2nd Martial Law - Seminar[1]. PCDP

8/14/2019 2nd Martial Law - Seminar[1]. PCDP

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Sadia munir

Mpa,fjwu MARTIAL LAW

The system of rules that takes effect when the military takes control of the normal

administration of justice

Martial law is temporary government and control by military authorities of a territory or

state, when war or overpowering public disturbance makes the civil authorities of theregion unable to enforce its law. Martial law refers to rule by the domestic army only; the

rule of occupied territory by an invading army is known as military government . Marshal

law is fixed period of time n should not be extended. In such a situation civil law isrestrained.

In many countries martial law imposes particular rules, one of which is curfew. Often,

under this system, the administration ofjustice is left to a military tribunal, called a court-

martial.

A court-martialis a military court. These military courts can determinepunishments formembers of the military subject to military law who are found guilty or may dismiss the

charges based on the evidence and the case presented. Virtually all militaries maintain a

court-martial system to try cases in which a breakdown of military discipline may haveoccurred. In addition, courts-martial may be used to try enemyprisoners of warforwar

crimes.

WHEN ITS IMPOSED?

1. Martial law is sometimes imposed during wars oroccupations in the absence of anyother civil government. Examples of this form of military rule include Germany and

Japan after World War II or the American South during the early stages ofReconstruction

2. Martial law is also applied in serious cases of internal dissension; the army authorities

may take over the administrative and judicial functions, and civil safeguards (e.g., habeascorpus and freedom of speech) may also be suspended.

3. Martial law can also be declared in cases of majornatural disasters; however most

countries use a different legal construct, such as a "state of emergency".

? WHEN ITS NOT APPLICABLE

Where the civil courts remain open, even if their orders are executed by the military,

martial law is not applicable. In the United States the federal government is limited inapplying martial law by the provision of Article of the Constitution.

MARTIAL LAW DIFFERENT FROM MILITARY LAW:
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Martial law, which applies to all persons, civil and military, in the area is to be

distinguished from military law , the system of rules of government applying only to

those in military service

MARSHAL LAW DECLARATION IN PAKISTAN.

Martial law has been declared in Pakistan three times,

1. In the first instance President Iskander Mirza abrogated the Constitution in 1958 and

declared Martial Law over the country.

2. The second instance was when General Yahya Khan declared martial law in March,

1969 after Mirza's successor, General Ayub Khan handed over power to him.

3. The 3rd by Gen Muhammad Zia-ul-Haq.

Another instance was when General Pervez Musharrafdeclared two times in the country"State of Emergency" once to topple Nawaz Sharif and other under the self-created

grounds i.e. mounting militant attacks and "interference by members of the judiciary".

1947 - On 3 June British Prime Minister Clement Attlee introduces a bill to the House ofCommons calling for the independence and partition of the British Indian Empire into the

separate nations of India and Pakistan. On 14 July the House of Commons passes the

India Independence Act.

Under the Act Pakistan is to be comprised of a West Wing and an East Wing focused onthe Muslim population centres of the Punjab (West Pakistan) and Bengal (East Pakistan)

on either side of India.

The two wings are separated by a distance of 1,600 kilometres. They are climatically,geographically, culturally and linguistically distinct.

The East is wet and flat. The population is ethnically homogeneous. Their principal

language and culture is Bangla (Bengali). Their staple crop is rice. They make up about

54% of Pakistan's entire population.

The West is dry and rugged. Its population consists of four major ethnic groups (Punjabis,Pakhtuns, Sindhis and Baluchis). Its principal language is Urdu. Its staple crop is wheat.

On 14 August Pakistan is declared to be independent. India formally attains its

sovereignty at midnight on the same day.

Amid the celebrations sectarian riots erupt as Muslims in India flee to Pakistan whileHindus in the Pakistan flee the opposite way. As many as two million die in north India,

at least 12 million become refugees, and a limited war over the incorporation of Kashmir

into India breaks out between the two nation states.
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Jinnah becomes head of state of the Dominion of Pakistan when he is appointed as the

country's first governor general. He is also leader of the Muslim League and president of

the Constituent Assembly. He has no formal limitations on his constitutional powers. Hisprime minister is Liaquat Ali Khan.

Soon after partition inequalities begin to develop between Pakistan's East and Westwings. Urdu is declared the official language, causing resentment among the Bangla-

speakers of the East.

The central government and military are based in West Pakistan. The banking and finance

sectors of the East come to be controlled by West Pakistanis. East Pakistanis are under-

represented in the civil and military services.

Urdu speakers from the West dominate management positions and the skilled labourforce in the East. They in turn favour Urdu-speaking Biharis (refugees from the northern

Indian state of Bihar living in East Pakistan) for general workforce positions.

The East receives less than half of the country's development funds and less than a

quarter of its foreign aid, even though it earns a greater amount of foreign exchange thanthe West.

Meanwhile, Yahya Khan helps to establish the Pakistani Staff College at Quetta in

Baluchistan.

1948 - In September Jinnah dies. Liaquat Ali Khan now takes full leadership of Pakistan.

1949 - The Awami League is founded by Bengali leaders in the East. The aim of the

League is to promote Bengali interests and secure autonomy for the East.

1951 - On 16 October Liaquat Ali Khan is assassinated by fanatics opposed to his refusal

to wage war against India. He is replaced as prime minister by Khwaja Nazimuddin, a

Bengali and the then governor general. Ghulam Mohammad is appointed as governorgeneral.

Meanwhile, Yahya Khan is promoted to the rank of brigadier-general and placed in

command of the 106 Infantry Brigade, which is deployed on the line-of-control in

Kashmir. He is later promoted to deputy chief-of-staff of the army.

1952 - Attempts to impose Urdu as the second language in East Pakistan provoke riots.On 22 February during a language demonstration in Dhaka, the capital of the East, police

fire on the crowd and kill two students. Two years later the Constituent Assembly

designates "Urdu and Bengali and such other languages as may be declared" as theofficial languages of Pakistan.

1953 - Prime Minister Nazimuddin is dismissed by Governor General Ghulam

Mohammad in April.


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1954 - In general elections the Muslim League is defeated in the East by the United

Front, a coalition campaigning for autonomy for the East. However, the United Front is

prevented from taking office by Ghulam Mohammad, who imposes governor's rule on theEast under Major General Iskander Mirza.

Ghulam Mohammad also dismisses the Pakistan Constituent Assembly and appoints hisown "cabinet of talents", including a number of senior officers from the military.

Yahya Khan is chosen to head a planning board set up to modernise the Pakistan Army.

1955 - The Constituent Assembly is reconvened, with the United Front taking its seats inthe house. Ghulam Mohammad resigns as governor general. He dies the following year.

Mirza replaces him.

1956 - Pakistan's first constitution is finally accepted on 2 March, nine years after

independence. The constitution proclaims Pakistan an Islamic republic and renames the

Constituent Assembly the Legislative Assembly. The office of governor general isrenamed president.

The constitution decrees that each wing of Pakistan will have the same number of

representatives in the parliament, meaning that the East, with its larger population, isunder-represented.

Though the United Front does form a coalition government no party in the Assembly is

able to maintain a stable majority or withstand the meddling of Mirza.

The country begins to fracture, with different regions pushing for autonomy.

1957 - Yahya Khan is appointed as army chief-of-staff and is promoted to a full general.

1958 - On 7 October President Mirza, with the support of Army Commander-in-chief

General Mohammad Ayub Khan, suspends the 1956 constitution, imposes martial law,

abolishes political parties and cancels the elections scheduled for January 1959.

On 27 October Mirza swears in a 12-member cabinet that includes Ayub Khan as primeminister and three other generals in ministerial positions.

The same day Mirza is ousted by Ayub Khan and sent into lifetime exile in London. Ayub

Khan assumes control of a military government. Yahya Khan is one of the militaryfigures who have supported Ayub Khan's coup.

