Part I
Kulasiri Udugampola - A traitor of the nation and the state
"A total betrayal and absolute treachery to the nation"
Military secret sacrificed on the altar of politics
Sources: The Island / CDN / Sunday Times
Raid of the Army Safe House
on January 02, 2002, a police team led by a pro-UNP police officer named Kulasiri Udugampola raided a Army safe house at No. 844, Kaduwela road, Athurugiriya without a court order to search the place. The safe house was used by Army intelligence personnel (Directorate of Military Intelligence) for covert action to infiltrate LTTE cadres and eliminate some of the LTTE leadership.
Udugampola seized a booty of military hardware - Light anti tank weapons, anti tank mines, land mines, assault rifles, claymore mines, thermo baric weapons and green stripe uniforms. He arrested a Captain and four regular soldiers of the Army's Directorate of Military Intelligence (DMI). Also arrested was a former Tiger guerrilla cadre who surrendered and was helping the Army.
The goods and the men were brought to Cinnamon Gardens Police Station.
Whilst the men were detained in a room, the media were allowed to view and photograph all the military items displayed inside the Police Station. Thereafter the Army men and their helper were driven in a vehicle to Kandy guarded by two armed policemen. In the wee hours of the morning, they were thrust into remand cells where common criminals were kept. Detention Orders to hold them in custody were issued under the Prevention of Terrorism Act (PTA).
Inviting electronic and other media Udugampola showed the whole country the weapons of the army unit and published the names of the military operatives and informants attached to the unit. Further he wrongly alleged it was part of a conspiracy to kill the newly elected Prime Minister, Ranil Wickremesinghe. It was made out that premises No 844 at the Millennium City was a secret hide out from where military men had planned to carry out assassinations on United National Front (UNF) Government leaders. The Police raid had busted their plans, or so it seemed.
The Safe House fiasco was a colossal blunder. In fact, the arrested men, far from being suspected terrorists, were those hunting them down during top secret operations.
The Long Range Reconnaissance Patrol (LRRP) team
The Long Range Reconnaissance Patrol (LRRP) team, housed at the Kohuwala Army Camp and was relocated to Athurugiriya in December 2001. When the safe House was raided the LRRP team led by Captain Nilam had conducted a number of Deep Penetration operations in the North and had accounted for nine LTTE high rankers including Mano and Ganesh. They have also killed another 10 regional level leaders.
Just before the raid, the LRRP team's most accomplished task was the assassination of Thambirasa Kuhashanthan alias Nizam, guerrilla Military Intelligence leader for Batticaloa. It was Nizam who had been directing all suicide and other attacks in the City at that time. One of his prize targets then was former Cabinet Minister, C.V. Gooneratne.
The Presidential Commission of Inquiry
A Presidential Commission of Inquiry to inquire into the disclosure of the existence of and the raid on the safe house operated by the Sri Lanka Army found that "the action taken by ASP Udugampola in the manner he did in taking into custody several Army personnel was illegal, immoral and in violation of all the rules and regulations of the police".
The Commission to probe into the incident was appointed in August 16, 2002 by President Chandrika Bandaranaike Kumaratunga. The Commission sat from August 2002 to November 2003 and heard 69 witnesses. The report was released to the media by the President's Office in December 2003.
The one member Commission chaired by retired Supreme Court judge D. Jayawickreme in his report had said that the ASP had rejected the statement of the Army Commander about the safe house functioning under his approval and had proceeded on a non-existent Court Order.
It further says every one including the Prime Minister, Minister of Defence and the Minister of Interior, the Inspector General of Police and the Senior Police Officers seem to have been impotent or have purposely avoided preventing Udugampola proceeding further in respect of this raid. Therefore, the Commission concludes that to this extent "the Government, the Prime Minister and the Ministers concerned, the then Inspector General of Police Lucky Kodituwakku, his successor T.E. Anandarajah and all other senior Police officers responsible for the illegal act of ASP Udugampola."
"The evidence before this Commission further discloses the fact that Lt. Col. Padmasiri Udugampola, SLCMP, brother of ASP Kulasiri Udugampola, Major General Ivan Dissanayake and Colonel K.H.N. S.S. Dharmaratna, Major A.C.A. de Soysa, SLCMP, Major A.S.P. Podiralahamy, SLCMP, Major K.U. Jayanetti, SLCMP, Major B.M.A.N.S.K. Karunaratne, MIC, Corp, J.H.A.P de Silva, JHAT-MIC, Corp. M.P.A. Pieris, JHAT-MIC, were all aware of the impending raid and have directly and indirectly assisted ASP Kulasiri Udugampola in raiding the Safe House.
