WWW Virtual Library - Sri Lanka
SRI LANKA: THE
UNTOLD STORY
Assassination of Bandaranaike
(@Asia Times: By K T
Rajasingham)
Bandaranaike, Solomon West Ridgeway Dias (1899-1959), the prime minister of
Ceylon (1956-59), whose election marked a significant change socially and
ethnically in the political history of modern Ceylon, was born on January 8. His
father was the only son of Gate Mudliyar, Sir Don Solomon Dias Bandaranaike, and
his mother was Lady Eslin Daisy Obeysekera, and they hailed from Horagolla, in
Attanagalle.
He was educated at Thurstan College, Colombo, where he passed his senior
Cambridge examination with distinction, gaining third place in the British
Empire. In 1919, he left for higher education to England, at Oxford University.
In 1921, he held the prestigious position of Secretary of the Oxford Union.
Bandaranaike was called to the Bar in 1925. After returning to Ceylon, he
entered politics, as an advocate of a federal political structure for Ceylon. He
had led the Progressive National Party in the mid-1920s. In 1927, he was elected
as a member of the Colombo Municipal Council. In 1931, he was elected to the
State Council. After the 1936 elections to the State Council, he became the
Minister of Local Government (1936-47) and began to advocate the system of the
Provincial Council, as an apex of Ceylon's local government system. In 1937, he
formed the Sinhala Maha Sabah - the Grand Sinhala Council, for the promotion of
the Sinhalese interest in the country.
In 1940, he married Srimavo Ratwatte, a daughter of a landed proprietor and a
descendant of one of the Andean chieftains. The couple had Sunethra, who later
worked as private secretary to her mother when she was premier 1970-77, and
Chandrika, presently widowed, and president of the country since 1996. Their one
son Anura, a gay bachelor and a maverick politician, kept on changing political
parties. From SLFP he joined the UNP and was a leading member of the UNP and the
Speaker of the last National State Assembly (Parliament), but in October 2001 he
somersaulted to re-enter the SLFP fold.
Bandaranaike joined the United National Party (UNP), when it was formed, but
continued to lead the Sinhala Maha Sabah without disbanding it. In 1947, as a
prominent member of the governing UNP, he was elected to the House of
Representatives and appointed as the Minister of Health and Local Government. He
resigned from the Government and the Western-oriented UNP in 1951, and organized
his own political party - Sri Lanka Freedom Party (SLFP). He was re-elected in
1952 on the SLFP ticket, and became the Leader of the Opposition.
Four years later, he formed the Mahajana Exalt Peramuna (MEP, People's United
Front), a political alliance of four socialist parties, which swept the
elections and he became Prime Minister, on April 12, 1956.
When S W R D Bandaranaike, the leader of SLFP, a Catholic, tried to outsmart his
political opponents by pampering the egos of the Buddhist bikkhus in his quest
for power and position, gave birth to a social change among the Sinhalese
masses.
He devised a political strategy capable of inspiring farmers and workers. He
brought about political awareness by which the rural population, working class,
school teachers and the Ayurvedic practitioners came to the forefront and played
a leading role in the election campaign. He made sure that the socially-deprived
masses played a leading role in the political life of the country. Bandaranaike
wanted to give the common man what he wanted and showed interest in improving
social and economic changes among the masses. The impact of these changes had an
effect on the subsequent process of political and social scenarios that unfolded
after the 1956 parliamentary general elections. He was credited with having
ushered in Appe Anduwa - People's Government - in reality, the beginning of the
era of the Sinhalese domination over the linguistic and religious minorities in
the country.
Bandaranaike was supported by the Buddhist clergies in the election campaign,
who raised the slogan of discrimination against the Sinhalese through 400 years
of Christian rule and eight years of pro-Western UNP rule. The Buddhist clergies
presented a 10-point program to S W R D Bandaranaike at an election rally in
Colombo. It called for the implementation of the Buddhist Commission Report to
make Sinhala the only official language, to give Buddhism its rightful place in
the country, and to promote Ayurvedic (indigenous) medicine, as a few of their
demands.
The Buddhist Front grew to be a militant organization and it began to make its
presence felt in all Sinhala-Tamil issues. The Buddhist priesthood continued to
keep a vigil on the activities of the prime minister and the government.
Regarding Bandaranaike's cabinet, A Amirthalingham, the MP for Vaddukoddai,
said, "For the first time after independence, a Government has come to power
with 100 percent Sinhalese Ministers. The presence of A C S Marikar the MP for
Kadugannawa, who is more Sinhalese than the Sinhalese themselves, is not going
to alter the Pan-Sinhala character of the present government."
After the election victory of the MEP, a group of leading Tamils and Muslims met
Bandaranaike at his residence in Colombo to congratulate him. The delegation
included Sir Arunachalam Mahadeva, Sir Kanthia Vaithiananathan, Senator S
Nadesan, Dr M C M Kaleel, Senator A M A Gazes, S Thondaman and others.
Present also was Buddhrakitha Thero, the secretary of the Buddhist Front, and L
H Methananda, a retired schoolteacher, who was the head of the two leading
Buddhist secondary schools and a prominent advocate of the hard-line language
policy. "The delegation congratulated Bandaranaike on his victory and went
straight to the point of their visit. Nadesan, their spokesman, told the prime
minister there should be an immediate settlement of the language problem. The
minorities were ready to help, not obstruct him in his declared policy of making
Sinhala the official language.
"Methananda cut in, saying the general election was fought on the language issue
and there was no point in raising the question again. He added. "Sinhala has to
be the language of the country."
"Buddharakkitha Thero said the same thing: 'Sinhala will be the official
language.'" Dr Kaleel intervened. "We came here to speak to the Prime Minister,
not to you. Allow the Prime Minister to reply.
"Bandaranaike, 'They both belong to my party and have a right to speak.' Ven.
Buddharakkitha, 'Are you trying to tell us what we should do? We have got a
mandate from the people and it will not be altered.' The delegation felt that it
would serve no purpose to continue the talk and decided to leave. Bandaranaike
accompanied them to the garden, and saw them off." Out of Bondage: The
Thondaman Story by T Sabaratnam, page 62. This episode clearly illustrates
the hold the Buddhist clergies had on Bandaranaike.
A word about Buddharakkitha Thero, one of the founding members of the SLFP, who
in the 1952 elections had spent tens of thousands of rupees supporting Vimala
Wijewardene, the SLFP candidate against the formidable UNP stalwart J R
Jayewardene for the Kelaniya constituency. Vimala lost that election. In the
1956 Parliamentary elections, he spent well over 100,000 rupees on the SLFP
election campaign.
Bandaranaike earlier had a meeting with the Attorney-General and the Legal
Draftsman to discuss matters connected with the Official Language Bill. He told
them that according the mandate he received, Sinhala language should be the only
official language and provision should be made for the reasonable use of Tamil
and also discussed other provisions connected with bill.
Accordingly, the draft was prepared and on May 3, 1956, and when the Government
Parliamentary Group met Bandaranaike, it was ready for distribution to members
of the group. However, the Prime Minister withheld the draft bill, instead
appointing a sub-committee of the Government Parliamentary Group to draft a
fresh bill. The members were: The Premier as Chairman, M W H De Silva - Minister
of Justice, Philip Gunawardene - Minister of Agriculture and Foods, W Dahanayake
- Minister of Education, I M R A Iriyagolle - Parliamentary Secretary, K M P
Rajaratne - Parliamentary Secretary, Sagara Palansooriya - MP, M B W Mediwake -
MP, Nimal Karunatilleke - MP, and R S V Poulier - appointed MP. The
sub-committee was empowered to co-opt others, if necessary.
