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 the
region 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 is
restrained.

In many countries martial law imposes particular rules, one of which is curfew. Often,
under this system, the administration of justice is left to a military tribunal, called a court-
martial.

A court-martial is a military court. These military courts can determine punishments for
members 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 have
occurred. In addition, courts-martial may be used to try enemy prisoners of war for war
crimes.

WHEN IT’S IMPOSED?

1. Martial law is sometimes imposed during wars or occupations in the absence of any
other 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 of Reconstruction

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., habeas
corpus and freedom of speech) may also be suspended.

3. Martial law can also be declared in cases of major natural disasters; however most
countries use a different legal construct, such as a "state of emergency".

? WHEN IT’S 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 in
applying martial law by the provision of Article of the Constitution.

MARTIAL LAW DIFFERENT FROM MILITARY LAW:

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 Musharraf declared 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 of
Commons 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 on
the 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 while
Hindus 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.
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. His
prime minister is Liaquat Ali Khan.

Soon after partition inequalities begin to develop between Pakistan's East and West
wings. 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 labour
force 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 than
the 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 governor
general.

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 the
official languages of Pakistan.

1953 - Prime Minister Nazimuddin is dismissed by Governor General Ghulam

Mohammad in April.
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 the
East under Major General Iskander Mirza.

Ghulam Mohammad also dismisses the Pakistan Constituent Assembly and appoints his
own "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 in
the 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 is
renamed 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, is
under-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 prime
minister 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 military
figures 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.
Bengali members of the civil service are preferred for posts in the East; Dhaka is
designated the legislative capital of Pakistan, and Islamabad the administrative capital;
and public investment in the East Pakistan is increased.

1962 - A new constitution ending martial law and creating a political system with all
executive power vested in the president is introduced in March. Pakistan is declared a
republic and the National Assembly is established as the federal legislature, with sessions
to be held alternately in Dhaka and Islamabad. Late in the year political parties are again
legalised. Factions from the Muslim League are remoulded into the Pakistan Muslim
League (PML), the official government party.

1963 - Sheikh Mujibur Rahman (Mujib) assumes the leadership of the Awami League,
which is now East Pakistan's dominant political party. Mujib emerges as leader of the
Bengali autonomy movement.

1965 - Skirmishes break out between Pakistani and Indian forces along the border at the
Rann of Kutch in the southeast in April. They spread to Kashmir. The skirmishes at the
Rann of Kutch are soon resolved but the conflict in Kashmir proves more intractable and
develops into the Second Indo-Pakistani War.

On 23 September a cease-fire is arranged through the UN Security Council.

During the war Yahya Khan commands an infantry division.

1966 - In March Yahya Khan is appointed as commander-in-chief of the Pakistan Army

and promoted from major-general to lieutenant-general. He is instrumental in
reorganising and modernising the Pakistan Army. He works to improve communications,
decentralise decision making, increase the strength of the infantry and create an
independent command structure in the East.

In February, at a meeting of Pakistani opposition parties held in Lahore, Mujib presents a

six-point political and economic program for achieving autonomy for the East.

The program calls for a federal parliament elected by universal suffrage, with seats
allocated on the basis of population distribution and with the parliament to be responsible
for foreign affairs and defence only. Under the plan each wing of Pakistan would have its
own currency and paramilitary forces.

Meanwhile, Zulfiqar Ali Bhutto, the Minister of Foreign Affairs in Ayub Khan's
government, resigns and forms the Pakistan People's Party (PPP), becoming a vocal
opposition figure.

1969 - Rioting against the Ayub Khan regime breaks out across the nation. The rioters
believe that the regime is corrupt, has failed the country economically and is responsible
for Pakistan's defeat in the 1965 war over Kashmir.
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 and
agrees that representation in the Assembly should be determined by population
distribution, ensuring that the majority of seats will be based in the East. He promises
open 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 seats
allotted 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 the
inaugural 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 full
control 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 it
is 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 of
noncooperation.
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 in

command 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 fail
them," 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 the
command 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 and
Bhutto 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 East
by 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 to
stand 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, when
the Bengalis start to fight back, tips into civil war.
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 Commission

of 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 Reprisal
Program" that comes into effect once the Bengalis begin to retaliate.

