Connect with us

Features

Sir John takes over, cabinet meeting at N’Eliya and the EL Senanayake election case

Published

on

Standing L to R – B. P. Peiris, C. W. W. Kannangara, Sir Kanthiah Valthiyanathan, Montague Jayawickrama, M. D. H. Jayawardene, E. B. Wickramanayake, N. H. Keerthiratne, Shirley Corea Seated L to R - M. D. Banda, A. Ratnayake, J. R Jayawardene, Sir John Kotelawala, E. A. Nugawela, Dr M. C. M. Kaleel, P.B. Bulankulame Dissawa

(Excerpted from Memoirs of a Cabinet Secretary by BP Peiris)

The first meeting of the new Cabinet placed on record its appreciation of the services rendered to the country by Mr Dudley Senanayake. Sir Kanthiah Vaithianathan, who had resigned his post as Permanent Secretary to the Ministry of Defence and External Affairs, took over the Portfolio of Housing and Social Services.

Sir John was spending a few days in December 1953 at his official residence, The Lodge, Nuwara Eliya. More out of mischief than on grounds of urgency, he summoned the Cabinet to meet at The Lodge on December 31. On the New Year Day following, A. G. Ranasinha, the Secretary, was to receive the honour of knighthood, and I, the O.B.E., and we found the arrangement very inconvenient, but had to obey orders and attend the meeting.

We accordingly travelled to Nanu Oya by the night train on the 30th with office peons and Cabinet security boxes. On reaching our destination early next morning at about six, we found Police cars waiting for us on Sir John’s instructions. On our reaching The Lodge, the cook, Periasamy, was there to greet us, again on Sir John’s orders, with egg hoppers and fish curry, which was most welcome. Sir John was asleep but had given his orders with military precision.

We soon got ready and the meeting started rather early at about 9 a.m. At 11 a.m. drinks were served. Every possible brand of liquor was laid out on a side table, and we were asked to help ourselves. At 1 p.m. there was a short adjournment for lunch, preceded by a few more drinks. An excellent lunch, of mulligatawny, yellow rice and chicken curry was provided by the cook. The meeting terminated early afternoon and we had to while away the time till 5 p.m., when Lord Soulbury had invited us to tea.

Some Ministers preferred to walk on the well-trimmed lawns. Sir John, Bulankulame Dissawa, M. D. Banda, and I were in the sitting room, warming ourselves by the fire when Sir John asked me, “I say, Peiris, aren’t you getting something tomorrow?” The recommendation for the honour is made by the Prime Minister, but the letter inquiring whether I would accept the honour comes from Queen’s House marked ‘Top Secret’.

I therefore replied “I know nothing about it, Sir”, and Sir John told the other Ministers “Look at this chap; I recommend him for the honour and he thinks it is a Cabinet secret and wants to hide it from me. Anyway, I’ll be at your house at 7 p.m. Don’t give lime juice.”

We took the night train back, travelling to Nanu Oya again in Police cars. It was a bit of a rush because the Mayor, Mr Vijayaratnasingham, had a cocktail party in our honour and Ranasinha and I were worried that we would miss our train. Sir John had seen to it that baskets of flowers were put into our cars. True to his word, the Pilot car preceding the Prime Minister’s car turned in at my gate sharp at seven the next evening. He had two whiskeys and was off to be in time at the next place because mine was not the only house of ‘honours’ men he visited that evening.

He was surprised when I asked him in French whether to sing him a French song. He said “Oui, oui, oui” and asked who was going to play. I sat at the piano and, with Sir John standing by me with his glass in his hand, sang a naughty song which Maurice Chevalier used to sing at the Moulin Rouge in Paris in the early thirties, and the words of which no one but Sir John understood. When I was getting to the end of the chorus, he whispered in my ear “Sing the chorus again.” The first line of the chorus was “Dites moi, ma mere, dites moi ma mere pourquoi less chiens daps les rues se months dessous”.

One of the first major questions which the Prime Minister asked his Cabinet to consider was that of bribery and corruption. He was determined, if possible, to stamp this moral stain out of public life. A new law was drafted to be in operation in the first instance for 18 months and to be applicable to public servants only. Charges were to be investigated by the Criminal Investigation Department and the tribunal hearing the charges was to consist of judges or retired judges.

Power was also taken to make the new law applicable, if necessary, to the findings of a Commission appointed to investigate allegations of bribery and corruption against a Senator or Member of Parliament, and it was agreed that any fee or reward paid or given to a Senator or Member of Parliament to appear for any person before a public officer other than a judicial or quasi-judicial officer should be deemed to be a bribe. The Bill was passed into law as Act No. II of 1954, and has been amended more than once to vest additional powers in the Bribery Commissioner.

