Yahya Khan Regime

Yahya Khan Martial Law

When Ayub stepped down as president of Pakistan on 25 March 1969, he handed over the reins
of power to Army Chief General Yahya Khan who placed the country under martial law with
immediate effect. He announced the abrogation of the Constitution and the dissolution of the
National Assembly and the two provincial assemblies. Members of the President's Council of
Ministers and the two provincial Governors ceased to hold their offices under the proclamation.
Yahya assumed the office of Chief Martial Law Administrator (CMLA) and appointed deputy
army chief, air force chief, and naval chief as Deputy CMLAS.

In his broadcast to the nation on 26 March 1969, Yahya called for the return of sanity and
conditions conducive to Constitutional government. He promised direct elections based on
universal adult franchise and a Constitution that would be framed by the elected representatives
of the people. On the question of administrative shortcomings which had figured so prominently
during the previous months of agitation, he took a firm stand: "We have had enough
administrative laxity and chaos and I shall see to it that this is not repeated in any form or
manner”. .

The proclamation of martial law, notwithstanding the abrogation of the Constitution and subject
to regulations and orders made by the CMLA, allowed all laws (including Acts, ordinances,
notifications) in force immediately before the abrogation of the Constitution to continue in force
and all courts and tribunals were allowed to continue and exercise all their powers and
jurisdiction which they exercised before the abrogation. However, no court could call in question
any martial law regulation or order or any judgment of a military court. No write or any other
order could issue against the CMLA and anyone exercising power under his authority

Provisional Constitution Order

On 4 April 1969, a Provisional Constitution Order was promulgated by the CMLA wherein it
was provided that, notwithstanding the abrogation of the Constitution, the state of Pakistan
would be governed as nearly as may be possible with the last Constitution. The CMLA was to be
the President of Pakistan and would perform all functions assigned to the President under the last
Constitution or any other law. However, all fundamental rights, except for security of person.
Prohibition against slavery, and forced labour, freedom of religion, access to public places, and
abolition of untouchability, were abrogated and all pending proceedings in regard to their
enforcement abated. No judgment, decree, write, order, or process could be made or issued by
any court or tribunal against the CMLA or a Deputy CMLA or any authority exercising powers
or jurisdiction under them. Ordinances by the President or a Governor were not subject to time
limits. No court or tribunal could call or permit to be called in question the proclamation, any
order in pursuance of the proclamation, or any martial law regulation or order, or any sentence or
order of special or summary military courts. Appeals to the Supreme Court could only lie against
any judgment, final order, or sentence of a High Court that had awarded death sentence or
transportation for life, reviewing an order of acquittal, or had convicted a person after holding
trial, or had certified a case for involving substantial questions of law, or had imposed
punishment for contempt of court. The President, by order, could make such provisions,
including constitutional provisions, as he deemed fit for the administration of the affairs of the
state. Yahya assumed the office of President with effect from 25 March 1969 through a
notification dated 31 March 1969 gazetted on 4 April 1969.

Action against Senior Civil Servants

The hold on power and consequential arrogance of senior civil servants increased manifold
during the Ayub regime as they had been given a free hand in the administration of the country.
There was thus considerable resentment against them and it was demanded at various public
forums the action be taken against them. General obviously in order to gain popularity, made
move against senior civil servants under the Martial Law Regulation No. 585 under which
regulation, the President or a Governor dismiss, remove, reduce in rank or retire any person in
the civil service of the centre or a province, as the case may be, if in his opinion such a person
was inefficient, guilty of misconduct or could be considered corrupt. A person could be deemed
to be corrupt if he or his dependents property or pecuniary resources which he could not account
for, or had a style of living beyond his ostensible means, or had persistent reputation of being
corrupt. Action under this regulation did not protect a government servant from any action under
any other law and his ill-gotten property and wealth could also be forfeited.

Action was initiated against a large number of people, notoriously known by the number 303,
and orders of dismissal, removal, and premature retirement were made against them. Mr. Altaf
Gauhar, who was very close to Ayub throughout his regime and was considered his favourite,
was also removed from service though he was not known to be either corrupt or inefficient. He
was indeed one of the few men reputed for their intellect in the civil service.

Curtailment of Jurisdiction of Courts

The judiciary is often the most likely institution to run afoul of martial law regimes because the
orders and regulations of martial law authorities are at times challenged before the superior
courts, even if there is an embargo on their jurisdiction. Such a situation led Yahya to make a
presidential order removing doubts about the jurisdiction of the Supreme Court and High Courts
special or summary military courts. This order reiterated what was stated in the Provisional
Constitution Order about the jurisdiction of the superior courts in relation to special or summary
military courts. It was clarified that any court decision given, judgment passed, writ ordered,
notice or process issued or made in such case were ineffective. All matters of correctness,
legality, or propriety of the exercise of any powers or jurisdiction by a military court or a martial
law authority were to be referred to the CMLA whose decision thereon had to be final.

