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Justice Hamood-ur-Rahman
Hamoodur Rahman Commission Report
Introduction Reasons for Supplementary Report This commission of Inquiry was appointed by the President of Pakistan in December, 1971 to inquire into and find out "the circumstances in which the Commander, Eastern command, surrendered and the members of the Armed Forces of Pakistan under his command laid down their arms and a cease-fire was ordered along the borders of West Pakistan and India and along the cease-fire line in the State of Jammu and Kashmir." After having examined 213 witnesses the Commission submitted its report in July 1972. 2. Before we submitted that report of necessity we did not have the evidence of most of the persons taken as prisoners of war, including the major personalities, who played a part in the final events culminating in the surrender in East Pakistan with the exception only of Major General Rahim. Although we did our best to reconstruct the East Pakistan story with the help of such material, as was then available, inevitably our conclusions had to be of a tentative character. We also felt that since we had found reasons adversely to comment upon the performance of some of the major figures involved it would have been unfair to pass any final judgment upon them without giving them an opportunity of explaining their own view point. For this reason we said that "our observations and conclusions regarding the surrender in East Pakistan and other allied matters should be regarded as provisional and subject to modification in the light of the evidence of the Commander, Eastern Command, and his senior officers as and when such evidence becomes available." (Page 242 of the Main Report). Commission Reactivated 3. Accordingly, after the prisoners of war and the civil personnel who had also been interned with the military personnel in India returned to Pakistan, the Federal government issued a notification directing "that the Commission shall start inquiry at a place and on a date to be fixed by it and complete the inquiry and submit its report to the President of Pakistan, with its findings as to the matters aforesaid, within a period of two months commencing from the date the commission starts functioning." A copy of this notification is annexed as Annexure A to this Chapter. Lt. Gen.(Retd.) Altaf Qadir, who had also previously acted as Military Adviser to the Commission, was re-appointed as such as also was Mr. M.A Latif as Secretary to the Commission. At the request of the commission the government also appointed Col. M.A Hassan as Legal Advisor. 4. The commission issued a Press Release on the 1st June, 1974 offering an opportunity to the prisoners of War and others repatriated from East Pakistan to furnish such information as might be within their knowledge and relevant to the purposes of the Commission. A copy of this Press Release is in Annexure B to this Chapter. Proceedings 5. Commission held an informal meeting at Lahore on the 3rd June, 1974 to consider various preliminary matters and then decided to resume proceedings at Abbottabad from the 16th July, 1974. In the meantime a number of questionnaires were issued to various persons, including those who were at the helm of affairs in East Pakistan, at the relevant time and others whom we considered likely to have relevant knowledge. Statements were also sent from members of armed forces, civil services and the police services involved and we then proceeded after scrutiny of these statements to summon the witnesses. We recorded evidence of as many as 72 persons and these included particularly Lt. Gen. A.A.K. Niazi, Commander Eastern Command, Major Generals Farman Ali, Jamshed ad the generals who held during the relevant time commands of divisions, Rear Admiral Sharif, who was the senior most Naval Officer, Air Commodore Inam the senior most Air Officer, and civilian personnel, including the then Chief Secretary Mr. Muzaffar Hussain and the Inspector General of Police Mr. Mahmood Ali Chaudhry. Besides, Maj. Gen. Rahim was reexamined. The only exception which was unavoidable was that Dr. Malik who till very nearly the end was the Governor of East Pakistan, but in his case also we had firsthand evidence of every important event and we, therefore, now feel ourselves competent to submit our final conclusions. 6. After the examination of evidence the Commission, finding itself unable to submit its report for a number of reasons by the 15th of September 1974, asked for time which was extended till the 15th of November 1974 and again till the 30th November 1974. At the conclusion of the recording of evidence on the 5th September 1974 we had to disperse principally because two of us were required to attend the special session of the Supreme Court at Karachi from the 9th to the 21st September, 1974 and the President had also to proceeded to Geneva to attend an International Conference. We, therefore, reassembled on the 23rd of October, 1974 at Abbottabad to prepare this Supplement to our main report. Scheme of the Supplementary Report 7. In general although we have examined a considerable volume of fresh evidence we have found no reason whatever to modify the conclusions that we reached and stated in the Main Report; if anything by reasons of more detailed information we are confirmed in those conclusions. We, therefore, propose to avoid a repetition of what we stated in the Main Report except to some slight degree necessary for restating briefly some of the conclusions with which we are principally concerned in this supplement. There are also some matters upon which our information was then scanty if not negligible and, these we, therefore, propose to deal with in some detail. We do, however, propose to write this, supplement, following the same pattern as far as is practicable, as we did in the main report. In Part II of that report we dealt with the political background and to this we now intend to add only matters which occurred in 1971, or to be more specific on and after the 25th March, 1971. We have nothing to add to Part III of the Main Report dealing with International Relations. As to Part IV we propose to say nothing in regard to the military aspect in so far as it concerned West Pakistan except to a limited extent as to its repercussions in East Pakistan and as to some controversy that has been raised before us as to the wisdom of opening the Western Front at all. Of necessity in this part, however, we shall deal in greater detail with the matters dealt with in Chapters II, III, IV, V, VI, VII, VIII and IX of the Main Report in so far as they concern East Pakistan. We then propose to deal with the subject of discipline of the armed forces in East Pakistan which would include the questions of alleged military atrocities in East Pakistan. We shall of necessity, mainly in this part, have to deal with the individual conduct of several persons though aspects of this will emerge from earlier Chapters. We shall then need to discuss some evidence which has come before us suggesting that there were, during the period of captivity in India, concerted efforts on the part of some high officers to present a consistent, if it necessarily accurate, account of what took place. We propose finally to wind up this supplement by making the recommendations Cabinet Note Government of Pakistan Cabinet
Secretary No. 107/19/74-Min -Whereas the Commission of Inquiry appointed under the late Ministry of Presidential Affairs Notification No. 632 (1)/71, dated the 26th December, 1971, had, in its report of 8th July, 1972, submitted, inter alia, that the Commission's findings with regard to the courses of events in East Pakistan were only tentative and recommended that "as and when the Commander Eastern Command and other senior officers now prisoners of war in India are available, a further Inquiry should be held into the circumstances which led to the surrender in East Pakistan"; And whereas all the prisoners of war and civil internees have now returned to Pakistan; And whereas the Federal Government is of the opinion that it is necessary in the light of the recommendations of the Commission of Inquiry to finalise the said inquiry as to the circumstances which led to the surrender in East Pakistan, after examining any of the said prisoners of war and civil internees whose examination is considered necessary by the Commission; Now, therefore, in exercise of the powers conferred by sub-section (I) of Section 3 o the Pakistan Commissions of Inquiry Act, 1956 (VI of 1956) the federal government is pleased to direct that the commission shall start inquiry at a place and on a date to be fixed by it and complete the inquiry and submit its report to the President of Pakistan, with its findings as to the matter aforesaid, within a period of two months commencing from the date the Commission starts functioning. Sd/ Vaqar
