with the second respondent Election Commissioner to the candidature of first respondent Sarath Fonseka on the basis of that he is citizen of the United States of America when first respondent submitted his nomination on November 17, 2009.

He stated that the Elections Commissioner overruled his objections on the ground that it was not within his powers to decide it at that stage and said that the petitioner could petition to the judiciary.

The petitioner stated that the issue is of the utmost concern to the entire country since if the first respondent is elected to the Presidency, the first respondent would bring foreign influence to the executive bodies as the first respondent has pledged his allegiance to the United Sates by obtaining permanent residence rights there.

The petitioner stated that a person with an allegiance to a foreign country in whatever form will not come within the meaning of the term “citizen” in the article 31(1) of the Constitution and will be ineligible to be a candidate at a Presidential election.

He also stated that sole and exclusive allegiance to the country is a precondition for the citizenship for the purpose of Article 32 of the Constitution.

He also stated that if the first respondent is elected to the office of the President it would be a national calamity. He stated that first respondent has already by his conduct demonstrated that he has no feeling of propriety in divulging military secrets and betraying the fellow army officers and thereby imperiling the security and the integrity of the country.

Attorney-at-Law Athula de Silva filed the petition.