Although an autocrat Ayub Khan introduces various reforms. He isolates the military

from the government decision-making process, relying instead on senior civil servants

and a few conservative politicians, and also takes steps to accommodate the grievances of

the East.


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On 25 March Ayub Khan announces his resignation and hands over the government to

Yahya Khan. Martial law is reimposed, with Yahya Khan becoming the chief martial law

administrator. On 31 March Yahya Khan assumes the presidency.

The constitution is suspended and the National Assembly dissolved. However, Yahya

Khan makes a commitment to the return of government under a redrafted constitution andagrees that representation in the Assembly should be determined by population

distribution, ensuring that the majority of seats will be based in the East. He promisesopen elections with a universal "one man, one vote" adult franchise.

He also enters into discussions with leaders of political parties, dismisses almost 300

senior civil servants and attempts to curb the power of 32 families said to control about

half of Pakistan's gross national product.

At the end of July Yahya Khan announces that he will double the number of Bengalis

serving in the defence forces.

1970 - At the end of March Yahya Khan unveils a new interim constitution.

Pakistan's first nationwide direct elections are held on 7 December. The Awami League

campaigns for almost total autonomy for the East. When it wins 160 of the 162 seatsallotted to the East it becomes the majority party in the 313 seat National Assembly.

Mujib claims the prime ministership and asserts that his six-point program will be used as

the basis of a new constitution.

However, the election result is not honoured, with West Pakistani politicians, led by

Bhutto and supported by senior army officers, pressuring Yahya Khan to cancel theinaugural sitting of the National Assembly, making the establishment of civilian

government impossible.

1971 - On 21 February Yahya Khan dissolves his civilian cabinet. The army takes fullcontrol of the government.

On 28 February Bhutto states that if the National Assembly opens as planned there will

be a general strike throughout West Pakistan.

The next day Yahya Khan announces that the Assembly has been postponed indefinitely.

On 2 March Mujib calls a five-day general strike in East Pakistan. "In this critical hour itis the sacred duty of each and every Bengali in every walk of life, including government

employees, not to cooperate with anti-people forces and instead to do everything in their

power to foil the conspiracy against Bangladesh," he says.

The strike takes effect across the whole of the East and is followed up by a campaign ofnoncooperation.


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On 6 March Yahya Khan announces that the National Assembly will meet on 25 March.

However, the announcement is accompanied by a warning.

"Let me make it absolutely clear that no matter what happens, as long as I am incommand of the Pakistan Armed Forces and Head of the State, I will ensure complete and

absolute integrity of Pakistan.

"Let there be no mistake on this point. I have a duty towards millions of people of East

and West Pakistan to preserve this country. They expect this from me and I shall not failthem," he says.

On 7 March Mujib states that the Awami League will only attend the Assembly if martial

law is immediately revoked and power transferred to the representatives elected at the 7

December poll.

The Awami League now becomes the de facto government in the East.

On 15 March Yahya Khan flies to Dhaka for talks with Mujib. By 20 March he has

provisionally agreed to the drafting of a new constitution and the introduction of an

interim constitution that would end martial law. However, Bhutto rejects the proposal.

On 20 March, on the order of Yahya Khan, armed forces in East Pakistan under thecommand of Lieutenant-general Tikka Khan begin to prepare for a military takeover.

On 23 March Mujib issues a "declaration of emancipation" for the East. At the same time,

the Awami League issues an expanded list of demands that essentially call for complete

autonomy for the East within a loose confederation.

At 10 p.m. on 25 March, after talks held in Dhaka between Yahya Khan, Mujib andBhutto break down, and after Yahya Khan has secretly left the capital, the plan for a

military takeover goes into operation.

What has been described as a "wholesale slaughter" of the civilian population of the Eastby the Pakistan Army begins in Dhaka, centring on the university precinct and spreading

to the old parts of the city and scattered shanty towns. Several hundred Bengalis are

killed within hours. Many of those killed are named on death lists that have been

prepared in advance.

The Awami League is outlawed and Mujib is arrested and flown to the West Wing tostand trial for treason. He is found guilty and sentenced to death.

All political activity is banned. Foreign journalists are expelled from the East and the

media is censored in both the East and West wings.

Additional troops are airlifted in from West Pakistan. The violence escalates and, whenthe Bengalis start to fight back, tips into civil war.


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By 28 March an estimated 15,000 Bengalis have been killed. By the end of August as

many as 300,000 are dead.

According to an eyewitness account recorded in a report by the International Commissionof Jurists, the conflict has three phases: first a general repression of all Bengalis; second

the persecution of the Hindu population; and third a "Collective Punitive ReprisalProgram" that comes into effect once the Bengalis begin to retaliate.

Rebel army officer Major Ziaur Rahman proclaims the "independent, sovereign republicof Bangladesh" in Chittagong on 26 March. The same day Yahya Khan declares that he

has ordered the armed forces "to do their duty and fully restore the authority of the

government".

Lieutenant-general A.A.K. Niazi replaces Tikka Khan on 7 April.

In April a Bangladesh government-in-exile is formed in Calcutta by a number of leading

Awami League members who have escaped from East Pakistan. On 17 April thegovernment-in-exile formally proclaims independence and names Mujib as its president.

Back in the conflict zone, rebel Bengali fighters are organised into the Mukti Bahini

(Liberation Force). The East Pakistan Rifles join them. However, the Pakistan Armypresses its advantage and by the middle of May controls most of the East.

Across the border, the Indian parliament passes a resolution in support of the "people of

Bengal" on 31 March. India also provides the Mukti Bahini with equipment, training andother assistance.

India's actions raise tensions with Pakistan. Yahya Khan threatens war if India attempts toseize any part of Pakistan, asserting that Pakistan could count on its American and

Chinese friends. (Behind the scenes Yahya Khan is acting as an intermediary in the secretnegotiations between the United States and China that enable the historic visit by US

President Richard M. Nixonto Chinain 1972.)

On 28 June Yahya Khan announces plans for the drafting of a new constitution, saying

that the task should be completed in about four months. At the end of July he claims thatnormality has returned to the East.

At the end of August a moderate Bengali, Abdul Malik, is installed as the civilian

governor of East Pakistan. On 5 September Yahya Khan declares a general amnesty.However, guerrilla activities by the Mukti Bahini increase.

On 25 October Yahya Khan invites the secretary general of the United Nations (UN) tovisit India and Pakistan in order to discuss an UN-supervised withdrawal of troops from

both sides of the frontier.

On 21 November the Mukti Bahini launches an offensive on Jessore, southwest of Dhaka.
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"3. (i) That General Yahya Khan, General Abdul Hamid Khan, Lt. Gen. S.G.M.M.

Pirzada, Lt. Gen. Gul Hasan, Maj. Gen. Umar and Maj. Gen. Mitha should be publicly

tried for being party to a criminal conspiracy to illegally usurp power from F.M.Mohammad Ayub Khan, if necessary by the use of force. In furtherance of their common

purpose they did actually try to influence political parties by threats, inducements and

even bribes to support their designs both for bringing about a particular kind of resultduring the elections of 1970, and later persuading some of the political parties and the

elected members of the National Assembly to refuse to attend the session of the National

Assembly scheduled to be held at Dhaka on the 3rd of March, 1971. They, furthermore,in agreement with each other brought about a situation in East Pakistan which led to a

civil disobedience movement, armed revolt by the Awami League and subsequently to the

surrender of our troops in East Pakistan and the dismemberment of Pakistan:

"(ii) That the Officers mentioned in No. (i) above should also be tried for criminal neglectof duty in the conduct of war both in East Pakistan and West Pakistan. ...

