| |
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".
|