It was called the "Sinhala Only Committee" and it had one representative of the
minorities - R S V Poulier, a Burgher, and according to Bandaranaike, the Tamils
were precluded from being on the Committee as they were against the Sinhala Only
policy of the Government.
The Committee submitted its draft to the government parliamentary group on May
23. It contained six articles. The first one set out that Sinhala would be the
sole official language. There were a few articles that dealt with the use of
Tamil and English. K M P Rajaratne, the Parliamentary Secretary opposed the
draft. Then on May 24, Professor F R Jayasuriya, a lecturer in economics at the
University of Ceylon, commenced a fast-to-death in the Parliament premises,
demanding that Sinhala should be the only official language and no concession
should be given to any other languages. This attracted many communal-minded
Sinhalese, such as L H Methanananda, K M P Rajaratne, the MP for Welimada and
others with similar yearnings.
Much pressure was brought to bear on Bandaranaike, and finally he fell in line
with the "Sinhala Only" camp. He introduced the bill in the House of
Representatives on June 4 and debate went on until June 15, 1956. During voting,
the UNP voted with the Government and the voting was 66-29.
"The decision to make Sinhalese as the sole official language of the Government
was not practical. It could not be the sole language of government, in any case,
in the Northern and Eastern provinces or any other area where it was not
understood," categorically described G C Mendis, during his presidential address
of the Ceylon branch of the Royal Asiatic Society, 10 years after the adoption,
on December 10, 1966. In his address, he said:
"The decision was also unwise. If the decision of 1944 had been allowed to
continue most of the 69 percent Sinhalese would not have considered it necessary
to learn Tamil as they had few opportunities for employment in the Northern and
Eastern provinces. On the other hand, many Tamils living in the Dry Zone in
order to find employment in the Sinhalese Wet Zone would have considered
necessary also to learn Sinhalese. The Indian Tamils living in the Central parts
would have found it necessary even more. And gradually Sinhalese automatically
would have become the main language of the country and of the government
whatever was the situation culturally. Thus the language problem in Ceylon would
have been automatically solved though gradually." - Journal of the Ceylon Branch
of the Royal Asiatic Society, new series Volume XI - pages 20-21.
The passage of the Sinhala only law was a great blow to the Tamils. The Tamil
leaders feared that the law might pose a threat of Tamils being assimilated into
the Sinhalese mainstream. The threat was considered a serious issue as the
cabinet had people like C P De Silva, a great believer in racial assimilation.
According to V Navaratnam, "He - C P De Silva - once told some of us - the Tamil
MPs, 'Look at me. Four-hundred years ago my forefathers were Tamils who came
from India. I am now Singhalese. What is wrong with me?'" The Fall and Rise
of Tamil Nation page 130.
Furthermore, this fear was already confirmed by G C Mendis, a respected
historian, who wrote in his, The Early History of Ceylon, "There is
sufficient evidence to prove in the early centuries of the Christian era, the
Dravidians helped to form the Sinhalese race ... It is difficult to gauge the
extent of Tamil blood among the Sinhalese, but there is no doubt, it is
considerable." - page 9.
It was feared that the Sinhalese leaders as well as the Buddhist clergies were
working on a grand design to subdue the Tamils' identity and gradually
assimilate them into the Sinhalese ethnicity. This fear made the Tamil leaders
oppose the imposition of the Sinhala only official language law which aimed to
thrust the language into the throats of the Tamils.
The thinking of the leaders of the Ilankai Tamil Arasu Kadchi was clearly
described by A Jeyaratnam Wilson, "FP leaders dwelt constantly on the theme that
the Tamils constituted a nation and wished to remain one. They should protect
their identity and not allow them to be assimilated, which they alleged was the
sinister design of Sinhala political leaders. Assimilation would, in any case,
place the Tamils at the bottom of the Sinhalese caste ladder, so there was no
reason to become part of it." S J V Chelvanayakam and the Crisis of Sri
Lankan Tamil Nationalism, 1947-1977. page 68.
Once the Sinhala Only language Bill was passed, Ilankai Tamil Arasu Kadchi began
to adopt a policy of "not to endure but to prevail". The party, which had
already rejected the national flag on the grounds that it gave undue prominence
to the Sinhala lion, which "correctly symbolizes the present humiliating status
of the Tamil-speaking people in Ceylon". The party earlier declared that the
flag should "be framed on non-communal principles and designed on the highest
ideals of the present age".
According to its declared policy, the ITAK announced that February 4, 1957,
Independence Day, should be observed as a day of mourning. On this day all the
towns and villages in the North and Eastern provinces, shops and offices were
closed and black flags fluttered on private buildings. The hartal demonstrated
the depth of hatred the Tamils had against the government's imposition of the
Sinhala only law.
The Language Act provided an opportunity for Tamils to permanently reject the
national flag and also bring about the permanent cleavage in the ethnic
relationships.
In the meantime, the Government Ministers who visited Tamil areas in the East,
such as Dahanayake, Marikar and Stanley Zoysa and M P De Zoysa, the
Parliamentary Secretary, who visited Jaffna, faced angry receptions and were
greeted by a group black flag-waving hostile ITAK volunteers.
Meanwhile, C Suntheralingham brought up the matter of Sinhala people being
colonized in the Padavilkulam, a hereditary Tamil region, by the Government. He
wrote to C P De Silva, the minister in charge of the subject, on June 22, 1957,
as follows, "I have to mention that the above 1,134 colonists and their families
are Sinhalese and members of the Volunteer Force working under Mr S D
Bandaranayaka and Philip [Gunawardene]. Not a single Tamil is among those who
are selected as were sent to only schemes where Sinhalese are in plenty. Many
schemes where Tamils are in plenty are not sent forms, thereby Tamil laborers
could not apply, eg, The Kilinochchi Scheme was not sent any forms but they say
forms have been sent. IE [Irrigation Engineer] Kilinochchi has wired for forms.
"I have already, in the course of my interview with you at the Ministry, in the
presence of your Permanent Secretary, brought to your notice that, in my humble
view, your ministry is guilty of flagrant violation of the laws of the land, as
they stand in the statue book, and that, by administrative action you are
seeking to squeeze out the Tamils.
"To my mind, the land question in relation to colonization schemes, being one of
the four fundamental demands of the Federal Party [ITAK)]is of greater import to
the Tamils, than even the Language Question.
"I charge you - you deliberately and maliciously violated the express provision
of the law. By defying the procedure set out by the Land Development Ordinance,
you have prevented the government agent, Trincomalee, from proceeding under the
law. You have made a valuable part of the Trincomalee district a part of the NCP
[North Central Province]. You have asked the permanent secretary, your director
of irrigation, heads of your lands and land development departments and
government agents, other than the government agent concerned who is vested with
the necessary power under law, to dispose of the land in a sly, sneaky and slimy
manner.
"Make no mistake, the land question is more diabolic than the language question,
and unless you quieten the devil whom you are raising, against the express law
of the land, in Pathaviya, you will be compelling us to deal with the devil
ourselves."