Ahmad Press Release The War Inquiry Commission which has been asked by the government of Pakistan to resume its deliberations and submit a final report was appointed by the then President of Pakistan, Mr. Zulfikar Ali Bhutto, on the 26th December, 1971 to enquire into the circumstances in which the Commander, Eastern Command surrendered and the members of the armed forces of Pakistan under his command laid down their arms and a cease-fire was ordered along the borders of West Pakistan and India and along the cease-fire line in the State of Jammu and Kashmir. The Commission is headed by the Chief Justice of Pakistan, Mr. Justice Hamoodur Rahman. The other two members of the Commission are Mr. Justice S. Anwarul Haq, Judge, Supreme Court of Pakistan and Mr. Justice Tufaif Ali Abdur Rahman, Chief Justice of Sid and Baluchistan High Court. Lt. Gen (Rtd) Altaf Qadir and Mr. M.A Latif, Assistant Registrar of the Supreme Court of Pakistan are Military Adviser and Secretary of the Commission, respectively. The Commission which had started its proceedings in camera in Rawalpindi on the 1st February, 1972 recorded evidence of 213 witnesses. It had submitted its report to the then President of Pakistan on the 12th July, 1972. In the Report the Commission had observed that its findings with regard to the causes of surrender in East Pakistan were only tentative. It, therefore, recommended that as and when the Commander, Eastern Command and other senior officers who were in India at that time were available, a further inquiry should be held into the circumstances which led to the surrender in East Pakistan. Now that all the prisoners of war and civil internees have returned to Pakistan, the Government has asked the Commission to complete this part of its inquiry. A temporary office of the Commission has been set up for the present in the Supreme Court building at Lahore and the Commission has decided that before commencing its proceeding a place to be announced later on the members of the public civil services and the armed forces who were either prisoners of war in India or were otherwise repatriated from East Pakistan should be given an opportunity to furnish to the commission such relevant information as may be within their knowledge relating to the causes of surrender in East Pakistan. This information should be submitted in writing, preferably 5 copies, as briefly as possible by the 30th June, 1974 at the latest to the Secretary of the Inquiry Commission care of Supreme Court of Pakistan, Lahore. The informant should also state whether he will be willing to appear before the Commission. All such information and particulars of the persons given the information will be strictly confidential. It may be mentioned that according to a public announcement of the Government of Pakistan published in newspapers on the 11th January, 1972 all proceedings before the Commission would be in camera and the statements made before and addressed to it would be absolutely privileged and would not render a person making any such statement liable to any civil or criminal proceedings except when such statement is false. The Commission is empowered to call before it any citizen of Pakistan to seek information. The Commission can if necessary even issue warrants to secure the attendance of any person unless he is otherwise exempted by law from personal appearance before a Court. The serving personnel of defence services who are willing to give evidence before the Commission should have no apprehension of victimization for assisting the Commission in its task. Chapter 1 The Moral Aspect Introductory In Chapter I of Part V of the Main Report, we have dealt at some length with the moral aspect of the causes of our defeat in the 1971 War. This became necessary in view of the vehement assertions made before the Commission by a large number of respectable witnesses drawn from various sections of society, including highly placed and responsible Service Officers, to the effect that due to corruption arising out of the performance of Martial Law duties, lust for wine and women and greed for lands and houses, a large number of senior Army Officers, particularly those occupying the highest positions, had not only lost the will to fight but also the professional competence necessary for taking the vital and critical decisions demanded of them for the successful prosecution of the war. It was asserted by these witnesses that men given to a disreputable way of life could hardly be expected to lead the Pakistan Army to victory. 2. After analysing the evidence brought before the Commission, we came to the conclusion that the process of moral degeneration among the senior ranks of the Armed Forces was set in motion by their involvement in Martial Law duties in 1958, that these tendencies reappeared and were, in fact, intensified when Martial Law was imposed in the country once again in March 1969 by General Yahya Khan, and that there was indeed substance in the allegations that a considerable number of senior Army Officers had not only indulged in large scale acquisition of lands and houses and other commercial activities, but had also adopted highly immoral and licentious ways of life which seriously affected their professional capabilities and their qualities of leadership. 3. We then offered specific comments on the conduct of certain high officers including the Commander, Eastern Command, Lt. Gen A.A.K. Niazi. However, we observed, in Paragraph 35 of that Chapter, that "as we have not had the opportunity of putting these allegations to Lt. Gen. A.A.K. Niazi any finding in this behalf must await his return from India where he is at present held as a prisoner of war". We have now examined not only Lt. Gen. Niazi but certain other witnesses as well in relation to his personal conduct, and the general allegations made against the Pakistan Army during its operations in the former East Pakistan, and are accordingly in a position to formulate our final conclusions in the matter. Effect of Martial Law Duties 4. In the situation that developed after the military action of the 25th of March 1971, the civil administration in East Pakistan practically came to a standstill, and the burden of running the Province fell heavily upon the Army Officers. Their involvement in civil administration continued unabated even after the induction of a sizable number of senior civil servants from West Pakistan, including the Chief Secretary, the Inspector General of Police and at least two Division Commissioners. 5. According to the Inspector General of Police, Mr. M.A.K Chaudhry (Witness No. 219), "after the disturbances of March-April 1971, there was a Military Governor with a Major General as his adviser at the head of the civil administration. There was a parallel Martial Law administration at all levels. All wings of administration, relating to law and order were under the control of Martial Law Authorities. A West Pakistan Deputy Inspector General of Police in the field was not permitted by the local Martial Law Authorities to come to the Provincial Headquarters" for a conference with the Inspector General of Police. In the view of Syed Alamdar Raza (Witness No. 226), Commissioner of Dacca Division, "efforts were made to make civilian officers responsible or at least routine matters within the general supervision and control of the Army Officers, but no substantial results could be achieved. Those Bengali Officers who had been restored lacked confidence and were not sure if their loyalties were not suspected. Action was taken against them, even their arrests were ordered without any body knowing about it, including their superiors or the Government of East Pakistan." 6. The Army's involvement in civil administration did not come to an end even with the installation of a civilian governor (viz. Dr. A.M Malik), and the ministers appointed by him. The observations made in this behalf by Maj Gen. Rao Farman Ali (Witness No. 284), who held the appointment of Maj General (Civil Affairs) in the governor's Secretariat are worth quoting: "A fully civil government could not be formed in East Pakistan as had been announced by the ex-President. Dr. Malik an old man and politician, had a weak personality. He could not annoy, the Martial Law Administrator (Lt. Gen. A.A.K. Niazi) also because of the unsettled conditions obtaining in the Wing. Gen Niazi, on the other hand, cherished and liked power, but did not have the breadth of vision or ability to understand political implications. He did not display much respect for the civilian Governor,..... The Army virtually continued to control civil administration". 