The Mir Hassan Case

What appears to have prompted the CMLA to make Jurisdiction of Courts (Removal of Doubts)
Order, 1969 was the case of Mir Hassan. Malik Mir Hassan and others were summoned to stand
trial before the special judge (central), Rawalpindi. They filed petitions for quashment before the
West Pakistan High Court on the ground that allegations against them did not constitute an
offence.. A full bench of three judges of the High Court, in one of the most courageous
judgments, upheld the contention of the petitioners by giving the ruling that the order of transfer
of the cases was defective and without jurisdiction. It was also held that the promulgation of
Martial Law Regulation No. 42 had not in any manner whittled down the power or curbed the
jurisdiction of the High Court, as the provisional Constitution Order could not be subjected to
martial law regulations or orders, and the jurisdiction of the superior courts of the country had
been recognized by Article 6 of the Provisional Constitution Order. It was further held that as
Article 2 of the 1962 Constitution still held therefore, any direction or order of any authority
including a martial law authority, would be invalid if it did not have the backing of a
constitutional provision. A few passages from the judgment deserve mention verbatim:

 Martial law arises from State necessity, and is justified as the common law by necessity,
and by necessity alone, quod necessity as cognity, defendity, (what necessity forces, it
justifies), where the case is a case of riot rather than a case of rebellion, as the necessity is
less, so the discretion of these concerned is limited.
 Where the courts are sitting, there is no doubt that
i. it is a time of peace,
ii. they are sitting in their own right.
iii. not merely as licensees of the military power. The jurisdiction of the ordinary
courts, therefore, continues to vest in them and the same cannot and has not been
taken away by the proclamation of martial law.
 The Provisional Constitution Order is in addition to the provisions of the proclamation
and neither in derogation of it nor subject to it. It can, therefore, be amended not by a
martial law regulation or order but by amendment of Provisional Constitution Order
itself. Whether the President and Chief Martial Law Administrator, who is himself not
 above the law, can now at all amend it is a question which will be answered when the
time comes to do so.

It was no coincidence that the judgment in Mir Hassan's case and Jurisdiction of Courts
(Removal of Doubts) Order 1969 came on the same date, 30 June 1969.

Constitutional Changes: Dissolution of One Unit

In a nation-wide broadcast on 28 November 1969, Yahya announced far-reaching constitutional
developments, outlining the legal framework for the restoration of a federal parliamentary
system; the holding of general elections on 5 October 1970 on the basis of one man, one vote:
the task of framing the Constitutions for the newly elected National Assembly which would have
to be completed within 120 days, failing which the Assembly would be dissolved and a new
National Assembly elected; the conferment of maximum autonomy on the provinces. consistent
with the maintenance of a strong federation; the dissolution of the One Unit in West Pakistan and
the restoration of its separate provinces; and permission for the resumption of unrestricted
political activity from 1 January 1970.

The two decisions taken by Yahya of dispensation with the principle of parity between the two
wings of the country ending One Unit in West Pakistan were hurried and unilateral. He had no
mandate to make these basic constitutional changes which went to the roots of the understanding
between the two wings of the country were made by one of the wings of the country, West
Pakistan. Much could be said against the creation of One Unit in West Pakistan by an unpopular
Governor-General in 1955, yet this was adopted as a constitutional measure by the second
Constituent Assembly and was incorporated in the first 1956 Constitution of Pakistan. In fact,
One Unit and parity between the two wings of Pakistan were the basic cornerstones of
constitution-making and were more or less wedded to one another. West Pakistan, as one
province with 46 per cent of the population and 85 per cent of the land area, and East Pakistan,
with 54 per cent of the population and 15 per cent of the land area, somehow balanced one
another and parity between the two provinces a natural and reasonable arrangement In any case,
the fate of One Unit was sealed by a military dictator, Yahya, whose role was purely transitional.
He had no mandate whatsoever to tinker with the One Unit, leave alone of dissolving it
altogether.