In the meantime, while the mood in the country was of a defensive nature, the
consequence to a private member motion brought in parliament by Rajavarothayam,
the ITAK MP for Trincomalee and seconded by C Vanniasingham of the same party, S
W R D Bandaranaike enacted the Prevention of Social Disabilities Act of 1957,
with the view to doing away with the scourge of the caste system that was still
widely prevalent among Tamils and Sinhalese.
The act was approved on April 13, 1957, and enacted to prevent the imposition of
social disabilities on any person by reason of their caste. According to the
act, clause (2), "any person who imposes any social disability on any other
person by reason of such other persons caste, shall be guilty of an offence and
shall, on conviction after summary trial before a magistrate, be liable to
imprisonment of either description for a term not exceeding six months or to a
fine not exceeding one hundred rupees. This law enabled the temple entry of the
members of the so called depressed caste Tamils especially in the Jaffna
district".
Eight years earlier, the Tamil MPs met then prime minister D S Senanayake and
appealed to him to introduce legislation to prevent animal sacrifices in Hindu
temples and also to compel the temple management to allow the so called members
of the depressed caste to enter the temples for the purpose of worship.
D S Senanayake appointed a commission under the Chairmanship of K Kanakaratnam,
the Tamil Congress MP for Vaddukoddai. It held several sittings and subsequently
submitted its report. Based on this, a bill was drafted to give effect to the
recommendations. Temple entry, which was proposed in the draft legislation, was
opposed by conservative Hindus on flimsy religious grounds. As there was
opposition to the bill, it did not find a place on the statute book.
Bandaranaike announced on October 15, 1957, that the major naval and air force
base in Trincomalee, which had been under British control for the past 150
years, had now passed back completely into Ceylon's possession. Also, on
November 1, 1957, the big air force base in Katunayake also passed into
Ceylonese hands. Several thousands of Tamil people who worked in the British
naval base at Trincomalee lost their employment. Bandaranaike failed to provide
either alternative employment or compensation for the thousands of Tamils who
lost their jobs.
Bandaranaike advocated a neutralist foreign policy and he established diplomatic
relations with the Soviet Union and China. He always emphasized that his
neutralism should not be construed as being directed against the West.
With world leaders such as his friend Jawaharlal Nehru, Marshall Tito, Sukarno
and Gamal Abdul Nasser, he pioneered that great neutralist movement which, under
its more fashionable name - the Non-Aligned Movement, today counts in its
growing ranks no less than 110 independent nations successfully following a
policy of neutrality or non-alignment in the absence of any superpower blocks.
The basic philosophy underlying all his actions, both public and private,
policies, attitudes and thought was in short, what he cherished most: His great
and never failing compassion towards his fellow beings, his charity towards them
all and above all absence of any kind of malice towards one and all-man or
nation. This was what political pundits declared of him and his foreign
policies.
When in December 1958, while revolt was simmering in Tibet and the Chinese
military command was threatening to bomb Lhasa and the Dalai Lama's palace, if
the unrest was not contained to Lhasa's south and northeast, so nearly 20,000
guerrillas and several thousand civilians were engaging with Chinese troops. The
conflict that ensued received international concern and condemnation by the
entire Buddhist world.
Unfortunately, Bandaranaike viewed the issue purely as an internal matter for
China to settle. The communist Chinese interference in Tibetan affairs and the
subsequent fleeing of the Dalai Lama in 1951, aroused the sensibilities of a
large section of the Buddhists in Ceylon.
From December 22, 1957, the country experienced the most severe floods in living
memory, sweeping the north-central and eastern provinces, causing rivers to
overflow. Bandaranaike visited the flood-affected regions to assess the damages
and to provide relief. When he visited Batticaloa, C Rajadurai, a young and
energetic, but first-time MP, went along with the Premier and his entourage to
inspect the flooded affected areas.
Rajadurai was one of the best Tamil orators, and could keep his audience
spellbound with his rhyming words and eloquent delivery. The first-time MP took
Bandaranaike to the worst-affected areas and explained the extent of the damage.
It is still vivid in this writer's memory, who, was in the entourage, the
enthusiasm Rajadurai showed in the way he explained to the Prime Minister in his
faltering English, "Sir, the water was standing here sir. The water was standing
there sir and the water was standing everywhere sir." Bandaranaike seems to have
appreciated the enthusiasm and the lively interest Rajadurai showed in
alleviating the sufferings of those flood victims and listened to him patiently
and assured that the government would provide speedy relief.
Areas in the Mannar district were also inundated and thousands were rendered
homeless. A few hundred died due to floods and there was no official estimate
available for an accurate official figure of causalities for the 1957 flood.
Bandaranaike, in his urge to bring about a social changes during his tenure as
Prime Minister, introduced socialist measures and nationalized private bus
companies on January 1, 1958. He also nationalized life insurance companies in
1958 and the port of Colombo in 1959.
Bandaranaike became aware of the principles of a planned economy and a national
commission was set up soon after he assumed office. By 1958, a 10-year plan for
economic development was formulated and published, in which industrial
development was given the topmost priority.
In the latter part of 1958, Philip Gunawardene, the Minister of Food and
Agriculture, successfully enacted the Paddy Lands Act, which offered tenant
cultivators greater security of tenure. This safeguarded the interests of tenant
farmers from the clutches of the rapacious landowners.
In 1957, Bandaranaike had appointed a Buddha Sasana (Sasana - the dispensation
of the Lord Buddha, the Buddhist religion; teaching, doctrine) commission to
make recommendations on how to accord "Buddhism its rightful place in the
country".
However, little came of it due to controversy over its recommendations. Two
Buddhists centers of learning, the Vidyodaya and the Vidyalankara Privenas, were
granted university status on January 1, 1959.
The Government was bent on the reform of the constitution and also was
interested in bringing about a series of changes in the election law.
Bandaranaike set up, on November 2, 1957, a Joint Parliamentary Committee on
Constitutional Reform to prepare the framework of a new constitutional basic
format. Due to the continued instability, Bandaranaike was unable to introduce
any amendments to the Constitution as recommended by the Committee.
But the government was successful in introducing changes in the election law in
1959. The most striking change was the reduction of the voting age from 21 years
to 18 years of age. The second Delimitation Commission with Walter
Thalagodapitya as the chairman recommended the creation of 145 parliamentary
electorates returning 151 members plus six nominated members totaling 157 for
the forthcoming parliamentary general election.
As stated in the previous chapter, Bandaranaike reneged the Banda-Chelva Pact on
April 9, 1958. On May 25, 1958 when the Batticaloa train was derailed at
Polonnaruwa and Tamil passengers were attacked, it was a clear signal for the
start of the anti-Tamil program, which resulted in riots against Tamils.
Anti-Tamil riots spread fast in the southern parts of the country and became
uncontrollable. On May 27, a deputation led by R E Jayatilleke, a reputed
Sinhalese personality, which included Sinhala, Tamil and Muslim communities, met
Bandaranaike at his Rosemead Place residence and urged him to declare a state of
emergency. The delegation gave an account of the riots and said that the country
as a whole face a very severe crisis. Bandaranaike could not accept this and
exploded, "you are exaggerating. The situation is not that bad."
