Tigers
crack Mike mystery after Safe House blunder
From June to December 2001, the six month period ahead of the last
Parliamentary General Elections, was most hectic for men from the
Long Range Reconnaissance Patrols (LRRPs).
The
men from the Army's Directorate of Military Intelligence (DMI),
operating in Batticaloa and Amparai, had attacked several targets
within Tiger guerrilla dominated areas in the two districts. As
one leader after another fell victim, fear had gripped the guerrilla
leadership.
It
rose to fever pitch levels after Karikalan, the Political Wing leader
for Batticaloa, escaped an LRRP attack on October 18, 2001. So much
so, the "Military Commander" for the East, "Colonel"
Karuna and his senior colleagues did not attend that year's "Maveerar"
(Great Heroes) Week ceremonies in the Batticaloa district in November.
This most observed event in guerrilla dominated areas marks religious
observances in memory of guerrilla cadres who died in the separatist
war with Security Forces. It culminates with the annual address
(on November 27) by Velupillai Prabhakaran, leader of the Liberation
Tigers of Tamil Eelam (LTTE).
There
was one man who was responsible for all the panic. His name was
a closely guarded secret. Only the head of the LRRP team, Captain
S.H. Mohamed Nilam dealt with him. He knew the man only as Mike.
It was Mike who in turn liaised with a network of operatives as
well as informants, including one time guerrilla cadres, in the
Batticaloa and Amparai districts. He liaised with the LRRP team.
Together they had set off the worst fear psychosis and panic.
Soon
after the General Elections, on January 2, 2002, a Police team led
by then SP (Special Operations) in the Kandy district, Kulasiri
Udugampola, conducted a raid on the DMI's Safe House in the Millennium
City in Athurugiriya. It was made out be a hide out from which the
country's military leaders planned to assassinate leaders of the
United National Party (UNP) that won the elections and formed a
United National Front (UNF) Government.
There
was a massive media blitz over the matter. There was a public outcry
that some top men in men in uniform, under the guise of fighting
the Tiger guerrillas, were in fact plotting to eliminate UNP leaders.
This was after the military hardware discovered at the Safe House
was displayed to the media from the Cinnamon Gardens Police Station.
Captain Nilam and his men, the LRRP team, were transported under
Police guard and placed in remand cells of the Kandy Police together
with common criminal suspects.
They
had been arrested as terrorist suspects. Detention Orders against
them had been obtained under the Prevention of Terrorism Act (PTA),
the tough laws promulgated to deal with Tiger guerrillas. The men
were incarcerated as their investigators readied to put them on
trial for plotting to murder political leaders.
But
revelations in The Sunday Times (Situation Report - January 6, 2002)
put paid to all their efforts. Headlined "How a 'top State
secret' became public," the report said "….a more
shocking blow came when Police conducted a raid last Wednesday night
on a Safe House at Athurugiriya, operated by the Directorate of
Military Intelligence, to conduct counter terrorist operations.
Assisting in the raid were men from the Army's Military Police…"
The
report added: "That the Army leadership pre-occupied with their
own problems, was unable to prevent a serious breach of national
security when this happened, could not avoid a dangerous situation
developing and allowed the LTTE to get to know state secrets, to
say the least, is most damning.
"The
greatest irony of all this is the fact that an officer and five
men are now detained under the Prevention of Terrorism Act and are
being interrogated by a Police team led by SP Kulasiri Udugampola.
Until last night, they are all being held at a secret location in
Kandy. All of them are in one room and have to tolerate the ignominy
of a stinking toilet whilst they answer questions from their interrogators.
"These
very men were at the forefront of the fight against terrorism. The
Sunday Times has learnt since the Police raid, their arrest and
the resultant publicity, the LTTE has come to know details of some
matters that have remained a top secret for security reasons….."
One
man who was closely watching these developments in the guerrilla
dominated Wanni was LTTE's intelligence boss, Pottu Amman. The man
who plotted the assassination of late Indian Prime Minister, Rajiv
Gandhi, ordered his intelligence cadres to crack down on operatives
and informants helping the DMI. That included not only those who
were suspected to be in contact with the Army, but all those civilians
in the "border" areas who had continued to help carry
out attacks. Later on, Pottu Amman travelled to Batticaloa to personally
over see the "elimination" of all those who were "collaborating"
with the Army.
On
January 16, 2002 guerrilla intelligence cadres launched a secret
operation in the Batticaloa town. They abducted V. Vidyarathan.
He was taken to a hideout in the guerrilla dominated Kokkadicholai
area. He was subjected to torture and intense interrogation for
four days. The man cracked under heavy pressure and pain. He confessed
he was Mike and had been helping Captain Nilam and his LRRP team.
He was shot dead on January 20.
It
saw the beginning of a campaign of arrest, interrogate and kill.
