44. General Niazi has claimed both in view of the language of the message itself and of his subsequent conversations with officers at Rawalpindi that it amounted to an order to surrender. For reasons which we shall elaborate a little later we are unable so to read it, but only as a permission to surrender. On the other hand, however, we are not impressed by the contrary argument that it did not refer to a surrender at all, for this, we think, amounts to mere quibble on words. It is true that the actual world "surrender" has not been used, but it is expressly stated that further resistance is no longer humanly possible. This surely means surrender; at the most is might be interpreted to mean surrender on the best terms hat could be obtained, but, if necessary, unconditionally.
45. There follow some signals in regard to destruction of war material which it is not necessary for our present purposes to quote.
46. Where or not General Niazi understood this message as an order or permission to surrender he did convey through the American Counsel General o the Indians his request for cease-fire under the following conditions:
(a) "a. Regrouping of Pakistan Armed Forces in designated areas to be mutually agreed upon between the commanders of the opposing forces.
(b) To guarantee the safety of all military and para-military forces.
(c) Safety o all those who settled in East Pakistan since 1947.
(d) Not reprisals against those who helped the administrations since March, 1971.
47. In the meantime the Indians dropped by leaflets a message from General Manekshaw to General Rao Farman Ali Khan which reads thus:

"I have sent out two messages already but there has been no response from you so far. I was to repeat that further resistance is senseless and will mean deaths of many poor soldiers under your command quite unnecessarily. I reiterate my guarantee of complete protection and just treatment under the Geneva Convention to all Military and Quasi-military personnel who surrender to my forces. Neither need you have any apprehension with regard to the forces of the Bangladesh as these are all under my command and the government of Bangladesh has issued instructions for the compliance with the provisions of the Geneva Convention. My forces are now closing in and around DACCA and you ... prisons there are within the range of my Artillery, I have issued instructions to all my troops to afford complete protection to foreign nationals and all ethnic-minorities. If should be the duty of all Commanders, to prevent the useless shedding of innocent blood, and I am therefore appealing to you once again to cooperate with me in ensuring that this human responsibility is fully discharged by all concerned. Should you however, decide to continue to offer resistance may I strongly urge that you ensure that all civilians and foreign nationals are remove to a safe distance from the area of conflict. For the sake of your own men I hope you will not compel me to reduce your garrison with the use of force."

48. In response to General Niazi's proposal General Manekshaw sent a radio broadcast message to General Niazi, the gist of which was the he expected General Niazi to issue orders to cease-fire immediately and to surrender. In return he promised that they would be treated with dignity and consistently with the Geneva conventions and that he wounded would be looked after as the dead would be given proper burial. He also arranged for radio links between Calcutta and Dacca.
49. In response specifically to General Niazi's message General Manekshaw replied on the 15th December, 1971 as follows:
"Firstly, I have received you communications of cease-fire in Bangla Desh at 1430 hours today through the American Embassy at New Delhi.
Secondly, I had previously informed General Farman Ali in two messages that I would guarantee
(A) he safety of all your military and para-military forces who surrender to me in Bangladesh
(B) complete protection to Foreign Nationals. Ethnic minorities and personnel of West Pakistan origin no matter who they may be. Since you have indicated your desire to stop tightening I expect you to issue orders to all forces under your command in Bangla Desh to cease-fire immediately and surrender to my advancing forces wherever they are located.
Thirdly, I give you my solemn assurance that personnel who surrender shall be treated with the dignity and respect that soldiers are entitled to and shall abide by the provisions, of the Geneva Conventions. Further as you have many wounded I shall ensure that they are well cared for and your dead given proper burial. No one need have any fear for their safety, no matter where they come from. Nor shall there be any reprisals by forces operating under my command.
Fourthly, Immediately I receive a positive response from you I shall direct General Auroa the Commander of Indian and Bangla Desh Forces in the Eastern Theatre to refrain from all air and ground actions against your forces. As a token of my good faith I have ordered that no air action shall take place over Dacca from 1700 hours today.