The prelate and the premier: Why Buddharakkitha Thera got S.W.R.D. Bandaranaike murdered

S.W.R.D. Bandaranaike

Sri Lanka’s newly elected President Anura Kumara Dissanayake has appointed Dr. Harini Amarasuriya as his Prime Minister. The academic turned politico is Sri Lanka’s third woman Prime Minister. The first woman PM of the island nation was Sirimavo Bandaranaike. Sirimavo shattered a global glass ceiling in 1960 by becoming the world’s first woman Prime Minister. Her daughter Chandrika Kumaratunga became the second woman PM in 1994. Subsequently she too made history as Sri Lanka’s first woman President.

As is well known, Sirimavo and Chandrika were the wife and daughter of former Prime Minister Solomon West Ridgeway Dias Bandaranaike (SWRDB) respectively. Prime Minister Bandaranaike was killed in 1959. He died on 26 September 1959. SWRDB was born on 8 January 1899. As such this year marks the 125th birth and 65th death anniversaries of Bandaranaike.

It is against this backdrop that this column focuses on S.W.R.D. Bandaranaike this week. I have written extensively about S.W.R.D. Bandaranaike and matters concerning his assassination in the past. In this article I intend re-visiting – with the aid of my earlier writings – the circumstances regarding his murder and consequential prosecution and conviction of those responsible for his killing. Particular emphasis will be laid on the chief conspirator Mapitigama Buddharakkitha Thera, the lone assassin Talduwe Somarama Thero, the motives behind the murder and related legal proceedings.

65 years ago on 25 September 1959 S.W.R.D. Bandaranaike the then Prime Minister of Ceylon (as Sri Lanka was known then) was shot and seriously wounded by a Buddhist monk named Ven. Talduwe Somarama Thero. Prime Minister Bandaranaike succumbed to his injuries the following day. The fourth Prime Minister of Independent Ceylon/Sri Lanka passed away on 26 September 1959 exactly 22 hours after he had been shot.

The official bulletin issued after his death stated as follows: “The condition of the Prime Minister suddenly took a turn for the worse at about 7 a.m. There was a sudden alteration of the action of the heart and his condition deteriorated very rapidly. He passed off peacefully about 8 ‘O’ clock.” It was signed by Dr. P.R. Anthonis, Dr. T.D.H. Perera and Dr. M.J.A. Sandrasagara. Subsequently a verdict of homicide was recorded by the then City Coroner J.N.C. Tiruchelvam, at the inquest. He stated: “Death was due to shock and haemorrhage resulting from multiple injuries to the thoracic and abdominal organs.”

The Inspector General of Police at the time of Bandaranaike’s assassination was the respected civil servant Walter F. Abeykoon who was SWRDB’s personal friend and partner at bridge. IGP Abeykoon took a very personal interest in probing the assassination of Bandaranaike. The then DIG-CID, David C.T. Pate was in charge of the intensive police investigation. Other senior officials involved were Supdt of Police Rajasooriya, Asst Supdt of Police SSIK Iyer and Inspectors of Police S. Abeywardena, A.M. Seneviratne and Tyrell Goonetilleke. Detectives from Scotland Yard in Britain were brought down to assist the Ceylon Police in the investigations.

Talduwe Somarama Thero

As news of the investigation into the killing was published in the newspapers a wide range of conspiracy theories started floating. They gathered momentum with suspects being arrested and detained. There was much interest focused on the sole assassin Ven Talduwe Somarama Thero. 

Somarama’s name at birth was Talduwe Ratugama Rallage Weris Singho. He was born on 27 August 1915 to Ratugama Rallage Dieris Appuhamy and Iso Hamy. Weris Singho was educated at the Talduwe Ihala School and in Dehiowita. He donned the yellow robes on 20 January 1929 at the age of 14. Somarama was ordained in Kandy on 25 June 1936 at the age of 21. In later years he qualified as an Ayurvedic physician specialising in eye ailments. He was a visiting lecturer at the College of Indigenous Medicine in Borella while residing at the Amara Vihare in Kotte.

The important question however was the reason for the assassination. Why did Talduwe Somarama assassinate the Prime Minister? Who were the people who conspired to kill Bandaranaike?

Mapitigama Buddharakkitha Thera

As investigations progressed the finger of guilt began pointing towards the charismatic Buddhist prelate Ven. Mapitigama Buddharakkitha Thera who was the Viharadhipathy or chief incumbent of the historic Kelaniya Raja Maha Vihara.