"If these officers had any doubts about the Safe House they should have brought it to the notice of the Army Commander and moved the Military Police to investigate. But these officers, without doing so, have conspired with Kulasiri Udugampola to raid this Safe House for their own personal benefits. Moreover, none of these officers have informed Army Commander (Lt. Gen. Lionel Balagalle) or the Director, DMI (Brigadier Kapila Hendavithana) about the raid before the raid."
The Commission also notes that the presence of Retired Deputy Inspector of Defence Lal Ratnayake, Private Secretary to Interior Minister John Amaratunga at the Military Police on the night of the raid on the instructions of the Minister of Interior and the Minister of Interior contacting the Secretary to the Ministry of Mass Communications and the Secretary to the Defence Ministry and ASP Udugampola contacting the Minister of Interior on the telephone leads to the conclusion that due to political patronage ASP Udugampola has behaved as if he was above the law and that he can act the way he wanted to.
The arbitrary action of the police has jeopardized the security of the estate and the Military strategy of the Armed Forces and exposed the personnel engaged in the duties entrusted to them by the Army, concludes the Commission.
"Since this raid 23 operatives and informants have been killed and some have been seriously injures," observed the Commission.
The Solicitor General on behalf of the Attorney General had directed the IGP to take disciplinary action against him. The Commission has also made several recommendations to prevent interference by officials or authorities in the military strategies of the Armed Forces.
Foremost among the Commissions recommendations is a call to depoliticalise the Police and the Army and placing them in the hands of capable men. The Presidential Commission Report also said that the arbitrary action of the police had jeopardized the security of the State and neutralised the Military strategy.
Statement of Elle Gunawansa Thera
In a strongly worded statement to the press the Venerable Elle Gunawansa Thera said, the betrayal of the country’s national army by the Ranil Wickremesinghe government was one of the biggest betrayals of the nation’s history. He said those responsible including Prime Minister Ranil Wickremesinghe should be brought to justice according to the country’s laws. He said the former Minister John Ameratunga and both Udugampola brothers who were at the bottom of it and all other police and army officers connected to it should be punished irrespective of the positions they held.
The Supreme Court Judgement
On 30th of January 2004, The Supreme Court declared the fundamental rights of five officers of the Sri Lanka Army, who were arrested and detained by Superintendent of Police, Kandy K. Udugampola and four of his subordinates, had been violated when the police raided the Army Safe House at Athurugiriya, on January 2, 2002.
The petitioners were S. H. M. Nilam, P. Ananda Udalagama, H. M. Nissanka Herath, I. Edirisinghe Jayamanne and H. Mohamed Hilmy.
The judgement said they had been subjected to inhuman, arbitrary treatment, illegal arrest and illegal detention by Udugampola and his subordinates. The state was directed to pay each petitioner a sum of rupees seven hundred and fifty thousand (Rs. 750,000) as compensation and costs. The first respondent Udugampola, to pay each petitioner, personally a sum of Rs. 50,000/- as compensation. Each petitioner would be entitled to a sum of rupees eight hundred thousand (Rs. 80,000) as compensation and costs. The amount was to be paid within three months.
Udugampola’s subordinates were R. A. P. Dharmaratne, Sub-Inspector of Police, Kandy, M. A. E. Mahendra, Head Quarters Inspector Kandy, Ashoka Ratnaweera, S. S. P. Kandy, M. M. M. B. J. Mohottigedera, OIC Katugastota.
The judgement said that the counsel for the petitioners had submitted that as a result of the conduct of Udugampola, and his subordinates, several patriotic intelligence operators had already been murdered. The covert operation that was being conducted by the petitioners, was exposed, and their lives and those of their families were exposed to the greatest of risk. It was therefore submitted that the petitioners, are entitled to very substantial compensation. The predicament of the petitioners, and the deaths of so many intelligence operators, resulting in irreparable damage to national security, was due to the conduct of Udugampola, and he should be personally responsible for what had taken place, counsel for the petitioners had submitted.
The judgement was delivered by Justice Dr. Shirani Bandaranayake, with the Chief Justice Sarath N. Silva and Justice P. Edussuriya agreeing.
Justice Edussuriya had said, the manner in which Udugampola had acted, without paying any heed to Brigadier Hendawitharna, the Director of Military Inte-lligence and Major Sally, without taking the trouble to ascertain the truth of what they said from their superior, exposing the petitioners to the press and, his subsequent conduct, with utter disregard to the rights of the petitioners, it was apparent that he acted so with some ulterior motive whilst being engaged in this despicable exercise, and his conduct must be condemned in the strongest possible manner.