7. The impression created on the mind of the West Pakistani civilian officials, then serving in East Pakistan, has been stated thus by Mr. Mohammad Ashraf, (Witness No. 275), former Additional Deputy Commissioner, Dacca: "The installation of a civilian governor in September 1971 was merely to hoodwink public opinion at home and abroad. Poor Dr. Malik and his ministers were figureheads only. Real decisions in all important matters still lay with the Army. I remember the first picture of the new Cabinet. Maj. Gen Farman Ali was prominently visible sitting on the right side of the Governor, although he was not a member of the Cabinet." 8. This impression is fortified by the fact that at a later stage even the selection of candidates for the by-elections ordered by General Yahya Khan was made by Maj Gen Farman Ali. Lt. Gen Niazi and some of his subordinate Martial Law Administrators have no doubt claimed that they allowed full liberty of action to the civilian officials at various levels, but even they have conceded that in the peculiar situation prevailing in East Pakistan after the military action the Army necessarily continued to be deeply concerned with the maintenance of law and order, the restoration of communications and the revival of economic activity in the Province. 9. The evidence of Officers repatriated from India leaves no doubt that this extensive and prolonged involvement of the Pakistan Army in Martial Law duties and civil administration had a disastrous effect on its professional and moral standards. According to Brig. M. Saleemullah, who was commanding 203 (A) Brigade in East Pakistan, "prolonged commitment on Martial Law duties and interment security roles had affected the professional standards of the Army." According to Rear Admiral M. Sharif (Witness No. 283) who was the Flag Officer Commanding the Pakistan Navy in East Pakistan, "the foundation of this defeat was laid way back in 1958 when the Armed Forces took over the country ..." While learning the art of politics in this newly assigned role to themselves, they gradually abandoned their primary function of the art of soldiering, they also started amassing wealth and usurping status for themselves. Similar views were expressed before us by Commodore I.H. Malik (Witness No. 272) who was the Chairman of the Chittagong Port Trust until the day of surrender, Brigadier S.S.A Qasim, former Commander Artillery, Eastern Command, Col. Mansoorul Haw Malik, former GS-I, 9 division, East Pakistan, and Col. Ijaz Ahmad (Witness No. 247) former Colonel Staff (GS) Eastern Command, to mention only a few. 10. The fresh evidence coming before the Commission has thus served only to reinforce the conclusions reached by us in the Main Report that the involvement of the Pakistan Army in Martial Law duties and civil administration had a highly corrupting influence, seriously detracting from the professional duties of the Army and affecting the quality of training which the Officers could impart to their units and formations, for the obvious reason that they did not have enough time available for this purpose, and many of them also lost the inclination to do so. Living off the Land 11. A new aggravating factor made its appearance in East Pakistan in the wake of the military action of the 25th of March 1971, when units of the Pakistan Army undertook "sweep operations" throughout the Province to deal with the Awami League insurgents. The Army had to go out into the countryside without adequate logistic arrangements, and was compelled, at least in the early stages of its operations to take its requirements of foodgrains and other essential supplies from civilian sources. Unfortunately, however, the practice appears to have persisted even when it became possible to make proper logistic arrangements. There is evidence to the effect that civilian shops and stores were broken into by the troops without preparing any record of what was taken and from where. The need for commandeering vehicles, foodstuffs, medicines and other essential supplies can certainly be appreciated, but this should have been done under a proper method of accounting so that compensation could be paid on return of normal conditions. As no such procedure was adopted, it led to a general feeling among the troops, including their officers that they were entitled to take whatever they wanted from wherever they liked. This appears to us to be the genesis of the looting alleged to have been indulged in by the Army in East Pakistan. 12. In the early stages this method of procurement seems to have been encouraged by senior commanders, including Lt. Gen Niazi, whose remarks on the very first day of his taking over command from Lt. Gen Tikka Khan have already been quoted by us in an earlier chapter, viz: "what have I been hearing about shortage of rations? Are not there any cows and goats in this country? This is enemy territory. Get what you want. This is what we used to do in Burma." (vide Maj Gen Farman Ali's Evidence). Gen Niazi did not, of course, accept having made any such statement and asserted that "whatever we took we gave a chit so that civil government should pay for that." This assertion is not supported by other officers. On the contrary, some officers like Lt. Col. Bukhori, (Witness No. 244) have made a positive statement that even written orders were received by them emanating from the Eastern Command to live of the land during sweep operations. 13. However, at a later stage the Eastern Command and the divisional Commanders issued strict instructions in an effort to stop such practices, and some Commanders caused searches to be carried out of the barracks occupied by the troops for the recovery of looted material which included television sets, refrigerators, typewriters, watches, gold, air conditioners and other attractive items. We were informed that in several cases disciplinary action by way of Courts of Inquiries was initiated but the cases could not be finalised for one reasons or the other before the surrender on the 16th of December 1971. Glaring Cases of Moral Lapses Amongst Officers Posted in East Pakistan (1) Lt. Gen A.A.K. Niazi 14. In the Main Report we have mentioned the allegations, and the evidence relating thereto as regards the personal conduct of Gen. Yahya Khan, Gen. Abdul Hamid Khan the late Maj Gen (Retd) Khuda Dad Khan, Lt. Gen A.A.K. Niazi, Maj Gen. Jehanzeb and Brig Hayatullah. We wish to supplement those observations as regards Lt. Gen Niazi. 15. From a perusal of Paragraphs 30 to 34 of Chapter 1 of Part V of the Main Report, it will be seen that the graveness of the allegations made against Lt. Gen. Niazi is that he was making money in the handling of Martial Law cases while posted as G.O.C Sialkot and later as G.O.C and Martial Law Administrator at Lahore; that he was on intimate terms with one Mrs. Saeeda Bukhari of Gulberg, Lahore, who was running a brothel under the name of Senorita Home, and was also acting as the General's tout for receiving bribes and getting things done; that he was also friendly with another woman called Shamini Firdaus of Sialkot who was said to be playing the same role as Mrs. Saeeda Bukhari of Lahore; that during his stay in East Pakistan he came to acquire a stinking reputation owing to his association with women of bad repute, and his nocturnal visits to places also frequented by several junior officers under his command; and that he indulged in the smuggling of Pan from East Pakistan to West Pakistan. These allegations were made before the Commission by Abdul Qayyum Arif (witness No. 6), Munawar Hussain, Advocate of Sialkot (Witness No. 13), Abdul Hafiz Kardar (Witness No. 25), Maj Sajjadul Haq (Witness No. 164), Squadron Leader C.A Wahid (Witness No. 57) and Lt. Col Haliz Ahmad (Witness NO. 147). 16. During the present phase of our inquiry damaging evidence has come on the record regarding the ill repute of General Niazi in sex matters, and his indulgence in the smuggling of Pan. A mention may be made in this behalf of the statements made before us by Lt. Col. Mansoorul Haq (Witness No. 260), ex GSO-I, 9 div. Lt Cdr. A.A. Khan (Witness No. 262), of Pakistan navy, Brig I.R Shariff (Witness No. 269) former Comd. Engrs. Eastern Command, Mr. Mohammad Ashraf (Witness No. 275) former Addl. D.C. Dacca, and Lt. Col. Aziz Ahmad Khan (Witness No. 276). The remarks made by this last witness are highly significant: "The troops used to say that when the Commander (Lt. Gen. Niazi) was himself a raper, how could they be stopped. Gen. Niazi enjoyed the same reputation at Sialkot and Lahore." 