On February 10, Lance Corporal "Clarry" was abducted in
a secret operation in Chenkalady in Batticaloa. Soon, details of
how agent Mike worked with Captain Nilam began to unfold. LTTE Intelligence
cadres and pistol gangs fanned out from Batticaloa to mount surveillance
on the names of the operatives and informants that had emerged.
Similar exercises were also carried out in Batticaloa and Amparai
districts.
A
stepped up campaign to unfurl the network of DMI operatives helping
in LRRP operations had been launched. The Sunday Times today reveals
(see box story) the names of civilian informants and operatives
directly connected to the Safe House activity who were killed after
its existence came to be known. Besides them, guerrillas also came
down hard on other suspected informants of Police and other services
during the crackdown.
By
July, 2002, Tiger guerrillas had obtained a fuller picture of the
LRRP operations and how they were conducted with the help of Mike.
On July 3, 2002 guerrilla cadres abducted Lance Corporal Saundrarajan,
a key operative who had taken part in an abortive attack on "Jim
Kelly," an LTTE cadre. He had also taken part in the attack
on guerrilla area leader Babu on September 17, 2001 and the abortive
attempt on Karikalan. He had also later taken part in the ambush
and attack on two other guerrillas, Swarnaseelan and Devadas on
November 26, 2001.
By
December, 2002, guerrilla intelligence cadres had tracked down some
of those assisting the LRRP and were moved from the East to Colombo.
On December 11, 2002, the first informant, Ganesha Moorthy alias
Thilakaraj was shot dead by a pistol group. This was followed by
the murder on January 3, 2003, of Lance Corporal Pulendrarasa. He
was an operative who had worked closely with Mike. Another close
associate of Mike, Kadirgamathamby Ragupathi alias Ragu was shot
dead on March 18, 2003.
Neither
the Security Forces nor the Police were able to launch any cordon
and search operations to track down the Tiger guerrilla intelligence
operatives or the pistol gangs. They had not only infiltrated the
City but were operating with impunity. The UNF Government did not
to want to order any crackdown on their activity for fear that the
Ceasefire Agreement with the LTTE would be affected.
The
guerrillas continued their witch hunt. On April 2, 2003, Sinnathambi
Ranjan alias Varadan, who worked closely with Mike was shot dead.
On April 26 of the same year, Lance Corporal Devarasa, an operative
who took part in LRRP operations and worked closely with Mike was
shot dead. He had left a military camp where he was living for reasons
of security to visit his family in Dehiwala when the incident occurred.
In
the wake of these killings, requests made by state intelligence
agencies to senior officials in the then Ministry of Defence and
the Ministry of Interior to launch a comprehensive "search
and clear" operation in the City were not heeded. This was
after intelligence reports that guerrillas had increased their Safe
Houses and smuggled in more military hardware into them.
A
guerrilla pistol gang, who had conducted surveillance and kept following
Lance Corporal Paramanthan Ravindrakumar trapped him at a City intersection.
They poured six bullets into his body on July 15, 2003, wounding
him seriously. He survived after surgery and was moved to a safe
location thereafter.
It
is in the backdrop of all these developments that the controversy
of the Army Safe House in the Millennium City at Athurugiriya had
continued for more than two years. At first UNF politicians denied
the existence of such a Safe House. They insisted that the revelations
of activities at the Safe House did not lead to any killing of operatives
or informants - a claim which is proved wrong as details on this
page today show.
Soon
after The Sunday Times revelations that the Safe House was in fact
part of the DMI's counter terrorist operations, then Defence Minister,
Tilak Marapana, directed Army Commander, Lt. Gen. Lionel Balagalle
to appoint a Court of Inquiry. This Court of Inquiry concluded that
the activities of the Safe House were legitimate and all military
hardware found therein was obtained after proper procedures were
followed.
This
led to Prime Minister, Ranil Wickremasinghe, ordering (through then
Defence Secretary, Austin Fernando), that another Court of Inquiry
be appointed to probe how information about the existence and activity
at the Safe House were leaked. This was with the intention of meting
out punishment to those found responsible for such leaks or related
activity. Though the Court brought out its findings, no such punishment
was meted out by the Army leadership. The UNF now wants to probe
this aspect too through a Parliamentary Select Committee.
Amidst
public controversy and rising number of incidents in the killing
of operatives as well as informants, President Chandrika Bandarnaike
Kumaratunga appointed a Commission of Inquiry to probe the Safe
House fiasco. It was headed by retired Appeal Court Judge D. Jayawickrema.
The
Commission held that the raid was a "total betrayal and absolute
treachery to the nation." In other words, this ruling meant
that besides compromising national security interests, by conducting
the raid, those directly responsible had engaged in an act that
amounted to treachery. Needless to say such acts are serious in
nature compared to other misdemeanours for which those in the Security
Forces or Police are punished. The Commission report listed the
names of those responsible for the omissions and commissions in
the Army and the Police.