Rebel army officer Major Ziaur Rahman proclaims the "independent, sovereign republic
of 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 the
government-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 Army
presses 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 and
other assistance.

India's actions raise tensions with Pakistan. Yahya Khan threatens war if India attempts to
seize 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 secret
negotiations between the United States and China that enable the historic visit by US
President Richard M. Nixon to China in 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 that
normality 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) to
visit 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.

Two days later Yahya Khan declares a state of emergency in all of Pakistan and asks his
people to prepare for war with India. At 4:30 p.m. on 3 December he declares war on
India and launches air attacks on military targets in India's northwest. At midnight Indian
Prime Minister Indira Gandhi declares war on Pakistan.

The next day, on 4 December, India begins an integrated ground, sea and air invasion of
East Pakistan. Attacks are also launched against West Pakistan.

The Indian forces in the East quickly converge on Dhaka. On 6 December India
recognises Bangladesh as an independent state. The next day Yahya Khan announces he
has formed a coalition government with an elderly East Pakistani at its head and with
Bhutto as its deputy.

On 16 December the Pakistani forces in the East surrender unconditionally to the Indians.
Indian Prime Minister Indira Gandhi proclaims a unilateral cease-fire on December 17.

The conflict in the East is over but it has left a dreadful toll. Media reports at the time
estimate the number of Bengalis killed by the Pakistan Army at between 200,000 and
three million. Between six and 12 million have taken refuge in the Indian state of West
Bengal. Around 20 million have been internally displaced. There has been extensive
raping (200,000 to 400,000 women raped), looting and gratuitous brutality. Thousands of
Hindu villages have been destroyed. About 9,000 Pakistani troops have been killed.

Yahya Khan resigns on 20 December. Mujib is released the same day. Bhutto replaces
Yahya Khan as president and chief martial law administrator. Bhutto revokes martial law
and purges the military of about 1,400 officers.

East Pakistan becomes the new nation state of Bangladesh, meaning "Bengal country".

More than 90,000 prisoners of war are repatriated to Pakistan. None have been put to trial
for war crimes.

1972 - At the start of January Mujib returns to Bangladesh and is sworn in as prime
minister.

Meanwhile, Yahya Khan is placed under arrest. At first he is held incommunicado in an

isolated forest bungalow. Later he is moved to his own house. While under house arrest
he is paralysed by a stroke.

In July the Hamoodur Rahman Commission set up by Bhutto to inquire into the causes of
Pakistan's surrender in the war hands down its report. The report is never released to the
public. However, a supplementary report completed by the commission in 1974 is leaked
to 'India Today' in July 2000.

According to the supplementary report, the commission finds:

"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 result
during 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 neglect
of duty in the conduct of war both in East Pakistan and West Pakistan. ...

"5. (i) That allegations of personal immorality, drunkenness and indulgence in corrupt
practices 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 their
moral 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 directly
contested seats. However, corruption and mismanagement are turning popular opinion
away from Mujib.

1974 - On 22 February Pakistan recognises Bangladesh. On 17 September Bangladesh is

admitted 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) and
requires 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.
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, lifts
the ban on political parties and revokes martial law.

In Pakistan, Bhutto is overthrown by Zia ul-Haq on 5 July 1977. Martial law is reimposed
and 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 and
economic 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-economic
justice 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 and
Pakistan'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 first
introduced 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 a
viable 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 with
the 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 ``communist
block''.
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''. The
provinces 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
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 a
notorious 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 but
influential 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 old
politicians under the Elective Bodies Disqualification Order, 1959 (EBDO). The Basic
Democracies institution was then enforced justifying "that it was democracy that suited
the 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 the
democratic 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 the
provinces 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 growing
inequalities 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 to
relinquish 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 war
without 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 Pakistan’s Harvard advisor to the Planning
Commission, who espoused the concept of ``social inequality of greed'' by pointing out
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 rapid
industrialisation, 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 under
bureaucratic 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 law

VOICE 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 of
events, since the creation of the country.

PAKISTAN emerged on the map of the world, in 1947, due to the division of British
India. 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 a
highly 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 improve
the 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 was
repressive in character, turned into political agitation in 1968.
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 Law
Administration 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 party
leader 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 the
day.