E. B. Wikramanayake, Q. C. now joined the Cabinet as Minister of Justice. He was a man of few words and did not believe in wasting his time or anyone else’s. In the course of a discussion, he made his point in the fewest possible words.

In December 1953, the Governor-General was informed that Her Majesty the Queen intended to visit Ceylon. The Cabinet considered this communication and agreed that Her Majesty should be invited to open the next Session of Parliament. The Queens’ Speech, which I was asked to make as short as possible, was approved by the Cabinet and an advance copy sent to the Palace.

On the day of Her Majesty’s arrival in Colombo, I found five lines of traffic opposite my house on the Havelock Road moving, from two in the morning, towards the city. The streets were decorated and thronged with people, rich and poor, to welcome the Royal visitors. The weather was more than kind; it was a scorching sun, and the Queen, who rode with His Royal Highness Prince )Philip in an open car had a parasol for protection.

I watched the procession from a vantage point in the Dutch Burgher Union in Bullers Road. Persons were perched on the roofs of the houses opposite. ‘The welcome accorded to the Royal couple was rousing as well as spontaneous. The impression that I had was first, that the welcome was a natural gesture of loyalty, and secondly, that, with our own monarchical background, our people just cannot resist Royalty and the pageantry that is associated with that institution.

I wonder how many persons noticed the Constitutional aspect of the Royal visit. Her Majesty was Queen of Ceylon, and, though not domiciled here, she was temporarily resident in one of Her Dominions. As such, during Her residence here, the person she had appointed to represent Her in the Island, Lord Soulbury, officially ceased to exist. The Governor-General could not have assented to a Bill nor could he have exercised the Royal prerogative of pardon. The office of the Governor-General was, for the time being, in abeyance. That is the reason for Lord Soulbury’s absence at the Opening of Parliament. In effect, he “took himself away” and stayed in the background.

Her Majesty opened the Third Session of the Second Parliament on April 12, 1954, and read Her Speech in English in a clear voice. Naturally, she could not be asked to comply, as Sir Oliver Goonetilleke did a few years later, with the requirements of our Official Language Act. At the next Cabinet meeting Ministers Vaithianathan and Natesan referred to the fact that, at the presentation of the Addresses, the speeches had been made in English and Sinhala but not in Tamil. They stated that this had caused uneasiness among the Tamil community.

I think the two Tamil Ministers, when they used the word “uneasiness”, exercised the utmost restraint in the use of language and refrained, with great dignity, in giving vent, not only to their own feelings, but to the feelings of the entire Tamil community. To make matters worse, the Prime Minister assured the Cabinet that the omission of a Speech in Tamil was accidental and not intentional, and promised to make a public statement to that effect. Really, I ask, to whom was the Prime Minister talking? To two of the intellectual Ministers in his Cabinet; and was he talking with his tongue in his cheek? Incidents like this though quickly forgotten by the Sinhalese, remain long in the memories of the minority communities as utterly insulting and unnecessary pinpricks inflicted on purpose.

On Her birthday, April 21, Her Majesty held an Investiture at Queen’s House at which A. G. Ranasinha was knighted and I was invested with the insignia of the O.B.E. A Throne had been placed on the dais for the Queen but had to be hurriedly removed a few minutes before Her Majesty’s arrival because, in England, it is customary for the Sovereign to stand throughout an Investiture. His Royal Highness stood one foot behind the Queen throughout the ceremony and looked thoroughly bored.

Immediately after the Investiture, a group photograph was taken of Her Majesty and Her Ceylon Cabinet. The seats were all arranged. The Prime Minister would naturally sit on the Queen’s right. Sir Oliver Goonetilleke wanted to sit on Her Majesty’s left but Minister J. R. Jayewardene insisted that the setting should be according to the Order of Precedence and that he should be on the Queen’s left. By his sojourn abroad, Sir Oliver had come down in the Precedence Table and, in that historic photograph, would have had to stand in the second row if one of the Ministers had not fallen ill and his place taken by an acting Minister.

It is for this reason that Sir Oliver is seen seated, not next to the Queen, but in the last chair. Was it not Pope who said that every man has just as much vanity as he wants understanding? When this squabble about seating had been settled, the Aide-de-Camp was informed that the Ministers were ready. Her Majesty arrived and took her seat. She was so dignified that the photographer did not dare to tell Her to smile or put her left foot forward; but a beautiful photograph was the result. At the end of the ceremony, Sir John, on behalf of the Cabinet, presented Her Majesty with a silver tray as a birthday present.

It was at about this time that my daughter Kamala, to the family and friends known as ‘Binkie’, married the man of her choice, Dr Cecil D. Chelliah, a specialist in the diseases of the chest. As I said before, her Kundasale training had turned out a plain living, high thinking, sensible and efficient woman. D. S. Senanayake was right in his forecast about the girls turned out at Kundasale. The doctor had music in him, and it was music that brought the couple together. In view of this strong community of interests, which was a firmer basis for sound marriage than good looks, a sports car or a tweed suit, my wife and I readily gave our consent.

