By Merril Gunaratne

Retired Senior DIG

The predicament of those in the highest echelons of defence and police bring to my mind past serious failures, not entirely dissimilar to the massacre on “Easter Sunday” in 2019. Somewhere in the mid 1980s, an LTTE group, led by their Mannar leader Victor Fulgencius ,entered the Anuradhapura sacred city and brutally mowed down a large number of Buddhist pilgrims in broad daylight. The Coordinating Officer of Anuradhapura, SSP of the area and those below them, must have been “deaf and blind”, for they could not have been oblivious to the bursts of gunfire, and the plea of countless witnesses who naturally would have looked upto them for intervention. No positive efforts were made even to stall the retreat of the terrorists after the carnage to Mannar. Nor were inquiries instituted to hold senior army and police officers accountable for their shocking inertia. Likewise in broad daylight, a terror group, the TELO, stormed Chavakachcheri police station and razed it to the ground, killing all police officers in the station. The Coordinating Officer of Palaly, when questioned by the President at the National Security Council meeting following the disaster, stated that in such situations, “each service should look after itself”. The question raised was whether the Army should have engaged in an immediate and timely intervention. Here too no inquiry was initiated to identify accountability for the shocking failures. The “PLOTE” group of Uma Maheswaran came untrammelled up to the Nikaweratiya police station, in the Kurunegala district, attacked it and caused mayhem. No inquiries were held: none were held accountable. In the 1990s, the Katunayake Air Force base was attacked by the LTTE and the JVP, separately, causing death and destruction. None were called upon to shoulder the blame. Again, in the early 90’s, the LTTE ruthlessly killed over 600 police officers in the Ampara sector, because the IGP at the time ordered the fighting officers to surrender on an assurance from political leaders that the LTTE would release them. No Commissions nor inquiries were held in this regard.

There is however an essential difference between these instances and the 2019 Easter Sunday carnage. Ample intelligence from India, backed by a plethora of evidence and reports of dangers from the National Thowheed Jamath [NTJ] stored with the State Intelligence Services [SIS], the CID, and the Terrorist investigation Division [TID], had been in the possession of SIS, well before the disaster took place. Therefore the credibility of intelligence received from India was not in doubt, as also time and space available to adopt schemes to plan arrests and flood the country with optimum security. In such a context, the failure of defence and police officers to evolve plans to nip terror in the bud, differ sharply with previous instances. In previous cases, the security forces were taken by surprise. In the case of the “Easter Sunday” carnage, intelligence was available well in advance, so that ample opportunity was available to forestall terror plans.

THE STATUS OF THE STATE INTELLIGENCE SERVICE (SIS) IN DEFENCE

An aspect that came under scrutiny was whether the Director of the SIS had informed the President about the information received from the Indian counterparts. It may not be inappropriate to deal with two matters which find relevance in seeking to understand what ideally should have been done.

First, the SIS is the premier “Intelligence” service in the country, since it is expected to collect and collate intelligence of the police special branch, the CID and the TID, in addition to their own efforts. It is also responsible to monitor political targets, in addition to those connected with subversion, terrorism and espionage. It also enjoys wiretapping apparatus to enhance its capability.

Second, the Director of the SIS is virtually “primus inter pares” amongst members of the national security council [NSC], when it comes to access to the head of state, and in relation to his vital role of leading deliberations at meetings of the NSC with suitable briefs. Each and every director of the national intelligence service in its long history, will vouch for the veracity of this arrangement. From as far back as 1950’s, even superintendents of police in- charge of national intelligence had far more access to the head of state than the IGP; and the IGP did not often know what the Intelligence head had discussed with the President. The authority of the Director of the SIS therefore at times exceeded that of not only the IGP, but many others in the NSC as well. At the time I was Director of the National Intelligence Bureau, President Jayewardene would see only me before 8.00 am, prior to leaving for Cabinet meetings.

Though in pecking order, the Chief of National Intelligence (CNI) is superior to the Director of the SIS, in actual fact, the latter wields far more authority since all agents and informers are controlled by the SIS. In addition, CNI only plays a supervisory role, while the Director of the SIS is the actual operational head of the intelligence agency.

SUBMISSION OF “SPECIAL”OR “SERIAL” REPORTS BY DIRECTOR SIS TO THE PRESIDENT

Being in a position of such privilege, whenever credible intelligence is received, the Director of the SIS has to take two immediate steps. First, he should immediately, through the shortest possible route, despatch a written, classified report to the President, with copies to the Secretary of Defence and Chief of National Intelligence [CNI]. Traditionally, a special ‘Box’ has been used for such despatch to the President, keys available at both ends to unlock and retrieve reports. The ‘Box’ would impress the president that the document inside was of an urgent nature. Depending on the gravity, nature and the urgency of such intelligence, as with the NTJ of Zahran, the Director may even decide to despatch copies to Secretary to President, IGP and Service Commanders as well. He has to concurrently speak on the telephone to each of the recipients of his report, emphasise the credibility and the grave nature of such intelligence, and also propose that the NSC be convened for discussion without delay. Such a standard arrangement of despatch of reports and telephone calls wherever the intelligence is of a grave and urgent nature, is a precedent in vogue from as far back as 1950s. The role of the SIS is to help the NSC to proact, rather than react. The prototypes of the SIS in the service and the police will play a supportive, rather than a leading role. The Director of SIS therefore can galvanise the National Security Council to act, or “put it to sleep”. There has been no indication from the Easter Sunday Commission findings reported in the media that the Director of SIS had despatched a written, classified report to the President.