After the announcement. Yahya made a presidential order for the dissolution of the province of
West Pakistan. Four provinces: namely Balochistan, the NWFP, the Punjab, and Sindh, were
carved out of West Pakistan, keeping the Islamabad capital territory and the centrally
administered tribal areas out of these reconstituted provinces. Pakistan Western Railway, running
through all four provinces, was vested in the President. West Pakistan Water and Power
Development Authority (WAPDA) continued as before. Certain corporations set up under the
West Pakistan laws and administered by the West Pakistan government were not divided and
were allowed to continue, with the President exercising the powers of the provincial government
in relation to these corporations. However, the High Court of West Pakistan had to be split into
separate High Courts, one each for the four provinces, leaving more than one province sharing a
common High Court A separate Public Service Commission for each province was to be
established. Civil servants belonging to provincial services were to be allocated to the new
provinces. The existing laws of the West Pakistan province were to continue and duly adapted by
the new provinces. Territories assigned to each new reconstituted province were described in the
schedule to the dissolution order.

Legal Framework Order, 1970

In a broadcast on 28 March 1970, Yahya announced that the Legal Framework Order, 1970,
gazetted on 30 March, would lay down the basic principles for the future Constitution of
Pakistan; that the One Unit system would end by 1 July in West Pakistan; that the National
Assembly would consist of 313 members, of which 13 seats would be reserved for women; and
the provincial elections would be held not later than 22 October 1970.

The Legal Framework Order, 1970, in laying down the fundamental principles which would be
incorporated in the new Constitution, stated:

1. The National Assembly would consist of 313 members, of whom 300 would be elected
to fill general seats and 13 to fill seats reserved for women. East Pakistan was allocated
162 general seats and 7 women seats. The Punjab was allocated 82 general seats and 3
women seats, Sindh 27 general seats and 1 women seat, the NWFP 18 general seats and
1 women seat, and Balochistan 4 general seats and 1 women seat. The tribal areas were
allocated 7 general seats.
2. There would be a Provincial Assembly for each province, consisting of a number of
members elected to fill general seats and a number to fill seats reserved for women. East
Pakistan would again hold the largest number of seats. The seats were allocated as under:

GENERAL WOMEN

East Pakistan 300 10

The Punjab 180 6
Sindh 60 2
Balochistan 20 1
The NWFP 40 2
3. Polling for election to the National Assembly would commence on 5 October 1970, and
for the Provincial Assemblies not later than 22 October 1970.
4. The Constitution would be so framed as to embody the following fundamental
principles:
i. Pakistan should be a federal republic to be known as the Islamic Republic of
Pakistan.
 ii. (a) Islamic theology, which is the basis for the creation of Pakistan, would be
preserved. (b) The head of state would be a Muslim.
iii. (a) Adherence to fundamental principles of democracy would be ensured by
providing direct and free periodical elections to the federal and provincial
legislatures on the basis of population and adult franchise. (b) The fundamental
rights of the citizens would be laid down and guaranteed. (c) The independence
of the judiciary would be secured..
iv. It would be ensured that: (a) people of all areas in Pakistan would be enabled
to participate fully in all forms of national activities; and (b) within a specified
period, economic and all other disparities between the provinces and between
different areas in a province would be removed by the adoption of statutory and
other measures.
v. The Constitution would contain in its preamble an affirmation that: (a) The
Muslims of Pakistan would be enabled, individually and collectively, to order
their lives in accordance with the teachings of Islam as set out in the Holy
Quran and Sunnah, and (b) The minorities would be free to profess their
religions freely, and to enjoy all rights, privileges, and protection due to them
as citizens of Pakistan.
vi. The Constitution would provide that: (a) The National Assembly, constituted
under the order, would: (1) be the first legislature of the federation for the full
term if the legislature of the federation consisted of one House; and (2) be the
first Lower House of the legislature of the federation for the full term if the
legislature of the federation consisted of two Houses. (b) the provincial
assemblies elected in accordance with this order should be the first legislatures
of the respective provinces for the full term.
vii. The National Assembly would frame the Constitution in the form of a Bill to be
called the Constitution Bill within a period of 120 days from the date of its first
meeting, and on its failure to do so would stand dissolved.
5. Provisions were made regarding the summoning of the National Assembly after
elections, its Speaker and Deputy Speaker, privileges of its members were also made..
6. Provisions regarding qualifications and disqualifications for being a member of the
National Assembly had also been made.
7. Political parties contesting the forthcoming elections were required to contest the
elections within the limits of the Legal Framework Order.

Mr Justice Abdus Sattar of the Supreme Court was appointed Chief Election Commissioner to
prepare for and hold elections to the National and the Provincial Assemblies.