He was a Tamil and a Christian; but I had no difficulty in coming to a decision as my education had been completely free of any racial or religious bias and hypocrisy. They have two very musically-minded children, Ranjan and Priyantha, whom I prefer to call “Mr Jones” and “Mr Shaw” respectively. Grandpa has had some lovely musical evenings in his retirement with son-in-law, daughter, Jones and Shaw, showing their prowess, jointly and severally, at their different instruments.

Ministers, like women, are entitled to change their minds and their opinions, but on one thing Sir John was firm and never once wavered. He laid it down that, so long as he was in charge of administration of this country, no person would be employed in the public service who was a communist or who belonged to a revolutionary party.

A rather unusual Bill was now considered and later passed into law. The Government Parliamentary Group had passed a resolution regarding the delimitation of electoral districts for Parliamentary elections. Under the first Delimitation Commission, the number of electoral districts for the Island sent ninety-five members to the House of Representatives. Together with the six Appointed members, the total membership of the House was one hundred and one.

A new Commission had been appointed, as required by the Consti tution. Following the 1953 census, which gave the Ceylon population as 8,098,637, giving approximately every 75,000 of the popultion a seat as laid down in the Constitution, the total membership the House, including the Appointed members, would have been of 139. There had been considerable public opinion that the Constitution should be amended so as to limit the number of members.

It was suggested that the total number of sea should be about 108, and it was proposed create three of four additional special seats for Indians and Pakistanis. Sir John accordingly proposed to the Cabinet that the scheme’ adopted. If adopted, it involved an amendment to the Constitution which would require a two-thirds majority in the House of Representatives to pass it into law. The Bill which he submitted was to in force for 10 years and would enable the Government to discharge its obligations under the Indo-Ceylon pact. The proposed legisla- tion would have conferred on persons registered as Citizens of Ceylon under the Indian and Pakistani Residents (Citizenship) Act, a privilege which was not conferred on persons of other communities, namely, separate parliamentary representation for 10 years.

It would also have made persons so registered as Citizens of Ceylon, liable to a disability to which persons of other communities were not made liable, namely, the exclusion of their names for 10 years from the general parliamentary register of elections. The Bill fixed the to number of members of the House of Representatives for all time at 108. The Ceylon Constitution (Amendment) 1 was passed in 1954, limiting the membership of the House. An Act for the creation of a special Indian and Pakistani Electorate was a passed the same year. Nothing came of either of these Acts. The question whether the Acts were valid under section 29 of the Constitution is now academic as both Acts were repealed in 1959.

Soon thereafter, followed another unusual piece of legislation. E. L. Senanayake was elected Member for Kandy in the House of Rep resentatives, but was unseated on an election petition, and the Prime Minister made the following statement in the House of Representatives on February 5, 1954:

“I wish to inform the House that the Member for Kandy has been granted leave to appeal to the Privy Council from the decision of the Supreme Court of Ceylon. The following telegram has been sent by the Crown Solicitors:

“Senanayake special leave granted reserving leave to Attorney-General or respondent to challenge jurisdiction on hearing of appeal stop Board represented appeal should be heard as soon as possible stop Meanwhile most undesirable that certificate should be published or other steps taken consequent upon the declaration before appeal.”

The Government proposed to take steps to avoid unnecessary legal complications in the event of the appeal of the member for Kandy being allowed by the Privy Council. They intended to introduce legislation suspending an Order of the Supreme Court under the Ceylon (Parliamentary Election) Order in Council, pending an appeal to the Privy Council. Meanwhile, the Governor-General had been advised that he should withhold action under the Order in Council, pending the introduction of the Bill. There is no provision of law under which His Excellency is empowered to suspend the steps to be taken under the Order in Council. He was required by law to fix a date for the by-election.

Draft legislation was submitted designed to meet Senanayake’s case. The Bill proposed that where an appeal is taken to the Privy Council, the operation of an Order of the Supreme Court under the Elections Order in Council should be suspended till the decision of the Privy Council in that behalf is known. The legislation was to have retrospective effect to cover the Supreme Court judgment in the Senanayake case.

On advice, the Governor-General suspended action under the Order in Council and did not authorize the holding of a by-election. His action was to be legalized by the proposed legislation. He was to be indemnified against all civil and criminal liability ‘in respect of the noncompliance of the provisions of the Order in Council which required him to order the holding of a fresh election.

Senanayake lost his appeal in the Privy Council and continued to remain out of Parliament. This sort of ad hoc legislation to suit particular persons in most unfortunate. Retrospective legislation is particularly obnoxious and is viewed by the courts with suspicion, but the courts are bound by the laws passed by Parliament.