To put it mildly, it was deplorable Justice P. Edussuriya further said that, in the alternative that is, if he did not act with any ulterior motive then, he has acted like an over enthusiastic blundering schoolboy, and has thereby displayed his incompetence.
The registrar of the court was directed to send a copy of the judgement to the IGP.
Kulasiri Udugampola on compulsory leave
The Police Commission headed by President's Counsel Ranjit Abeysuriya on 10th February 2004 approved the request made by IGP Indra de Silva to send ASP Kulasiri Udugampola on compulsory leave until the completion of the ongoing investigation into the Athurugiriya Millennium City Army safe house raid.
The IGP empahised that if ASP Udugampola was found guilty, he would be charged under the normal law of the land, he would be interdicted and action would be taken according to the law.
The IGP earlier declared that the Army and police personnel found guilty by the Presidential Commission in the Athurugiriya millennium city Army safe house raid would be prosecuted. The IGP said he would be consulting the Attorney General before instituting legal proceedings against the offenders. He said a special police team headed by a Senior Police Officer, had been assigned to commence investigations based on the report released by the Presidential Secretariat.
Arrest of Kulasiri Udugampola
On 23rd of March 2005 Kulasiri Udugampola was arrested by a special police investigation team in Kandy.
Udugampola was on compulsory leave. The Attorney General will indict Udugampola on 20 counts including instituting false charges against former Army Commander Lt. General Lionel Balagalle and several Army officers and wrongful confinement of Army personnel in police custody.
He was taken into custody on the IGP's orders on investigations of Senior SP Asoka Wijetilake who probed the Police raid on the Army safe house at Athurugiriya on January 2, 2002.
The special investigation team commenced investigations eight months ago. They were concluded in December 2004. The Attorney General will file indictment in the High Court of Kandy charging Udugampola for offenses under Section 26(1) of the Official Secrets Act and instituting false charges against Army personnel.
Following his arrest, Udugampola was produced before Kandy Magistrate Harsh Setunga and released on surety bail in a sum of Rs 500,000. He was directed to surrender his passport and ordered not to leave the country without Court permission.
He was also directed to appear before the OIC Kandy Police every Sunday and to appear before the High Court of Kandy on March 29.
The prosecution had listed 70 prosecution witness including the IGP, Army and police officials both in service and those retired.
Kulasiri Udugampola - A traitor of the nation and the state
"A total betrayal and absolute treachery to the nation"
Military secret sacrificed on the altar of politics
Sources: The Island / CDN / Sunday Times
Raid of the Army Safe House
on January 02, 2002, a police team led by a pro-UNP police officer named Kulasiri Udugampola raided a Army safe house at No. 844, Kaduwela road, Athurugiriya without a court order to search the place. The safe house was used by Army intelligence personnel (Directorate of Military Intelligence) for covert action to infiltrate LTTE cadres and eliminate some of the LTTE leadership.
Udugampola seized a booty of military hardware - Light anti tank weapons, anti tank mines, land mines, assault rifles, claymore mines, thermo baric weapons and green stripe uniforms. He arrested a Captain and four regular soldiers of the Army's Directorate of Military Intelligence (DMI). Also arrested was a former Tiger guerrilla cadre who surrendered and was helping the Army.
The goods and the men were brought to Cinnamon Gardens Police Station.
Whilst the men were detained in a room, the media were allowed to view and photograph all the military items displayed inside the Police Station. Thereafter the Army men and their helper were driven in a vehicle to Kandy guarded by two armed policemen. In the wee hours of the morning, they were thrust into remand cells where common criminals were kept. Detention Orders to hold them in custody were issued under the Prevention of Terrorism Act (PTA).
Inviting electronic and other media Udugampola showed the whole country the weapons of the army unit and published the names of the military operatives and informants attached to the unit. Further he wrongly alleged it was part of a conspiracy to kill the newly elected Prime Minister, Ranil Wickremesinghe. It was made out that premises No 844 at the Millennium City was a secret hide out from where military men had planned to carry out assassinations on United National Front (UNF) Government leaders. The Police raid had busted their plans, or so it seemed.
The Safe House fiasco was a colossal blunder. In fact, the arrested men, far from being suspected terrorists, were those hunting them down during top secret operations.
The Long Range Reconnaissance Patrol (LRRP) team
The Long Range Reconnaissance Patrol (LRRP) team, housed at the Kohuwala Army Camp and was relocated to Athurugiriya in December 2001. When the safe House was raided the LRRP team led by Captain Nilam had conducted a number of Deep Penetration operations in the North and had accounted for nine LTTE high rankers including Mano and Ganesh. They have also killed another 10 regional level leaders.