"5. (i) That allegations of personal immorality, drunkenness and indulgence in corruptpractices against General Yahya Khan, General Abdul Hamid Khan and Maj. Gen. Khuda

Dad Khan be properly investigated as there is prima facie evidence to show that theirmoral degeneration resulted in indecision, cowardice and professional incompetence. In

the light of the result of this inquiry suitable charges may be added against these Officers,

during the trials we have already recommended earlier."

1973 - At elections held in Bangladesh the Awami League wins 282 out of 289 directlycontested seats. However, corruption and mismanagement are turning popular opinion

away from Mujib.

1974 - On 22 February Pakistan recognises Bangladesh. On 17 September Bangladesh isadmitted to UN.

1975 - In January the Bangladesh's constitution is amended to make Mujib president for

five years and to give him full executive powers. The next month Mujib proclaims

Bangladesh a one-party state. He renames the Awami League the Bangladesh Krishak

Sramik Awami League (Bangladesh Peasants, Workers, and People's League) andrequires all parliamentarians along with all senior civil and military personnel to join the

party. To all intents and purposes Bangladesh has been transformed into a dictatorship.

On 15 August Mujib and several members of his family are assassinated in a coup

engineered by a group of young army officers. Martial law is introduced.

1976 - Formal relations between Pakistan and Bangladesh are established.

In Pakistan, Bhutto appoints General Mohammad Zia ul-Haq as chief-of-staff of the

army.


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1977 - On 21 April, following a period of instability, Major-general Ziaur Rahman

becomes the president of Bangladesh. In June 1978 he wins a five-year term as president,

with 76% of the vote. He demilitarises the government, reestablishes public order, liftsthe ban on political parties and revokes martial law.

In Pakistan, Bhutto is overthrown by Zia ul-Haq on 5 July 1977. Martial law is reimposedand Bhutto is taken into custody. He is subsequently found guilty of complicity in the

murder of a political opponent. He is hanged on 4 April 1979.

Yahya Khan is freed from house arrest by Zia ul-Haq.

1980 - Yahya Khan dies on 10 August in Rawalpindi. He is given a full military burial.

HISTORICAL BACKGROUND OF MARTIAL LAW:

Pakistan cycled through a number of politicians through their beginning political andeconomic crises. The politicians were corrupt, interested in maintaining their political

power and securing the interests of the elite, so to have them as the representative

authority did not provide much hope of a democratic state that provided socio-economicjustice and fair administration to all Pakistani citizens. Ranging controversies over the

issue of the national language, the role of Islam, provincial representation, and the

distribution of power between the center and the provinces delayed constitution making

and postponed general elections. In October 1956 a consensus was cobbled together andPakistan's first constitution declared. The experiment in democratic government was

short but not sweet. Ministries were made and broken in quick succession and in October

1958, with national elections scheduled for the following year, General Mohammad Ayub

Khan carried out a military coup with confounding ease. In 1958, Ayub Khan firstintroduced martial law in the country. The coup was a response to the growing popularity

of the left-wing National Awami Party (NAP) and the bureaucracy's failure to build aviable ruling-class party. The NAP opposed Pakistan's membership of the anti-

communist, imperialist-dominated alliances, the Southeast Asia Treaty Organisation

(SEATO) and the Central Treaty Organisation. It demanded the abolition of feudalism

and the separation of religion and state Since then, the army has been sharing power withthe bureaucrats, the landlords and the capitalist class in Pakistan, whether at times of pure

army rule or purported democratically run governments. The army picks and chooses the

bureaucrats, the landlords-cum-politicians and even the judges of the highest civil courts.The regime has depended on its neo-colonial links established with the United States and

its global defence treaty system aimed at containing the influence of the ``communistblock''.Ayub Khan declared Western-style parliamentary democracy as being contrary to the

``genius'' of the people of Pakistan. With the help of his bureaucratic advisors, Ayub Khan

devised a system of partyless indirect elections, misnamed ``basic democracy''. Theprovinces of West Pakistan were amalgamated into one administrative unit and a

movement for autonomy that arose in the tribal areas of Baluchistan was crushed with a

massive military crackdown. Severe restrictions were placed on civil liberties and the


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freedom of the press. He ruthlessly curbed trade union activity, banned political parties

and peasant organisation, and took over the left-wing chain of newspapers run by

Progressive Papers Limited (PPL). The PPL takeover was a big blow to the Pakistani left.While PPL takeover symbolised press censorship, the brutal murder of left-wing student

leader Hassan Nasir became a symbol of state repression and resistance in the 1960s.

Hassan Nasir was tortured to death at the historic Lahore Fort, which had become anotorious torture cell. Hassan remains a youth hero in Pakistan to this day.

Between 1958 and 1971 President Ayub Khan, through autocratic rule was able to

centralize the government without the inconvenience of unstable ministerial coalitions

that had characterized its first decade after independence. Khan brought together an

alliance of a predominantly Punjabi army and civil bureaucracy with the small butinfluential industrial class as well as segments of the landed elite, to replace the

parliamentary government by a system of Basic Democracies. Basic Democracies code

was founded on the premise of Khan's diagnosis that the politicians and their "free-for-

all" type of fighting had had ill effect on the country. He therefore disqualified all oldpoliticians under the Elective Bodies Disqualification Order, 1959 (EBDO). The Basic

Democracies institution was then enforced justifying "that it was democracy that suitedthe genius of the people." A small number of basic democrats (initially eighty thousand

divided equally between the two wings and later increased by another forty thousand)

elected the members of both the provincial and national assemblies. Consequently the

Basic Democracies system did not empower the individual citizens to participate in thedemocratic process, but opened up the opportunity to bribe and buy votes from the

limited voters who were privileged enough to vote.

By giving the civil bureaucracy (the chosen few) a part in electoral politics, Khan had

hoped to bolster central authority, and largely American-directed, programs for Pakistan's

economic development. But his policies exacerbated existing disparities between theprovinces as well as within them. Which gave the grievances of the eastern wing a

potency that threatened the very centralized control Khan was trying to establish. In West

Pakistan, notable successes in increasing productivity were more than offset by growinginequalities in the agrarian sector and their lack of representation, an agonizing process of

urbanization, and the concentration of wealth in a few industrial houses. In the aftermath

of the 1965 war with India, mounting regional discontent in East Pakistan and urban

unrest in West Pakistan helped undermine Ayub Khan's authority, forcing him torelinquish power in March 1969. The September 1965 war between India and Pakistan

showed ugly face of the military government of Ayub Khan. For 17 days, the war brought

real havoc to the lives of many thousands, particularly in West Pakistan. It was a warwithout an aim. It was a war of waste, just for the ego of Pakistan's military rulers and

India's rulers, who were all eager to promote nationalism through war.

Pakistan under Ayub openly and officially advocated the capitalist doctrine of``functional inequality'' on the familiar plea that government should tolerate ``some initial

growth in income inequalities to reach high levels of saving and investment''. A more

outspoken champion of this doctrine was Pakistans Harvard advisor to the Planning

Commission, who espoused the concept of ``social inequality of greed'' by pointing out


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that income inequalities not only contributed to the growth of the economy but also made

possible a real improvement for lower income groups.

Poverty increased to an unprecedented levels and the social development found no place

among the priorities of the dictatorship. The prolongation of the Ayub dictatorship for

almost 11 years was mainly due to high economic growth rates and rapidindustrialisation, which was the result of the spin-off effect of the boom in the West

during the 1950s and the '60s. However, this industrial growth never managed to develop

society and raise the living standards of the people as a whole.

After Ayub Khan, General Agha Muhammad Yahya Khan headed the second military

regime from 1969-1971. By that time the country had been under military rule for

thirteen of its twenty-five years of ex extent to which the process of centralization underbureaucratic and military tutelage had fragmented Pakistani society and politics

istence. This second military regime emphasized the extent to which the process of

centralization under bureaucratic and military tutelage had fragmented Pakistani society

and politics

Background of second martial lawVOICE AGAINST TORTURE came into existence as a reaction to the endemic of torture

in Pakistan. The whole history of Pakistan has been smothered with infractions and

atrocities being committed against the vulnerable. To get a better insight into the

widespread problem of torture in Pakistan, we need to go briefly through a series ofevents, since the creation of the country.