In
seeking to punish those in the Army, President Kumaratunga sought
advice from the leadership. That was from the very leadership that
had not acted on the earlier Courts of Inquiry. Now, the punishment
meted out has raised a serious controversy and raised questions
whether they were commensurate, fair and just with the lapses reported
to have been committed.
The
senior most officer in the Army to be dealt with by the Commander,
Lt. Gen. Lionel Balagalle, is the Adjutant General, Maj. Gen. Ivan
Dassanayake.
He
has been called upon to retire from service on March 31, this year
- three months ahead of the date (June 30) when he would reach his
mandatory maximum period of three years as a Major General. If an
extension of service until his 55th birthday on December 16, was
not allowed Maj. Gen. Dassanayake would have to retire. In such
an event, in any cause, he could opt to go on leave preparatory
to retirement on March 31.
Maj.
Gen. Dassanayake has strongly denied any improper involvement in
the Safe House fiasco. He has told so to Lt. Gen. Balagalle and
is said to be seeking legal recourse against this action. He feels
that punishment has been meted out to him without his being called
upon to show cause.
Compounding
the situation further is another development. In a move that appeared
to be an afterthought, early this week Lt. Gen. Balagalle wrote
to Maj. Gen. Dassanayake informing him that he had been relieved
of his responsibilities as both Colonel Commandant of the Sri Lanka
Corps Military Police (SLCMP) and as Adjutant General. He had just
been attached to Army Headquarters.
Here
is a hilarious situation - a Major General has been told to retire
on March 31 after Lt. Gen. Balagalle's own recommendation to President
Kumaratunga. Yet the Army Commander does not want him to serve in
the posts allotted to him until the date of that retirement. He
is merely attached to Army Headquarters. What is he expected to
do? Is it not to while away his time. Is this a punishment? Such
action seems unprecedented in the Army.
Questions
have also arisen about why only some officers and men on whom strictures
have been made by the Presidential Commission were punished whilst
others were allowed to go completely free. Here again, the question
is whether it was prudent to have asked the Army leadership to recommend
punishment on those against whom strictures have been made by the
Presidential Commission of Inquiry.
If
there was a failure to include recommendations on punishment as
a term of reference of the Commission, highly placed military sources
told The Sunday Times it would have been better for President Kumaratunga
to have used her prerogative as Commander in Chief and ordered on
the course of action. This is particularly in view of the failure
of the Army high command to act on the recommendations of the Courts
of Inquiry and also in view of allegations of serious partiality.
The fact that there have been various pressure moves to avoid punishment
being meted out on some is no secret.
The
punishments, which no doubt arose from the Commission's findings
that those concerned have committed acts amounting to treachery,
were fixed to take effect not immediately. They were decided upon
weeks earlier, but January 30 was fixed as the effective date. The
move is in marked contrast to prompt punishment meted out to officers
or men accused of murder, rape or other acts of misconduct. But
in a case where a Presidential Commission has held that the lapses
amounted to treachery, advance notice has been issued on those concerned.
Must one say anything more about how things have become comical
in the defence establishment where there seems to be little or no
control now?
The
hilarious chapter on Army action is now over. President Kumaratunga
also wrote to Police Chief, Indra de Silva, about action on former
SP (and now ASP) Kulasiri Udugampola, who conducted the raid and
others in the Police who assisted him. He has already set up a special
team. (See box story).
In
the meanwhile, the Supreme Court, the nation's highest judicial
body, has ruled that the fundamental rights of Captain Nilam and
his LRRP team, were violated by Mr Udugampola. He has been ordered
to pay within three months a sum of Rs 50,000 each to five of the
LRRP operatives. The State has been ordered to pay Rs 750,000 each
for them.
Only
the outcome of the Police probe now remains. The curtain thus falls
on the Athurugirya Safe House episode, at least until such time
the Parliamentary Select Committee begins its own probe. From the
developments so far, the action taken by those responsible seem
to raise more questions than they answer. Whether they would find
a chapter in the Guinness Book of Records or a humorous corner in
Sri Lanka's military history remains the question.
The
LRRP men who paid the ultimate price
The Sunday Times today reveals details of intelligence operatives
and civilian informants who were closely associated with LRRP operatives
by the Directorate of Military Intelligence.
They were all tracked down and assassinated by Tiger guerrillas
after the existence of the Safe House became public.
January
20, 2002
V. Vidyarnthan alias Vidya alias Nidhi -
Informant - Abducted on January 16, 2002 and killed on January 20,
2002.
February
09, 2002
Clary alias Gadaffi
Ex- guerrilla cadre - abducted from Chenkallady town and killed.
July
22, 2002
Saundarajah A alias Arinjan
Ex-guerrilla cadre - abducted from Batticaloa town on July 3 and
killed at Vakarai.