17. Maj Gen Qazi Abdul Majid Khan (Witness No. 254) and Maj Gen. Farman Ali (Witness No. 284) have also spoken of Gen Niazi's indulgence in the export of Pan. According to Maj Gen Abdul Majid, Brig Aslam Niazi, commanding 53 Bde, and Senior Superintendent of Police Diljan, who was residing with Gen. Niazi in the Flag Staff House at Dacca, were helping Gen Niazi in the export of Pan. Maj. Gen. Farman Ali has gone to the extent of stating that "Gen Niazi was annoyed with me because I had not helped him in Pan business. Brig Hamiduddin of PIA had complained to me that Corps Headquarter was interfering in transportation of Pan to West Pakistan by placing limitation on poundage. I told ADC to Gen. Niazi, who visited me in my office, that this was a commercial matter and should be left to the arrangements arrived at between PIA and Pan exporters." We understand that the insinuation is that a son of Gen. Niazi was engaged in the export of Pan from East Pakistan to West Pakistan. According to Major S.S. Haider (Witness NO. 259) and Brig Atta Mohammed (Witness No. 257) even Brig Baqir Siddiqui, Chief of Staff, Eastern Command, was a partner of Gen Niazi in the export of Pan. 18. The allegations mentioned in the preceding Paragraphs were put to Lt. Gen. Niazi during his appearance before us, and he naturally denied them. When asked about his weakness for the fair sex, he replied, "I say no. I have been doing Martial Law duties. I never stopped anybody coming to see me. I became very religious during the East Pakistan trouble. I was not so before. I thought more of death than these things." 19. As regards the allegation that he was indulging in the export of Pan, he stated that he had ordered an enquiry into the matter on the complaint of a man called Bhuiyan who was aggrieved by the monopoly position occupied by the Pan exporters. He alleged that in fact Brig Hamiduddin and PIA staff were themselves involved in the smuggling of Pan. 20. From the mass of evidence coming before the Commission from witnesses, both civil and military, there is little doubt that Gen. Niazi unfortunately came to acquire a bad reputation in sex matters, and this reputation has been consistent during his postings in Sialkot, Lahore and East Pakistan. The allegations regarding his indulgence in the export of Pan by using or abusing his position in the Eastern Command and as Zonal Martial Law Administrator also prima facie appear to be well-founded, although it was not our function to hold a detailed inquiry into the matter. It is for the Government to decide whether these matters should also form the subject of any inquiry or trial which may have to be ultimately held against this officer. (2) Maj Gen Mohammad
Jamshed, former GOC 36 (A) Division, East Pakistan
22. An inquiry was
made from Maj Gen. Jamshed Khan in this behalf, and his reply is as under.
: A secret fund was placed at my disposal by the Government of East Pakistan for the purpose of payment of rewards and purchase of information and in this case the expenditure was from the secret fund at my disposal. This fund was non-auditable. The money given to the needy families who were dispatched by helicopters on night 15th/16th December, 1971 was from the EPCAF Director General's Fund. I was the sole authority to sanction from this fund and considering the circumstances under which this expenditure was made I had no intention to recommend recovery from persons concerned. From the above clarification it will be appreciated that there was no requirement to furnish details of the above expenditure to any accounts department." 23. We regret we
cannot regard the reply given by Maj. Gen. Jamshed as satisfactory. Even
though the funds disbursed by him may not be auditable in ordinary
circumstances, it would have been appropriate and advisable for him to
supply such information as was possible for him to do in the circumstances
once the question of the disposal of these funds had arisen on the basis of
information supplied to the Commission by officers who heard of these
transactions in East Pakistan and later in the prisoners of war camps. We
suggest, therefore, without necessarily implying any dereliction on the part
of the general, that the matter should be inquired into further so that the
suspicion surrounding the same is cleared in the General's own interest.
(3)
Brig. Jehanzeb Arbab, former Commander 57 Brigade.
24. The evidence of Maj. Gen. Nazar Hussain Shah (Witness No. 242 GOC 16 Div, Maj. Gen. M.H Ansari (Witness NO. 233) GOC, 9 Div, as well as of Brig. Baqir Siddiqui (Witness No. 218) Chief of Staff, Eastern Command, disclosed that these officers and their units were involved in large scale looting, including the theft of Rs. 1,35,00,000 from the National Bank Treasury at Siraj Ganj. This amount was intercepted by a JCO at the Paksi Bridge crossing when it was being carried in the lower part of the body of a truck. The driver of the truck produced a chit reading "released by Major Maddad." We were informed that a Court o Inquiry was conveyed under the Chairmanship of Maj. Gen. M.H Ansari who had recorded some evidence, but could not complete the inquiry owing to the outbreak of war. 25. The GHQ representative was not able to inform us as to what action had ultimately been taken by GIIQ in respect of these officers, except that Brig. Jehanzeb Arabab had been appointed to officiate as GOC of a Division. The Commission feels that this appointment, before the completion of the inquiry and exoneration of the officer from any blame, was highly inadvisable on the part of the GHQ. We recommend that action should now be taken without delay to finalise the proceedings of the inquiry commenced by Maj Gen Ansari in East Pakistan. There should be no difficulty in reconstructing the record, if necessary as the material witness appear to be now available in Pakistan. 26. Before we conclude this Chapter, we would like to state that we had no desire to embark on any inquiry into personal allegations of immorality an dishonestly against senior Army Commanders, but were persuaded to examine these matters owing to the universal belief that such infamous conduct had a direct hearing on the qualities of determination and leadership displayed by these officers in the 1971 war. We have regretfully found that this was indeed so. It is, therefore, imperative that deterrent action should be taken by the Government, wherever it is justified by the facts, in order to maintain the high moral standards and traditions for which the Muslim Army of Pakistan was justly proud before degeneration set in. Chapter 2 Alleged atrocities by the Pakistan Army As is well-known, the conduct of the Pakistani army, while engaged in counter-insurgency measures is East Pakistan since March 1971, has come in for a lot of criticism from several quarters. We had occasion to deal with the subject in Paragraphs 5-8 of Chapter II of Part V of the main report. We have examined this question further in the light of fresh evidence recorded by us. Misdeeds of the Awami League Militants: 2. It is necessary that this painful chapter of the events in East Pakistan be looked at in its proper perspective. Let it not be forgotten that the initiative in resorting to violence and cruelty was taken by the militants of the Awami League, during the month of March, 1971, following General Yahya Khan's announcement of the 1st of March regarding the postponement of the session of the National Assembly scheduled for the 3rd of March 1971. It will be recalled that from the 1st of March to the 3rd of March 1971, the Awami League had taken complete control of East Pakistan, paralysing the authority of the federal government. There is reliable evidence to show that during this period the miscreants indulged in large scale massacres and rape against pro-Pakistan elements, in the towns of Dacca, Narayanganj, Chittagong, Chandraghona, Rangamati, Khulna, Dinajpur, Ghafargaoa, Kushtia, Ishurdi, Noakhali, Sylhet, Maulvi Bazaar, Rangpur, Saidpur, Jessore, Barisal, Mymensingh, Rajshahi, Pabna, Sirajgonj, Comilla, Brahman Baria, Bogra, Naugaon, Santahar, and several other smaller places. 3. Harrowing tales of these atrocities were narrated by the large number of West Pakistanis and Biharis who were able to escape from these places and reach the safety of West Pakistan. For days on end, all through the troubled month of March 1971, swarms of terrorised non-Bengalis lay at the Army-controlled Dacca airport awaiting their turn to be taken to the safety of West Pakistan. Families of West Pakistani officers and other ranks serving with East Bengal units were subjected to inhuman treatment, and a large number of West Pakistani officers were butchered by the erstwhile Bengali colleagues. 4. These atrocities were completely blacked out at the time by the Government of Pakistan for fear of retaliation by the Bengalis living in West Pakistan. The Federal Government did issue a White Paper in this behalf in August 1971, but unfortunately it did not create much impact for the reason that it was highly belated, and adequate publicity was not given to it in the national and international press. 5. However, recently, a renowned journalist of high-standing, Mr. Qutubuddin Aziz, has taken pains to marshal the evidence in a publication called "Blood and Tears." The book contains the harrowing tales of inhuman crimes committed on the helpless Biharis, West Pakistanis and patriotic Bengalis living in East Pakistan during that period. According to various estimates mentioned by Mr. Qutubuddin Aziz, between 100,000 and 500,000 persons were slaughtered during this period by the Awami League militants. 