Political Alliances and Free Electioneering

As discussed above, political activity was free from 1 January 1970, and all the parties were
allowed electioneering. Around twenty-four political parties or groups were in the contest. It
was, however, discernable that Mujib in East Pakistan and Bhutto in West Pakistan would
emerge as leading political leaders This gave them greater advantage over their opponents,
Unfortunately, neither one of them took any interest in the elections in the other wing Bhutto's
Peoples Party did not nominate a single candidate in East Pakistan Mujib's Awami League did
nominate seven candidates (out of 138 constituencies) in West Pakistan but they were wholly on
their own. Mujib's platform was his indictment of West Pakistan for everything that was wrong
in East Pakistan. In his first election speech, he declared that the Bengalis had made a mistake in
accepting parity in the 1956 Constitution. The central government, he thundered, was a mere tool
in the hands of West Pakistani exploiters who had robbed East Pakistan of her capital, her
economic potential, her foreign exchange, her sons right to job in the administrative and defence
services, and of participation in the conduct of national and local affairs and in the profitable
industries built up in West Pakistan on the fruits of this colonial style spoliation. After the flood
and cyclone disasters of 1970, his rhetoric sank to the level of a vitriolic smear campaign against
West Pakistan. He campaigned on the basis of his Six Points which he called the charter which
would secure the rights of East Pakistanis.

Critics of the Awami League and its political opponents found it impossible to voice their views
in public because the Awami League supporters or their hired hoodlums broke up the meetings
of other parties, particularly Council Muslim League and the Jamaat-e-Islami, and their workers
were beaten up. All potential political rivals were silenced and terrorized by these strong-arm
tactics of the Awami League who had a campaign of intimidation in full swing by the time
elections were announced.

There was, however, a militant element in the Awami League which believed in socialism as the
solution to the poverty in East Pakistan and which argued that only in an independent East
Bengal or Bangladesh would it be possible to set up a socialist order. The nucleus of this group
was formed in 1962 in Dhaka University and it obtained control of the East Pakistan Students
League (EPSL) which, along with the pro-Beijing East Pakistan Students Union (EPSU), played
a leading role in the presidential elections of 1965 and in the agitation against Ayub in 1969.
Until the emergence of Bangladesh, it posed as an integral, though radical, part of the Awami
League. Other leftists gave priority to a revolutionary class struggle of the masses whose
interests, they argued, were being jeopardized by promoting the secession of East Pakistan under
bourgeois leadership. They eventually chose to boycott the poles but the radicals in the Awami
League regarded elections as a step towards the final goal of independence and threw themselves
wholeheartedly into the campaign under a bourgeois leadership. The election campaign enabled
them to organize a party cadre of thousands of urban educated youth for mass contact in the
villages. By 6 June 1970, their group had drafted a declaration of independence and prepared the
design for a new national flag. On 12 August, six months prior to the elections, the Central
Committee of the EPSL adopted a resolution for a Swadhin Samajtantrik Bangladesh
(Independent Socialist Bangladesh).

General Elections, December 1970, and their Results

The general elections held on 7 December 1970, were the first ever throughout Pakistan held on
the basis of one man, one vote and resulted in an overwhelming victory for Mujib's Awami
League in East Pakistan and a large majority for Bhutto's Pakistan People's Party in West
Pakistan. Out of a total of 291 seats, the Awami League gained 151 and the Pakistan People's
Party 81. In all, twenty-three parties put forward 1237 candidates for the 291 seats, and there
were also 391 independent candidates. Over 60 candidates in East Pakistan withdrew on the eve
of the elections, ostensibly as a protest against the government's handling of relief operations in
the Ganges Delta after the cyclone disaster of November 1970.

The election campaign and the voting took place in a peaceful atmosphere and all parties,
including those that were defeated, agreed that the elections were both free and fair in nine
constituencies in East Pakistan, voting had been postponed until 17 January 1971 due to the
effects of the cyclone, and all of these were taken by the Awami League. In East Pakistan, only
57 per cent of the registered voters cast their votes as against 69 per cent in the Punjab, 60 per
cent in Sindh, 48 perent in the NWFP, and 40 per cent in Balochistan Of the 57 per cent of the
electorate who voted in East Pakistan, the Awami League gained 75 per cent, so that in fact it
owed its massive victory, which eventually gave it 167 out of 169 seats allocated to the East
Pakistan in a National Assembly of 31.3. to only 41 per cent of the East Pakistan electorate. Why
the turnout was so poor in East Pakistan is not clear, but it is conjectured that this was due to the
strong arm tactics of the hired hoodlums of the Awami League.

