21. Accordingly on the 10th December 1971 by message No. A-7107 the Governor informed the president what he had done. (By some clerical mistake two messages bear the same number A-7107 as is the case in respect of two other messages both of which bear the number G-0002):
"for PRESIDENT OF PAKISTAN (.) your G-0001 of 092300 DEC (>) as the responsibility of taking the final and fatal decision has been given to me I am handing over the following note to ASSISTANT SECRETARY GENERAL MR. PAUL MARK HENRY after your approval (.) note begins (.) it was never the intention of the armed forces of PAKISTAN to involve themselves in an all out war on the soil of EAST PAKISTAN (.) however a situation, arose which compelled the armed forces to take defensive action (.) the intention of the GOVERNMENT OF PAKISTAN was always to decide the issue in EAST PAKISTAN by means of a political solution for which negotiations were afoot (.) the armed force, have fought heroically against heavy odds and can still continue to do so but in order to avoid further bloodshed and less of innocent lives I am making the following proposals (.) as the conflict arose as a result of political causes, it must end with a political solution (.) I therefore having been authorised by the PRESIDENT OF PAKISTAN do hereby call upon the elected representatives of EAST PAKISTAN to arrange for the peaceful formation of the government in DACCA (.) in making this offer I feel duty bound to say the will of the people of EAST PAKISTAN would demand the immediate vacation of their land by the Indian forces as well (.) I therefore call upon the UNITED NATIONS to arrange for a peaceful transfer of power and request (.) one (.) an immediate cease-fire (.) two (.) repatriation with honour of the armed forces of PAKISTAN TO WEST PAKISTAN (.) three (.) repatriation of all WEST PAKISTAN personnel desirous of returning to WEST PAKISTAN (.) four (.) the safety of all persons settled in EAST PAKISTAN since 1947 (.) five (.) guarantee of no reprisals against any person in EAST PAKISTAN (.) in making this offer, I want to make it clear that this is a definite proposal for peaceful transfer of power (.) the question of surrender of the armed forces would not be considered and does not arise and if this proposal is not accepted the armed forces will continue to fight to the last man (.) note ends (.) GEN. NIAZI has been consulted and submits himself to your command."
22. We then come to the 9th December, 1971 on which date the well known message, which General Rao Farman Ali is alleged to have issued, was delivered to the Assistant Secretary of the United nations Mr. Paul Mark Henry. There is no denying that this message had a disastrous effect upon our stand in the United Nations; at that time it was thought, and it certainly was our impression also when we wrote the Main Report, that General Rao Farman Ali apparently issued this on his own. We are now convinced that this is not in fact so. He acted on the direction of the Governor and with the concurrence of General Niazi. His own version of it, which in the light of all other evidence now available to us, we see no reason to doubt, is as follows:
"On 9 Dec. Asstt Secretary UN Mr. Paul Mark Henry saw the Governor. I was not present during their meeting. After the meeting and after he discussed it with Gen Niazi on telephone he initiated the signal A-1660 of 091800 hrs. a copy is attached at Anx 'C'. Main recommendation was: "Once again urge you to consider immediate cease-fire and political settlement". (The president's reply (below Anx 'C') was received at night. The Governor and the Chief Secretary discussed it. I was not present. They concluded that the responsibility to take the historic-decision was being placed on the shoulders of the Governor. I may add here that before the war a High Powered Committee had been established which could take decision acting as the Central Government under a situation where communication broke down between the Centre and Dacca. The Committee consisted of the Governor, Minister of Finance, Gen. Niazi, Chief Secretary and I was to be its member Secretary. The Chief Secretary drafted a signal (Anx'D') to the President with a copy to UN Secretary General. (The draft clearly shows that it is a civilian type message). I was asked by the Governor to take it to Gen. Niazi and get his approval for the step proposed. I along with the Chief Secretary went to Gen. Niazi. Present were Gen. Jamshed and Admiral Sharif. "After I had read out the proposals to UN. Gen Jamshed was the first one to speak with a enthusiastic response of:
" That's it. This is the only course open now." Or words to that effect. Admiral Sharif Approved in Gen. Niazi asked in what capacity was the required to approve the proposed move. The chief Secretary said. "In your capacity as member of the High powered Committee." He gave his approval, I returned to the Governor House where I found the Governor and Mr. Paul Mark Henry in my office (In my earlier report I had said that the Chief Secretary was also present. It was, perhaps, a case of misrecollection. The chief Secretary tells me now that though he had arranged for Mr. Paul Mark Henry to be at the Governor House he himself was not there). The Governor asked me to hand over a copy of the signal to Mr. Henry which I did. "The signal bore my signatures as it was to be transmitted though Army channels. Mr. Henry said that it will be discussed between Mr. Agha Shahi and the Secretary General and if M. Agha Shahi approved it will be taken up." It is true that this statement was counter-minded by the President but the damage that it could cause was done. With that aspect of the matter, however, we have already dealt in the Main Report.
23: Although this message is of the 10th and uses the words "I am handing over the note to Assistant Secretary General Mr. PAUL MARK HENRY after your approval" the note had been handed over on the 9th Clearly the Governor gave directions to General Farman Ali and, at the same time, dictated the message.