The leaders of all three communities who met him found that Bandaranaike was not
awake to the deteriorating situation in the country. Therefore, they began to
contact Sir Oliver Goonetilake, the Governor-General. Bandaranaike continued to
vacillate despite the fact that the situation was deteriorating. Some of the
most ferocious and violent clashes occurred in Colombo and its suburbs, in the
Eastern province in the south of the province, where there was a mixed
population due to the colonization of the Sinhalese in the Amparai region and in
the North Central province where the Sinhalese hoodlums chased nearly 5,000
Tamil farming families who had lived there for several generations.
Finally, by the time the Government declared the state of emergency, more than
1,000 Tamils had been killed and several thousands displaced. The memories of
the riots still haunt the country. This was a calculated attempt by the
Government to subdue the Tamils. The most unfortunate thing was that the
government never even considered to compensate the victims of the terror.
When the state of emergency was declared the armed forces were called out to
assist the Police Force to restore law and order. Sir Oliver Goonetilake
directed the restoration of the law and order, which amounted to the complete
abdication of the Prime Minister's authority of governing the country. On May
30, Sir Oliver Goonetilake announced at the press conference, "There is a
mastermind behind the agitation that led to the violence." His reference clearly
pointed to J R Jayewardene.
In the meantime, S W R D Bandaranaike, after the declaration of the state of
emergency, said while addressing a Government Parliamentary Group on June 3,
1958, "Gentlemen, I have since then got complete control of the situation. All
the forces which were against law and order, under the misguided conception that
they could overthrow this government, combined in the events during the last two
weeks. The government did not hesitate to act. We have succeeded in checking the
law-breakers." His announcement was greeted with thunderous applause by the
parliamentarians belonging to the government. They demanded the arrest of the
Federal Party (Ilankai Tamil Arasu Kadchi) leaders.
The Prime Minister said, "Certainly, Federalists [ITAK] and other forces have
planned to overthrow the Central Government to set up a separate administration
in the North and East. But I have thwarted that. Their attempts have been
quelled. My military forces are now in the north and in the east. There is
military rule in these two provinces, each with a military governor. Yes, I say
they are military governors. With my army, I will see that there is no repeated
attempt to set up a different administration in those provinces."
On June 4, Chelvanayakam narrated the harrowing story of the riots in Parliament
and made an impassioned plea to arrest the persons behind the acts. Parliament
adjourned its sitting for the day at 10 pm in the evening. When the ITAK MPs
were on their way home they were arrested, some at their houses. Nearly 150
leading members of the party, including staff, of Suthanthiran were arrested and
kept in special detention centers.
K M P Rajaratne, the leader of the Jathika Vimukthi Perumuna, which was a
constituent party in the government coalition, was arrested with a few of his
leading supporters. The Tamil leaders therefore became the scapegoats for
Bandaranaike's political impotency.
Meanwhile, the country faced anti-government strikes in the last three months of
1958 and in the early part of 1959, organized by the LSSP and the communist
parties.
On August 5, 1958, Bandaranaike introduced the Tamil Language Special Provision
Bill, while keeping the leaders of the ITAK imprisoned. He appealed to moderate
opinion in all communities to march forward together to achieve the promise and
progress of a free nation. He said, "I am satisfied that extremism in this
country consists of the activities of a small minority, whether they are
Sinhalese or Tamils but, that the vast majority of the people are reasonable and
moderate and only wish to live together with mutual respect as well as
self-respect so that we could march forward together and achieve that progress
and that position for us all which we have been hoping to obtain under this
freedom we have, freedom for the Sinhalese - yes - remember too - that it is the
freedom for the Tamils, for the Muslims, for the Malays, for the Burghers, who
are all fellow citizens,- yes, if it is not freedom in that way for all, I too
repeat the words of another leader ... Shri Jawaharlal Nehru who stated that if
freedom meant internal communal strife or injustice or suppression of
minorities, to hell with Swaraj."
On the floor of the House, opposition members raised the issue whether members
of the ITAK would be allowed to participate in the debate of the bill.
Bandaranaike replied that if the ITAK MPs wished, then he was prepared to bring
them to parliament under police escort.
Chelvanayakam was consulted and he told that he was not in a position to reply
without consulting other members of his party. Other leaders of the Party were
brought to the house of Chelvanayakam, where he was kept under house arrest. It
was decided to inform the Prime Minister that the MPs of the ITAK would not
participate in any proceedings of the Parliament except as free men. On August
14, 1958, the Tamil language (Special Provisions) Bill was passed in the
Parliament.
While the ITAK leaders were held under detention, Bandaranaike as a compromise
measure enacted the Tamil Language (Special Provisions) Act No. 28 of 1958. The
act, which was adopted in August 1958, was from the original draft of the
language bill submitted by the "Sinhala Only Committee", of the MEP'
sParliamentary Group on May 23, 1956, and especially those articles that had
been withdrawn by the MEP Parliamentary Group a few days later.
The act dealt with the provisions regarding education, public service entrance
examinations and the administration of the North and Eastern provinces. The act
did not contain any enforceable right to use Tamil or any mandatory provisions
directing any use of Tamil, but it only authorized the prime minister to frame
regulations to give effect to the use of Tamil in the areas specified in the
act. Therefore, the approval of the act was a political gesture of accommodating
the Tamils, so long as the regulations that were necessary to secure the
effective implementation were not drafted and approved by parliament.
On October 4, 1958, the detained leaders and others of the ITAK were released
and on October 27 the ban on the Ilankai Tamil Arasu Kadchi and on Jathika
Vimukthi Perumuna were lifted. The Paddy Land Act piloted earlier by Philip
Gunawardene provoked strong opposition within the cabinet. Left-wingers within
the cabinet were in the minority. There arose the Leftist-Rightist faction
within the Cabinet and the rightist group was led by the maverick minister W
Dahanayake. Also, C P De Silva and Vimala Wijewardene resented Philip
Gunawardene and his party members. The Right wing in the cabinet prevailed and
Bandaranaike was unable to have his way and he was unable to govern the country.
On May 18, 1959, Philip Gunawardene and his colleagues resigned from the
Government and joined the Opposition benches. Thereafter, the Government
Parliamentary Group consisted of only the SLFP, whose total strength, including
the six appointed members, was reduced to 47 in a parliament of 101 members.
On June 9, 1959, thesSecond cabinet of Bandaranaike was formed, in which C P De
Silva retained his position as Leader of the House, but was given added
responsibility along with his Lands and Land Development, the responsibility of
Agriculture, which was earlier held by Philip Gunawardene. Instead of P H
William de Silva of the VLSSP, who was in charge of Industries and Fisheries, J
C Munasinha was offered that portfolio. Senator M W H De Silva, who retained his
Ministry of Justice portfolio in the second cabinet, resigned after holding the
portfolio just for two days, and was replaced by Senator Valentine S
Jayawickrema.
Vimala Wijewardene, who held the Ministry of Health, was given Local Government
and Housing - considered a sort of a promotion in her importance. P B G
Kalugalle was inducted as the Minister of Cultural Affairs and Social Service
and Bandaranaike was hailed as the forerunner of establishing a government
department to promote indigenous culture. Thus, the MEP coalition was replaced
by the SLFP and the name Mahajana Eksath Perumuna (MEP) was subsequently adopted
by Philip Gunawardene and his VLSSP followers.
The Prime Minister became more isolated and it was alleged that Mapitigama
Buddharakita Thero made use of the right-wing cabinet ministers to curb the
freedom of the Prime Minister and made him politically, a weakling.
