The difference between the arrest of Army Commander Richard Udugama in 1966;
and the arrest of Army Commander Sarath Fonseka in 2010
Although 65 percent of our population was not born when the country’s second alleged military conspiracy was staged to overthrow a democratically elected administration, exactly 50 years ago, its 
legacy lingers on.
The uniqueness of the event is that during the trial the prosecution case against Army Commander General Udugama open itself only to expose not only the total lack of evidence on any of the charges in the indictment but pointed overwhelmingly to a situation in which he is made to seem guilty of a crime Udugama has not committed; simply a victim of a politically motivated frame-up.
Drama at Airport: Scotch-and-Soda for the Commander
The BOAC aircraft in which Maj. Gen. returned to island touched down at Katunayake around noon on July 7, 1966. While the aircraft was taxiing to a halt on the tarmac, hovercraft of the Royal Ceylon Air Force flew over the airport. Armed guards, meanwhile, took positions in and around premises.
Air-Commodore Rohan Amarasekara, Chief of the RCyAF met the Army Commander at the tarmac and escorted him, preceded and followed by jeep loads of armed guards to the Air Force Officers Mess.
When Ms. Udugama with two children and a few relatives turned up at the airport nobody would have guessed that a powerful drama was about to begin, in fact they were escorted to Officers’ Mess as well.
At the mess all the details had been carefully worked out. The family members heard the cold message that the Maj. Gen. would not accompany them back home, he would be detained at Welikada, instead.
But by the time the plane was sighted overhead, everybody at the officers’ mess knew what was in store for the Commander. At the mess the three Service Commanders made their way to a room away from that which the Udugama family was waiting. There, he was met by IGP John Attigalle, who served the detention order issued under Emergency Regulations. The Ministry order suspending the 54 -year-old Commander was served on him by a senior officer from the Ministry of Defence.
There was cold tense silence for a few moments… broken by the IGP, who wanted the Major General to accompany him to an attached bathroom, where he was searched. Formalities over, an intensely human next move began.
Udugama was allowed to meet his family. His good-byes done, the family left.
The military and the Police Chiefs stayed behind for half an hour. Conversation was unfocused, a passing diversion of a scotch-and-soda for the Commander, a gin-lime for IGP who later accompanied Udugama to the Magazine Prison, where arrangements went smoothly, the formalities over in a matter of minutes; a historic episode thus ended. The next day a government issued a communiqué on his arrest, stated:
“The Attorney General after examining the evidence and other material…has advised …that there is sufficient evidence to justify Udugama being placed on inquiry with a view to trial along with other suspects… has been taken into….acting on the instructions of Prime Minister, the G-G has suspended Udugama from office w.e.f. July 7, 1966.”
Arrest of General Sarath Fonseka in 2010
However, it is worth here to revive memories of how Gen. Sarath Fonseka was unfairly arrested, the drama 44 years apart worth comparison: the brutal and uncivilised manner the Rajapaksa regime arrested the war-winning General Sarath Fonseka; let me quote from an amazing work of veteran DBS Jeyaraj.-
“ …Suddenly a fresh group of military personnel entered the room. They were led by Major-General Manawaduge, … barked out orders to the military personnel to take hold of Fonseka. At one point he had rasped to hesitating personnel.
“Ai balagana inne. Bellen allaganda” (Why are you just watching and waiting, grasp his throat)…. the soldiers then seized their former commander and tried to pull him out. But Fonseka held on to a table refusing to accompany them. He kept on shouting ‘Let the Police come. I will come then’….
He then ordered soldiers to drag the General (Adagena yande). The soldiers then grasped the hands and legs of Sarath Fonseka and forcibly dragged him along… a handcuffed Fonseka was taken to Navy headquarters.” –[DBSJ Column -DM]
Maj. Gen. Richard Udugama first accused in 1966 coup case
Army Commander, General Wijeyekoon, a man of character was to retire at the age of 55 years; the authorities wanted to grant an extension to him; which he flatly refused saying, Richard Udugama was a fit and proper officer to take over command.