PAKISTAN emerged on the map of the world, in 1947, due to the division of BritishIndia. As a result of the demand for a separate country for Indian Muslims, migration of

millions of people across the borders caused the uprooting of innumerable communities

and massive inter-communal massacres and riots. The newly created country with ahighly traumatized population was easily taken over by a regime that had no sympathy

for the people. The ruling janta governed the country by using religion to accomplish

their political goals. From the very onset, human rights had been of low priority in

Pakistan.

THE FIRST CONSTITUTION of Pakistan was framed in 1956. It did nothing to improvethe situation, while the government continued to possess the powers of arbitrary arrest

and detention without trial.

IN OCTOBER 1958, the constitution was superseded by the imposition of Martial Law.Military Courts and Tribunals were established and endowed with unlimited powers to

arrest, and try political activists. Ayub Khan, the Chief Martial Law Administrator,

imposed a new constitution in 1962. Resentment against this constitution, which too wasrepressive in character, turned into political agitation in 1968.


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IN ORDER to bring the situation under control, a second Martial Law was imposed in

March 1969. Commander-in-Chief of the army, General Yahya Khan, assumed power

both as the Chief Martial Law Administrator and President. The Martial LawAdministration began military action in the eastern part of the country in order to

suppress the right of self-determination of the people; the result was the disintegration of

the country. General Yahya Khan was replaced by Zulfiqar Ali Bhutto-a majority partyleader from West Pakistan, and a Civil Martial Law Administrator. The imposition of

another constitution, in turn, failed to improve the human rights situation in Pakistan.

Police atrocities, torture and repression of political opponents remained the order of theday.

BUT IT WAS not enough and again in July 1977, the Army Chief-of-Staff Zia-ul Haq

imposed another Martial Law in the country the longest and the most ruthless of all.Rapid growth and further institutionalization of torture was observed during this time. A

raw interpretation of religion was used to justify torture, cruel and inhuman treatment,

and punishments.

THE POLITICAL ACTIVISTS were, for the first time, punished by whipping for

political actions, such as making a speech, holding a meeting, or raising a voice againstthe continuation of Martial Law. Political workers, trade unionists, women activities,

lawyers and students were arrested from time to time and kept in detention without trial

for months or even years. Political trials of hundreds of political activists were held

before special or summary military courts, where they were invariably convicted, eventhough evidence against them was often doubtful as well as scanty; given long

imprisonments or heavy fines; and were sometimes sentenced to whipping. In cases

where the arrest of a wanted political worker was not possible, other family memberswere detained in order to wield pressure on him/her. Many of those who were kept in

prison were placed in shackles and bar fetters and remained in isolation for months.

Those detained, were not necessarily taken to prison but were, on many occasions, takento special torture dens, functioning under both the police and the army authorities.

POLITICAL DETAINEES and convicts were not treated in accordance with ordinaryprison rules or even after having remained in detention for the specified term, were not

released and were kept in custody for months. Not only this, but there were cases where

children were detained, imprisoned, and sometimes whipped publicly.

TORTURE CELLS and torturers became a part of the system, probably that was the

reason why the death of General Zia in a plane crash in August 1988, did not mark the

end of torture in Pakistan. The civilian governments that followed could not stop the vastscale of torture being conducted in police stations, prisons and interrogation centers.

Neither the civil nor the Military governments could serve the just purpose, since every

effort that was made to further strengthen and empower the ruler rather than upholdjustice.

AS A CONSEQUENCE, Voice Against Torture (VAT) came into being on 1st January

1988. VAT represents the first organized and systematic effort to combat serious problems


15/35

of torture in Pakistan. It is an inter-disciplinary forum for the struggle against all forms of

torture and for the treatment and rehabilitation of torture survivors and their families.

Professionals from every sphere of life, doctors, psychiatrists, psychologists,physiotherapists, lawyers, social counselors, human rights activists, social workers,

research and documentation experts, put in their efforts to achieve the aims and

objectives of this organization.

Comment: Yahya Khan did not act alone in organising and executing the genocide in

Bangladesh. Other culpable Pakistani military officers include General Tikka Khan,

Chief-of-staff General Pirzada, security chief General Umar Khan and intelligence chief

General Akbar Khan.

Nor does responsibility rest solely with the military. Zulfiqar Ali Bhutto also played a key

role, something that the Hamoodur Rahman Commission set up by him to investigate the

fiasco in East Pakistan later tried to cover up by placing all the blame on Yahya Khan andhis cohorts.

There is also doubt about Yahya Khan's ability to plan and manage a large-scale military

exercise. According to some accounts he was not the brightest spark to ever put on a

general's uniform. The disintegration of the Pakistan Army once India intervened directlyin the war in the East appears to bear this out. It is possible that Yahya Khan was

promoted beyond his ability. His predecessor, Ayub Khan, seems to have considered him

a safe bet who would do what was required without posing a threat.

When the killing went out of control in the East Yahya Khan may not have had the

capacity to stop it. But that is if he wanted to in the first place. One quote attributed tohim reads, "Kill three million of them (the Bengalis) and the rest will eat out of our

hands."

Muhammad Yahya Khan:

General Agha Muhammad Yahya Khan was born at Chakwal in February 1917. His

father, Saadat Ali Khan hailed from Peshawar. After completing his studies from the

Punjab University, Yahya Khan joined the Indian Military Academy at Dehra Dun. Hewas commissioned in the Indian Army in 1938. His early postings were in the North West

Frontier Province. During World War II, he performed his duties in North Africa, Iraq and

Italy. After Independence, Yahya Khan played a major role in setting up the Pakistan Staff


16/35

College at Quetta. During the war of 1965, he commanded an infantry division. He was

appointed Commander-in-Chief of Pakistan Army in 1966 with the rank of General.

When, in 1969, countrywide agitation rendered the situation out of control, Ayub Khandecided to hand over power to the Army Chief, General Yahya Khan. Immediately after

coming to power, Yahya Khan declared Martial Law in the country on March 25, 1969,and assumed the title of Chief Martial Law Administrator. He terminated the Constitution

and dissolved the National and Provincial Assemblies. On March 31, he also becamePresident of the Islamic Republic of Pakistan.

Unlike Pakistan's other military rulers, Yahya Khan was not interested in prolonging his

rule. Immediately after taking charge of the country, he started looking for options

through which he could hand over power to the elected representatives. On March 29,1970, through an Ordinance, he presented an interim Constitution, the Legal Framework

Order. It was actually a formula according to which the forthcoming elections were to be

organized. It goes to the credit of Yahya Khan that the first general elections in the history

of Pakistan were held during his regime in December 1970.

The trouble started when the results of the elections were announced. The Awami League,

under the leadership of Sheikh Mujib-ur-Rahman, swept 160 out of 162 seats allocated to

East Pakistan. However, the party failed to get even a single seat from any province ofthe Western Wing. On the other hand, Zulfiqar Ali Bhutto's Pakistan Peoples Party

emerged as the single largest party from Punjab and Sindh and managed to win 81

National Assembly seats, all from the Western Wing. This split mandate resulted inpolitical chaos where neither Bhutto nor Mujib was ready to accept his opponent as the

Prime Minister of Pakistan. When Bhutto and Mujib failed to reach an understanding

about convening a session of the newly elected National Assembly, the ball fell in Yahya

Khan's court. He handled the situation badly. He used army and paramilitary forces inEast Pakistan to crush the political agitation. This resulted in the beginning of the war

between Pakistan and India in the winter of 1971.

