Civil Martial Law in Pakistan 1971 PDF

**Civilian Martial Law** - **16 December 1971:** Yahya Khan admitted defeat in East Pakistan and declared war. - **17 December 1971 (8:00 PM):** Mrs. Gandhi announced a unilateral ceasefire on the western front due to U.S. pressure, stating India had no territorial ambitions. -...

**Civilian Martial Law** - **16 December 1971:** Yahya Khan admitted defeat in East Pakistan and declared war. - **17 December 1971 (8:00 PM):** Mrs. Gandhi announced a unilateral ceasefire on the western front due to U.S. pressure, stating India had no territorial ambitions. - **After Gandhi's announcement:** Yahya Khan also ordered a ceasefire to be effective at the same time. - **UN Resolution:** - Proposed by Japan, Argentina, and others. - Called for a ceasefire, withdrawal of armed forces, and respect for ceasefire lines in Kashmir. - Urged observance of the 1949 Geneva Conventions on the protection of war victims. - Authorized international assistance for refugees and relief efforts. - Adopted by 13 votes, with Poland and the Soviet Union abstaining, and China expressing dissatisfaction. **Domestic Unrest in West Pakistan** - **18 December 1971:** Violent demonstrations erupted against the military regime in West Pakistan. - **19 December 1971:** A revolt by army officers in GHQ, Rawalpindi, led to Yahya Khan\'s resignation. - **20 December 1971:** Zulfikar Ali Bhutto became the new President of Pakistan. **U.S. Actions** - **3 December 1971:** U.S. canceled all military equipment shipments to India. - **6 December 1971:** U.S. suspended all economic aid to India. - The U.S. did not take similar actions against Pakistan, as aid in the pipeline was intended for humanitarian relief in East Pakistan. **Bangladesh Government Established in Dhaka** - **After Pakistan\'s surrender:** Dhaka was in chaos, with Mukti Bahini taking revenge on \'collaborators,\' especially razakars. - **18 December 1971:** The bodies of 20 leading Bengali intellectuals were found, followed by many more in the next days. - **Investigation:** Revealed massacres of intellectuals, professionals, and many others during the war\'s final stages. **Bangladesh Government\'s Return to Dhaka** - **22 December 1971:** Members of the Bangladesh government in exile arrived in Dhaka after a delay, due to the Indian Army\'s efforts to restore order. - **Reshuffling:** The Bangladesh Cabinet was reorganized and immediate tasks were addressed. **Sheikh Mujibur Rahman's Return** - **8 January 1972:** Sheikh Mujibur Rahman was released from Pakistani custody, after being sentenced to death. - **10 January 1972:** Mujib returned to Dhaka and was given a grand welcome. - **12 January 1972:** Mujib resigned as president and became Prime Minister. Justice Abu Sayeed Chowdhury was sworn in as Bangladesh's new President. **Bhutto Takes Over** - **Yahya\'s Resistance:** Despite the loss in East Pakistan, Yahya Khan believed he could continue as President. - **Military\'s Opinion:** A faction within the military favored Bhutto as Yahya\'s successor. - **Bhutto\'s Qualifications:** - Not a military man. - Elected member of the National Assembly. - Leader of the majority party in West Pakistan. - Popular in West Pakistan. - Deputy Prime Minister at the time. - **Bhutto's Return:** - Bhutto was informed that events in Pakistan were unpredictable and that he should return. - **Meeting Yahya:** On 17 December, Gul Hasan and Rahim Khan met Yahya to convince him to resign. - Yahya resisted initially but then agreed to step down, suggesting Gul Hasan or Abdul Hameed Khan might take his place. - Gul Hasan ordered Yahya's radio address to be stopped. - **Abdul Hameed Khan\'s Reaction:** He refused to accept the position of Commander-in-Chief without consulting senior officers, leading to a meeting on 20 December. - **Yahya\'s Resignation:** From 18 to 20 December, Yahya was effectively powerless, with Gul Hasan in charge. - **Bhutto Takes Power:** On 20 December, Bhutto arrived in Rawalpindi and took over from Yahya as President and Chief Martial Law Administrator. - Bhutto was seen as necessary to the army and also needed their sanction to rise politically. - **Bhutto\'s Address:** Bhutto described himself as being \"summoned by the nation\" in his speech on 20 December. **Bhutto: His Background to Political Ascendancy** - **Yahya\'s Exit:** Following the fall of Dhaka and Bangladesh's independence, Yahya