Meanwhile, C Vanniasingham, one of the leaders and the founding member of the
Ilankai Tamil Arasu Kadchi, and the member of parliament for Kopay, passed away
on September 17, 1959.
As the factional struggle within the SLFP grew, on the morning of September 25,
1959, Talduwe Somarama Thero called on Bandaranaike by appointment at his
residence at Rosemead Place. Just when Bandaranaike was in the act of paying
obeisance to the Buddhist monk, Somarama whipped out a revolver and shot at the
Prime Minister, hitting him in the stomach at point blank range. It was later
revealed that the disillusioned monk, the assassin, was manipulated by former
supporters of the Prime Minister. On September 26, Bandaranaike succumbed to the
gunshot injuries.
Earlier, C P De Silva, the leader of the House, was taken ill on August 25,
1959, and was sent to England for medical treatment. He fell seriously ill after
consuming a glass of milk in the cabinet room. It was alleged that the milk
contained some poisonous substance and it was rumored that it had been meant for
Bandaranaike. As at the time, immediately after the demise of Bandaranaike, De
Silva had not recovered fully and W Dahanayake, the acting Leader of the House,
was invited to form a Caretaker Government.
Dahanayake formed his cabinet on September 26, 1959 and held on until March 19,
1960. During this period, he removed nearly all the ministers of S W R D
Bandaranaike's Government from office.
Influential persons within the government were suspected of murder and
complicity in the murder. Prime Minister Dahanayake came under pressure to
remove Vimala Wijewardene, who was appointed as Minister of Local Government and
Housing, and who was by now a prime suspect in the assassination. Stanley de
Zoysa, the Minister of Finance, found his position untenable when his brother, a
businessman, was suspected of involvement in the conspiracy. When the police
arrested Vimala Wijewardene on November 21, 1959, on a charge of complicity in
the murder, the Prime Minister had no option other than to remove her from the
cabinet. Stanley de Zoysa, the Minister of Finance, resigned on November 23,
1959.
On November 26, seven people were charged in the Magistrate's Court of Colombo.
Charges were filed against: (1) Mapitigama Buddhrakkita Thera (2) Hemachandra
Piyasena Jayawardena (3) Pallihakarage Anura se Silva (4) Talduwe Somarama Thera
(5) Weerasooriya Arachchige Newton Perera (6) Vimala Wijewardene and (7)
Amerasinghe Arachchige Carolis Amerasinghe.
On a charge of conspiracy to murder Bandaranaike, and the fourth person
above-named, was alone additionally charged with committing murder. The seventh
person, Amerasinghe Arachchige Carolis Amerasinghe, not long after the filing of
the charge, received conditional pardon in terms of section 283 of the Criminal
Procedure Code of Ceylon, and was thereafter called both at the inquiry and the
trial as witness for the prosecution in the case against the other persons.
At the end of the Magisterial inquiry, which lasted for nearly eight months,
Vimala Wijewardene, the sixth accused, was discharged on July 15, 1960. At the
trial held in the Supreme Court before Justice T S Fernando, Puisne Justice and
an English-speaking jury, the third and fifth persons above named were acquitted
with the jury returning an unanimous verdict in favor of the former and a 5-2
divided verdict in favor of the latter. The first, second and fourth persons
above named were found guilty by the unanimous verdict of the jury and sentence
of death was pronounced on each of them.
An appeals preferred to the Court of Criminal Appeal in Ceylon, the appeals
against the convictions were dismissed, but in the case of the first and second
persons the sentence of death passed on each of them was altered to one of
rigorous imprisonment of life. Applications for special leave to appeal to Her
Majesty in Privy Council by all three convicted persons were refused by an order
of the Privy Council in May 1962.
Meanwhile, within six weeks of the premiership of Dahanayake, a political crisis
developed over the plot that led to the assassination of Bandaranaike, resulted
in the falling apart of Dahanayake's ministries. When a motion of no-confidence
against the SLFP government led by Dahanayake was won by one solitary vote, the
prime minister, without even consulting the cabinet, advised the
Governor-General to dissolve the parliament.
Accordingly, it was dissolved on December 5, 1959, and a general election was
scheduled to be held on March 19, 1960. The general election was scheduled for
19 March and January 4, 1960 was declared as the nomination day.
On December 8, the Prime Minister dismissed the following five ministers - T B
Ilangaratne - the Minister of Home Affairs, Maitripala Senanayake - Minister of
Transport and Power, M P De Zoysa - Minister of Labor, P B G Kalugalle -
Minister of Cultural Affairs and Social Services, and Senator A P Jayasuriya -
Minister of Health. C P De Silva - Minister of Agriculture and Lands resigned
his portfolio in protest of the dismissal of the ministers.
Later, Dahanayake resigned from the SLFP to form his own political party - the
Lanka Prajatantara Pakshaya (Lanka Democratic Party - LPP). The SLFP refused to
accept his resignation and expelled him from the party, whereupon Dahanayake
sacked another batch of five SLFP ministers from the cabinet, namely: Henry
Abeywickrama - Minister of Works, C A S Marikar - Minister of Posts,
Broadcasting and Information, R G Senanayake - Minister of Food, Commerce and
Trade, J C W Munasingha - Minister of Industries and Fisheries, and M B W
Mediwake - Minister of Local Government and Housing.
During the general elections for the fourth parliament, the SLFP was led by C P
De Silva, who was not a very charismatic leader, so the party roped in the widow
of the slain leader - Srimavo Bandaranaike - to appear on the election rallies
on behalf of the SLFP candidates. She extolled the virtues of her slain husband
and appealed to the voters to support the SLFP to continue with the policies of
the departed leader. She became the principal attraction of the SLFP campaign.
She repeatedly wept while speaking of her late husband. Influential Lake House
press embarked on a policy of mocking and ridiculing Srimavo Bandaranaike. Lake
House papers published cartoons and caricatures of her, both insulting and
vulgar.
Dr N M Perera, the leader of the LSSP, referred the SLFP as "a comic gang" and
the UNP as "reactionaries" and referred to his party as that of "Golden Brains".
Philip Gunawardene, the leader of the MEP, campaigned on the basis of the MEP
being the only party capable of ushering in a true socialist society. The UNP
was led by Dudley Senanayake, who declared that the foremost responsibility of
the UNP was to restore law, order and stability in the country. In general, all
the Sinhalese political parties declared the speedy implementation of the
Sinhala Only law and of the Buddhist revival.
Dahanayake promised the wholesale repatriation of the Indian Tamils if he came
to power. The country was at the crossroads of power politics by the Sinhala
leaders.
For the general elections to the fourth parliament, the UNP fielded a total of
127 candidates, SLFP - 108; LSSP - 101; MEP - 89; LPP - 101; the Communist Party
- 53; Samajavathi Mahajana Perumuna (SMP) - 40; Sri Lanka Jathika Peramuna (SLJP)
-1; Bowshots Bandaranaike Peramuna (BBP) - 1; Jathika Vimukthi Peramuna (JVP) -
2; All Ceylon Tamil Congress - 8; Ilankai Tamil Arasu Kadchi - 19 and
Independents and minor parties - 167, thus a total 899 candidates were in the
fray to win 151 elected seats to the House of Representatives. The total number
of registered voters was 3,724,507.