6. As far as we can judge, Mr Qutubuddin Aziz has made use of authentic personal accounts furnished by the repatriates whose families, have actually suffered at the hands of the Awami League militants. He has also extensively referred to the contemporary accounts of foreign correspondents then stationed in East Pakistan. The plight of the non-Bengali elements still living in Bangladesh and the insistence of that Government on their large-scale repatriation to Pakistan, are factors which appear to confirm the correctness of the allegations made against the Awami League in this behalf. Provocation of the Army 7. We mention these facts not in justification of the atrocities or other crimes alleged to have been committed by the Pakistani Army during its operations in East Pakistan, but only to put the record straight and to enable the allegations to be judged in their correct perspective. The crimes committed by the Awami League miscreants were bound to arouse anger and bitterness in the minds of the troops, especially when they were not confined to barracks during these weeks immediately preceding the military action, but were also subjected to the severest of humiliations. They had seen their comrades insulted, deprived of food and ration, and even killed without rhyme or reason. Tales of wholesale slaughter of families of West Pakistani officers and personnel of several units had also reached the soldiers who were after all only human, and reacted violently in the process of restoring the authority of the Central Government The Nature of Allegations 8. According to the allegations generally made, the excesses committed by the Pakistani Army fall into the following categories:- a) Excessive use of
force and fire power in Dacca during the night of the 25th and 26th of March
1971 when the military operation was launched. Substance of Evidence 9. In view of the seriousness of the allegations, their persistence and their international impact as well as their fundamental importance from the point of view of moral and mental discipline of the Pakistan Army, we made it a point of questioning the repatriated officers at some length in this behalf. We feel that a brief reference to some typical statements made before us by responsible military and civil officers will be instructive, and helpful in reaching the necessary conclusions. 10) Lt. Gen. A.A.K. Niazi, apparently in an endeavor to put the blame on his predecessor, then Lt. Gen. Tikka Khan, stated that "military action was based on use of force primarily, and at many places indiscriminate use of force was resorted to which alienated the public against the Army. Damage done during those early days of the military action could never be repaired, and earned for the military leaders names such as "Changez Khan" and "Butcher of East Pakistan." While the military action was on, the then Martial Law Administration alienated the world press by unceremoniously hounding out foreign correspondents from East Pakistan, thus losing out in the propaganda war to the Indians completely. "He went on to add: "on the assumption of command I was very much concerned with the discipline of troops, and on 15th of April, 1971, that is within four days of my command, I addressed a letter to all formations located in the area and insisted that loot, rape, arson, killing of people at random must stop and a high standard of discipline should be maintained. I had come to know that looted material had been sent to West Pakistan which included cars, refrigerators and air conditioners etc." When asked about the alleged killing of East Pakistani officers and men during the process of disarming, the General replied that he had heard something of the kind but all these things had happened in the initial stages of the military action before his time. He denied the allegation that he ever ordered his subordinates to exterminate the Hindu minority. He denied that any intellectuals were killed during December, 1971. He admitted that there were a few cases of rape, but asserted that the guilty persons were duly punished. He also stated that "these things do happen when troops are spread over. My orders were that there would not be less than a company. When a company is there, there is an officer with them to control them but if there is a small picket like section, then it is very difficult to control. In Dacca jail we had about 80 persons punished for excesses." 11. Another significant statement was made in this regard by Maj. Gen. Rao Barman Ali, Adviser to the Governor of East Pakistan namely: "Harrowing tales of rape, loot, arson, harassment, and of insulting and degrading behaviour were narrated in general terms.... I wrote out an instruction to act as a guide for decent behaviour and recommended action required to be taken to win over the hearts of the people. This instruction under General Tikka Khan's signature was sent to Eastern Command. I found that General Tikka's position was also deliberately undermined and his instructions ignored...excesses were explained away by false and concocted stories and figures." 12. About the use of excessive force on the night between the 25th and 26th March 1971, we have a statement from Brigadier Shah Abdul Qasim (witness No. 267) to the effect that "no pitched battle was fought on the 25th of March in Dacca. Excessive force was used on that night. Army personnel acted under the influence of revenge and anger during the military operation." It has also been alleged that mortars were used to blast two Residence Halls, thus causing excessive casualties. In defence, it has been stated that these Halls were at the relevant time not occupied by the students but by Awami League insurgents, and were also being used as dumps for arms and ammunition stored by the Awami League for its armed rebellion. 13. Still another significant statement came from Brigadier Mian Taskeenuddin (Witness No. 282): "Many junior and other officers took the law into their own hands to deal with the so-called miscreants. There have been cases of interrogation of miscreants which were far more severe in character than normal and in some cases blatantly in front of the public. The discipline of the Pakistani army as was generally understood had broken down. In a command area (Dhoom Ghat) between September and October miscreants were killed by firing squads. On coming to know about it I stopped the same forthwith." 14. Maj. Gen. Nazar Hussain Shah, GOC 16 Division, conceded that "there were rumors that Bengalis were disposed of without trial." Similarly, Brigadier Abdul Qadir Khan (Witness No. 243) Commander 93 (A)? admitted that "a number of instance of picking up Bengalis did take place." Lt. Col. S. S. H. Bokhari, CO of 29 Cavalry, appearing as Witness no 244, stated that "In Rangpur two officers and 30 men were disposed of without trial. It may have happened in other stations as well." An admission was also made by Lt. Col. S. M. Naeem (Witness No 258) CO of 39 Baluch that "innocent people were killed by us during sweep operations and it created estrangement amongst the public." 15. Lt Col. Mansoorul Haq, GSO-I, Division, appearing as Witness No 260, has made detailed and specific allegations as follows: "A Bengali, who was alleged to be a Mukti Bahini or Awami Leaguer, was being sent to Bangladesh-a code name for death without trial, without detailed investigations and without any written order by any authorised authority." Indiscriminate killing and looting could only serve the cause of the enemies of Pakistan. In the harshness, we lost the support of the silent majority of the people of East Pakistan.... The Comilla Cantt. massacre (on 27th/28th of March, 1971) under the orders of CO 53 Field Regiment, Lt. Gen. Yakub Malik, in which 17 Bengali Officers and 915 men were just slain by a flick of one Officer's fingers should suffice as an example. There was a general feeling of hatred against Bengalis amongst the soldiers and officers including Generals. There were verbal instructions to eliminate Hindus. In Salda Nadi area about 500 persons were killed. When the army moved
to clear the rural areas and small towns, it moved in a ruthless manner,
destroying, burning and killing. The rebels while retreating carried out
