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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.
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