After the delimitation, three new electorates, Udupiddy, Manipay, Kilinochchi
and Nallur, were carved out in the Jaffna district. For the first time, G G
Ponnampalam, the leader of the Tamil Congress, was defeated by Alfred
Duriayappah, the Mayor of Jaffna, an independent candidate and a relatively
unknown political novice. Similarly, in the Vavuniya electorate C
Suntheralingham was defeated by another unknown novice, an independent candidate
- T Sivasithamparam. The ITAK won 15 electorates, whereas the Tamil Congress won
a solitary seat - Udupiddy - M Sivasithamparam.
The UNP won 50 seats, SLFP - 46; LSSP - 10; MEP - 10; LPP - 4, but its leader
and the incumbent premier, Dahanayake was defeated; CP - 3; JVP - 2; SMP - 1;
SLJP - 1; BBP - 1; and independents 7. It was a hung parliament.
Governor-General Sir Oliver Goonetilake invited Dudley Senanayake, the leader of
the majority party, to form a government. He accepted to form a minority
government. On March 23, an eight-member UNP cabinet was sworn in, with Dudley
Senanayake in the helm as Prime Minister and Minister of Defense and External
Affairs; Bernard Herbert Aluwihare - Minister of Education and Cultural Affairs;
M D Banda - Minister of Agriculture and Lands and Minister of Food, Commerce and
Trade; Senator E J Coorey - Minister of Justice; J R Jayewardene - Minister of
Finance and Minister of Local Government and Housing; Montague Jayewickrema -
Minister of Nationalized Services, Shipping and Transport and Minister of Posts,
Works and Power; Dr M C M Kaleel - Minister of Home Affairs and Rural
Development and Senator Dr Mahapitiyage Velin Peter Peiris - Minister of Health
and Social Services.
Before and after forming the minority government, Dudley Senanayake met the
leaders of the Ilankai Tamil Arasu Kadchi, but his response to the demands of
the ITAK leaders did not even touch the fringes of the Tamil issues.
Chelvanayakam expressed his dismay over the political expediency of Senanayake,
when he suggested that the ITAK could accept Ministerial portfolios and be a
part of the Government. Chelvanayakam explained that the Party was pledged not
to accept any ministerial portfolios until the rights of the Tamils are won. The
meeting with Dudley Senanayake ended without any results.
The Sri Lanka Freedom Party, in its quest to form a government, assigned Dr
Badi-ud-din Mahmud, the Principal of Gampola Zahira College and an Islamic
academic, who was also one of the founders of the Sri Lanka Freedom Party along
with S W R D Bandaranaiake, to meet Chelvanayakam. SLFPers made headway with the
Tamil leaders. Felix Dias Bandaranaike, A P Jaysuriya, Maitripala Senanayake and
the leader of the party, C P De Silva, agreed with the ITAK that if the SLFP was
called on to form the Government, the leaders assured to include in the Throne
Speech, the Bandaranaike-Chelvanayakam Agreement of 1957, as the policy
statement of the government. Later, Chelvanayakam visited Srimavo Bandaranaike,
who declared that she would stand by the undertakings of her party leaders.
The first indication of the test of strength of the UNP government was the
election of the speaker. The UNP nominated Sir Albert F Peres, who had been
speaker from 1950-56. The opposition group nominated T B Subasinghe, an
independent MP from Katugampola electorate. Unfortunately, the
opposition-sponsored candidate, T B Subasinghe, won with 93-60 votes.
The vote on the Throne Speech was taken up on March 22, 1960. At the debate,
followed by the Throne Speech, Chelvanayakam made his Party's intention
succinctly known. He charged that Dudley Senanayake and Jayewardene were the two
leaders responsible for leading the march to Kandy against the Bandaranaike-Chelvanayakam
Agreement. He described how that march mislead the people and charged that the
UNP surreptitiously arranged the protest of the Buddhist clergies in front of
the Prime minister's house, resulting in the repudiation of the agreement, that
ultimately led to the reneging of it and which led to the racial holocaust of
1958.
Finally, Ilankai Tamil Arasu Kadchi voted along with the SLFP on April 22, 1960
(61 votes in favor of the Throne Speech and 86 against) to defeat the Minority
Government of the United National Party. After the defeat of the Government,
Dudley Senanayake summoned an emergency cabinet meeting to call for general
elections.
In the meantime, Ilankai Tamil Arasu Kadchi informed the Governor-General that,
if he summon the leader of the SLFP to form a Government, then the ITAK was
prepared to give unqualified support to the SLFP-led Government for its entire
term. Unfortunately, the Governor-General found it impossible to digest a man
like C P De Silva, who is from the Salagama cast - cinnamon peeler cast - to be
summoned to form the Government. The Governor-General avoided giving an
opportunity to the SLFP to form the Government, instead dissolving parliament on
the recommendations of the lame-duck Prime Minister and called for a fresh
election.
The SLFP leaders maintained in constant contact with the ITAK during the
electioneering period of April to July 1960. The ITAK, through its party
network, mustered the support of the Tamils living outside the Northern and
Eastern Provinces to the SLFP, that led to victory for several SLFP candidates
in the elections. The agreement and the understanding reached since the defeat
of the minority UNP government remained binding up to the general elections of
July 1960.
At the general elections held on July 20, 1960, the SLFP won convincingly with
75 seats and UNP obtained 30 seats. In the same elections Ilankai Tamil Arasu
Kadchi won 16 seats in the North and Eastern Provinces. Srimavo Bandaranaike,
the widow of the slain leader of the SLFP, was sworn in as the Prime Minister.
She took her seat in the Senate and became the first women head of state in the
world.
Once the SLFP was ensconced in power, they began to ignore the Tamils and
Ilankai Tamil Arasu Kadchi. They not only went back from their earlier pledges
to the Party, but also began to launch several anti-Tamil measures. The SLFP
government announced that it would bring the Official Language Act into
operation from January 1, 1961. In addition, the Minister of Justice, Sam P C
Fernando, introduced legislation in Parliament to make Sinhala language as the
language of the courts throughout the country.
The Government led by Srimavo Bandaranaike not only failed to honor the pledges
to the ITAK, but initiated severe and drastic anti-Tamil legislation to spike
the Tamils with vengeance. Chelvanayakam and her men took note of the betrayal
by the opportunist Sinhalese leaderships for the second time in succession.
Felix Dias Bandaranaike, a senior Minister and the nephew of Srimavo
Bandaranaike, was one of those high-ranking leaders of the SLFP who negotiated
with the ITAK, "That promise was given completely under a different political
situation. Today, it is a different situation and we must not give room for the
UNP to incite the Sinhalese extremists."
The Sinhalese political leaders were only worried about pacifying the Sinhalese
extremists in the country rather than honoring their pledges to the Tamils. For
the second time, the Ilankai Tamil Arasu Kadchi, a moderate political
organization of the Tamils, gave the opportunity to the Sinhalese leadership to
work in amity with the Tamils to bring about harmony, unity and national
integration in the country. It was a gesture to bring about "unity in diversity"
and again the Sinhalese leadership by repudiating their pledges failed to steer
the country in the right direction.