Yahya Khan, as President as well as the Commander-in-Chief of Pakistan Army, failed toplan the war. This ultimately resulted in the defeat of Pakistan, dismemberment of the

country and imprisonment of more than 90,000 Pakistanis. Surrender of Pakistani forces

without any resistance and the fall of Dhaka made Yahya Khan the greatest villain in thecountry. People from all walks of life started criticizing him and thus he was left with no

other option but to hand over the power to the leader of the most popular party of the

remaining part of Pakistan, Zulfiqar Ali Bhutto, on December 20, 1971. Later Bhutto

placed Yahya Khan under house arrest in 1972.

Yahya Khan died on August 10, 1980, in Rawalpindi.


17/35

Career before becoming Chief of Army Staff (COAS)

In 1947 he was instrumental in not letting the Indian officers shift books from the famous

library of theBritish Indian Staff College atQuetta, where Yahya was posted as the onlyMuslim instructor at the time of partition of India.

Yahya became a brigadier at the age of 34 and commanded the 106 Infantry Brigade,

which was deployed on the ceasefire line in Kashmir in 1951-52. Later Yahya, as Deputy

Chief of General Staff, was selected to head the armys planning board set up by Ayub tomodernise the Pakistan Army in 1954-57. Yahya also performed the duties of Chief of

General Staff from 1958 to 1962 from where he went on to command an infantry division

from 1962 to 1965.

Upon the formation of Pakistan, Khan helped set up an officer's school in Quetta, andcommanded an infantry division during theIndo-Pakistani War of 1965. Immediately

after the 1965 war Major General Yahya Khan who had commanded the 7th Division in

Operation Grand Slam was promoted to the rank of Lieutenant General, appointedDeputy Army Commander in Chief and Commander in Chief designate in March 1966.

As Chief of Army Staff (COAS)

Yahya energetically started reorganising the Pakistan Army in 1965. The post 1965

situation saw major organisational as well as technical changes in the Pakistan Army. Till1965 it was thought that divisions could function effectively while getting orders directly

from the armys GHQ. This idea failed miserably in the 1965 war and the need to have

intermediate corps headquarters in between the GHQ and the fighting combat divisionswas recognised as a foremost operational necessity after the 1965 war. In 1965 war the

Pakistan Army had only one corps headquarter (i.e. the 1st Corps Headquarters).

Soon after the war had started the U.S. had imposed an embargo on military aid on both

India and Pakistan. This embargo did not affect the Indian Army but produced majorchanges in the Pakistan Armys technical composition. US Secretary of State Dean Rusk

well summed it up when he said, "Well if you are going to fight, go ahead and fight, butwere not going to pay for it".[5]

Pakistan now turned to China for military aid and the Chinese tankT-59 started replacingthe US M-47/48 tanks as the Pakistan Armys MBT (Main Battle Tank) from 1966. 80

tanks, the first batch ofT-59s, a low-grade version of the Russian T-54/55 series were

delivered to Pakistan in 1965-66. The first batch was displayed in the Joint Services DayParade on 23 March 1966. The 1965 War had proved that Pakistan Armys tank infantry

ratio was lopsided and more infantry was required. Three more infantry divisions (9, 16

and 17 Divisions) largely equipped with Chinese equipment and popularly referred to bythe rank and file as "The China Divisions"were raised by the beginning of 1968. Two

more corps headquarters i.e. 2nd Corps Headquarters (Jhelum-Ravi Corridor) and 4th

Corps Headquarters (Ravi-Sutlej Corridor) were raised.
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In the 1965 War India had not attacked East Pakistan which was defended by a weak two-

infantry brigade division (14 Division) without any tank support. Yahya correctly

appreciated that the geographical as well as operational situation demanded an entirelyindependent command set up in East Pakistan. 14 Divisions infantry strength was

increased and a new tank regiment was raised and stationed inEast Pakistan. A new

Corps Headquarters was raised in East Pakistan and was designated as HeadquartersEastern Command. It was realised by the Pakistani GHQ that the next war would be

different and East Pakistan badly required a new command set up.

Ayub Khan was President of Pakistan for most of the 1960s, but by the end of the decade,

popular resentment had boiled over against him. Pakistan had fallen into a state ofdisarray, and he handed over power to Yahya Khan, who immediately imposed martial

law. Once Ayub handed over power to Yahya Khan on 25 March 1969 Yahya inherited a

two-decade constitutional problem of inter-provincial ethnic rivalry between the Punjabi-

Pashtun-Mohajirdominated West Pakistan province and the ethnically Bengali MuslimEast Pakistanprovince. In addition Yahya also inherited an 11 year old problem of

transforming an essentially one man ruled country to a democratic country, which was theideological basis of the anti-Ayub movement of 1968-69. Herein lies the key to Yahyas

dilemma. As an Army Chief Yahya had all the capabilities, qualifications and potential.

But Yahya inherited an extremely complex problem and was forced to perform themultiple roles of caretaker head of the country, drafter of a provisional constitution,

resolving the One Unit question, satisfying the frustrations and the sense of exploitation

and discrimination successively created in the East Wing by a series of government

policies since 1948. All these were complex problems and the seeds of Pakistan Armysdefeat and humiliation in December 1971 lay in the fact that Yahya Khan blundered

unwittingly into the thankless task of fixing the problems of Pakistans political andadministrative system which had been accumulating for 20 years and had their actualorigins in the pre-1947 British policies towards the Bengali Muslims.

The American authorZiring observed that, "Yahya Khan has been widely portrayed as aruthless uncompromising insensitive and grossly inept leaderWhile Yahya cannot

escape responsibility for these tragic events, it is also on record that he did not act

aloneAll the major actors of the period were creatures of a historic legacy and a

psycho-political milieu which did not lend itself to accommodation and compromise, tobargaining and a reasonable settlement. Nurtured on conspiracy theories, they were all

conditioned to act in a manner that neglected agreeable solutions and promoted violent

judgements

Yahya Khan attempted to solve Pakistans constitutional and inter-provincial/regional

rivalry problems once he took over power from Ayub Khan in March 1969. The tragedyof the whole affair was the fact that all actions that Yahya took, although correct in

principle, were too late in timing, and served only to further intensify the political

polarisation between the East and West wings.
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He dissolved the one unit restoring the pre-1955 provinces of West Pakistan

Promised free direct, one man one vote, fair elections on adult franchise, a basic

human right which had been denied to the Pakistani people since the pre-independence 1946 elections by political inefficiency, double play and intrigue,

by civilian governments, from 1947 to 1958 and by Ayubs one man rule from

1958 to 1969.

However dissolution of one unit did not lead to the positive results that it might have ledto in case "One Unit" was dissolved earlier. Yahya also made an attempt to accommodate

the East Pakistanis by abolishing the principle of parity, thereby hoping that greater share

in the assembly would redress their wounded ethnic regional pride and ensure the

integrity of Pakistan. Instead of satisfying the Bengalis it intensified their separatism,since they felt that the west wing had politically suppressed them since 1958. Thus the

rise of anti West Wing sentiment in the East Wing.

The last days of united Pakistan

Yahya announced in his broadcast to the nation on 28 July 1969, his firm intention to

restore Bengali grievances, the first major step in this direction being, the doubling of

Bengali quota in the defence services. It may be noted that at this time there were justSeven infantry battalions of the East Pakistanis. Yahyas announcement, although made

with the noblest and most generous intentions in mind, was late by about twenty years.

Yahyas intention to raise more pure Bengali battalions was opposed by Major General

Khadim Hussain Raja, the General Officer Commanding 14 Division in East Pakistansuggesting that the Bengalis were "too meek".

