THE HAMOODUR RAHMAN REPORT: ANNEXURE
Lahore, the 1st June, 1974
The War Inquiry Commission which has been asked by the government of Pakistan to resume its deliberations and submit a final report was appointed by the then President of Pakistan, Mr. Zulfikar Ali Bhutto, on the 26th December, 1971 to enquire into the circumstances in which the Commander, Eastern Command surrendered and the members of the armed forces of Pakistan under his command laid down their arms and a ceasefire was ordered along the borders of West Pakistan and India and along the ceasefire line in the State of Jammu and Kashmir. The Commission is headed by the Chief Justice of Pakistan, Mr. Justice Hamoodur Rahman. The other two members of the Commission are Mr. Justice S. Anwarul Haq, Judge, Supreme Court of Pakistan and Mr. Justice Tufaif Ali Abdur Rahman, Chief Justice of Sid and Baluchistan High Court. Lt. Gen (Rtd) Altaf Qadir and Mr. M.A Latif, Assistant Registrar of the Supreme Court of Pakistan are Military Adviser and Secretary of the Commission, respectively.
The Commission which had started its proceedings in camera in Rawalpindi on the 1st February, 1972 recorded evidence of 213 witnesses. It had submitted its report to the then President of Pakistan on the 12th July, 1972. In the Report the Commission had observed that its findings with regard to the causes of surrender in East Pakistan were only tentative. It, therefore, recommended that as and when the Commander, Eastern Command and other senior officers who were in India at that time were available, a further inquiry should be held into the circumstances which led to the surrender in East Pakistan. Now that all the prisoners of war and civil internees have returned to Pakistan, the Government has asked the Commission to complete this part of its inquiry.
A temporary office of the Commission has been set up for the present in the Supreme Court building at Lahore and the Commission has decided that before commencing its proceeding a place to be announced later on the members of the public civil services and the armed forces who were either prisoners of war in India or were otherwise repatriated from East Pakistan should be given an opportunity to furnish to the commission such relevant information as may be within their knowledge relating to the causes of surrender in East Pakistan. This information should be submitted in writing, preferably 5 copies, as briefly as possible by the 30th June, 1974 at the latest to the Secretary of the Inquiry Commission care of Supreme Court of Pakistan, Lahore. The informant should also state whether he will be willing to appear before the Commission.
All such information and particulars of the persons given the information will be strictly confidential. It may be mentioned that according to a public announcement of the Government of Pakistan published in newspapers on the 11th January, 1972 all proceedings before the Commission would be in camera and the statements made before and addressed to it would be absolutely privileged and would not render a person making any such statement ... in its task.
6. The Army's involvement in civil administration did not come to an end even with the installation of a civilian governor (viz. Dr. A. M Malik), and the ministers appointed by him. The observations made in this behalf by Maj Gen. Rao Farman Ali (Witness No. 284), who held the appointment of Maj General (Civil Affairs) in the governor's Secretariat are worth quoting:
"A fully civil government could not be formed in East Pakistan as had been announced by the ex-President. Dr. Malik an old man and politician had a weak personality. He could not annoy, the Martial Law Administrator (Lt. Gen. A.A.K. Niazi) also because of the unsettled conditions obtaining in the Wing. Gen Niazi, on the other hand, cherished and liked power, but did not have the breadth of vision or ability to understand political implications. He did not display much respect for the civilian Governor; The Army virtually continued to control civil administration".
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. Salcemullah, 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 food grains 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.