Just before the raid, the LRRP team's most accomplished task was the assassination of Thambirasa Kuhashanthan alias Nizam, guerrilla Military Intelligence leader for Batticaloa. It was Nizam who had been directing all suicide and other attacks in the City at that time. One of his prize targets then was former Cabinet Minister, C.V. Gooneratne.
The Presidential Commission of Inquiry
A Presidential Commission of Inquiry to inquire into the disclosure of the existence of and the raid on the safe house operated by the Sri Lanka Army found that "the action taken by ASP Udugampola in the manner he did in taking into custody several Army personnel was illegal, immoral and in violation of all the rules and regulations of the police".
The Commission to probe into the incident was appointed in August 16, 2002 by President Chandrika Bandaranaike Kumaratunga. The Commission sat from August 2002 to November 2003 and heard 69 witnesses. The report was released to the media by the President's Office in December 2003.
The one member Commission chaired by retired Supreme Court judge D. Jayawickreme in his report had said that the ASP had rejected the statement of the Army Commander about the safe house functioning under his approval and had proceeded on a non-existent Court Order.
It further says every one including the Prime Minister, Minister of Defence and the Minister of Interior, the Inspector General of Police and the Senior Police Officers seem to have been impotent or have purposely avoided preventing Udugampola proceeding further in respect of this raid. Therefore, the Commission concludes that to this extent "the Government, the Prime Minister and the Ministers concerned, the then Inspector General of Police Lucky Kodituwakku, his successor T.E. Anandarajah and all other senior Police officers responsible for the illegal act of ASP Udugampola."
"The evidence before this Commission further discloses the fact that Lt. Col. Padmasiri Udugampola, SLCMP, brother of ASP Kulasiri Udugampola, Major General Ivan Dissanayake and Colonel K.H.N. S.S. Dharmaratna, Major A.C.A. de Soysa, SLCMP, Major A.S.P. Podiralahamy, SLCMP, Major K.U. Jayanetti, SLCMP, Major B.M.A.N.S.K. Karunaratne, MIC, Corp, J.H.A.P de Silva, JHAT-MIC, Corp. M.P.A. Pieris, JHAT-MIC, were all aware of the impending raid and have directly and indirectly assisted ASP Kulasiri Udugampola in raiding the Safe House.
"If these officers had any doubts about the Safe House they should have brought it to the notice of the Army Commander and moved the Military Police to investigate. But these officers, without doing so, have conspired with Kulasiri Udugampola to raid this Safe House for their own personal benefits. Moreover, none of these officers have informed Army Commander (Lt. Gen. Lionel Balagalle) or the Director, DMI (Brigadier Kapila Hendavithana) about the raid before the raid."
The Commission also notes that the presence of Retired Deputy Inspector of Defence Lal Ratnayake, Private Secretary to Interior Minister John Amaratunga at the Military Police on the night of the raid on the instructions of the Minister of Interior and the Minister of Interior contacting the Secretary to the Ministry of Mass Communications and the Secretary to the Defence Ministry and ASP Udugampola contacting the Minister of Interior on the telephone leads to the conclusion that due to political patronage ASP Udugampola has behaved as if he was above the law and that he can act the way he wanted to.
The arbitrary action of the police has jeopardized the security of the estate and the Military strategy of the Armed Forces and exposed the personnel engaged in the duties entrusted to them by the Army, concludes the Commission.
"Since this raid 23 operatives and informants have been killed and some have been seriously injures," observed the Commission.
The Solicitor General on behalf of the Attorney General had directed the IGP to take disciplinary action against him. The Commission has also made several recommendations to prevent interference by officials or authorities in the military strategies of the Armed Forces.
Foremost among the Commissions recommendations is a call to depoliticalise the Police and the Army and placing them in the hands of capable men. The Presidential Commission Report also said that the arbitrary action of the police had jeopardized the security of the State and neutralised the Military strategy.
Statement of Elle Gunawansa Thera
In a strongly worded statement to the press the Venerable Elle Gunawansa Thera said, the betrayal of the country’s national army by the Ranil Wickremesinghe government was one of the biggest betrayals of the nation’s history. He said those responsible including Prime Minister Ranil Wickremesinghe should be brought to justice according to the country’s laws. He said the former Minister John Ameratunga and both Udugampola brothers who were at the bottom of it and all other police and army officers connected to it should be punished irrespective of the positions they held.
The Supreme Court Judgement
On 30th of January 2004, The Supreme Court declared the fundamental rights of five officers of the Sri Lanka Army, who were arrested and detained by Superintendent of Police, Kandy K. Udugampola and four of his subordinates, had been violated when the police raided the Army Safe House at Athurugiriya, on January 2, 2002.