Within a year he had set up a framework for elections that were held in December of

1970. The results of the elections saw Pakistan split into its Eastern and Western halves.In East Pakistan, the Awami League (led by Mujibur Rahman) held almost all of the

seats, but none in West Pakistan. In West Pakistan, the Pakistan Peoples Party (led by

Zulfiqar Ali Bhutto) won the lion's share of the seats, but none in East Pakistan. Though

AL had 162 seats in the National Assembly against 88 of PPP,this led to a situation whereone of the leaders of the two parties would have to give up power and allow the other to

be Prime Minister of Pakistan. The situation also increased agitation, especially in East

Pakistan as it became apparent that Sheikh Mujib was being denied of his legitimateclaim to be the Prime Minister of Pakistan.

Yahya Khan could not reach a compromise, and instead cracked down on the political

agitation in East Pakistan with a massive campaign ofgenocide named by "Operation

Searchlight" which began on 25th March, 1971, targeting, among others, Muslims,Hindus, Bengali intellectuals, students and political activists. 3 million people in the east

Pakistan were killed in the next few months along with an another 0.4 million women

were raped by the Pakistan army officials within the cantonment area. Khan also arrestedSheikh Mujibur Rahman upon Bhutto's insistence and appointed BrigadierRahimuddin
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Khan (later General) to preside over a special tribunal dealing with Mujib's case.

Rahimuddin awarded Mujib the death sentence,[citation needed] and President Yahya put the

verdict into abeyance. Yahya's crackdown, however, had led to a civil warwithinPakistan, and eventually drew India into what would extend into the Indo-Pakistani War

of 1971. The end result was the establishment ofBangladesh as an independent republic,

and this was to lead Khan to step down. After Pakistan was defeated in 1971, most of theblame was heaped on Yahya.

As President Khan helped to establish the communication channel between the United

States and the People's Republic of China, which would be used to set up the Nixon trip

in 1972.

Fall from power

Later overwhelming public anger over Pakistan's defeat by India and the division of

Pakistan into two parts boiled into street demonstrations throughout Pakistan, rumours of

an impending coup d'tat by younger army officers against the government of PresidentMohammed Agha Yahya Khan swept the country. Yahya became the highest-ranking

casualty of the war: to forestall further unrest, on December 20,1971 he hastily

surrendered his powers to Zulfikar Ali Bhutto, age 43, the ambitious leader ofWestPakistan's powerful People's Party.

On the same day that Zulfikar Ali Bhutto released Sheikh Mujibur Rahman and saw him

off to London, Pakistan President Zulfikar Ali Bhutto, in a supreme irony, ordered the

house arrest of his predecessor, Agha Mohammed Yahya Khan, the man who imprisonedMujib in the first place. Both actions produced headlines round the world. But in Pakistan

they were almost overshadowed by what Bhutto grandly called "the first steps toward an

economic and social revolution."

Constitutional development

Ayub Khan's dissemination of the Constitution of 1962 provoked massive and long-

drawn protest from different sections of the population in both the wings of Pakistan. In

the face of popular resistance President Ayub Khan stepped down in favor of GeneralYAHYAKHAN, the Chief of Army Staff of Pakistan. He, as the Chief Martial Law

Administrator, promulgated martial law in Pakistan on 25 March 1969, abrogated the

Constitution of 1962 and dissolved the National Assembly, the two provincial assembliesand the cabinets. He placed the two provinces in charge of two Martial Law

Administrators and appointed himself the President of Pakistan on 31 March 1969. On 28

November General Yahya Khan declared that elections for the National Assembly would

be held in 1970. For the purpose, he lifted the ban on political activities from 1 January1970 and in order to give a legal cover to the incoming general elections, he promulgated

a Legal Framework Order on 30 March. The new constitution was to be framed on the

basis of the Order.
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The main features of the Legal Framework Order were as follows :

(i) The election would be held on the basis of universal adult franchise.

(ii) The National Assembly would consist of 313 members of whom East Pakistan would

have 169 and West Pakistan 144 members on the basis of population. Each ProvincialAssembly would have 300 seats.

(iii) The Constitution of Pakistan shall be framed within 120 days of the first sitting of

the National Assembly.

(iv) The Islamic character of the constitution must be maintained.

The elections were held in December 1970 and in some constituencies in January 1971.The AWAMILEAGUE, securing 167 out of 169 seats, emerged as the majority party. The

People's Party in West Pakistan secured 88 out of 144 seats. The National Assembly was

convened on 3 March 1971. But General Yahya Khan announced the postponement of thesession of the National Assembly on 1st March 1971. The announcement sparked off a

series of events, uprisings and finally the onset of the WAROFLIBERATION. All these led to

the dismemberment of Pakistan and the emergence of Bangladesh as an independent stateon 16 December 1971.

Constitutional history since 1972

Following the Pakistani military crackdown on 25 March 1971, the elected members of

the National Assembly and Provincial Assembly met at Mujibnagar, constituted

themselves into a Constituent Assembly and formed a Government of Bangladesh-in-

exile with a view to legalising the War of Independence. They adopted a legal instrument,the PROCLAMATIONOFINDEPENDENCE on 10 April 1971 with retrospective effect from 26th

March. The Proclamation served as the Provisional Constitution. It provided for apresidential system of government in Bangladesh. The President was declared the

supreme commander of the armed forces; he was to exercise all executive, legislative and

judicial powers of the republic; he had the powers to summon and adjourn the constituentassembly and do 'all other things that may be necessary to give to the people of

Bangladesh an orderly and just government'. He had the power to appoint the prime

minister. This legal document became the fountain of law and authority.

The Proclamation of Independence made Bangladesh a sovereign People's Republic. It

further declared that Bangladesh would observe and give effect to all duties andobligations that devolved on it as a member of the family of nations under the Charter of

the United Nations. With the establishment of Bangladesh as a sovereign Republic after

the surrender of the Pakistan Army on 16 December 1971, this proclamation remained asignificant document both from the historical and constitutional point of view, and it

continued to remain the fundamental law of the land till the framing of the constitution.
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The Laws Continuance Enforcement Order The Acting President, in exercise of the

powers conferred on him by the Proclamation, issued the Laws Continuance Enforcement

Order on 10 April 1971. It was made effective from 26 March 1971 in order to ensurecontinuity in all areas of administration. This order legalized and made effective all the

existing laws inherited from Pakistan subject to the proclamation. It provided that all

officials of the government, civil, military, judicial and diplomatic, who would take theoath of allegiance to Bangladesh, would continue in their offices on terms and conditions

of service so long enjoyed by them. The administration of such oath was to be arranged

by the district judges, magistrates and diplomatic representatives within theirjurisdictions.

THE MARTIAL LAW IN PAKISTAN. FIELD MARSHAL AYUB KHAN

RESIGNS

Public Record Office

REF: FCO 37/467

British High Commission,Rawalpindi.

2 April, 1969

The Right Honourable

Michael Stewart, C.H., M.P.,etc., etc., etc.

Foreign and Commonwealth Office,

London S.W.1.

Martial Law in Pakistan

Sir,

I have the honour to report that Field Marshal Mohammad Ayub Khan

resigned from the office of President of Pakistan on the 25th of March,and handed over power to the Commander-in-Chief of the Army,

General Agha Mohammad Yahya Khan. General Yahya immediately

declared martial law. On the 31st of March, he assumed the title ofPresident.


23/35


24/35

other reforms that were needed. He also promised to deal with the just

complaints of workers, students and peasants. Six days later, on the 31st

of March, General Yahya announced that he was taking over the office ofPresident "as from 25 March" for the performance of essential acts of

State and in accordance with the requirements of international practice

and usage."

4. I believe that the decision to resign was Ayub's own, in consultation

with his civil and military advisers. I also believe that General Yahya,with whom Ayub had in the previous weeks been on excellent terrns, had

long ago decided that it would be a mistake for the Army to bolster up

the Ayub regime or to support any political rival, not least because he

was doubtful how far he would have the support of his generals for anysuch course. Nevertheless for the last six weeks he had been a worried

man as he saw the law and order situation deteriorating and a threat to

the cohesion of the country and its armed forces developing. He was

convinced that the Army must if necessary do its duty to protect theintegrity of the country, but felt that if the Army had to be brought in, it

should be as a completely new administration, a clean break from Ayub'sregime. This view of Yahya's, sound in my view, combined with Ayub's

own sense of defeat, meant the complete handover which took place.