had no justification to remain in power. - **Bhutto's Rise:** Bhutto\'s party (PPP) was the majority party in West Pakistan, leading to his return from the U.S. - He met President Nixon before leaving Washington D.C. - Bhutto returned to Pakistan on 20 December 1971 and assumed power. - **Martial Law:** Bhutto continued martial law to implement the programs in his 1970 election manifesto. **Bhutto's Early Political History** - **First Martial Law Cabinet:** Bhutto was included in Ayub Khan's first Martial Law Cabinet in 1958 at the age of 31. - He had studied in California and England and came from a strong political family. - His father, Sir Shahnawaz Bhutto, was the President of Larkana's District Board. - **Land Ownership:** Bhutto inherited a large amount of land in Larkana, Jacobabad, Thatta, and Sukkur. - **Political Career:** - Returned to Pakistan in 1954, practiced law, and taught part-time. - Served in Ayub's Cabinet for nearly 8 years, becoming Foreign Minister in 1963. - Built a national reputation but eventually had disagreements with Ayub, particularly on the Tashkent Agreement. - **Differences with Ayub:** Bhutto openly supported Mujib's Six-Point Programme and criticized Ayub's policies. - **Creation of PPP:** After leaving Ayub's Cabinet, Bhutto formed his own political party in 1967. - His party\'s manifesto included the nationalization of key industries and withdrawal from SEATO and CENTO. - Bhutto aimed to forge closer ties with Afro-Asian and Muslim countries. **Challenges Upon Taking Power** - **Pakistan's Condition:** - The country was in turmoil after the loss of East Pakistan (now Bangladesh). - 6,000 square miles were under Indian occupation, and nearly 90,000 Pakistani prisoners of war were held by India. - The military was demoralized, and the economy was devastated. - **Bhutto's Determination:** Despite the bleak situation, Bhutto took charge with courage and determination. - He made an emotional appeal to the nation, calling for help and cooperation. - Bhutto promised to rebuild Pakistan and not fail the people. ### Civilian Martial Law and Bhutto\'s Reforms - **Dual Role of Bhutto**: - Upon assuming power, Bhutto held dual positions: President and Chief Martial Law Administrator (CMLA). - Bhutto took numerous actions as CMLA, exercising control over various sectors, including the military, intelligence, and media. - **Suppression of Opponents**: - Leading industrialists\' passports were seized, preventing them from leaving the country. - Bhutto created paramilitary and intelligence organizations to monitor opponents and even his own party members. - Notorious police officers were appointed to the Federal Intelligence Bureau. - Bhutto targeted former political adversaries such as Habibullah Khattak, S.U. Durrani, and A.R. Khan, imprisoning them without due cause. - Media was censored; Altaf Gauhar, editor of *Dawn*, was arrested for criticizing Bhutto. - Bhutto retired several senior military generals, including General Gul Hasan, and replaced Yahya with his house arrest. **Release of Mujib-ur-Rehman** - **Public Gimmick**: - During a Karachi public meeting (3 January 1972), Bhutto pretended to seek public approval for releasing Mujib. - Despite his public performance, the decision was already made, as Mujib's release was necessary to resolve the issue of East Pakistan and finalize the creation of Bangladesh. - **Mujib's Release**: - Mujib was released on 8 January 1972 and flown to London before returning to Dhaka. **Nationalization of Basic Industries: Economic Reforms Order, 1972** - **Nationalization Announcement**: - Bhutto announced on 2 January 1972 that key industries would be nationalized to benefit the people of Pakistan, including iron and steel, petrochemicals, cement, public utilities (electricity, gas, oil), and heavy engineering industries. - **Economic Reforms Order**: - The reforms were formalized through the Economic Reforms Order of 3 January 1972, which transferred control of nationalized industries to the central government. - Bureaucrats with little industrial experience were appointed as Managing Directors. - These nationalized industries suffered from corruption, inefficiency, and increased production costs, leading to significant losses. - **Criticisms**: - The nationalization, rather than promoting industrialization, harmed the industry by introducing inefficiency and mismanagement. - The exodus of capital