Features

America at 250: Most unfitting President, Biggest World Cup Tournament

Published

on

Messi and Yamal to face each other in Sunday’s World Cup Final

The world’s oldest constitutional democracy turned 250 on the Fourth of July, two weeks ago. It is a rather quirky coincidence that in the 250th year of its largely successful existence, America should be having as its president the most unfitting person in history, and that in keeping with the American trait for mixing serious purposes with fun and play, it should also be hosting perhaps the largest edition of the World Cup Football Tournament. The triple coincidence – the anniversary, Trump presidency and the World Cup – is not without some meaning.

The essence of the Trump presidency has been to recast America in the mould of Trump’s own vulgar and outlandish presuppositions about who belongs in America and what the rest of the world owes to America. Internal exclusions and external isolation have always been a part of American history, but Trump’s project has been to make them America’s sole and permanent purpose. Make America great again by making it more intolerant and more imperfect, as opposed to pursuing the country’s founding purpose of striving towards a “more perfect union.”

Trump is also giving a new meaning to America’s exceptional isolationism by slashing immigration, deporting American residents whom he and his Maga cabal don’t like for the vilest of reasons, withdrawing from global agencies that America created and closing down American agencies providing global services, imposing tariffs on every country and deeming them as payment for America’s past generosity under weak presidents, and threatening neighbours with annexation while militarily attacking others.

2007: Lionel Messi holding baby Lamine Yamal

He got his nose bloodied after listening to Netanyahu and starting a fight with Iran, made a fool of himself by first announcing that he will provide safe passage to ships through the Strait of Hormuz and charge them 20% of their cargo value, and immediately withdrawing it after being told that it was a lamebrained and impractical idea. The Iranian Foreign Minister tweeted that it is a good approach but 20% is too high! The reality is that Iran has effectively closed the strait again, after Trump said his ceasefire with Iran is over, and there is nothing the might of America can do about it – thanks solely to Trump.

The world, not to mention America, are back to where it was soon after February 28. And Trump is back to February 28, with more attacks on Iran while telling Israel to keep out of it and hoping that Iran will soon come to the table. The Iranian regime is insisting that it is Trump and not Iran who will have to blink first again. For the rest of the world and the people of America, fuel and fertilizer prices are again rising along with the prices of goods and services that depend on them.

Meanwhile, the Fourth of July marking America’s 250th Anniversary of American independence has come and gone. Every year, Americans cheer and celebrate the Fourth of July as a civic festival in their local communities. Families take their children to Washington, Philadelphia, Gettysburg and other historical sites to learn and appreciate their history. The state hardly gets involved and there are no military parades or flights of fighter jets. Trump changed it last year by holding a military parade in Washington but it did not excite anyone. The army had to go to extraordinary lengths to protect the city roads from cracking up while parading its massive tanks. This year Trump’s efforts to turn the 250th anniversary celebration into a personal vanity affair spectacularly backfired and what was becoming a national damp squib. Not so ironically, it was rescued by the 2026 World Cup tournament that began on Thursday, June 11 and will end on Sunday, July 19.

World Cup Down to the Wire

The 23rd FIFA World Cup hosted by America, Mexico and Canada with matches played in 16 cities – 11 in the US, three in Mexico and two in Canada – became a significant occasion for the US. It provided an antidote to Trump’s vain and unsuccessful usurpation of the country’s 250th anniversary, even as it became an occasion to show the world that there is still much more likeable about America in spite of all the ugly MAGA makeover that Trump has been giving it from the White House.

What is unique about America is that it is the first and the only immigrant country to become a superpower in world history. An open door country with a melting pot ethos, America has consistently struggled at every stage of its evolution to defy the homogeneity of the privileged, and to celebrate across-the-board heterogeneity in every aspect of the human condition. If the purpose of Trump’s presidency has been to break this arc of American history, the World Cup became an occasion to demonstrate that the arc will continue in spite of Trump.

The World Cup was an eye opener to both resident Americans and visiting football worshippers. Except for the Olympics sporting events, competitive sports in America are dominated by (American) Football, Baseball, Basketball and (Ice) Hockey, and the competitions are all limited to American teams along with some Canadian teams especially in Hockey. The extent of any international connection is limited to allowing players from Central America and Japan for Baseball, and from Canada and Eastern Europe for Hockey. In other words, American notions of exclusivity and self-sufficiency seamlessly extend to the world of sports from the universe of politics and economics.

The arrival of the World Cup, 32 years after America hosted its first and only World Cup in 1994, was an eye opener to American sports fans and the general public. This was international sports at their doorstep and an occasion to live through the experience of witnessing the world’s best exponents of the game fiercely displaying their talents in friendly competitions. The visiting fans who thronged the games brought life and diversity and retail spin offs to the cities where the games were played. The visitors to a person, both players and fans, were enthralled by the magnificence of America’s sporting facilities and the range of amusement and entertainment the host cities offered.