December
11, 2002
Ganeshmoorthy alias Thilakarajah Samithambi
Informant - killed by LTTE gun-men in Colombo.
January
03, 2003
Pulendrarasa alias Cashier
Ex-guerrilla cadre - abducted in Kallady and killed.
March
18, 2003
Kadiragamthambi Ragupathi alias Ragu
Informant - killed by the LTTE gun-men in Colombo.
April
13, 2003
Sinnathambi Rajan alias Varadan
Informant - to be enlisted to the Army shot dead by the LTTE pistol
group in Colombo.
April
26, 2003
Devarajha L. alias Ashok
Ex- LTTE cadre - killed in Colombo.
May
21, 2003
Kumar Perumal Perimban alias Master
Ex-PLOTE cadre - killed in Batticaloa town.
Besides the above, among intelligence operatives, soldiers, para
military troops who were not connected to LRRP operations but were
killed after the Safe House activities came to be known were:
August
14, 2002
Kanapathipillai Devadas
Tamil soldier - abducted and killed.
December
02, 2002
Aseesh SM
Soldier - abducted and killed.
April
23, 2003
Sidambarapilai Yashodaran
Tamil soldier - abducted and killed.
May
19, 2003
Sooriyan K
Tamil soldier - killed in Batticaloa.
August
03, 2003
LT Rilvan
Police Sergeant - abducted and killed in Trincomalee.
August
08, 2003
Vivekanada Sammugarasa SP
Tamil soldier - abducted and killed.
September
14, 2003
Saundanayagam Sabarathnam
Tamil soldier - killed in Palameenmadu.
Among civilian informants (not connected with LRRP operations) but
killed after activities of the Safe House came to be known were:
March
11, 2002
Pulendrarajha - abducted and killed in Muttur.
July
06, 2002
Thangarajha Premadasa alias Varuman - killed with his mistress in
Welikanda.
March
20, 2003
Nagoorkanee Ashish - abducted and killed.
April
13, 2003
Subramaniyam Jayadewan - killed in Batticaloa.
April
23, 2003
Sellaiya Puvendrarasa - killed in Thunnalai.
May
16, 2003
Ariyanandan Hemachandran - Killed in Jaffna.
July
17, 2003
Abdul Bahir Fauzi - Killed in Uppuveli.
August
30, 2003
Sebamalai Vimalkumaran - killed in Vavuniya.
Erambamurthi Sabanayagam - Abducted in Matale and killed in Batticaloa.
Police
Chief taking action
Police Chief, Indra de Silva, has set up a team headed
by a Senior Superintendent of Police to conduct investigations against
Policemen on whom strictures have been made by the Presidential
Commission of Inquiry over the Athurugiriya Safe House fiasco.
The
team is to question former SP (and now ASP) Kulasiri Udugampola
who conducted the raid. Also to be questioned are a one time senior
Police official, a DIG, two SSPs and a number of Police officers.
This
Police probe is a sequel to the findings of the Presidential Commission
of Inquiry that probed the Safe House raid. It was headed by retired
Appeal Court judge, D. Jayawickrema. President Kumaratunga had asked
the IGP to take follow up action.
According
to highly placed sources, the outcome of this inquiry will determine
both Departmental and legal action against those in the Police Department
(both serving and retired) who have been named in the Commission
report. These sources said such action will be determined after
the team's report is handed over to Police Chief, de Silva. This
is to be done in consultation with both the police Commission and
the Attorney General's Department.
These
sources admitted that earlier Police Chief de Silva had forwarded
the Presidential Commission report to the Police Commission and
asked them to take action. This was on the basis that it was the
Police Commission that was empowered to take disciplinary action
against Policemen. However, the Commission had pointed out that
it was not empowered to act on the Commission's recommendation and
called upon the Police to first conduct their own probe.
Meanwhile
The Sunday Times learns that Police Chief de Silva recommended to
the Police Commission that ASP Udugampola be sent on compulsory
leave. This follows last Thursday's Supreme Court ruling that he
violated the fundamental rights of the LRRP team that operated from
the Safe House at Athurugiriya. The team was led by Captain S.H.
Mohamed Nilam.
Ranjit
Abeysuriya, Chairman of the Police Commission told The Sunday Times
"I have received the recommendations. The matter is under consideration."
He said, "There was a problem earlier, but that does not arise
now since there is a Supreme Court ruling on the matter."
A
three judge bench of the Supreme Court comprising Chief Justice
Sarath N. de Silva and comprising Shirani A. Bandaranayake and P.
Edussuriya, unanimously held that the fundamental rights of Captain
Nilam and four of his colleagues were violated.
In
an additional observation to the judgement, Justice Edussuriya,
who referred to the conduct of ASP Udugampola noted that "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." |