The prelate’s influence was mainly due to his politics. He was the founder and secretary of the Eksath Bhikku Peramuna (United Bhikku Front) representing politicised sections of the Buddhist clergy. The Bhikku Front played a crucial role in mobilising support for the Mahajana Eksath Peramuna (Peoples United Front) during the 1956 elections and enthroning Bandaranaike as Prime Minister.

Contrary to tenets of the “Vinaya”, Buddharakkitha Thera dabbled discreetly in commerce and had large sums of money at his disposal. The powerful priest had spent over Rs. 15,000 personally for the MEP election campaign (a huge sum those days). His clout therefore was massive with the Government and the monk was in a sense the Rasputin or Richelieu of Sri Lanka.

Buddharakkitha Thero made strong attempts to control S.WR.D. Bandaranaike and transform him into a puppet but the aristocratic Oxonian though beleaguered would not give in totally to Buddharakkitha’s diktat. Irritated by this the “kingmaker” priest now decided to remove Bandaranaike altogether. The flash-point causing this change of mind was not race, class or ideology. It was sordid commerce and a sense of personal affront.

Three issues

Three issues rankled. One was the Prime Minister’s refusal to hand over a lucrative shipping contract to a company named Colombo Shipping Lines that was co-founded by Buddharakkitha in the name of his associate Hemachandra Piyasena Jayawardena to import rice on behalf of the Govt. Food Department from Burma (Myanmar) and Thailand. The company had been floated under the guidance of a former director of Ceylon Shipping Lines Ltd. Major R. Baptist.

The second was over a sugar manufacturing licence to start a sugar factory costing many crores of rupees. SWRD acting on the advice of the then Agriculture and Food Minister Philip Gunewardena and the Trade and Commerce Minister R.G. Senanayake had refused to give the shipping contract to the company resulting in great financial loss to Buddharakitha and his front-man Jayawardena. The sugar manufacturing license was also denied by the PM on the advice of the two ministers.

The third was an issue of a personal nature. Vimala Wijewardene was the only woman minister in the Bandaranaike cabinet. She was earlier the Health Minister and later Minister of Local Government and Housing. A vicious gossip campaign was underway maligning Vimala Wijewardene together with Buddharakitha Thera. Scurrilous leaflets were printed and distributed widely. When Vimala complained to Bandaranaike the Prime Minister refused to take any action.

According to a speech made in Parliament on 30 October 1959 by the then Matale MP Nimal Karunatillake, Vimala Wijewardene and Buddharakkitha Thero had approached Bandaranaike and demanded that the PM should take action against the suspected pamphleteers. SWRD had treated the demand lightly and dismissed it with the response ‘Vimala after all aren’t some of these things true? Buddharakitha was furious.

Unwitting instrument

Thus Buddharakkitha Thero along with a clique conspired to assassinate Bandaranaike. Their unwitting instrument was Talduwe Somarama Thera, who was an ardent Sinhala Buddhist nationalist. Being highly emotional Somarama was easily manipulated by Buddharakkitha who convinced him into believing that the PM was a traitor to the country, race and religion and therefore should be eliminated. Somarama was a mere cat’s paw.

According to a confession made by Somarama Thero, Buddharakkitha Thero accompanied by HP Jayawardena had visited him at the Kotte Amara Vihare in August 1959. He had been critical of S.W.R.D. Bandaranaike who was allegedly betraying the country, the race and the religion. If this situation is not corrected “there would be no place for us in this land, nor would there be a place for Sinhala people, their religion or their language” Buddharakkitha told Somarama.

Buddharakkitha said that Bandaranaike had to be killed in order to save the country, race and religion. “If you do this we shall ensure that you will not be in custody for more than two or three weeks,” Somarama was told. When the Bhikku agreed to kill Bandaranaike, both departed and later gave him a pistol belonging to the infamous Ossie Corea. Thereafter W.A. Newton Perera a Police inspector attached to the Colpetty Police took Somarama to Muthurajawela a few times and taught him how to shoot. Somarama Thero’s incriminating confession (which he retracted later) enabled the Police to make some important arrests.

In a sensational development the all-powerful Mapitigama Buddharakkitha Thero was arrested on 20 October 1959. Vimala was arrested on 21 November. In fairness to Vimala Wijewardena it must be noted that her innocence was ultimately proved and she was cleared by courts of complicity in the crime.