reprisals against non-Bengalis. 16. Several civilian officers have also deposed in a similar vein, and it would suffice to quote here the words of Mr. Mohammad Ashraf, Additional Deputy Commissioner, Dacca, to whose evidence we have also referred earlier in another context. He stated that "after the military action the Bengalis were made aliens in their own homeland. The life, property, and honour of even the most highly placed among them were not safe. People were picked up from their homes on suspicion and dispatched to Bangladesh, a term used to describe summary executions. .... The victims included Army and Police Officers, businessmen, civilian officers etc....There was no Rule of Law in East Pakistan. A man had no remedy if he was on the wanted list of the Army.... Army Officers who were doing intelligence were raw hands, ignorant of the local language and callous of Bengali sensibilities." 17. About the attitude of senior officers in this behalf, Brigadier Iqbalur Rehman Shariff (Witness no. 269), has alleged that during his visit to formations in East Pakistan General Gul Hassan used to ask the soldiers "how many Bengalis have you shot." 18. The statements appearing in the evidence of Lt. Col. Aziz Ahmed Khan (Witness no 276) who was Commanding Officer 8 Baluch and then CO 86 Mujahid Battalion are also directly relevant. "Brigadier Arbbab also told me to destroy all houses in Joydepur. To a great extent I executed this order. General Niazi visited my unit at Thakurgaon and Bogra. He asked us how many Hindus we had killed. In May, there was an order in writing to kill Hindus. This order was from Brigadier Abdullah Malik of 23 Brigade." 19. While the extracts of evidence given above reflect the general position in regard to the allegations we are considering, it appears to be necessary to deal specifically with certain matters brought to the notice of the Prime Minister of Pakistan by the Bangladesh authorities, or which have otherwise been particularly mentioned by certain witnesses appearing before the Commission during the present session. Painting the Green of East Pakistan Red 20. During his meeting with the Prime Minister of Pakistan at Dacca on Friday, the 28th of June 1974, the Bangladesh Prime Minister Sk. Mujibur Rahman, complained inter-alia that Maj Gen Rao Farman Ali had written in his own hand on Government stationery that "The green of East Pakistan will have to be painted red." Sk. Mujibur Rahman promised to supply a photostat copy of this document to the Government of Pakistan." The same has since been received and is added to Annexure "A" to this chapter. The insinuation is that this writing amounted to a written declaration of the intentions of the Pakistan Army and the martial law administration in East Pakistan to indulge in large-scale bloodshed in order to suppress the movement for Bangladesh. This writing is being put forward as a proof of the killings alleged to have been carried out in East Pakistan during the military operations. 21. We asked Maj. Gen. Farman Ali to explain the significance of this writing and the circumstances under which it came to me made by him. He has stated that the words "the green of East Pakistan will have to be painted red" were uttered by one of the NPA leaders in Paltan Maidan, Dacca in a public speech during June 1970. The Martial Law headquarters thought that these words had been uttered by Mr Mohammad Toha of the NAP, and the General was asked to call for the explanation of Mr Toha and warn him not to say things prejudicial to public peace. To remind himself he wrote these words down on the back of his table diary, when they were repeated to him on telephone by Lt. Gen. Yakub, the then Zonal Martial Law administrator in East Pakistan. Toha later denied having uttered these words and mentioned the names of Qazi Zafar and Rashid Menon in this connection. As these gentlemen had gone underground, General Farman Ali could not take any further action against them. The General has further explained that as Mr Toha and his associates had communist leanings, these words were intended to convey their conviction and objective that East Pakistan would be turned into a communist state, and not that there would be bloodshed. Finally, Maj. Gen. Farman Ali has stated that he did not give any importance to this note and it must have fallen into the hands of his Bengali Personal Assistant, when the diary for the year 1970 was replaced at the close of that year. 22. From the photostat copy sent to the Government of Pakistan by the Government of Bangladesh, it becomes clear that the paper on which these words are written was apparently in the nature of a writing pad on which notes are jotted down as an aid to memory. The paper bears the heading:- "Governor's Secretariat, East Pakistan" Then there are miscellaneous entries, which do not have any connection with each other, for instance, "Siraj - Iqbal Hall, D.U." Below these words a line in ink is drawn and then appear the words "Case against Mr. Toha and others." These words are followed by the telephone number of the Chief Justice and then by some other entries relating to some accommodation and the name of one Mr. Karamat. Then appear the words in question, enclosed by a circle in black ink. There is a further entry of an Officer's name below these words, which apparently has no connection with this matter. 23. A perusal of this document leave no doubt in our mind that it was indeed in the nature of a writing pad or table diary on which the General made miscellaneous notes during course of his work. The words "Case against Mr Toha and others," appearing in the same page, do support Maj. Gen. Farman Ali's contention that it was in this connection that he noted these words to remind himself, while confronting Mr Toha as directed by the Martial Law Administrator. We consider that it is highly fanciful to regard this note as being in the nature of a solemn declaration of Maj. Gen. Farman Ali's intention to shed blood on the soil of East Pakistan. The explanation given by the General appears to us to be correct. Alleged Killing of Intellectuals during December 1971 24. This again is a matter, which was specifically raised by Sk. Mujibur Rehman during his meeting with the Prime Minister at Dacca. According to Maj. Gen. Farman Ali it was on the 9th and 10th of December 1971 that he was rung up in the evening by Maj. Gen. Jamshed, who was the Deputy Martial Law Administrator for Dacca Division and asked to come to his headquarters in Peelkhana. On reaching the headquarters he saw a large number of vehicles parked there. Maj. Gen. Jamshed was getting into a car and he asked Maj. Gen. Farman Ali to come along. They both drove to Headquarters of Eastern Command to meet Lt. Gen. Niazi and on the way Maj. Gen. Jamshed informed Maj. Gen. Farman that they were thinking of arresting certain people. Gen. Farman Ali advised against it. On reaching Lt. General Niazi's headquarters he repeated his advice, on which Lt. Gen. Niazi kept quiet and so did Maj. Gen. Jamshed. Maj. Gen. Farman Ali has stated that he cannot say anything as to what happened after he came away from the headquarters but he thinks that no further action was taken. 25. When questioned on this point, Lt. Gen. A. A. K. Niazi stated that the local Commanders had, on the 9th of December 1971, brought a list to him which included the names of miscreants, heads of Mukti Bahini etc., but not any intellectuals but he had stopped them from collecting and arresting these people. He denied the allegation that any intellectuals were in fact arrested and killed on the 9th December 1971 or thereafter. 26. Maj. Gen. Jamshed has, however, a slightly different version to offer. He says that it was on the 9th and 10th of December 1971 that General Niazi expressed his apprehension of a general uprising in the Dacca city and ordered him to examine the possibility of arresting certain persons according to lists which were already with the various agencies, namely the Martial Law Authorities and the Intelligence Branch. A conference was held on the 9th and 10th of December 1971 in which these lists were produced by the agencies concerned and the total number of persons to be arrested came to about two or three thousand. According to him, arrangements for accommodation, security guards, missing and the safety of the arrested persons from bombing/strafing by the Indian Air Force presented insurmountable problems and therefore, he reported back to Lt. Gen. Niazi that the proposal be dropped. He states that thereafter no further action was taken in this matter. 