FLAWED “INFORMATION” REPORT SENT TO IGP.

The ‘Information report” which the IGP received from the CNI, enclosed a note from the Director of SIS. It referred to the plans of Zahran and the NTJ to commit terror attacks, and suggested that further inquiries should be carried out. This report is “flawed” because it is not an Intelligence report. If the Intelligence received was credible (in this instance it obviously was), the report should have been in two parts. In the first part, the piece of information should have been reflected. The second part titled “Assessment or Analysis” is the far more important one, where the Director , harnessing his knowledge of the reliability of the source of information, along with his acquaintance of the background and history of the NTJ available in the subject and personal files stored in the SIS registry, should have stated with conviction that the information was not only reliable, but should be discussed as early as possible, and plans evolved to nip the threat in the bud without delay. A question that arises is whether the report of the Director sans an assessment was adequate to galvanise his superiors to ponder about the gravity of the piece of intelligence received. Even though flawed, the recipients yet had material in the report to discuss and plan on an urgent basis. Of course, a proper intelligence report may possibly have woken them up from slumber. In short, the report or note of the director of the SIS was not exactly an Intelligence report in the classic context. Adrian Weale in his book, “The Army of Evil” said, “Broadly speaking, intelligence is information that is gathered and analysed before informing decisions. Without the crucial analysis step …it is of no-value”

DEFENCE AND POLICE OFFICIALS TREATING THE INFORMATION WITH LEVITY

It had been unfortunate that senior officials such as the Defence Secretary, Chief of National Intelligence, Director of the SIS, the IGP and his deputies had acted in an amateurish fashion. They were not minions who should have been inactive, amidst such serious information, simply because the President was out of the country. If Defence Secretary , goaded and galvanised by Director of National Intelligence, summoned members of the NSC for discussion, many salutary proposals leading to an effective security plan may have emerged. The Defence Secretary was empowered on his own to summon members of the N.S.C. for discussion at any time. His “inertia” baffles imagination. In an overall context, none of those who received the somewhat “flawed” information in their enclaves considered it prudent to at least ‘put their heads together’ and discuss what should have been done.

ACCESS TO SENSITIVE RECORDS IN THE REGISTRY OF THE SIS.

The SIS, by virtue of being the national intelligence agency, is responsible, apart from ferreting intelligence through it’s own network of agents and informers, to collect and collate all overt and covert information from the CID, the Terrorist Investigation Division (TID), and even from intelligence channels in the armed forces. The comprehensive records that they thereby accumulate, are stored in “subject” and “personal” files in respect of each subversive or terrorist target they monitor. These records are suitably classified ‘secret’ or ‘confidential’ so that only those authorised to see them can have access to such records.

The Director of the SIS, apart from the submission of ‘single piece’ intelligence reports to the Head of State, the Defence Secretary and possibly some other members of the National Security Council, also had to periodically compile periodic reports, based on the comprehensive records stored in respect of a particular target in the registry. Each such report will make a mature analysis of the activities and growth of the target, alert the government to their ramifications and sinister designs, and offer salutary proposals to nip or stall their activities. Such periodic reports are described as ‘special’ or ‘basic’ reports, and are invariably classified secret. This discipline too has been in vogue for a very long time. Such reports help the government to monitor, review and proact against terror threats periodically.

In view of the fact that omissions and lapses of the SIS leading to the massacre of innocents were under scrutiny by the presidential Commission the records in the Registry of the SIS could have been made available to the Commission to assist the probe. Terror groups like the National Thowheed Jamat (NTJ) are extremely clandestine when they plant their underground network in the silent, ‘preparatory’ phase. This is a phase where terrorists are extremely elusive because of their obsession with stealth and secrecy. The activities of this preparatory phase can be discerned only through agents and informers, so that the SIS alone will have records which police, the CID and TID would not possess. The latter are predominantly investigators’ of acts after their occurrence. It is the SIS which should have good intelligence about external and internal links of the NTJ, their financiers, safe houses, military or weapons training etc. This is the kind of intelligence which helps the SIS to submit comprehensive, periodic “special” reports to the government.

Perhaps, the Commission could have been authorised access to the periodic reports and files of the SIS in respect of the NTJ. Such classified material would have been valuable in the quest for the roots and ramifications of the NTJ. Most of the witnesses who appeared before the Commission for evidence may not have possessed the type knowledge of the NTJ and its ramifications which only SIS officers would have possessed.

The SIS usually seeks to protect the identity of their officers as well as their records, for risk of exposure. Such safeguards may be necessary in normal circumstances. However, the carnage and massacre on Easter Sunday in 2019 due mainly to inadequacies of those in Defence and Police echelons, had led to a high level probe by a Presidential Commission, and evoked considerable public concern and interest. The entire tragedy has been in the public domain. It may therefore have been unreasonable if the records of the SIS had been withheld from the probe.