and entrepreneurship became a notable consequence of the nationalization process. **Land Reforms** - **Introduction of Land Reforms**: - On 11 March 1972, the Land Reforms Regulation aimed to improve on Ayub's 1959 reforms by reducing the ceiling of agricultural land: - From 500 to 150 acres for irrigated land. - From 36,000 to 15,000 produce index units for non-irrigated land. - **Exemptions and Loopholes**: - Transactions before 20 December 1971 were declared valid, which allowed wealthy landowners to circumvent the reforms. - Fake transactions and land transfers in favor of relatives were a common way to retain excess land. - **Ineffectiveness of Reforms**: - The reforms failed to break the dominance of powerful landlords and feudals , particularly in Sindh and Punjab, where landowners manipulated the system to retain large landholdings. **Takeover of Colleges and Schools** - **Government Control Over Education**: - On 1 April 1972, Bhutto introduced a regulation to nationalize the management of private colleges and schools, claiming it was to end exploitation of teachers by private owners. - **Problems and Consequences**: - Many high-quality institutions run by religious or prestigious bodies were taken over, causing a decline in educational standards. - Reputable institutions such as Forman Christian College and Kinnaird College suffered under government control. - Misinterpretation of the regulation led to disputes over property ownership, resulting in further confusion and decline in standards. **Screening of Government Servants** - **Removal of Corrupt Officials**: - A martial law regulation came into force on 10 March 1972, allowing the dismissal or premature retirement of government servants deemed corrupt or inefficient. - A total of 1,300 government servants were removed, signaling Bhutto's commitment to rooting out corruption from public service. **Political Maneuvers Till the Interim Constitution** - **Martial Law and Political Resistance**: - Bhutto's continuation of martial law despite its civilian face was met with growing opposition, especially from political parties such as the National Awami Party (NAP). - Bhutto's decision to withdraw from the Commonwealth on 30 January 1972 faced criticism for being impulsive and causing inconvenience to Pakistanis in the UK. - **Negotiations and the Interim Constitution**: - On 6 February 1972, Wali Khan demanded the lifting of martial law. Bhutto responded by promising reforms and a timetable for lifting martial law. - After several political maneuvers, including the reshuffling of military leadership, Bhutto reached an accord with political opponents. - The interim Constitution was finalized on 21 April 1972, marking the end of martial law and the beginning of the return to democracy. **Asma Jillani Case (1972)** **Background:** - The case emerged during **General Yahya Khan's military rule** after the **1971 war** and the creation of Bangladesh. - **Zulfikar Ali Bhutto** took power in 1972, and **Asma Jillani**, a lawyer, challenged the **legitimacy** of his government. **Filing of the Petition:** - **Claim**: Asma Jillani filed a petition in the **Supreme Court** questioning the legality of **Bhutto's government** and **martial law** imposed by **Yahya Khan**. - The petition sought to declare **Bhutto's rule illegitimate** as it was based on an unlawful military regime. **Supreme Court\'s Involvement:** - **Initial Hearing**: The Court, led by **Chief Justice Hamoodur Rahman**, examined whether martial law was constitutional. - **Key Question**: Can martial law imposed by Yahya Khan be validated under Pakistan's Constitution? **Supreme Court Ruling:** - The **Supreme Court ruled martial law unconstitutional** and declared that **Bhutto's rise to power** was based on an **illegal military regime**. - **Martial law actions** were deemed **invalid**. **Impact and Significance:** - **Constitutional Supremacy**: Reinforced **judicial independence** and **rule of law** in Pakistan. - **Political Impact**: Weakened **Yahya Khan's authority**, enabling **Bhutto's civilian rule**. - **Historical Precedent**: Established a **legal precedent** for challenging military rule. **Legacy of the Case:** - **Judicial Independence**: Strengthened the judiciary's role in protecting the Constitution. - **Asma Jillani's Contribution**: Played a pivotal role in challenging military rule and upholding democratic principles.