27. From the statements made by the three Generals who appear to be directly concerned in the matter, it seems that although there was some talks of arresting persons known to be leaders of the Awami League or Mukti Bahini so as to prevent chances o a general uprising in Dacca during the closing phases of the war with India, yet no practical action was taken in view of the circumstances then prevailing, namely the precarious position of the Pakistan Army and the impending surrender. We consider, therefore, that unless the Bangladesh authorities can produce some convincing evidence, it is not possible to record a finding that any intellectuals or professionals were indeed arrested and killed by the Pakistan Army during December 1971. Killings During Disarming of East Pakistan Units 28. In the evidence specific allegations were made before the Commission that Lt. Col. Yakub Malik, CO of 53 Field Regiment was responsible for the killing of 17 Officers and 915 other ranks at Comilla Cantt., while disarming 4 EBR, 40 Field Ambulance and Bengali SSG personnel. An explanation was accordingly called from this officer, in which he has denied the allegation, and has asserted that resistance was put up by the particular units aforementioned as a result of which casualties were sustained on both sides. He asserts, however, that in April 1971 when the situation stabilised a large number of disarmed Bengali personnel detained in the barracks were reported to Headquarters 9 Div., thus implying that no such killing took place during the disarming process towards the end of March 1971. 29. Similar allegations have also been made before the Commission regarding the disarming of East Pakistani personnel of 29 Cavalry at Rangpur, although the number of persons said to have been killed is mentioned as being only two officers and 30 other ranks. An explanation was called from the Commanding Officer, Brigadier, Saghir Hussain and he has denied the allegation stating that all the personnel, barring a few who had either deserted or did not return from leave, were safely evacuated to West Pakistan under arrangements of Eastern Command, and they were later repatriated to Bangladesh along with other East Pakistani personnel. 30. The evidence before the Commission in respect of these allegations is obviously not conclusive. It is possible that there may have been other instances of casualties inflicted during the disarming of East Pakistani personnel. The Commission feels that the Army authorities must conduct a thorough inquiry into these matters so as to elicit the truth and fix responsibility. Magnitude of Atrocities 31. In the circumstances that prevailed in East Pakistan from the 1st of March to the 16th of December 1971, it was hardly possible to obtain an accurate estimate of the toll of death and destruction caused by the Awami League militants and later by the Pakistan Army. It must also be remembered that even after the military action of the 25th of march 1971, Indian infiltrators and members of the Mukti Bahini sponsored by the Awami League continued to indulge in killings, rape and arson during their raids on peaceful villages in East Pakistan, not only in order to cause panic and disruption and carry out their plans of subversion, but also to punish those East Pakistanis who were not willing to go along with them. In any estimate of the extent of atrocities alleged to have been committed on the East Pakistani people, the death and destruction caused by the Awami League militants throughout this period and the atrocities committed by them on their own brothers and sisters must, therefore, be always be kept in view. 32. According to the Bangladesh authorities, the Pakistan Army was responsible for killing three million Bengalis and raping 200,000 East Pakistani women. It does not need any elaborate argument to see that these figures are obviously highly exaggerated. So much damage could not have been caused by the entire strength of the Pakistan Army then stationed in East Pakistan even if it had nothing else to do. In fact, however, the army was constantly engaged in fighting the Mukti Bahini, the Indian infiltrators, and later the Indian army. It has also the task of running the civil administration, maintaining communications and feeding 70 million people of East Pakistan. It is, therefore, clear that the figures mentioned by the Dacca authorities are altogether fantastic and fanciful. 33. Different figures were mentioned by different persons in authority but the latest statement supplied to us by the GHQ shows approximately 26,000 persons killed during the action by the Pakistan Army. This figure is based on situation reports submitted from time to time by the Eastern Command to the General Headquarters. It is possible that even these figures may contain an element of exaggeration as the lower formations may have magnified their own achievements in quelling the rebellion. However, in the absence of any other reliable date, the Commission is of the view that the latest figure supplied by the GHQ should be accepted. An important consideration which has influenced us in accepting this figure as reasonably correct is the fact that the reports were sent from East Pakistan to GHQ at a time when the Army Officers in East Pakistan could have had no notion whatsoever of any accountability in this behalf. 34. The falsity of Sheikh Mujibur Rahman's repeated allegation that Pakistani troops had raped 200,000 Bengali girls in 1971 was borne out when the abortion team he had commissioned from Britain in early 1972 found that its workload involved the termination of only a hundred or more pregnancies. Question of Responsibility 35. For almost three years now, the world has repeatedly heard a list of 195 names said to have been prepared by the Dacca authorities in connection with the commission of these atrocities and crimes. As the Commission has not been supplied with a copy of this list, it is not possible for us to comment upon the justification or otherwise of the inclusion of any particular names therein. It is, however, clear that the final and overall responsibility must rest on General Yahya Khan, Lt. Gen. Pirazada, Maj Gen. Umar, Lt. Gen. Mitha. It has been brought out in evidence that Maj. Gen. Mitha was particularly active in East Pakistan in the days preceding the military action of the 25th of March 1971, and even the other Generals just mentioned were present in Dacca along with Yahya Khan, and secretly departed there on the evening of that fateful day after fixing the deadline for the military action. Maj. Gen. Mitha is said to have remained behind. There is also evidence that Lt. Gen Tikka Khan, Major Gen. Farman Ali and Maj. Gen Khadim Hussain were associated with the planning of the military action. There is, however, nothing to show that they contemplated the use of excessive force or the Commission of atrocities and excesses on the people of East Pakistan. 36. The immediate responsibility for executing the plan of this action fell on Lt. Gen. Tikka Khan who succeeded Lt. Gen. Mohammad Yakub on the 7th of March 1971 as Zonal Administrator, Martial Law, as well as Commander Eastern Command. This last responsibility was passed on by him to Lt. Gen. A.A.K. Niazi on the 7th of April 1971. From that day until the day of surrender the troops in East Pakistan remained under the operational control of Lt. Gen. Niazi who also assumed powers of the Martial Law administrator on the appointment of a civilian Governor in August 1971. It is a question for determination as to what share of responsibility must rest on these commanders for the excesses allegedly committed by the troops under their Command. It is in evidence that Lt. Gen. Tikka Khan was always willing to redress grievances and take disciplinary action whenever complaints of excesses were brought to his notice. It has also to be said that both these Generals had issued repeated warnings to troops to refrain from acts of violence and immorality. At the same time there is some evidence to suggest that the words and personal actions of Lt. Gen. Niazi were calculated to encourage the killings and rape. 37. The direct responsibility of the alleged excesses and atrocities must, of course, rest on those officers and men who physically perpetuated them or knowingly and deliberately allowed them to be so perpetuated. These officers and men not only showed lack of discipline in disobeying the directives of the Eastern Command and Zonal Martial Law Administrator, but also indulged in criminal acts punishable under the Army Act as well as the ordinary law of the land. Conclusions and Recommendations 38. From what we have said in the preceding Paragraphs it is clear that there is substance in the allegations that during and after the military action excesses were indeed committed on the people of East Pakistan, but the versions and estimates put forward by the Dacca authorities are highly coloured and exaggerated. Some of the incidents alleged by those authorities did not take place at all, and on others fanciful interpretations have been deliberately placed for the purpose of maligning the Pakistan army and gaining world sympathy. We have also found that the strong provocation was offered to the army owing to the misdeeds of the Awami League. It has also been stated that use of force was undoubtedly inherent in the military action required to restore the authority of the Federal Government. Nevertheless, in spite of all these factors we are of the view that the officers charged with the task of restoring law and