The petitioners were S. H. M. Nilam, P. Ananda Udalagama, H. M. Nissanka Herath, I. Edirisinghe Jayamanne and H. Mohamed Hilmy.
The judgement said they had been subjected to inhuman, arbitrary treatment, illegal arrest and illegal detention by Udugampola and his subordinates. The state was directed to pay each petitioner a sum of rupees seven hundred and fifty thousand (Rs. 750,000) as compensation and costs. The first respondent Udugampola, to pay each petitioner, personally a sum of Rs. 50,000/- as compensation. Each petitioner would be entitled to a sum of rupees eight hundred thousand (Rs. 80,000) as compensation and costs. The amount was to be paid within three months.
Udugampola’s subordinates were R. A. P. Dharmaratne, Sub-Inspector of Police, Kandy, M. A. E. Mahendra, Head Quarters Inspector Kandy, Ashoka Ratnaweera, S. S. P. Kandy, M. M. M. B. J. Mohottigedera, OIC Katugastota.
The judgement said that the counsel for the petitioners had submitted that as a result of the conduct of Udugampola, and his subordinates, several patriotic intelligence operators had already been murdered. The covert operation that was being conducted by the petitioners, was exposed, and their lives and those of their families were exposed to the greatest of risk. It was therefore submitted that the petitioners, are entitled to very substantial compensation. The predicament of the petitioners, and the deaths of so many intelligence operators, resulting in irreparable damage to national security, was due to the conduct of Udugampola, and he should be personally responsible for what had taken place, counsel for the petitioners had submitted.
The judgement was delivered by Justice Dr. Shirani Bandaranayake, with the Chief Justice Sarath N. Silva and Justice P. Edussuriya agreeing.
Justice Edussuriya had said, the manner in which Udugampola had acted, without paying any heed to Brigadier Hendawitharna, the Director of Military Inte-lligence and Major Sally, without taking the trouble to ascertain the truth of what they said from their superior, exposing the petitioners to the press and, his subsequent conduct, with utter disregard to the rights of the petitioners, it was apparent that he acted so with some ulterior motive whilst being engaged in this despicable exercise, and his conduct must be condemned in the strongest possible manner.
To put it mildly, it was deplorable Justice P. Edussuriya further said that, in the alternative that is, if he did not act with any ulterior motive then, he has acted like an over enthusiastic blundering schoolboy, and has thereby displayed his incompetence.
The registrar of the court was directed to send a copy of the judgement to the IGP.
Kulasiri Udugampola on compulsory leave
The Police Commission headed by President's Counsel Ranjit Abeysuriya on 10th February 2004 approved the request made by IGP Indra de Silva to send ASP Kulasiri Udugampola on compulsory leave until the completion of the ongoing investigation into the Athurugiriya Millennium City Army safe house raid.
The IGP empahised that if ASP Udugampola was found guilty, he would be charged under the normal law of the land, he would be interdicted and action would be taken according to the law.
The IGP earlier declared that the Army and police personnel found guilty by the Presidential Commission in the Athurugiriya millennium city Army safe house raid would be prosecuted. The IGP said he would be consulting the Attorney General before instituting legal proceedings against the offenders. He said a special police team headed by a Senior Police Officer, had been assigned to commence investigations based on the report released by the Presidential Secretariat.
Arrest of Kulasiri Udugampola
On 23rd of March 2005 Kulasiri Udugampola was arrested by a special police investigation team in Kandy.
Udugampola was on compulsory leave. The Attorney General will indict Udugampola on 20 counts including instituting false charges against former Army Commander Lt. General Lionel Balagalle and several Army officers and wrongful confinement of Army personnel in police custody.
He was taken into custody on the IGP's orders on investigations of Senior SP Asoka Wijetilake who probed the Police raid on the Army safe house at Athurugiriya on January 2, 2002.
The special investigation team commenced investigations eight months ago. They were concluded in December 2004. The Attorney General will file indictment in the High Court of Kandy charging Udugampola for offenses under Section 26(1) of the Official Secrets Act and instituting false charges against Army personnel.
Following his arrest, Udugampola was produced before Kandy Magistrate Harsh Setunga and released on surety bail in a sum of Rs 500,000. He was directed to surrender his passport and ordered not to leave the country without Court permission.
He was also directed to appear before the OIC Kandy Police every Sunday and to appear before the High Court of Kandy on March 29.
The prosecution had listed 70 prosecution witness including the IGP, Army and police officials both in service and those retired.