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 against
the 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, even
though 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 members
were 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, taken
to special torture dens, functioning under both the police and the army authorities.

POLITICAL DETAINEES and convicts were not treated in accordance with ordinary
prison 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 vast
scale 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 uphold
justice.

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
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 and
his 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 directly
in 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 to
him 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. He
was 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
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 Khan
decided 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 became
President 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 of
the 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 in
political 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 in
East 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 to

plan 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 the
country. 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.

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 the British Indian Staff College at Quetta, where Yahya was posted as the only
Muslim 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 army’s planning board set up by Ayub to
modernise 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, and
commanded an infantry division during the Indo-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, appointed
Deputy 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. Till
1965 it was thought that divisions could function effectively while getting orders directly
from the army’s 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 divisions
was 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 major
changes in the Pakistan Army’s 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, but
we’re not going to pay for it".[5]

Pakistan now turned to China for military aid and the Chinese tank T-59 started replacing
the US M-47/48 tanks as the Pakistan Army’s MBT (Main Battle Tank) from 1966. 80
tanks, the first batch of T-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 Day
Parade on 23 March 1966. The 1965 War had proved that Pakistan Army’s 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 by
the 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.
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 entirely
independent command set up in East Pakistan. 14 Division’s infantry strength was
increased and a new tank regiment was raised and stationed in East Pakistan. A new
Corps Headquarters was raised in East Pakistan and was designated as Headquarters
Eastern 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 of
disarray, 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-Mohajir dominated West Pakistan province and the ethnically Bengali Muslim
East Pakistan province. In addition Yahya also inherited an 11 year old problem of
transforming an essentially one man ruled country to a democratic country, which was the
ideological basis of the anti-Ayub movement of 1968-69. Herein lies the key to Yahya’s
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 the
multiple 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 Army’s
defeat and humiliation in December 1971 lay in the fact that Yahya Khan blundered
unwittingly into the thankless task of fixing the problems of Pakistan’s political and
administrative system which had been accumulating for 20 years and had their actual
origins in the pre-1947 British policies towards the Bengali Muslims.

The American author Ziring observed that, "Yahya Khan has been widely portrayed as a
ruthless uncompromising insensitive and grossly inept leader…While Yahya cannot
escape responsibility for these tragic events, it is also on record that he did not act
alone…All 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, to
bargaining 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 Pakistan’s constitutional and inter-provincial/regional

rivalry problems once he took over power from Ayub Khan in March 1969. The tragedy
of 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.
 • 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 Ayub’s one man rule from
1958 to 1969.

However dissolution of one unit did not lead to the positive results that it might have led
to 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 just
Seven infantry battalions of the East Pakistanis. Yahya’s announcement, although made
with the noblest and most generous intentions in mind, was late by about twenty years.
Yahya’s intention to raise more pure Bengali battalions was opposed by Major General
Khadim Hussain Raja, the General Officer Commanding 14 Division in East Pakistan
suggesting 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 where
one 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 legitimate
claim 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 of genocide 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 arrested
Sheikh Mujibur Rahman upon Bhutto's insistence and appointed Brigadier Rahimuddin
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 war within
Pakistan, and eventually drew India into what would extend into the Indo-Pakistani War
of 1971. The end result was the establishment of Bangladesh as an independent republic,
and this was to lead Khan to step down. After Pakistan was defeated in 1971, most of the
blame 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'état by younger army officers against the government of President
Mohammed 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 of West
Pakistan'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 imprisoned
Mujib 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 General
YAHYA KHAN, 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 assemblies
and 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 January
1970 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.
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 Provincial
Assembly 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 AWAMI LEAGUE, 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 the
session of the National Assembly on 1st March 1971. The announcement sparked off a
series of events, uprisings and finally the onset of the WAR OF LIBERATION. All these led to
the dismemberment of Pakistan and the emergence of Bangladesh as an independent state
on 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 PROCLAMATION OF INDEPENDENCE on 10 April 1971 with retrospective effect from 26th
March. The Proclamation served as the Provisional Constitution. It provided for a
presidential 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 constituent
assembly 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 and
obligations 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 a
significant 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.
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 ensure
continuity 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 the
oath 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 their
jurisdictions.