Postscript
Proclamation by the Governor-General:
By His Excellency William Gopallawa, Member of the Most Excellent Order of the
British Empire, Governor-General And Commander-in-Chief of the Island of Ceylon
and its Dependencies: Greetings,
"WHEREAS it appears to me to appoint a Commission for the purposes hereinafter
mentioned:
"Now, therefore, I William Gopallawa, Governor-General, reposing great trust and
confidence in your prudence, ability and fidelity, do in pursuance of the
provisions of section 2 of the Commission of Inquiry Act, by these presents
appoint you, the said -
"Honorable Thusew Samuel Fernando, Judge of the Supreme Court of Ceylon,
Honorable Abdel Younis, Judge of the Court of Cassation, United Arab Republic,
Honorable G C Mills-Odich, Judge of the Court of Appeal, Ghana, To be my
Commissioners for the purpose of inquiring into and reporting on -
"whether, in addition to the persons found guilty by Court in Case No: S C C 8 M
C Colombo 23838/A, any other persons plotted, or were directly or indirectly
party or were concerned in a plot, to assassinate the late Prime Minister of
Ceylon, namely Solomon West Ridgeway Dias Bandaranaike, and, if so, the names of
such persons and the underlying objectives or motives of such persons: and host
of other terms of reference. Refer: Sessional Paper III - 1965 -
"Report to His Excellency the Governor-General by the Commission appointed in
terms of the Commissions of Inquiry Act to Inquire into and Report on Certain
Matters connected with the Assassination of the Late Prime Minister Solomon West
Ridgeway Dias Bandaranaike.
"On the 22nd day of August 1963 Your Excellency was further pleased to appoint
Mr J R M Perera, Crown Counsel, to act as Secretary to the Commission. The
Government of Ceylon, thereafter, made available to us the house at No 115,
McCarthy Road, Colombo, to serve as an office for the work of the Commission.
"On the 4th October 1963, we caused to be published in all three languages,
Sinhala, Tamil and English, in the Ceylon Government Gazette No 13,778 of that
date and in recognized newspapers circulating in Ceylon, a notification to the
members of the public requesting any person who had any information to give us
with regard to any of the questions enumerated in the instrument appointing the
Commission to communicate to the Secretary a statement containing a gist of any
such information and also to indicate to him whether the person so furnishing
the statement was prepared to give evidence before us. Although we mentioned in
our notification that statements would be received by us only till October 31,
1963, but we did accept communications made to us or to the Secretary even after
the date so notified and right up to the last day on which evidence was actually
recorded by us.
"As two of us had to arrive in Ceylon for the performance of the work of the
Commission from our respective countries abroad, there was necessarily some
little delay before we could settle down to our task. One of us was able to
arrive in Ceylon on November 5, 1963, while the other was able to reach the
country only a week later, on November 12, 1963. After all three of us was able
to meet together in Colombo, we began to acquaint ourselves with (1) the nature
of the police investigation into the assassination , (2) the evidence recorded
at the Magisterial inquiry conducted by the Magistrate of Colombo prior to
committal of certain persons for trial, (3) the evidence taken up for trial of
the persons so committed, (4) the summing up of that evidence and direction
given to the jury by the trial judge, (5) the judgment of the Court of Criminal
Appeal of Ceylon on the appeals filed by the three persons convicted in the
Supreme Court and (6) the order made by Their Lordships of the Privy Council in
England upon the applications for Special Leave to Appeal made by the convicted
persons from the dismissal of their appeals.
"To this end we pursued some 2,848 pages of typescript containing the notes of
the police investigation into the assassination, some 3,000 pages of typescript
of evidence in the Magistrate Court and some 3,500 pages of typescript of the
evidence in the Supreme Court. When our reading had been completed we availed
ourselves of the valuable services of Mr A C Alles, Solicitor-General, and
Messrs R S Wanasundera and R I Obeysekera, Crown Counsel, in addressing our
minds to the question of the number and identity of persons whose conduct
appeared to us to require examination and assessment in order to answer the
questions reproduced at the beginning of this Report. With their assistance we
examined also the speeches as reproduced in Hansard of several Members of the
two Houses of Parliament delivered before and after the assassination in
connection with votes of no-confidence or other resolutions. As some of the
statements made during the course of these parliamentary debates appeared to us
of some relevance in our deliberations, we caused number of Members of the House
of Representatives and of the Senate to be addressed by the Secretary on our
behalf inquiring whether they were willing to give evidence before us. We regret
to say that the response to our inquiries was somewhat disappointing. This lack
of positive response notwithstanding, we did cause to be summoned and examined a
few of the Members of Parliament whose evidence we considered necessary to
receive for the adequate performance of the functions undertaken by us.
"We received memoranda from a total of 84 persons in response to the publication
of our notification. Of this number 15 were from persons who chose to be
anonymous, while four persons clearly wrote under pseudonyms. A not
inconsiderable number of petitions were from persons who exhibited in their
communications apparent derangement of mind, while a few were mere malicious
effusions.
"As we decided not to take into account, as against any person whose conduct
appeared to us to inquire examination, any information that could not be
reproduced before us in the shape of evidence at our inquiry in the presence of
person or persons who might be affected by such information, the information
contained in these anonymous and pseudonymous petitions had to be kept out of
consideration in reaching our conclusions. The merely malicious ones were
similarly disregarded. Many of the communicants preferred to give us only there
inferences, insinuations and conclusions: in other words they claimed to do that
work which we had been commissioned by Your Excellency to perform for your
information. We should have been obliged to them not for their inferences,
insinuations, or conclusions but for the material on which these had been based.
As a matter of procedure we decided not to summon for examination before us
persons who were content to communicate to us merely inferences etc., without
giving us an opportunity of considering the material on which these inferences
were drawn.
"The response to the notification made by us to the public was generally
disappointing. We think it not improbable that the interval of four years
between the assassination and the appointment of the Commission may have
contributed to this disappointing response.
"When all the material available to us in the notes of the investigations, the
statements recorded by the police, the Court proceedings and the memoranda has
been examined, we were of the opinion that the cases of only six persons
required examination to decide whether they within the Terms of Reference. We
thereupon caused notice to be served upon each such persons in terms section 16
of the Commission of Inquiry Act that inquiry would be made in respect of their
conduct commencing on March 11, 1964. The two of us who came to Ceylon from
abroad then left for our respective countries on November 29, 1963 and returned
on March 19, 1964.
"The Inquiry commenced on March 11, 1964, as previously fixed, and in the
interests of the convenience not only of the persons concerned but also of
ourselves, and with the view to expedite the inquiry it was broken up into parts
so that there was no need for all persons noticed to be present throughout our
entire inquiry, but only at such stages thereof at which their presence was
deemed necessary.
"We held 23 sittings of the Commission at which we caused to be recorded the
evidence of 39 witnesses.
"The evidences of all witnesses were taken by us at public sittings, except in
the case of four, part of whose evidence was taken in camera by virtue of the
direction enabling us to do so in the Warrant issued by Your Excellency. The
decision to exclude the public during the course of the taking of the evidence
if these persons was influenced by the desire to avoid embarrassment to parties
noticed by us which could have resulted had undue publicity been given to that
evidence in the press.