5. The imposition of Martial Law coincided with some evidence boththat the situation was improving, and that the Ayub Government's will to

contain the disturbances was returning. For some weeks before the 15th

of March there had been widespread disturbances, in urban areas of WestPakistan and in both the main towns and some rural areas in East

Pakistan, involving mob vengeance on alleged criminals, attacks on

officials, and strikes and gheraos against industrial firms. Pakistani andparticularly British press accounts greatly exaggerated the extent of these

disorders, and added to the general alarm by emphasizing the savagery

of the mobs. In fact thenumber of Basic Democrats killed was about a dozen out of 40,000;

most incidents were not political at all but rather the continuance of local

feuds, and not many more than 100 were killed in the month of riots,

which by the standards of this part of the world is not large comparedwith previous disturbances or even the normal civil murder rate.

Nevertheless the situation appeared to be out of hand, and by and large

the authorities had failed to intervene.

6. But from the 15th of March there were several indications of restored

confidence. On the 15th of March the appointment of Yusuf Haroon (aman Ayub disliked but who was acceptable to the Opposition) as

Governor of West Pakistan was announced. On the 19th of March the

Home Minister, vice-Admiral A.R. Khan gave a strong address to a press

conference where he warned that the provincial governments were to get


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tough with the law-breakers, using the military where necessary. On the

same day, in Parbatipur, East Pakistan, the East Pakistan Rifles were

brought in to restore order after disturbances; and armed police wereused in Comilla. And on the 21st of March the appointment of Huda as

Governor of East Pakistan was announced. For some days previously,

most opposition politicians had been appealing to their supporters tomaintain peace and orders and there were signs, in the rapid formation of

local committees of peace-keeping vigilantes in East Pakistan, that this

was having some effect. The incidence of arson, murder and riot was onthe decline.

7. All these may be taken as instances of a situation potentially

improving from one where martial law might be required, to one wherethere could still be hope that the political processes which Ayub set in

motion with his broadcast of the 1 st of February could lead to a

satisfactory settlement of most of the popular demands for reform. An

indication of the Government's own continued, if' qualified, good faith inusing the political process was the publication on the 20th of March, of

the Government's own Constitutional Amendment Bill, which offeredrather greater amendments to the Constitution than merely adult suffrage

and the parliamentary system. It was announced that the Assembly

would be convened to discuss the bill "within a month."

8. And yet on the 24th of March Ayub wrote to Yahya to ask him to take

over. The all-important factor was, I believe, the constitutional

amendment bill prepared by the six-point Awami League as analternative to the Government bill for debate by the National Assembly.

This was presented to the President by Mr. A.M.H. Qamaruzzaman,

MNA, General Secretary of the Awami league and prime sponsor of thebill, on the 23rd of March. Although the bill gave slightly more power to

the centre than the extreme position of the Awami League, it only added

currency and a nominal state bank to defence and foreign affairs. Mostimportant, it envisaged a subfederation of four units within West

Pakistan as well as near complete autonomy for the two wings.

9. Had Ayub been certain that this bill, when put before the Assembly,would be defeated, and the Government's bill passed, he might well have

allowed the political process to continue. Nominally the Government

Pakistan Muslim League (PML) is overwhelmingly predominant in theNational Assembly. But so strong had

become the popular support in East Pakistan and several parts of West

Pakistan for the idea of regional autonomy including the break-up ofOne Unit that many PML members would fear for their lives and

property if they voted for the Government's bill or against that of the

Awami League. Also many PML members from West as well as East

Pakistan, would now be genuinely inclined to vote for the Awami


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League's constitutional formula. All this meant that the Government bill

might well not win the 104 votes needed (out of 156) even if lingering

West Pakistan Government loyalists prevented the Awami League's billfrom passing either.

10. Ayub's reasoning thus appeared to have been that if such aparliamentary deadlock was likely a month ahead, leading to the need,

then, for Martial Law, West Pakistan as well as East might be

uncontrollable. Even Daultana, the conservative opposition Punjabi,came out against "One-Unit" on 21 March; Bhutto followed suit on the

24th. The appeal to so many in the non-Punjabi areas of West Pakistan of

the "sub-federation" included in the Awami League's bill might prove to

be such that the defeat of the bill and any consequent proclamation ofMartial Law would lead to impossible disruption even in the West Wing.

Beside this consideration the promising signs of the days before became

almost irrelevant, affecting as they did only the immediate situation. The

hand over to the Army and the imposition of Martial Law thus can beseen as a decision that the integrity of Pakistan must be preserved for as

long as possible and that at all costs the manoeuvreing of East Pakistanipoliticians should not be allowed to break up the unity of West Pakistan

as well.

11. Martial Law has immediately calmed the situation. Although somepeople (21 in Karachi and 31 altogether in East Pakistan) have been

arrested under Martial Law for such offences as organising strikes, there

has been a restoration of law and order and industrial peace. Factories inboth Wings are now working at full stretch. Streets are being rapidly

cleaned up and all visible signs are being shown of briskness and

attention to duty on the part of those officials who, only a few days ago,were fleeing from their offices or going on strike in support of their own

grievances.

12. General Yahya's style is carefully pitched in a low key. He is

operating, in contrast to his usual practice as Commander-in-Chief,

without great fanfare. He was most reluctant to take on the title of

President and was only persuaded to do so by the lawyers who said itwas necessary for over-riding administrative and protocol reasons. The

editor of the Pakistan Times was reprimanded for using the phrase "the

Yahya regime" in an editorial of the 28th March. Yahya has so far madeno public appearances and instructions have been issued to the press that

laudatory messages about Martial Law are not to be published. He has

promised to bring to an end administrative laxity and indecisiveness. Hehas not banned political parties, nor has he imposed press censorship;

and he has stated that free and impartial elections will be held.

13. Although the reports of chaos in East Pakistan were much


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exaggerated it remains true that the instability of the political leaders,

especially Bhashani and Mujibur Rahman, was causing more and more

concern to their more level headed followers. During March a largenumber of middle class Pakistanis had reached the conclusion that

political developments were leading to the complete collapse of the

economy of the country and of law and order. Moreover, despite theincidents reported in East Pakistan the political excitement was largely

an urban phenomenon and large areas of the countryside, including parts

of East Pakistan, remained comparatively unaffected by the politicalferment. The Pakistani, and above all the Bengali, is extremely volatile.

Sycophantic to authority but savage and destructive when they think

they wield power themselves, the Pakistanis are inclined to move from a

state of complete indiscipline to ready subservience to a strong authority.The ability of a Martial Law authority to impose order depended on a

sense of timing. For once - it has been rare during the last few months

for any decision to be taken to the right moment tactically -- the decision

appears to have come at precisely the right time and to the great reliefand astonishment of most Pakistanis they have returned, at least

temporarily, to a period of peace and calm.

14. General Yahya is faced with many difficult problems. In the short

term he will probably be successful in maintaining law and order and

creating conditions in which Pakistan's economy, at least in the West, canmake a rapid recovery. It will be assisted this year by an extremely good

harvest in West Pakistan, which is likely to be over seven millions tons

of wheat. In East Pakistan the problems are much more formidable. Thewhole structure of administration has to be painfully built up again if

food production is not to decline disastrously. The marketing of jute may

present some problems in the new season and the jute mills will takesome time to recover from their setback in recent weeks. Moreover,

although many people in East Pakistan are relieved at the return of peace

and order nevertheless there are very few who are prepared actively toidentify themselves with General Yahya's regime in case this will expose

them to danger when Martial Law is at an end.