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 of
President.
2. President Ayub announced his decision in a special radio broadcast on
the evening of the 25th of March saying that "This is the last time I shall
be addressing you as President." The reasons he gave for resigning were:

(a) the economic and administrative systems were breaking down under
the threat of lawlessness;

(b) his own hope that reason might settle problems, and that his own
decision not to stand for re-election would help restore a peaceful
atmosphere, had been disappointed by the further deterioration of the
situation;

(c) he had accepted the only two demands on which the opposition
politicians had been agreed at the Round Table Conference (adult
suffrage and parliamentary government would preserve the strong centre
he thought essential for Pakistan. But politicians were now pressing for
the immediate acceptance of their more extreme demands. These would
have left the country divided into two parts, with ineffective and
powerless central institutions. the defence services crippled and the
political entity of West Pakistan abolishes:

(c) in the prevailing conditions it would not be possible to convene the

National Assembly (to debate Constitutional amendments); some
members might not dare to attend; others would not dare express their
real opinions;

(d) the situation was now beyond the control of the Government, and
only the Armed Forces could meet the situation.

3. Field Marshal Ayub accordingly handed over all his powers to General
Yahya stating that he was calling upon General Yahya to fulfil his
"constitutional" responsibilities (a statement difficult to reconcile with
the terms of the Constitution). General Yahya immediately on the 25th of
March declared martial law, abrogated the Constitution, announced that
all who had been holding the offices of president, governors, ministers
would cease to hold office, established military courts and issued martial
law regulations. On the morning of the 26th of March General Yahya
made a national radio broadcast in which he cited much the same
reasons for the imposition of martial law as had Ayub for his handover of
power. He had stepped in to fulfil his "prime duty of protecting the
country from utter destruction." The intentions of what he was careful to
call his "administration," rather than this government, were solely to
restore order and to clean up administrative laxity and chaos so that the
way might be paved for free and impartial elections on the basis of adult
suffrage to a body which could then work out the constitutional and
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 of
President "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 any
such 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 the
integrity 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's
regime. 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 both

that 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 West
Pakistan 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 and
particularly 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 the
number 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 compared
with 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 (a
man 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
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 were
used 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 to
maintain 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 on
the decline.

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

improving from one where martial law might be required, to one where
there 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 in
using the political process was the publication on the 20th of March, of
the Government's own Constitutional Amendment Bill, which offered
rather 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 an
alternative 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 the
bill, 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. Most
important, 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 the
National 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 of
One 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
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 bill
from passing either.

10. Ayub's reasoning thus appeared to have been that if such a

parliamentary 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 of
Martial 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 be
seen 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 Pakistani
politicians should not be allowed to break up the unity of West Pakistan
as well.

11. Martial Law has immediately calmed the situation. Although some
people (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 in
both 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 it
was 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 made
no 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. He
has 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

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 large
number 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 the
incidents 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 political
ferment. 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 relief
and 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, can
make 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. The
whole 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 take
some 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 to
identify 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 ring
while 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 foreseeable
future 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 not
think 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
 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 in
politics. 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 centre
and 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 can
dominate 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 or
sufficiently politically responsive to handle the situation. General Yahya
may grow in stature with the task which he has to tackle. The situation is
now 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 New
Delhi.

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 population

between 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
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 Bengalis
constituted 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 viceregal

system 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 practical
purposes 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 the
United 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 the
coalition'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 support
of 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; Ghulam
Mohammad, 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
unit. Provisions were made for an Islamic state as embodied in its Directive of Principles
of State Policy, which defined methods of promoting Islamic morality. The national
parliament was to comprise one house of 300 members with equal representation from
both the west and east win

In September, 1956 Awami League's Suhrawardy succeeded Choudhry as Prime Minister

in and formed a coalition cabinet. He failed to secure significant support from West
Pakistani power brokers. Suhrawardy's thirteen months in office came to an end after he
took a strong position against abrogation of the existing "One Unit" government for all of
West Pakistan.

In 1957 the president used his considerable influence to out Suhrawardy from the office
of Prime Minister. The drift toward economic decline and political chaos continued.

From 1954 to Ayub's assumption of power in 1958, the Krishak Sramik and the Awami
League waged a ceaseless battle for control of East Pakistan's provincial government.