The tournament also became a smorgasbord of different nationalisms from around the world but manifesting pride and passion in support of national football teams and not boastful belligerence about national militaries. The teams were also more equal on the pitch than their governments are at the UN podium. The better teams of the day won in the end but every team made each game as competitive as it could. Small countries from West Asia, Africa and little Atlantic islands went boot-to-boot with European and South American giants and kept everyone guessing until the final whistle. The really big Asian countries – China, India, Indonesia etc. – could not qualify for admission, while Asia’s two industrial giants – Japan and South Korea – acquitted themselves well even though they were unlucky not to go beyond the group stage.

The team that America fielded should not have been allowed to represent the country based on Trump’s executive negation of all DEI (Diversity, Equity and Inclusion) programs in government and in federal hiring. But it did and the US team would have made the 1960s promoters of cross-racial ‘rainbow’ alliances proud. Similar rainbow teams have become the norm of almost all West European countries and England.

Players of colour have become superstars in western football teams and have quite clearly internalized natal nationalism as opposed to being assimilated by them. They are all descendants of birthright citizens of the old empires, a legal tradition that is more universal and anterior to the abolition of slavery and the 14th Amendment in the US, as Chief Justice John Roberts reminded the Trump Administration in overturning its executive order to end the recognition of birthright citizenship in America. A practice that is shared by three dozen countries.

The US Team at the World Cup began as a promising outfit playing with flair and freewheeling style and could have gone as far as the Quarter Finals to play Spain. The team was undone prematurely by Trump’s sleazy intervention with FIFA bosses to suspend the Red Card penalty ban of a US player, Folarin Balogun, for a foul he had committed in an earlier match. Trump’s role and the penalty suspension created a public uproar and in the upshot an inspired Belgium trounced the US whose players performed very poorly perhaps under the weight of the embarrassment that their President had inflicted on them.

The World Cup tournament itself is now down to the final match, the 104th of the tournament, on Sunday, July 19th, between the reigning World Cup champions, Argentina, and Spain, the current Euro Cup holders. The match for the Third Place will be played on Saturday (July 18), between France who lost 0-2 to Spain in a surprisingly one-sided game, and England who went down in a heartbreaking 1-2 defeat to Argentina after leading 1-0 up till five minutes before the final whistle.

The French were the tournament’s cracking team till they came up against Spain who had been belabouring until then. The English team had bestirred all of England back home with their gritty win against Mexico in its national stadium full of 85,000 spectators, but once again came up short in the penultimate game.

The final between Argentina and Spain will feature the 39 year old Argentinian maestro, Lionel Messi, looking to win his second World Cup, and the 19 year old Spanish prodigy, Lamine Yamal. The football internet is abuzz with a 2007 photograph showing then 20 year old Messi carrying Yamal as an infant during a photo session in Barcelona, Spain, where Messi played club football. On Sunday, in New York/New Jersey, they will face each other in a spirited encounter for the biggest prize in sports.

by Rajan Philips

Continue Reading

Features

Two memorable excerpts from a former SLAF commander’s memoir

Published

on

Prime Minister Magaret Thatcher at opening of the Victoria dam. President Jayewardene, Mahaweli Minister Gamini Dissanayake and Finance Minister Ronnie de Mel are also in the picture

These two excerpts from the forthcoming book, To Survive As One Nation, One People by Air Chief Marshal Oliver Ranasinghe. A Retired Commander of the Sri Lanka Airforce makes interesting reading. The first is of a sudden demand on the SLAF for emergency air support for the besieged Jaffna Fort when the only available helicopters were being prepared for a VVIP flight for UK PM Margaret Thatcher and her husband, Mark.

The second deals with ferying PM Rajiv Gandhi and his wife Sonia to Katunayake after a naval rating had hit Gandhi with a rifle butt.

In April 1985, the UK’s first female prime minister visited Sri Lanka to ceremonially declare open the Victoria Dam and Power Station built with aid under the patronage of Queen Elizabeth II. The completion of the project was a significant milestone for the Accelerated Mahaweli Development Programme, with the power station having an installed capacity of 210 MW. Two helicopters were stationed at Air Force Headquarters premises to fly the VVIPs at 6:30 a.m. on 12 April to Victoria Dam. I was Commanding Officer of the Helicopter Wing and assigned to fly Prime Minister Margaret Thatcher and her husband.

However, at around noon on the day before the flight, I got a desperate call from the Joint Operations Command (JOC) requesting that 250 troops be airlifted to the Jaffna Fort immediately, since “hot intelligence” had informed that the enemy had planned to attack the fort that night.