The new head of Army was on an expedition to study military training schools in France, England, Germany, and Switzerland. Director, Criminal Investigation Department visited him in England and had discussions about the allegations against him. (SL Army 50th Anniversary Publication - Pg 182)
The Commander knew that he was to be arrested; he had the option of seeking asylum in any country as there were offers but the bold, just, fearless and upright person, he decided to come back to clear his name. That is the version of the drama as viewed by the compilers of the publication and by some of his relatives who made contributions to newspapers.
He and others accused had a very fair trial at the Supreme Court, end of the trial the Jury was unanimous in declaring them not guilty; SC found them innocent and acquitted all of them without the defence being called, of all charges.
Udugama who gained battle experience while serving with the famous XIV British army in Burma during WWII on secondment from the Ceylon Defence Force was unjustly accused of attempting to topple and take over the government in a coup d’é•tat in 1966.
Udugama, a Trinity Lion [Rugby] who was accused along with a prominent Bikkhu and a totally unimportant and diverse group of low ranked sergeants, hence called ‘bathroom coup’ by the Opposition.
In spite of cruel grilling of suspects causing deaths of two persons at the infamous 4th floor of the Police HQ, the case was notorious for the lack of any acceptable evidence of proof. Dodampe Mudalali, a businessman from Ratnapura, and a soldier who had been in the security ensemble of Maj. Gen. Udugama were the two victims, who had been brutally tortured and physically thrown out of the fourth floor by the investigators.
A Crown Counsel selected by JR to prosecute says:
“J R Jayewardene, as the all-powerful Minister of State, was one of the prime targets of this coup. Equally ironically, JR had his hand deep in making sure this prosecution succeeded. He personally approved the selection of Crown Counsel to prosecute and selected the Police officers to investigate the case. The known brutality of the officer selected to do the initial investigation resulted in two suspects committing suicide to avoid State terror against them. …but this was State terror aimed at those who sought to…” – Wakeley Paul, Barrister - at - Law, Middle Temple, London.
A crown witness named Captain Wignarajah, a Sandhurst-trained soldier became nervous in the witness box confronted by the defence on his evidence, which proved that the statements had been obtained under duress.
It became obvious that JR, the leader of the House in 1966 had been tricked to settle scores for the exposure of the 1962 coup d’é tat which was totally led by scheming and disgruntled serving and retired Army, Navy and Police officers.
Murder by State
Corporal Tilekawardene and Dodampe Mudalali were alleged to have ‘committed suicide’ by jumping from the fourth floor of the CID office at Secretariat Building, while being under interrogation.
The Police informed the inquirer of sudden deaths the suspects had leapt out of the CID Office at about 2.30 am, and that they had succumbed to injuries after admission.
At the inquest, the Magistrate returned a verdict of suicide, but altered the verdict to one of culpable homicide following receipt of fresh evidence.
The CID appeal to the Supreme Court for revision of the verdict was disallowed; but made highly critical comments on the conduct of the inquest.
Sergeant Hondamuni, another suspect giving evidence at the inquest stated that when Dodampe was being questioned, sounds of assault and cries of murder were heard and when he happened to open the door he saw Dodampe Mudalali lying naked on the floor with his face up. He had heard SP Seneviratne saying ‘throw him out’.
Richard Udugama passed away on May 13, 1994 at the age of 84 at his ancestral home in Matale.
Full Military Honours were accorded to his remains at the funeral held at Mahiyawa Cemetery, Kandy.
To quote from an appreciation, “…He won his laurels as Lion at Trinity College, Kandy. He was a Lion in every sense of the word. We often referred to him as “Richard the Lion Heart”. -- Late Brig. S.D.N. Hapugalle VSV .
“We are, therefore, compelled to the conclusion that Rahula Silva’s testimony in regard to the extent of his participation in the interrogation of Dodampe Mudalali was untrue...These unsatisfactory features in the evidence of each of the officers of the interrogating team do not enable us to accept with confidence their evidence as to the reasons for the somersault of the 7th accused who had on more than one earlier occasion been unsuccessfully interrogated.”- [Excerpts from Trial at Bar judgement]
The whole episode was proved to be a Faux Pas; all accused were acquitted; the jury unanimously declared them not guilty.
The government felt uncomfortable having the Army under the command of Udugama, who was a close relative of Bandaranikes and also that several pro-SLFP officials, who received promotions under Sirimavo Bandaranaike in 1960-64, were holding key positions in the Army.