The Revolution of Ayub Khan (1958-66)

Because of the ongoing condition on October 7, 1958, Mirza issued a proclamation that
abolished political parties, abrogated the two-year -old constitution, and placed the
country under martial law. On October 27, he swore in a twelve-member cabinet that
included four generals in ministerial positions and the eight civilians. Until 1962, martial
law continued and Ayub purged a number of politicians and civil servants from the
government and replaced them with army officers.

The new constitution promulgated by Ayub in March 1962 has following features: -
1. All executive authority of the republic lies with the president.
2. As chief executive, the president could appoint ministers without approval by the
legislature.
3. There was no provision for a Prime Minister.
4. There was a provision for a National Assembly and two provincial assemblies, whose
members were to be chosen by the "Basic Democrats.
5. Pakistan was declared a republic (without being specifically an Islamic republic) but,
in deference to the religious scholars.
6. The president was required to be a Muslim, and no law could be passed that was
contrary to the tenets of Islam.

The 1962 constitution made few concessions to Bengalis. Throughout the Ayub years,
East Pakistan and West Pakistan grew farther apart. The death of the Awami League's
Suhrawardy in 1963 gave the mercurial Sheikh Mujibur Rahman the leadership of East
Pakistan's dominant party. Mujib, who as early as 1956 had advocated the "liberation" of
East Pakistan and had been jailed in 1958 during the military coup, quickly and
successfully brought the issue of East Pakistan's movement for autonomy to the forefront
of the nation's politics. During the years between 1960 and 1965: -
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 generated
in 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 foreign
exchange 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 were
also 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-point

political 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 only
3. Each wing have its own currency and separate fiscal
accounts
4. Taxation would occur at the provincial level, with a
federal government funded by constitutionally guaranteed Sheikh Mujibur-Rehman
grants
5. Each federal unit could control its own earning of foreign exchange; and
6. 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 almost
assassinated 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.
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 restore order and to conduct
free elections for a new constituent assembly, which would then draft a new constitution.

On August 1969 Appointment of a largely civilian cabinet.

On November 12, 1970, a cyclone devastated an area of almost 8,000 square kilometers
of East Pakistan's mid-coastal lowlands and its outlying islands in the Bay of Bengal.

On December 7, 1970 Yahya announced plans for a national election. The elections were
the first in the history of Pakistan in which voters were able to elect members of the
National Assembly directly. In the election that followed, the Awami League won a
triumphant victory. The misfortune however was that the Awami League did not won a
single seat in West Pakistan. Similarly, the Pakistan People's Party did not have a single
seat in eastern wing. At the Bengal Assembly elections, the results were as follows:

Parties Seats
Awami League 298
Other Parties 5
Independents 7
TOTAL 310

the National Assembly elections, the Awami emerged as the majority party, as the table
shows:

Parties Seats
Awami League 167
Pakistan People's
88
Party
Other Parties 5
Independents 7
TOTAL 310

The Awami League's electoral victory promised it control of the government, with Mujib
as the country's prime minister, but the inaugural assembly never met.

Political Events of 1971

The military, bureaucracy, and business, all West Pakistani-dominated, were shocked at
the results because they faced the prospect that the central government's power would be
passed away to the Bengalis, if the Awami League were allowed to shape the constitution
and form a government. The results of the election gave the Awami League the possibility
of framing the constitution according to its 6-point program. The election put the
Pakistani ruling elite in such a position that, if it allowed the democratic process to
continue, then it would be unable to stop the Awami League from framing a constitution
that would protect the Bengali interests.
The month of December passed and yet there was no sign of the calling of the assembly.
On the 3rd of January 1971, Sheikh Mujibur Rahman called a mammoth public meeting
in which he administered an oath to the persons who had been elected to the national and
provincial assemblies by which they swore allegiance to the party's programme for
provincial autonomy. Between the election results and this meeting apparently no effort
was made by General Yahya khan to bring the leaders together for consultations, though
later when he made such efforts the Sheikh adopted hard attitude.