I did not have any helis in the Wing as all had been deployed throughout the North and East. The only other two serviceable helis were in the VVIP security cordon, standing by to fly Prime Minister Thatcher and the other VVIPs the next morning. According to VVIP flying procedures, the helis are kept for 48 hours before the flight within a security cordon which is well-guarded by guards and air dogs. No one is allowed to go witin the security cordon without the Commanding Officer’s approval.

I had to take a quick decision about whether to drop the troops using the two helis from the cordon and run the risk of having no heli to fly Prime Minister Thatcher the next morning. The alternative was to say “No,” to the Army and take the risk of losing hundreds of soldiers at the front, facing a humiliating defeat, loss of prestige, morale and losing the Jaffna Fort, which was the Army’s pride.

If the latter happened, our conscience would be inconsolable even today. When we were fighting the battle, we were one unit: Army, Navy, Air Force and Police. The Air Force was always there. We never said no. So, I took the decision to fly immediately to Jaffna to carry out the task using the two VVIP helis. I was taking a huge risk, jeopardizing my career in the Air Force, by disregarding the standing orders and removing the two helis from the VVIP cordon.

By 1:00 p.m., we took off from Katunayake for Jaffna, using the two VVIP helis without Air Force Headquarters approval. I was captaining one heli with Flight Lieutenant Lasantha Waidyaratne as my co-pilot. (He was the pilot who, a long time later on, landed a heli at Jaffna Fort in the impossible task code-named Operation Eagle.) Flight Lieutenant Tennyson Gunawardena was flying the other heli as captain. I had to fly as we did not have any pilots to spare.

From the Palaly airport, we flew with twenty-two passengers without seats, keeping within the maximum all-up weight, and headed into the Jaffna Fort, approaching with the wind and not headwind as usual, avoiding enemy guns.

By 5:30 p.m., Tennyson called me on the receiver transmitter unit and said, “Sir, it is raining heavily in Katunayake, and we have to go in bad weather in the night back to Katunayake. So can I leave now?” I said, “Okay,” and ensured the heli was made ready for the VVIP the next morning. In the meantime, I kept flying the balance troops.

I did not get down at all from the heli and refuelling, too, was done whilst I was sitting in the pilot’s seat. The Brigadier-in-Charge in Jaffna came up to the heli very late in the evening and told me that, if I couldn’t drop all troops that night, to do the balance first thing in the morning. I said, “No, I will drop all tonight as I have to fly back to Katunayake for a very important task.”

We dropped all 250 troops into the Jaffna Fort and, after refuelling at Palaly, left at around 10:00 p.m. to fly back to Katunayake. However, we got caught to heavy rain on the stretch from North of Mannar to Katunayake. The weather was so bad that we had to request radar assistance to steer to Katunayake. However, I decided to disregard radar advice and told my co-pilot to follow the coastline, just to be clear of obstacles such as high-tension wires. Helicopters do not fly in rainy weather, let alone bad weather, and definitely not at night, but we had no choice.

Lasantha, my co-pilot, swears that he has not done a bad weather flight of that nature, either before or since, in his flying career. In fact, he says that he matured as a pilot during the last hours of that flight!

At around midnight, we landed at Katunayake where the crew was ready to take the heli and clean it to VVIP standard, which they did throughout the night. I was relieved and happy that I could return to Katunayake the same night.

The next morning, we positioned the two helis by 6:30 a.m. at Air Force Headquarters premises to fly the VVIP. Prime Minister Margaret Thatcher and her husband, Mr.Denis Thatcher, had a safe and comfortable flight to Victoria and back. In fact, Mrs.Thatcher was fast asleep when we touched down in Colombo!

As the Commanding Officer of the No.4 Helicopter Squadron, I risked my life and career because I did not want the Jaffna Fort to fall into the enemy’s hands and lose Army lives. Also, I did not want to let down the VVIP and spoil the image of the Sri Lanka Air Force. If anything had gone wrong, obviously I would have been “thrown” in the sea. I believe such life and death situations reveal the inborn/emerging leadership potential of individuals.

This excerpt deals with flying Prime Minister Rajiv Gandhi and his wife, Sonia, to Katunayake after a naval rating on ab honour guard struck Gandhi with rifle butt.

In July 1987, I was out of the Helicopter Squadron and serving as Base Commander—Anuradhapura. The Commander of the Air Force called me one day and asked me whether I was still current on helis, and I said, “Yes.” He said, “I am sending a Bell 214 for you to do some flying training.” The next day, the heli arrived at Anuradhapura, and I got back into swing doing some flying training.

