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Introduction
Reasons for Supplementary Report
This commission
of Inquiry was appointed by the President of Pakistan in December,
1971 to inquire into and find out "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
cease-fire was ordered along the borders of West Pakistan and India
and along the cease-fire line in the State of Jammu and Kashmir."
After having examined 213 witnesses the Commission submitted its
report in July 1972.
2. Before we submitted that report of necessity we did not have
the evidence of most of the persons taken as prisoners of war, including
the major personalities, who played a part in the final events culminating
in the surrender in East Pakistan with the exception only of Major
General Rahim. Although we did our best to reconstruct the East
Pakistan story with the help of such material, as was then available,
inevitably our conclusions had to be of a tentative character. We
also felt that since we had found reasons adversely to comment upon
the performance of some of the major figures involved it would have
been unfair to pass any final judgment upon them without giving
them an opportunity of explaining their own view point. For this
reason we said that "our observations and conclusions regarding
the surrender in East Pakistan and other allied matters should be
regarded as provisional and subject to modification in the light
of the evidence of the Commander, Eastern Command, and his senior
officers as and when such evidence becomes available." (Page 242
of the Main Report).
Commission Reactivated 3. Accordingly, after the prisoners of war
and the civil personnel who had also been interned with the military
personnel in India returned to Pakistan, the Federal government
issued a notification directing "that the Commission shall start
inquiry at a place and on a date to be fixed by it and complete
the inquiry and submit its report to the President of Pakistan,
with its findings as to the matters aforesaid, within a period of
two months commencing from the date the commission starts functioning."
A copy of this notification is annexed as Annexure A to this Chapter.
Lt. Gen. (Retd.) Altaf Qadir, who had also previously acted as Military
Adviser to the Commission, was re-appointed as such as also was
Mr. M.A Latif as Secretary to the Commission. At the request of
the commission the government also appointed Col. M.A Hassan as
Legal Advisor.
4. The commission issued a Press Release on the 1st June, 1974 offering
an opportunity to the prisoners of War and others repatriated from
East Pakistan to furnish such information as might be within their
knowledge and relevant to the purposes of the Commission. A copy
of this Press Release is in Annexure B to this Chapter.
Proceedings
5. Commission held an informal meeting at Lahore on the 3rd June
1974 to consider various preliminary matters and then decided to
resume proceedings at Abbottabad from the 16th July 1974. In the
meantime a number of questionnaires were issued to various persons,
including those who were at the helm of affairs in East Pakistan,
at the relevant time and others whom we considered likely to have
relevant knowledge. Statements were also sent from members of armed
forces, civil services and the police services involved and we then
proceeded after scrutiny of these statements to summon the witnesses.
We recorded evidence of as many as 72 persons and these included
particularly Lt. Gen. A.A.K. Niazi, Commander Eastern Command, Major
Generals Farman Ali, Jamshed ad the generals who held during the
relevant time commands of divisions, Rear Admiral Sharif, who was
the senior most Naval Officer, Air Commodore Inam the senior most
Air Officer, and civilian personnel, including the then Chief Secretary
Mr. Muzaffar Hussain and the Inspector General of Police Mr. Mahmood
Ali Chaudhury. Besides, Maj. Gen. Rahim was reexamined. The only
exception which was unavoidable was that Dr. Malik who till very
nearly the end was the Governor of East Pakistan, but in his case
also we had firsthand evidence of every important event and we,
therefore, now feel ourselves competent to submit our final conclusions.
6. After the examination of evidence the Commission, finding itself
unable to submit its report for a number of reasons by the 15th
of September 1974, asked for time which was extended till the 15th
of November 1974 and again till the 30th November 1974. At the conclusion
of the recording of evidence on the 5th September 1974 we had to
disperse principally because two of us were required to attend the
special session of the Supreme Court at Karachi from the 9th to
the 21st September, 1974 and the President had also to proceeded
to Geneva to attend an International Conference. We, therefore,
reassembled on the 23rd of October, 1974 at Abbottabad to prepare
this Supplement to our main report.
Scheme of the Supplementary Report
7. In general although we have examined a considerable volume of
fresh evidence we have found no reason whatever to modify the conclusions
that we reached and stated in the Main Report; if anything by reasons
of more detailed information we are confirmed in those conclusions.
We, therefore, propose to avoid a repetition of what we stated in
the Main Report except to some slight degree necessary for restating
briefly some of the conclusions with which we are principally concerned
in this supplement.
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