Seven persons indicted

After several weeks of intensive investigation the Police were ready to go to courts. On 26 November 1959 – exactly two months after Bandaranaike’s death – seven persons were indicted in the chief magistrate’s court of Colombo on a charge of conspiring to murder S.W.RD. Bandaranaike. They were –

1. Mapitigama Buddharakkitha Thero

2.Hemachandra Piyasena Jayawardena

3.Pallihakarage Anura de Silva

4.Talduwe Somarama Thero

5.Weerasooriya Arachchige Newton Perera

6.Vimala Wijewardene

7. Amerasinghe Arachchige Carolis Amerasinghe

In addition to the conspiracy charge, Somarama Thero the fourth accused was also charged with commitment of murder. Incidentally, Somarama Thero had confessed to committing the murder in his statements to the Police and also to the chief magistrate. However he changed his position later at the Supreme Court trial. 

Within a short time the seventh accused AAC Amerasinghe (Kolonnawa urban councillor) received a conditional pardon in terms of section 283 of the Criminal Procedure Code and thereafter became a witness for the prosecution.

Non-summary proceedings began and after a long magisterial inquiry, the sixth accused Vimala Wijewardene was cleared of all charges of conspiracy and deemed innocent of any complicity. She was discharged on 15 July 1960. 

The Magisterial Inquiry under Colombo Chief Magistrate N.A. de S. Wijesekara went on for 124 days with 193 witnesses testifying. The Chief Magistrate committed the first five accused to stand trial before Supreme Court on charges of conspiracy and murder.

Supreme Court trial

The Supreme Court trial began against the five accused on 22 February 1961 before Justice T.S. Fernando QC OBE. The foreman of the seven member English speaking jury was D.W.L. Lieversz Snr. The others were J.A. Bocks, D.J.C. Fernando, G.B.L. Jayaratne, S. Ratnam, T.E. Jansz and L.D.G. de Silva. 97 witnesses testified and were cross examined. The Solicitor-General AC Alles along with deputy solicitor-general ACM Ameer conducted the case on behalf of the prosecution with senior crown counsels R.S. Wanasundara and R.I. Obeyesekera assisting.

The first accused Buddharakitha Thero and second accused Jayawardena were able to retain a reputed British Queens counsel, Phineas Quass to defend them. The third accused Anura de Silva’s lawyer was Kenneth Shinya who was assisted by K. Ratnaesar. The fourth accused Somarama Thero was defended by Lucian G. Weeramantry who appeared free of charge for the Bhikku. N. Satyendra son of eminent Queens counsel S. Nadesan appeared for the fifth accused Newton Perera. Satyendra was assisted by A. Mahesan.

After the legal eagles concluded their submissions, the judge began his charge to the jury on 5 May 1961. The lengthy summing-up went to 458 pages of typescript. Within five days the Jury returned its verdict. The trial concluded on 12 May 1961 after 55 days of hearing. The proceedings were well publicised and extensively reported in the media.

The third accused Anura de Silva was acquitted with the jury voting unanimously in his favour. The fifth accused Newton Perera was acquitted on a divided verdict with five voting in favour of the accused and two against. The Jury found the first accused Buddharakkitha Thero, second accused HP Jayewardena and fourth accused Somarama Thero guilty by a unanimous verdict.

Death sentence was pronounced on all three of them. All three faced death by hanging. During the trial Somarama had stopped wearing the yellow robes when appearing in Courts. This led to Justice Fernando observing that Somarama “had a streak of conscience as he did not attend court in his saffron robes.”

Terrible vindictiveness

It may be recalled that a dying Bandaranaike had urged compassion be shown to his killer. Contrary to his wishes the SLFP regimes in power under both Dahanayake (1959-60 March) and Sirima Bandaranaike (1960 July – 1965) displayed a terrible vindictiveness rather than bestowing clemency upon the condemned.

When S.W.R.D. Bandaranaike was Prime Minister his Government had passed the suspension of Capital Punishment Act No. 20 of 1958. This led to the death penalty being suspended from 9 May 1958. In the aftermath of Bandaranaike’s assassination the Dahanayake government revised its stance hastily. Within a week a gazette extraordinary proclamation dated 2 October 1959 re-introduced the death penalty. This was to impose maximum punishment on those responsible for the assassination.

Thereafter new legislation was introduced. The Capital Punishment (Repeal) Act was passed after speedy debate in Parliament. It became law on 7 December 1959. An obnoxious feature was the new law’s retrospective effect. It was crystal clear that the intention was to inflict the death penalty on those responsible for the earlier assassination of 26 September.

Legal loophole

However even the best laid plans of men and mice turn awry. Though all three convicted persons would have had to face the death penalty there was a legal loophole that helped Buddharakkitha and Jayewardena.