After two days, I was told to come to Katunayake to do a flight. I was told that I had to fly the visiting Indian Prime Minister, Rajiv Gandhi, from the Bandaranaike International Airport (BIA) to Galle Face and back. He was coming to sign the much-talked about “peace accord.” The Indian Prime Minister arrived at the BIA, and he was ferried to the Galle Face green, from where he was taken in a motorcade to President’s House to sign the Indo-Lanka Peace Accord.

Without taking much time, the motorcade returned to the Galle Face green. There was no panic. Rajiv Gandhi was smiling, but Sonia Gandhi helped Rajiv get in first, to the inner seat of the helicopter, and Sonia sat next to the window. If not for that, everything was normal.

I started up, switched on the VHF radio and contacted the Air Force Operations Room for take-off clearance. They told me that at the Navy’s Guard of Honour parade, there had been an incident targeting Rajiv Gandhi. That played havoc in my mind. I had to think that whoever planned and failed would have a “plan B,” and that would be to target the helicopter. Then I realized that, if so, both Rajiv Gandhi’s life and mine would be destroyed by “plan B.” That was my thinking. I had to save this VVIP, our state visitor. To do that, I had to make decisions on my own.

There was no one to tell me what to do. So, I took off in the most unexpected direction and avoided the usual route and followed a different route to BIA, whilst all the time being alert. Coming over BIA, I disregarded the usual approach procedure to the surprise of the Air Traffic Controllers and approached from the wrong direction and landed, but not in the designated landing place, to avoid a possible sniper or RPG attack.

The VVIP got off and walked away to the awaiting Indian Air Force aircraft. That relieved me of the tension of delivering the “precious cargo” in one piece.

(The book is distributed by the Vijitha Yapa Bookshop)

Continue Reading

Business

‘Giving up was never an option’: The fisherman  who fought back after losing millions in SL

Published

on

Seamax factory at Dickowita Harbour

 Spanish Israeli entrepreneur Simon Max Astandoust, a fourth-generation member of the renowned Astan fishing family, has endured years of legal battles, business setbacks and the loss of millions of dollars after investing in Sri Lanka’s fishing industry. Yet, despite the challenges, he has chosen to stay and rebuild.

 In an interview with the Sunday Island, the founder and CEO of Seamax Ceylon (Pvt) Ltd speaks about his struggle, the restoration of his state-of-the-art factory vessel Astan II, and his plans to introduce cutting-edge seafood technology to Sri Lanka.

 Q: You began operations in Sri Lanka in 2018. What was your original vision and investment?

 A: We started operations in 2018 with an initial investment of around US$1 million. Over time, that investment grew into several million dollars because we believed Sri Lanka had enormous potential in the fishing industry.

 My original intention was to develop a project through the Board of Investment (BOI) and introduce new technology to the country. However, the Government at the time encouraged us to work directly with it instead. We believed that this partnership would help us move forward faster and create something unique for Sri Lanka.

Overhauled Astan II

 Our goal was to operate within the harbour and establish a modern fishing operation centred around advanced technology and sustainable seafood processing.

 Q: What challenges did you face after starting operations?

 A: Around eight to 18 months after we began our investment, COVID-19 hit. The pandemic created enormous difficulties. In countries such as Spain and the United States, governments provided financial support to help businesses survive. Here, the Government itself was facing a difficult economic situation and was unable to provide similar assistance.

 Initially, we were told that there would be a grace period and that we would not be pressured for payments as long as we maintained our workforce and kept the operation alive. But later, that understanding changed, and demands for payments began despite the fact that we had a 15-year agreement.

 That was the beginning of the major conflict.

 Q: How did the change of Government affect your operations?

A: When a new Government came into power, the 15-year agreement signed with the previous administration was not recognized. The factory was closed and legal action was initiated against us.

 This was extremely difficult because we had invested heavily based on a long-term agreement. We had built infrastructure, brought in technology and created employment opportunities.

 During this period, while the vessel was caught up in legal disputes, a group of people attempted to take control of the ship. One of the most painful experiences was that some lawyers who had been working for us changed sides and supported those attempting to take the vessel.

Simon Max Astandoust

 The legal battle continued for years and only concluded in 2025.

 Q: Your vessel, Astan II, is central to your investment. What happened to it during this period?

 A:  Astan II is not just a fishing vessel. It is a huge factory vessel with a complete processing facility inside. It was designed to bring a completely new level of technology to Sri Lanka’s fishing industry.

 Unfortunately, because it remained idle during the legal proceedings, it suffered significant damage. Ships cannot simply sit in a harbour for months or years without proper operation and maintenance. The Sri Lankan weather conditions are particularly harsh on vessels.

The vessel deteriorated badly, but after we regained control, we decided to completely restore it. It was overhauled.

 Q: How much did the restoration cost and what work was involved?