"We consider it necessary to bring to Your Excellency's notice a deficiency in
the legal provisions relevant to the Commission of Inquiry appointed in terms of
the Commission of Inquiry Act. Section 12 of that Act enumerates the acts and
omissions which constitute the offence of the contempt against or in disrespect
of the authority of the Commission. Particularly in cases where judges are
appointed Commissioners under this Act, we think it is necessary, in order to
enable them to perform their functions efficiently and with independence and so
better secure the public interest, to extend the definition of contempt against
or in disrespect of the authority of the Commission to certain other acts and
omissions. It is hardly necessary for us here to attempt to indicate the limits
of the area of such extensions. We may, however, take leave to point out that
the legislature appears to have contemplated in 1958 an amendment of the law
somewhat on the lines we have in mind. We gather that a Bill drafted about the
time to amend the Commission of Inquiry Act was not proceeded with for reasons
of which we are unaware. The efficient performance of the work of the
Commissions and public interest alike demanded the supplying of the present
deficiencies of the relevant law.
"In the course of our work on this Commission we noticed instances where persons
have made statements in circumstances in which, had we constituted a court, such
persons would have been committed for contempt of court. In one such instance,
we summoned the individual concerned to appear before us and then admonished
him, but we had no authority to punish him ourselves or cause him to be reported
to the court of law preparatory to action as if on contempt. If the law
continues to be deficient, it may be found difficult to secure the services of
judges in those Commission of Inquiry.
Excerpts from the Report
"Solomon West Ridgeway Dias Bandaranaike became the Prime Minister of Ceylon
with the announcement of the results of the General Elections held in April
1956. On September 25, 1959, he was shot, in the verandah of his own house at
Rosemead Place, Colombo, in the gaze of a number of people and on the following
day he died of the gun shot injuries he so received.
"At the end of an exhaustive investigation by the Ceylon Police, in the course
of which they sought and received the assistance of officers who came to Ceylon
from Scotland Yard, a plaint was filed in the Magistrate's Court of Colombo on
November 26, 1959, against the following persons:-
(1) Mapitigama BuddharakitaThera
(2) Hemachandra Piyasena Jayawardena
(3) Pallihakkarage Anura de Silva
(4) Talduwe Somarama Thera
(5) Weerasooriya Arachige Newton Perera
(6) Vimala Wijewardene
(7) Amerasinghe Arachige Carolis Amerasinghe OI
"1 - Maptigama Buddharakkita Thera - was the Viharadhipati of an ancient and
well known Buddhist Temple called the Kelaniya Raja Maha Vihare.
He was the founder and the Secretary of the Eksath Bhikku Perumuna a militant
Buddhist clergy organization, which played a leading role in the General
Elections victory of Bandaranaike in 1956.
The Buddhist chauvinistic and ethnic hegemony over the Tamils were described in
the The Revolt in the Temple, a book written by Wijewardene, the husband
of Vimala Wijewardene and the uncle of J R Jayewardene. " - Mrs. Wijewardene
herself admitted that in her 1952 Kelaniya Election campaign she received much
assistance from Buddharakkita, the Viharadipathy of the important Kelaniya
Temple situated in the Kelaniya constituency. Buddharakkita, according to her,
had been entrusted to the care of her husband at the time of the previous
incumbent died, and, being the principal lay-supporter (dayakaya) of the Temple,
Mr. Wijewardene, according to her, became adviser and patron to the young monk
who was then but 19 years old. Buddharakkita used to visit the Wijewardenes at
their Glen Aber Place house, where other persons including monks are said to
have foregathered to discuss matters appertaining to the religion and to the
Kelaniya Temple. According to Mrs Wijewardene Kelaniya Election campaign she
received much assistance, her husband, Buddharakkita, and a monk referred to as
Rev Paula, all advocated a somewhat modern approach to Buddhism to which
expression was given by her husband himself in a book composed by him entitled,
The Revolt in the Temple. - Ibid. - Sessional Paper III -1965 page 43.
"Buddharakkita was responsible in a very big way for the abrogation of the
Banda-Chelva pact. He was involved in promiscuity. His copulation with wives of
leading Sinhalese political elites of the time was the grist to the mill.
"We have already found that there existed between Mrs Wijewardene and
Buddharakkita a more than intimate relationship involving the inference that
there is a high degree of probability that Buddharakkita could not have failed
to disclose to Mrs Wijewardene his plans to assassinate Mr Bandaranaike. We have
also found that she knew well and associated with one other proved conspirator H
P Jayawardene and that the third proved conspirator Somarama was also known to
her. " - page 58.
"2. Talduwe Somarama Thera - Another Buddhist monk incensed with anti-Tamil
feelings. He worked relentlessly in those days to set up theocratic government
in Ceylon. He was a native physician and an eye specialist. He was attached to
the Government Ayurveda College at Borella, Colombo. He addressed in several
election propaganda rallies of Vimala Wijewardene and other SLFP leaders of that
time.
"3. Mrs Vimala Wijewardene - She was the member of parliament from the Mirigama
constituency. She was the wife of D C Wijewardene the uncle of J R Jeyawardene
and the author of Revolt in the Temple, which kindled the Sinhalese -
Buddhist communal fervor and decided the political course of the country in the
early part of 1950s.
"She was first the Minister of Health until April 1956 to June 1959, and later
Minister of Local Government and Housing, from June 1959 till she was removed
from office on October 20, 1959.
"That Mrs. Wijewardene struck up a friendship with the monk Buddharakkita who
was over 10 years younger than herself was abundantly manifest to us in every
aspect of the relevant evidence. She did not attempt to conceal the fact that
Buddharakkita was in the habit of visiting her house at Buller's Lane."
" - The evidence we received [substantially in camera] from four employees of
Mrs Wijewardene - we regret to have to say - leaves no room for doubt in our
minds as to the nature of the association between Mr. Wijewardene and
Buddharakkita."
"Some evidence was received by us that certain scurrilous pamphlets had been
circulated widely in the period October 1956 to early 1958. These began with the
pamphlet published in October 1956 coupling together the names Mrs Wjiewardene
and Buddharakkita. It was alleged that Mrs Wijewardene was annoyed that Mr
Bandaranaike did not take any action to prosecute the persons responsible for
the publication. Her version, on the other hand, was that there was no reason
for her to be annoyed with Mr Bandaranaike over a non-prosecution in this matter
when there was no evidence available as to identify of author, printer or
publisher. Two months after this obscene and scurrilous pamphlet has appeared in
the streets, there appeared another equally obscene and scurrilous pamphlet,
this time coupling together the names of Prime Minister's wife with that of his
Private Secretary. No evidence was apparently available as to the authorship or
place of printing even of this pamphlet.
"It was suggested to us that Mr and Mrs Bandaranaike were annoyed at this
publication. Annoyance it seems to us, was undoubtedly inevitable; but it does
not follow that they were necessarily annoyed with Mrs Wijewardene. It was
surmised that the persons who were attacked in the first scurrilous pamphlet
might have caused the publication of the second, but the evidence available to
us go to establish the accuracy of this surmise. When the position remained that
no prosecution was possible in the respect of the publication of either
pamphlet, a booklet appeared in 1958 in which one Malalgoda claimed that Mrs
Wijewardene was the author of the second scurrilous pamphlet and that he had in
possession the manuscript thereof in Mrs WijewardeneIs own handwriting. Having
regard to these utterly worthless nature of the evidence of this man Malalgoda
recorded at the Magisterial inquiry in the assassination case, we think it
worthwhile to waste time ourselves in an attempt to find the elusive answer to
the question as to who was the author or printer of either pamphlet." - Ibid. -
Sessional Paper III - 1965 pages 43, 44, and 50
(@Asia Times: By K T
Rajasingham)