order were under an obligation to act with restraint and to employ only the minimum force necessary for the purpose. No amount of provocation by the militants of the Awami League or other miscreants could justify retaliation by a disciplined army against its own people. The Pakistan Army was called upon to operate in Pakistan territory, and could not, therefore, be permitted to behave as if it was dealing with external aggression or operating on enemy soil. Irrespective, therefore, of the magnitude of the atrocities, we are of the considered opinion that it's necessary for the Government of Pakistan to take effective action to punish those who were responsible for the commission of these alleged excesses and atrocities. Inquiries and Trials 39. On the basis of the evidence coming before the Commission, we have been able to indicate only in general terms the direct and indirect responsibility of certain senior commanders and others, but the question of fixing individual responsibility and awarding punishment appropriate thereto need to be determined according to the prescribed procedures available under the Pakistan Army Act and other applicable laws of the land. We would, accordingly, reiterate the recommendation made by us in Paragraph 7 of Chapter III of Para V of the main report that the Government of Pakistan should set up a high-powered Court or Commission of Inquiry to investigate these allegations, and to hold trials of those who indulged in these atrocities, brought a bad name to the Pakistan Army and alienated the sympathies of the local population by their acts of wanton cruelty and immorality against our own people. The composition of the Court of Inquiry, if not its proceedings, should be publicly announced so as to satisfy national conscience and international opinion. 40. The Commission feels that sufficient evidence is now available in Pakistan for a fruitful inquiry to be undertaken in this regard. As the Government of Bangladesh has been recognised by Pakistan, it may be feasible to request the Dacca authorities to forward to this Court of Inquiry whatever evidence may be available with them. Chapter 3 Professional Responsibilities of Certain Senior Army Commanders In Chapters 1, 2 and 5 of Part 5 of the main report we have dealt with the moral and disciplinary aspects of the events and causes leading to the defeat of the Pakistan Army in the 1971 war, and have also touched upon the individual responsibility of certain senior officers. In the preceding two chapters of the Supplementary Report, we have offered further observations on these aspects and have commented upon the conduct of certain Army Officers posted in East Pakistan. There, however, still remains the question of determining whether any disciplinary action is called for against certain senior army commanders for their failings in the discharge of their professional duties in the conduct ad prosecution of the war in East Pakistan. Nature of Disciplinary Action 2. In view of the glaring weaknesses and negligence displayed by some of the senior officers operating in East Pakistan, we have anxiously considered the nature of the disciplinary action required in the case. We find that there are several provisions in the Pakistan Army Act 1952 having a direct bearing on this matter. In the first place, there is section 24 which is in the following terms:- "24. Offences in relation to enemy and punishable with death. Any person to this Act who commits any of the following offenses, that is to say,- (a) Shamefully abandons or delivers up any garrison, fortress, airfield, place, post or guard committed to his charge or which it is his duty to defend, or uses any means to compel or induce any commanding officer or any other person to do any of the said acts; or (b) in the presence
of any enemy, shamefully casts away his arms, ammunition, tools or
equipment, or misbehaves in such manner as to show cowardice; or 3. Section 25 is
also relevant, and reads as under:- (a) without order
from his superior officer leaves the ranks in order to secure prisoner,
animals or materials, or on the pretence of taking wounded men to the rear;
or 4. Finally, there is section 55 which is of a general nature, and provides;- "55. Violation of good order and discipline-Any person subject to this Act who is guilty of any act, conduct, disorder and of military discipline shall , on conviction by court martial, be punished with rigorous imprisonment for a term which may extend to five years, or with such less punishment as is in this Act mentioned." 5. We are fully cognizant of the fact that defeat in war, even entailing surrender, is not necessarily punishable as a military offence unless it has been occasioned by wilful neglect of the Commander concerned in the performance of his duties in respect of the appreciation of the situation regarding the enemy's intention, strength, own resources, terrain, etc; or in the planning and conduct of the operations; or a wilful failure to take action as required under the circumstances. A callous disregard of the recognised techniques and principles of warfare would clearly amount to culpable negligence, and could not be excused as an honest error of judgement. A deliberate failure to adopt the proper course of action to meet a certain contingency cannot be covered by taking shelter behind the plea that his superiors did not advise him properly in time. It further appears to us that every Commander must be presumed to possess the calibre and quality, appurtenant to his rank, and he must per force bear full responsibility for all the acts of omission and commission, leading to his defeat in war, which are clearly attributable to culpable negligence on his part to take the right action at the right time, as distinguished from (illegible) or circumstances beyond his control. He would also be liable to be punished if he shows a lack of will to fight and surrenders to the enemy at a juncture when he still had the resources and the capability to put up resistance. Such an act would appear to fall clearly under clause (a) of section 24 of the Pakistan Army Act. Need and Justification for Trial and Punishment 6. Having heard the views of a large number of witnesses drawn from all sections of society, professions and services, the Commission feels that there is consensus on the imperative need to book these senior army commanders who have brought disgrace and defeat to Pakistan by their professional incompetence, culpable negligence and wilful neglect in the performance of their duties, and physical and moral cowardice in abandoning the fight when they had the capability and resources to resist the enemy. We are also of the view that proper and firm disciplinary action , and not merely retirement from service, is necessary to ensure against any future recurrence of the kind of shameful conduct displayed during the 1971 war. We believe that such action would not only satisfy the nations demand for punishment where it is deserved, but would also serve to emphasise the concept of professional accountability which appears to have been forgotten by senior army officers since their involvement in politics, civil administration and Martial Law duties. Cases Requiring Action by Way of Court Martial 7. In Part III of the present report, we have discussed and analysed at some length the concept of defence of East Pakistan adopted by Lt. Gen Niazi, and the manner in which he and his Divisional and Brigade Commanders formulated their plans to implement that concept within the resources available to them in East Pakistan. We have then narrated the important events involving the surrender of well-defended strong points and fortresses without a fight , desertion of his area of responsibility by a Divisional Commander, disintegration of brigades and battalions in frantic and foolish efforts to withdraw from certain posts , and abandoning of the wounded and the sick is a callous disregard of all human and military values. We have also seen how the Eastern Command had failed to plan for an all out war with India and particularly to provide for the defence of Dacca which had been described as the political and military lynch-pin of East Pakistan. We have also described the painful events leading to the ultimate surrender of such a large body of men and materials to the Indian Army at juncture when, by all accounts, the Pakistan Army was still able to put up resistance for anything up to two weeks or more. In this context we have also taken note of the inexplicable orders issued by the Eastern Command to stop the destruction of war before material before the surrender , and the abject and shameful attitude adopted by the Commander, Eastern Command, at various stages of the surrender ceremonies in the presence of the Indian Generals. Finally, we have observed that during his period of captivity at Jabbalpur |
