12. About the use of excessive force on the night between the 25th and 26th March 1971, we have a statement from Brigadier Shah Abdul Qasim (witness No. 267) to the effect that "no pitched battle was fought on the 25th of March in Dacca. Excessive force was used on that night. Army personnel acted under the influence of revenge and anger during the military operation." It has also been alleged that mortars were used to blast two Residence Halls, thus causing excessive casualties. In defence, it has been stated that these Halls were at the relevant time not occupied by the students but by Awami League insurgents, and were also being used as dumps for arms and ammunition stored by the Awami League for its armed rebellion.

13. Still another significant statement came from Brigadier Mian Taskeenuddin (Witness No. 282): "Many junior and other officers took the law into their own hands to deal with the so-called miscreants. There have been cases of interrogation of miscreants which were far more severe in character than normal and in some cases blatantly in front of the public. The discipline of the Pakistani army as was generally understood had broken down. In a command area (Dhoom Ghat) between September and October miscreants were killed by firing squads. On coming to know about it I stopped the same forthwith."
14. Maj. Gen. Nazar Hussain Shah, GOC 16 Division, conceded that "there were rumors that Bengalis were disposed of without trial." Similarly, Brigadier Abdul Qadir Khan (Witness No. 243) Commander 93 (A)? admitted that "a number of instance of picking up Bengalis did take place." Lt. Col. S. S. H. Bokhari, CO of 29 Cavalry, appearing as Witness no 244, stated that "In Rangpur two officers and 30 men were disposed of without trial. It may have happened in other stations as well." An admission was also made by Lt. Col. S. M. Naeem (Witness No 258) CO of 39 Baluch that "innocent people were killed by us during sweep operations and it created estrangement amongst the public."
15. Lt Col. Mansoorul Haq, GSO-I, Division, appearing as Witness No 260, has made detailed and specific allegations as follows:

"A Bengali, who was alleged to be a Mukti Bahini or Awami Leaguer, was being sent to Bangladesh-a code name for death without trial, without detailed investigations and without any written order by any authorised authority."
Indiscriminate killing and looting could only serve the cause of the enemies of Pakistan. In the harshness, we lost the support of the silent majority of the people of East Pakistan.... The Comilla Cantt. massacre (on 27th/28th of March, 1971) under the orders of CO 53 Field Regiment, Lt. Gen. Yakub Malik, in which 17 Bengali Officers and 915 men were just slain by a flick of one Officer's fingers should suffice as an example.
There was a general feeling of hatred against Bengalis amongst the soldiers and officers including Generals. There were verbal instructions to eliminate Hindus.
In Salda Nadi area about 500 persons were killed. When the army moved to clear the rural areas and small towns, it moved in a ruthless manner, destroying, burning and killing. The rebels while retreating carried out reprisals against non-Bengalis.

16. Several civilian officers have also deposed in a similar vein, and it would suffice to quote here the words of Mr. Mohammad Ashraf, Additional Deputy Commissioner, Dacca, to whose evidence we have also referred earlier in another context. He stated that "after the military action the Bengalis were made aliens in their own homeland. The life, property, and honour of even the most highly placed among them were not safe. People were picked up from their homes on suspicion and dispatched to Bangladesh, a term used to describe summary executions. .... The victims included Army and Police Officers, businessmen, civilian officers etc....There was no Rule of Law in East Pakistan. A man had no remedy if he was on the wanted list of the Army.... Army Officers who were doing intelligence were raw hands, ignorant of the local language and callous of Bengali sensibilities."
17. About the attitude of senior officers in this behalf, Brigadier Iqbalur Rehman Shariff (Witness no. 269), has alleged that during his visit to formations in East Pakistan General Gul Hassan used to ask the soldiers "how many Bengalis have you shot."
18. The statements appearing in the evidence of Lt. Col. Aziz Ahmed Khan (Witness no 276) who was Commanding Officer 8 Baluch and then CO 86 Mujahid Battalion are also directly relevant. "Brigadier Arbbab also told me to destroy all houses in Joydepur. To a great extent I executed this order. General Niazi visited my unit at Thakurgaon and Bogra. He asked us how many Hindus we had killed. In May, there was an order in writing to kill Hindus. This order was from Brigadier Abdullah Malik of 23 Brigade."
19. While the extracts of evidence given above reflect the general position in regard to the allegations we are considering, it appears to be necessary to deal specifically with certain matters brought to the notice of the Prime Minister of Pakistan by the Bangladesh authorities, or which have otherwise been particularly mentioned by certain witnesses appearing before the Commission during the present session.