15. General Yahya has announced that his purpose is to hold the ringwhile elections are organised. The continued acceptance of the regime by

the populace may well depend on General Yahya's producing evidence

that positive steps are being taken to fulfil this purpose in the foreseeablefuture and that Martial Law will not be of indefinite duration. It is,

however, very hard to see how a Martial Law regime can retain its

authority and at the same time permit political electioneering. I do notthink that General Yahya and his officers have begun to think out how, in

fact, there can be a transition from Martial Law to elections in a

constituent Assembly. One possible first step would be to instruct the

Martial Law Administrator to supervise the drawing up of


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comprehensive electoral rolls, as these were previously in a mess. In the

shortterm there is the problem of how the policy matters of the

Government are to be handled without the Army becoming involved inpolitics. In the longer term too, they are faced with the problem whether

the Army is prepared in the long run to acquiesce in a decision by

democratically elected representatives to weaken the power of the centreand increase provincial autonomy to the point at which East Pakistanis

are largely running their own affairs.

16. I myself doubt whether General Yahya will be prepared to step down

in a situation in which the powers of the Central Government are in

danger of erosion and the Armed Services seem likely to be undermined.

On the other hand, I do not believe that 20,000 West Pakistani troops candominate 65 million East Pakistanis

for more than a short period. This is a situation which calls for wisdom,

statesmanship, _ decisiveness and normal courage. In the last resort

Field Marshal Ayub, despite his great stature, was not great enough orsufficiently politically responsive to handle the situation. General Yahya

may grow in stature with the task which he has to tackle. The situation isnow more complex than that which faced the former President and will

require immense political sagacity as well as administrative

decisiveness. There is as yet little evidence on which to base any

confidence about Pakistan's future.

17. I am sending a copy of this despatch to Her Majesty's Ambassadors

at Washington, Tehran and Kabul, and the High Commissioner in NewDelhi.

Political Background (1947-1970)

Transition to Nationhood (1947-58)

Pakistan was born in bloodshed and came into existence on August 15, 1947, confronted

by seemingly insurmountable problems.

1. The rehabilitation of 12 million people involved in the mass transfer of populationbetween the two countries.

2. Pakistan's boundaries were established hastily and

3. The minimal requirements of a working central government were missing.4. Until 1947 the East Wing of Pakistan, had been heavily dependent on Hindu

management. After partition people from West Pakistan took their place.

5. After partition, Muslim banking shifted from Bombay to Karachi.6. Much of the investment in East Pakistan came from West Pakistani banks. Because of

this the Bengalis found themselves excluded from the managerial level and from skilled

labor and West Pakistanis tended to favor Urdu-speaking Biharis.7. Pakistan had a severe shortage of trained administrative personnel. The Muslim


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Bengalis didn't have any past administrative experience because of which high-level

posts in Dhaka, were usually filled by West Pakistanis or by refugees from India who had

adopted Pakistani citizenship.8. One of the most divisive issues was the question of what the official language of the

new state was to be. Every province was upset that their language will be a second-class

language. In East Pakistan, the dissatisfaction quickly turned to violence. The Bengalisconstituted a majority (an estimated 54 percent) of Pakistan's entire population. In 1954,

the National Assembly designated "Urdu and Bengali and such other languages as may be

declared" to be the official languages of Pakistan.

The government machinery established at independence was similar to the viceregalsystem that had prevailed in the pre-independence period. When Quaid-e-Azam died in

September 1948, the seat of power shifted from the governor general to the Prime

Minister, Liaquat Ali Khan. After the assassination of Liaquat Ali Khan on October 16,1951, Pakistan faced an unstable period that would be resolved by military and civil

service intervention in political affairs. The Constituent Assembly was an ineffective

body, which took almost nine years to draft a constitution, which for all practicalpurposes was never put into effect.A conservative Bengali, Governor General Khwaja Nazimuddin, succeeded Liaquat Ali

Khan as Prime Minister. Former finance minister Ghulam Mohammad, a Punjabi career

civil servant, became governor general.

In 1953 Ghulam Mohammad dismissed Prime Minister Nazimuddin, established martial

law in Punjab, and imposed governor's rule (direct rule by the central government) in

East Pakistan.

In 1954 He appointed his own "cabinet of talents." Mohammad Ali Bogra, another

conservative Bengali and previously Pakistan's ambassador to the United States and theUnited Nations, was named prime minister. Also In East Pakistan, the Muslim League

was overwhelmingly defeated in the provincial assembly elections by the United Front

coalition of Bengali regional parties anchored by Fazlul Haq's, Krishak Sramik,Samajbadi Dal (Peasants and Workers Socialist Party) and the Awami League (People's

League) led by Hussain Shaheed Suhrawardy. Rejection of West Pakistan's dominance

and the desire for Bengali provincial autonomy were the main ingredients of thecoalition's twenty-one-point platform.

In September-October 1954 Prime Minister Bogra tried to limit the powers of Governor

General Ghulam Mohammad. The governor general, however, enlisted the tacit supportof the army and civil service, dissolved the Constituent Assembly, and then formed a new

cabinet. Bogra, a man without a personal following, remained Prime Minister but without

effective power. General Sikander Mirza, who had been a soldier and civil servant,became minister of the interior; General Mohammad Ayub Khan, the army commander,

became minister of defense; and Choudhry Mohammad Ali, former head of the civil

service, remained minister of finance

In September, 1955 Bogra fell in August and was replaced by Choudhry; GhulamMohammad, plagued by poor health, was succeeded as governor general in by Mirza.

In 1956 the four provinces of West Pakistan were amalgamated into one administrative


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1. The annual rate of growth of the gross domestic product per capita was 4.4 percent in

West Pakistan versus a poor 2.6 percent in East Pakistan.

2. Bengali politicians complained that much of Pakistan's export earnings were generatedin East Pakistan by the export of Bengali jute and tea.

3. As late as 1960, approximately 70 percent of Pakistan's export earnings originated in

the East Wing.4. By the mid-1960s, the East Wing was accounting for less than 60 percent of the

nation's export earnings, and by the time of Bangladesh's independence in 1971, this

percentage had dipped below 50 percent. Mujib demanded in 1966 that separate foreignexchange accounts be kept and that separate trade offices be opened overseas. Also West

Pakistan was benefiting from Ayub's "Decade of Progress," with its successful "green

revolution" in wheat, and from the expansion of markets for West Pakistani textiles, while

the East Pakistani standard of living remained at an abysmally low level. Bengalis werealso upset that West Pakistan, because it was the seat of government, was the major

beneficiary of foreign aid.

Emerging Discontent (1966-70)

In 1966 Mujib announced his controversial six-pointpolitical and economic program for East Pakistani

provincial autonomy. He demanded: -

1. The government be federal and parliamentary in nature,its members to be elected with legislative representation on

the basis of population

2. The federal government have principal responsibility for

foreign affairs and defense only3. Each wing have its own currency and separate fiscal

accounts4. Taxation would occur at the provincial level, with afederal government funded by constitutionally guaranteed

grants

5. Each federal unit could control its own earning of foreign exchange; and6. Each unit could raise its own militia or paramilitary forces.

Mujib's six points ran directly counter to President Ayub's plan for greater national

integration.

In January 1968 the government arrested Mujib.

On 1968 Ayub suffered a number of setbacks in. His health was poor, and he was almostassassinated at a ceremony marking ten years of his rule.

On February 21, 1969, Ayub announced that he would not run in the next presidential

election in 1970. A state of near anarchy reigned with protests and strikes throughout the

country.

Sheikh Mujibur-Rehman


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On March 25,1969, Ayub resigned and handed over the administration to the commander

in chief, General Agha Mohammad Yahya Khan. Yahya announced that he considered

himself to be a transitional leader whose task would be to r

Documents

2nd Martial Law - Seminar[1]. PCDP