By and large most of the parties in the west did openly oppose the six points programme.
It has been alleged that Pakistan people's party alone did not. On the 7th of January 1971
with this background General Yahya went to East Pakistan. The evidence suggest that at
this stage the presidential team did not have a copy of the six points programme and no
serious efforts were done to convince Sheikh on his six points. Accordingly the meeting
was held. Mujib presented his six pints and asked General Yahya: -
"Sir you know what the six points programme is, please tell me what objections you have
to this programme."
General Yahya said that he himself had nothing against the programme but the west
Pakistanis does have some problems. However, the meeting ended with the reference
from General Yahya to the Sheikh as his future prime minister.
From Dacca the president came to Karachi and on 17th January 1971 went o Larkana to
pay a visit to Mr. Bhutto. After this visit Mr. Bhutto went with some other members of his
party to Dacca where he met the Sheikh on the 27th of January 1971. Mr. Bhutto returned
from Dacca really having failed in his mission.
Mr. Bhutto met General Yahya at Rawalpindi on the 11th February 1971, and reported to
him the result of the discussions After this meeting, General Yahya announced that the
assembly will met on the 3rd of march 1971.
On the 15th of February, Mr. Bhutto called a press conference in Peshawar and said that
the date has come as total surprise to him. On the 21st February, a convention of the party
took an oath to abide by the party decision not to attend the assembly on the 3rd of March
1971.

Analysis

The time of second Martial law was almost 3 years and 1 month. However, this was the
shortest military regime in Pakistan, but its impacts were worst. This period change the
map of the world. We does not go for personalities because that was happen in the past
is not a single person mistake. The whole nation forgets her values her ideologies. In
addition, all that what happened in their near past?
However, Yahya Khan did not act alone in organizing 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 and his cohorts

President Yahya khan was not democratic leader. 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. He imposed Martial law for holding fare elections. This is true that the
elections were fare and without governmental intervention. However, the results were not
accepted. Alternatively, we can say not handled properly. East Pakistan was more
populated area and they were saying they have a right to make their prime Minster. Now
this thing is not debatable who was right and who was wrong?

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
directly in 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. That is if he wanted to in the first place. One quote attributed to him
reads, "Kill three million of them (the Bengalis) and the rest will eat out of our hands.

Nevertheless, we have to think what impact has given to ideology of Pakistan. Many of
us think the partition of Pakistan in 1971 break the concept of ‘Ideology of Pakistan’ or
‘Two Nation Theory’. However, it is not true in my opinion because of many reasons.
First, we have to think that many Muslim countries are present in the world. Moreover,
even live in neighborhood, it is not necessary that they should live as a one nation. We
know every region has its own culture and values, which are different from one another.
Therefore, it is not a compulsion for the people of the same religion to live together. This
is not possible.

“Two Nation Theory” was based on religion and this difference is existing until now. We
struggled for the name of Islam. Islam gives right to every person to live his life
according to his will. But , within the boundaries of Islam. Every person has a liberty to
live where he wants. We achieve our goal and that does not mean that a Pakistani must
be a Muslim or who will consider Muslim, which has Pakistani nationality. Therefore, we
have to face reality.

Foreign Policy
It also had some positive impact for Pakistan’s future. What was that? That was change in
our foreign policy. Before we wanted to stand with others help. Like a baby. We had an
agreement with USA that we will together in every war. However, what happen in the
situation they refuse to give any kind of help and we decide to change our Foreign Policy
with super power USA.

Now we wanted to become more independent and more relay on ourselves then to see
for others help. We take initiative to start our nuclear programmed after the situation.
We go advance in our technologies. In that period we do not had any big issue within the
country and after this entire bloody situation, we saw a democratic form of government.
Moreover, that government makes a constitution for the country. Which exist until now?

Now we want piece in our country. Democratic government may handle the situation
according to the will of the people. However, it has its own flaws in such kind of
geographical scenario. However, we cannot justify dictatorship or martial law in our
country or in any other country. We see always wastage of lives in every martial law. In
addition, do not want to see it again. The military rule also affects the economic
situation of the country but we can not saw any drastic change in that time framework

“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 uphold
justice.

Conclusion:

In modern world everywhere, we talk about democracy because in that type of

government more people are involved in decision making. In addition, we also have an
opposition, which gives us negative impact of that decision, and give suggestion to
improve the policy. Therefore, by knowing this everyone is going to prefer to have a
democratic form of government. We also want to live a peaceful life. We do not want to
separate our country more.