Antecedents Of July 1983 & The Foundations Of Impunity – Part V

By Rajan Hoole –June 4, 2016 

Dr. Rajan Hoole

Antecedents Of July 1983 & The Foundations Of Impunity – Part V

de Kretzer and Sansoni on the IATR Conference Incident

We now come to the IATR Conference incident of 10th January 1974. Sansoni saw a need to go into this incident because Amirthalingam had testified before Sansoni “that the refusal of the government to appoint a Presidential Commission to inquire into the seven deaths and the conduct of the Police which led to those deaths, was a prime cause of the demand for a separate state.” Sansoni was given a copy of the (unofficial) de Kretzer Commission Report. Both de Kretzer and Manicavasagar had been senior colleagues of Sansoni’s and one can have no doubt about the quality of the work that went into their Report. Although they had written to the Prime Minister, IGP and SP, Jaffna, calling for police witnesses, they were not obliged.

Sansoni said of the de Kretzer Report, “Having read their report, I feel that they have been deprived of the benefit of hearing an essential part of the incidents that took place. On the other hand, I have heard ASP Chandrasekera, who was a very necessary witness…” Sansoni relied on the report of the Magistrate (whom we understand was Mr. Palakidnar) whose findings and verdict he held were ‘unimpeachable’. Sansoni as we shall see inexplicably disregarded testimony painstakingly recorded by the de Kretzer Commission which clearly showed that there were conditions of fear which would have made it impossible for the Magistrate to hold an impartial inquiry. We go through de Kretzer’s and Sansoni’s versions step by step.

Permission to hold the meeting on 10th January

de Kretzer and Sansoni are both agreed that the organisers (represented by V.S. Thurairajah) applied to the Police for a fresh permit (the earlier one having expired on the 9th) for the use of loud speakers as intimated by ASP Chandrasekera with a list of speakers. Janarthanan was not on the list. The Police were concerned that the Tamil Nadu politician Janarthanan should not speak (on orders of DIG van Twest, according to Sansoni). But the two differ on an important point:

de Kretzer: “No permit in writing was issued by the Police; the evidence is that it was a case of gentlemen not finding it necessary to give or demand in writing what was agreed on.”

de Kretzer further says that while steps were being taken to move the proceedings outside Veerasingham Hall, inside the premises, HQI Nanayakkara inquired from Dr. Vithyananthan about the move. The latter explained the circumstances (see Sect. 2.3), and the Inspector told him that ‘it would be all right’.

Sansoni: Sansoni drew his conclusion from the letter applying for the permit signed by V.S. Thurairajah with an endorsement made by ASP Chandrasekera saying that he had issued a loud speaker permit subject to the three conditions mentioned. These were that the meeting would be held only inside Veerasingham Hall using the public address system therein, only those mentioned on the list will speak, and no political or controversial speeches will be made. Sansoni concludes that a permit was issued, whereas the testimony before de Kretzer implies that Chandrasekara’s endorsement was made subsequently, after the incident, to justify the police action.

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