 A:  The restoration cost approximately US$1.5 million and took about one year, beginning in 2025. The vessel was almost a complete rebuild. One of the biggest technical challenges was repairing the three generators. Because the harbour did not provide electricity, these generators had been running continuously to maintain the vessel. Over time, this caused significant wear and tear.

 Finding replacement parts was another major challenge. Many of these parts are not imported into Sri Lanka, so every component had to be sourced from different countries and brought in individually.

 A team of around 14 to 20 people worked on the restoration, including a Sri Lankan chief engineer and local professional deck crew. Their expertise and dedication were extremely important.

 Today, the vessel is in brand-new condition.

 Q: You mentioned that the absence of diplomatic representation made your struggle more difficult. Why?

 A: I hold Spanish and Israeli citizenship, and neither Spain nor Israel has an embassy in Sri Lanka. Normally, when a foreign investor faces serious difficulties, an ambassador can engage with authorities and help protect the investor’s interests.

 In my case, I had to face everything alone. I had to deal directly with government institutions and the legal system through my lawyers. Having diplomatic support would have made a significant difference. But ultimately, I had to rely on the courts and the legal process.

 Fortunately, the maritime judges understood the complexity of the situation and the importance of maritime law. Their fair approach restored some of my confidence.

 Q: Your vessel uses unique -70°C “Ultra-Fresh” technology. Can you explain how it works?

 A:  This is one of the most exciting parts of our project. The technology comes from Japan and is only about two years old. Traditional freezing methods often affect the quality of fish because the freezing process is slower and damages the texture. This technology works differently. It uses a glazing process where the fish is frozen from the outside, creating a protective layer.

Within approximately two hours, the fish is completely frozen. This process eliminates bacteria and preserves the quality of the fish.

When the fish is later defrosted using the correct method, it is almost exactly like fresh-caught fish from the ocean. The taste, texture and quality are preserved. At present, nobody else in Sri Lanka is carrying out this type of ultra-fresh freezing technology onboard a fishing vessel.

 Q: What advantage will this technology give Sri Lanka?

 A: Sri Lanka has excellent fishing resources, but we need to move beyond simply catching fish. The future is about value addition, quality control and accessing premium international markets.

With this technology, Sri Lanka can export seafood at a much higher value because customers will receive a product that maintains the quality of freshly caught fish.

 This is not just about one company. It is about introducing a new concept to the country’s fishing industry.

 Q: After everything you have experienced, why did you decide to continue investing in Sri Lanka?

 A: I come from a family of fishermen. This is my fourth generation, and my son represents the fifth generation. Fishermen are not people who give up easily. The sea teaches you resilience. You face storms, difficulties and uncertainty, but you continue. Of course, there were moments when I lost faith. Losing millions of dollars and spending years in court is not easy for anyone.

But eventually, the justice system gave me confidence again. The maritime judges understood the situation and treated the case fairly. That showed me that there are people in Sri Lanka who understand the importance of protecting investment and respecting the law. That is why I decided to continue.

 Many people told me that, despite the difficulties, the Sri Lankan judiciary would ultimately deliver justice. At the time, after years of uncertainty, it was difficult to know what the outcome would be. But in the end, that is exactly what happened. The courts examined the facts and delivered a fair judgment.

 The maritime judges understood the complexity of the situation and the importance of maritime law. Their fair approach restored my confidence—not only in the legal system but also in Sri Lanka itself.

 Q: What are your future plans for Seamax Ceylon?

 A: Our plan is to expand significantly. We intend to bring two or three more large factory vessels to Sri Lanka, along with five local fishing vessels. We also plan to establish a new processing factory near the beach. However, this time we will work through the Board of Investment rather than entering into a direct agreement with the Government.

 The BOI provides a structured framework for investors, and we believe this is the right way forward. My son Sam, who is the CEO of our US-based company, will also return to Sri Lanka to help introduce successful business concepts and support the next stage of development.

 Q: What keeps you motivated after such a difficult journey?

 A:The answer is simple: we do not give up. I come from a family of fishermen. This is my fourth generation, and my son represents the fifth generation. Fishermen understand struggle. You cannot control the ocean, but you learn how to survive. You face storms, difficulties and uncertainty, but you continue moving forward.

 I have lost money, faced difficult times and experienced moments of disappointment. But I never stopped believing in the potential of Sri Lanka. One thing that gave me strength was the faith many people placed in the country’s judiciary. I was repeatedly told that the courts in Sri Lanka would deliver justice, and ultimately that belief was proven right. The maritime judges understood the situation and gave a fair decision based on the law.

That experience reminded me that, despite challenges, Sri Lanka has institutions and people who respect justice. That is why I decided not only to stay but also to invest again.

For me, this is not merely a business project. It is about resilience, trust and proving that when you believe in something, you continue fighting until you succeed.

by Saman Indrajith ✍️

Continue Reading

Trending