Before the suspension of capital punishment act was passed even those guilty of murder and a murder conspiracy had to face death as punishment. But section 2 of the suspension act ensured that capital punishment not be imposed for the murder offence and conspiracy for the commission of murder. The punishment was reduced to a maximum of life imprisonment.

In its haste to repeal the suspension act and re-impose the death penalty with retrospective effect the Dahanayake regime had made a slip. While the repeal act specifically provided for sentence of death for a person convicted for murder committed prior to 2 December 1959 there was no similar provision made specifically for the offence of conspiracy to commit murder.

All three convicted persons Buddharakitha Thero, Somarama Thero and HP Jayawardena appealed against their death sentence to the then Court of Criminal Appeal. The five Judge bench presided over by then Chief Justice Hema H. Basnayake comprised – Justices MC Sansoni, HNG Fernando, N. Sinnetamby and L.B. de Silva.

It was argued on behalf of Buddharakkitha and Jayawardena that the maximum punishment for the offence of conspiring to commit murder was rigorous imprisonment for life. E.G. Wickremanayake Q.C. submitted that the Act which re-introduced the death penalty for murder did not in specific terms re-introduce such penalty for conspiracy to commit murder. The Criminal Appeal court concurred with the submission. The appeal of all three were dismissed but courts amended the sentences imposed on Buddharakkitha and Jayewardena from death to rigorous life imprisonment. Thus both of them were saved from the gallows due to this legal loophole.

Unforgivingly ruthless

An SLFP government led by Bandaranaike’s widow was now in office. The SLFP government was unforgivingly ruthless. Angered by the Appeal Court decision the Government decided to go ahead and enact special legislation.

On 18 January 1962 the Parliament’s order paper carried notice of presentation of the capital punishment (Special provisions) bill. It was presented by CP de Silva the leader of the House. The bill dealt specifically with the Bandaranaike assassination and made express provision for execution of those convicted for murder and conspiracy to murder the former premier. Clause 3 of the bill rendered null and void the Appeal Court’s decision to alter death sentence to life imprisonment for those guilty of conspiracy.

The malevolent nature of the bill evoked loud protests and outcry. It was obvious that a vengeful government was planning to condemn to the gallows persons who benefited from a legal loophole. LSSP leader and eminent lawyer Dr. Colvin R. de Silva summed up the bill by observing that the “barbarous bill amounted to murder by statute”.

Appalled by the adverse reaction and widespread opposition the Government simply withdrew the bill on 25 January on the pretext that an appeal to the Privy Council was in progress. On 27 January 1962 the country was shocked by news of an abortive coup d’etat. With that the focus on the Bandaranaike assassination shifted.

Privy Council

Meanwhile all three convicted persons resorted to have their verdicts reversed by the Judicial Committee of the Privy Council in the UK. 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. Sir Dingle Foot QC, appeared on an honorary basis for Ven. Somarama, at the final appeal before the Judicial Committee of the Privy Council.

Talduwe Somarama Thero prepared himself to face death. He thanked in open court his counsel Weeramanthri who appeared free for him “I thank my counsel who defended me at this trial like a true lion” said Somarama. Weeks before his execution Somarama was converted to Christianity and was baptised in his cell by an Anglican Priest. He was hanged in the Welikade gallows on 6 July 1962 at the age of 48. The hanging was undertaken by State executioner Lewis Singho and his assistant Subatheris Appu.

The Dudley Senanayake Government of 1965-70 on 7 May 1966 commuted the life imprisonment sentences of the 1st and 2nd accused to 20 years.However the 1st accused Mapitigama Buddharakkitha Thero died in 1967 of a heart ailment aged 46 years after having served time at Welikada prison for 7 1/2 years of his sentence. The then Deputy Commissioner of Prisons R.J.N. Jordan told the media that Buddharakkitha Thero ruined his health by constant overeating.

The 2nd accused Hemachandra Piyasena Jayawardena served 17 1/2 years of his sentence. On 6 April 1972 the Justice Ministry under the Sirimavo Bandaranaike Government issued a directive under emergency regulations that prisoners who were given sentences of over 10 years and had served five years could be released. This was to mark Ceylon becoming the republic Sri Lanka on 22 May 1972. However H.P. Jayawardena was among the “unlucky” few denied freedom by the SLFP dominated Government. Ultimately HP Jayawardena was released on 4 August 1977, a fortnight after the UNP led by J.R. Jayewardene swept the polls on 21 July 1977.

(The writer can be reached at [email protected].)