Detention of Vijaya Kumaratunga at Welikada Prison

In 1982, I was in charge of Welikada prisons. one day, during the latter part of the year, Hr. L.P. Delgoda, Commissioner of Prisons, telephoned at about 12.30 p.m. and told me that he was coming to my office.

When he came, he informed me that Vijaya Kumaratunga, who was classified as a detainee, would be brought, by the Army, to be held at the Welikada prison and was to be kept incommunicado. He was not to be allowed to communicate with other prisoners.

In a prison where there were over 3,000 persons, both convicted and un-convicted, this was a stupendous task. After much discussion Mr. Delgoda and I decided to locate him in ‘S’ Ward, which was situated behind the young offenders’ section. It had been renovated recently. The chief jailor was promptly instructed to get this ward cleaned and ready.

At 2.00 p.m., Mr. Delgoda informed me that the army had brought Vijaya to Prison Headquarters and that he was to be sent to Welikada Prison. By the time Vijaya was brought to the Welikada gate, the news had spread and both the staff at prison headquarters and prisoners had congregated to see this popular, charismatic film idol and politician with a bright future, who was the son-in-law of Madam Sirimavo Bandaranaike. Due to this situation I avoided the normal routine of an admission and instructed the staff to finalise all formalities in the main office.

As the ‘S’ Ward was being cleaned I decided to locate Vijaya temporarily on the floor of ‘H’ Ward and took precautions to keep the doors locked, since he had to be held incommunicado. Felix Perera and Ossie Abeygunasekera were already at the Welikada Prison. At about 4.00 p.m. Felix Perera was transferred to Colombo remand prison. At about 5.30 p.m. when the ‘S’ Ward was ready, Vijaya was taken to this ward.

When I asked him whether he wanted his dinner, he said no. He was somewhat apprehensive to have food served in the prisons. Vijaya was tense when he was brought by the Army, but in the prison he was relaxed.

He told me that he cold not sleep when he was in Army custody and he was disturbed since the Army officers were constantly walking up and down the corridor. Nevertheless, after a few days, I observed that Vijaya was feeling the effects of solitary confinement.

The government dubbed him a Naxalite and issued a special gazette a special Gazette Notification, stating the following conditions of detention.

1. He should be kept incommunicado.

2. All incoming and outgoing letters had to be channeled through the Secretary, Ministry of Defence.

3. Approval had to be sought for visits from the Secretary, Ministry of Defence.

4. Conversation at visits was tape recorded by two officers from the CID.

Such draconian conditions have never been implemented for any prisoner, including Rohana Wijeweera or Kuttimuni.

Even the prisoners sympathised with the plight of Vijaya. Sections 71 and 72 of the Prisons Ordinance and Section 227 of the Prison Rules vest all authority in respect of letters, visits, petitions and all correspondence of prisoners with the Superintendent.

Mrs. Chandika Bandaranaike Kumaratunga was permitted one visit a day. The visit was at 10.00 a.m. and allowed in an enclosure opposite the main office. A jailor supervised the visit and two CID officers, who were present at all visits, tape-recorded the conversation.

Mrs. Kumaratunga was punctual at these visits and brought food for him for the day. Despite the stress, trauma and anxiety, she was going through she bore this predicament with fortitude.

The only other person who visited Vijaya was Madam Sirimavo Dias Bandaranaike. When she came to the Welikada prison, I took her to my office. The first question she asked me was where is Lionel, an old faithful who was in charge of the Training School for Youthful Offenders at Wathupitiwela when Mr. S. W. R. D. Bandaranaike passed away.

Her visit with Vijaya was allowed in my office. She commented on the special conditions under which Vijaya was detained. Nonetheless she said: "You are a government servant, you have to carry out the instructions of the government." Such was the magnanimity of this lady.

Her visit, which was scheduled for 9.00 a.m. commenced half an hour late and this provided an opportunity for her to speak to me on the ethnic issue. Mrs. Bandaranaike, who is very particular in regard to punctuality, admonished both CID officers for getting late.

The press was critical pertaining to facilities for Vijaya at the Welikada prison. There was speculation and insinuations in this respect, which were not correct. I was amused when I read them. As a public servant, I maintained a deafening silence. After about three months detention at the Welikada prison, Vijaya was released, without any charges preferred against him in Court.

The words of an eminent politician that; "the only thing he cannot do, is to make a man a woman or a woman a man," could be aptly applied to the incarceration of Vijaya Kumaratunga.