(iii) That an inquiry is also indicated into the disposal of Rs.50, 000 said to have been distributed by Maj. Gen. Mohammad Jamshed, former GOC 39 (ad-hoc) Division and Director General, East Pakistan Civil Armed Forces immediately before the surrender on the 16th of December 1971. Details of this matter including the General's explanation would be found in paragraphs 21 to 23 of Chapter I of Part V of the Supplementary Report. We have already recommended that this Officer be tried by a court martial on several charges including his wilful failure to disclose any facts at all about his sum Rs.50,000. That charge does not necessarily imply any dishonest practice on his part. The inquiry now suggested can form a part of the charges already recommended.
(iv) That allegations of indulging in large-scale looting of property in East Pakistan including theft of Rs.1, 35,00,000 from the National Bank Treasury at Siraj Ganj persistently made against Brig. Jehanazeb Arbab, former Commander 57 Brigade, Lt Col (now Brig) Muzaffar Ali Zahid, former CO 31 Field Regiment, Lt. Col. Basharat Ahmad, former CO 18 Punjab, Lt. Col Mohammad Taj, former CO 32 Punjab, Lt Col Mohammad Tufail, former CO 55 Field Regiment and Major Madad Hussain Shah of 18 Punjab, as set out in paragraph 24 and 25 of Chapter I of part V of the Supplementary Report, should be thoroughly inquired into and suitable action taken in the light of the proved facts.
(v) That an inquiry be held into the allegation, noticed by us in paragraph 36 of Chapter 1 of Part V of the Main Report, that while serving in the Martial Law Administration at Multan, Maj. Gen. Jahanzeb, presumably a Brigadier at that time, demanded a bribe of Rs. One lac from a PCS Officer posted as Chairman of the Municipal Committee of Multan, on pain of proceeding against him for corruption under martial Law, as a consequence of which demand the said PCS Officer is said to have committed suicide leaving behind a letter saying that although he had made only Rs.15,000 he was being required to pay Rs. one lac to the Martial Law officers. The allegation was made before the Commission by Brig. Mohammad Abbas Beg (Witness No.9)
(vi) That in inquiry is also necessary into the allegation made against Brig. Hayatullah that he entertained some women in his bunker in the Maqbulpur sector (West Pakistan) on the night of the 11th or 12th of December, 1971, when Indian shells were falling on his troops. The allegation was contained in an anonymous letter addressed to the Commission and supported in evidence before us by the Brigadier Hayatullah's brigade, Major, namely, Major Munawar Khan (Witness No.42).
(vii) That it is necessary to investigate into the allegations, as set out in Paragraphs 9 to 14 of Chapter 1 of Part V of the Main Report, to the effect that senior Army Commanders grossly abused their official position and powers under the Martial Law to acquire large allotments of land, and obtained substantial house buildings loans on extremely generous terms from certain banking institutions with which they deposited large amounts from departmental funds entrusted to their care. Those found guilty of corrupt practices should receive the punishment they deserve under the military law or the ordinary criminal law of the land as the case may be.
(viii) That a thorough investigation be conducted into the suspicion created in the mind of the Commission, during the recording of additional evidence of Officers repatriated form India, that there may be some complicity or collusion between the Commander, Easter Command (Lt. Gen. A.A.K. Niazi) and his Chief of Staff (Brig G.M. Baqir Saddiqui) on the one hand and the Indian authorities on the other in the matter of the failure of the Pakistan Armed Forces to carry out execution of denial plans immediately before the surrender in spite of instructions issued in this behalf by GHQ on the 10th of December, 1971. We have already included relevant charges in this behalf against these two Officers, but we consider that it would be in the public interest to depute a specialized agency to probe into the matter further. On the material available to us we cannot put the matter higher than suspicion, but we have not been able to find any reasonable, or even plausible explanation for the orders issued by the Easter Command to stop the execution of denial plans, particularly in Dacca and Chittagong, thus ensuring the delivery intact to the Indians of large amounts of war materials and other equipment. Details of these deliveries will be found in our Chapter VII of Part IV dealing with the aftermath of surrender.
(ix) That an inquiry be held into the circumstances under which Commander Gul Zareen of the Pakistan Navy was carried from Khulna to Singapore on the 7th of December, 1971, by a French ship called M.V. Fortescue, thus abandoning his duties at PNS Titumir Naval Base, Khulna. The case of this Officer was dealt with by us in Paragraphs 12 and 13 of Chapter III of Part V of the Main Report.
IV. Cases Requiring Departmental Action
6. While examining the course of events and the conduct of war in East Pakistan, we formed a poor opinion about the performance and capabilities of Brig. S.A .Ansari, ex-Commander 23 Brigade, Brig. Manzoor Ahmad, ex-Commander 57 Brigade, 9 Division, and Brig. Abdul Qadir Khan, ex-Commander 94 brigade, 36 (ad hoc) Division. We consider that their further retention in service is not in the public interest and they may accordingly be retired.
V. Performance and Conduct of Junior Officers
7. In the very nature of things the Commission was not in a position to examine at any length the conduct and performance of officers below the brigade level, although some case necessarily came to our notice where the performance of these Officers had a direct bearing on the fate of important battles or where their conduct transgressed the norms of discipline. Such cases have been mentioned by us at their proper place, but by and large cases of junior officers must be dealt with by the respective service headquarters who have obtained detailed debriefing reports from all of them and are also in possession of the assessment of their performance by their immediate superiors.