The results of 1970 general elections for the National Assembly held on 7 December 1970, are
given in Table

EAST PUNJA SINDH NWFP BALOCHISTA TOTAL

PAKISTAN B N
Awami League 151(153) -(2) -(2) -(2) -(1) 151(160)
Pakistan People's -(-) 62(77) 18(25) 1(16) -(1) 81(119)
Party
Council Muslim -(50) 7(50) -(12) -(5) -(2) 7(119)
League
Ahle Sunnat -(-) 4(39) 3(8) -(-) -(1) 7(48)
Jamaat-e-Islami -(69) 1(43) 2(19) 1(15) -(2) 4(148)
Qayyum Muslim -(65) 1(34) 1(12) 7(17) -(4) 9(132)
League
Conventional -(93) 2(24) -(6) -(1) -(-) 2(124)
Muslim League
Pakistan 1(81) -(21) -(3) -(2) -(1) 1(108)
Democratic Party
 National Awami -(39) -(-) -(6) 3(16) 3(3) 6(64)
Party (Wali
Group)
Jamiatul Ulema-- -(13) -(47) -(20) 6(19) 1(4) 7(103)
Pakistan (Hazarvi
Group)
Independents 1(109) -(114) 3(46) 7(45) -(5) 16(319)
153 82 27 25 4 291
Note The figures in parenthesis initiate the number of candidates put up by the party

SIX POINTS OF SHEIKH MUJIB-UR-REHMAN

1. Federation of Pakistan to be based on the Lahore Resolution, adult franchise and
parliamentary form of government

2. Defence and foreign affairs to be the concern of the Federation.

3. Two currencies one for East Pakistan and the other for West Pakistan or effective measures to
halt the flight of capital from the Eastern wing . A separate monetary and fiscal policy and bank
to the Western reserve for East Pakistan.
4. Powers for levying taxes to be invested in the Provinces which would central

5. Separate trade links with foreign countries along with separate accounts for foreign exchange
earnings.

6. Establishment of a separate para-military force for East Pakistan.

Constitutional breakdown

Yahya also held discussions with Bhutto in Larkana who cleverly tried to drag the army into the
situation as the third party in addition to the Awami League and the Peoples' Party. Bhutto raised
his concern about the implication of the six points. He indicated the possibility of an agreement
if Mujib compromised on two points, foreign trade and foreign aid as well as taxation. As they
stood, he thought the Six Points were bound to lead to secession. Bhutto's articulation of the
dangers arising from them to the country and to army must have created a deep impression on
the Generals. He gave an impression to Yahya that the army was with him on this issue. This
meeting between Bhutto and Yahya and his Generals, particularly in the hometown of Bhutto in
a relaxed atmosphere, must have created suspicions in Bengali minds of the army and Bhutto
trying to deprive East Pakistanis of their electoral victory. Bhutto and his delegation did visit
Dhaka at the end of January and heid a series of meetings with Mujib. He conveyed to Mujib that
the general impression of the people of West Pakistan was that the Six Points spelt the end of
Pakistan. He offered to go as far as possible to meet the essential demands. On the date of
summoning the meeting of the Assembly, the two of them differed. Mujib wanted the earliest
possible session of the National Assembly, not later than 15 February. Bhutto wanted more time.
On his return, Bhutto informed Yahya that the Awami League had already prepared its draft of
the Constitution which it would no doubt get passed by the Assembly. He assumed. without
sufficient evidence, that the Awami League sought to impose constitutional obligations of
intolerable financial burdens on the West Pakistan provinces to compensate East Pakistan for
past inequalities. He advised Yahya not to call the Assembly session until he had made one more
attempt to negotiate a settlement with Mujib.

Postponement of the National Assembly Session

Mujib grew more and more adamant over the Six Points, and it became painfully clear that he
had lost interest in anything but the future of East Pakistan. He consistently referred to the East
Wing as Bangladesh' and refused to visit West Pakistan or to meet Yahya for further talks,
sending him a message to the effect that if the Six Points were not accepted in their entirety,
rivers of blood will flow. Meanwhile, the political leaders of the western wing who had been
elected to the National Assembly became more and more uneasy at the uncompromising attitude
of Mujib. Yahya finally decided on 13 February to summon the National Assembly to meet in
Dhaka on 3 March to which Bhutto announced on 15 February that the PPP would not attend the
National Assembly session if Awami League was not flexible. He demanded an adjustment on
the Six Points. Mujib again reiterated that the Constitution would be based on the Six Points
because such a mandate was given to him by the people. Wali Khan announced the participation
of NAP in the National Assembly session because, he said, constitution-making should be above
party politics He said that the Awami League would not impose the Six Points on the West wing
and additional powers to the centre could be given if the units so desired. Awami League
prepared a draft Constitution incorporating the Six Points which was adopted by the parliamen
tary committee of the Awami League on 27 February 1971. The West wing was left to choose its
own kind of autonomy. The salient features of the draft constitutional principles were as under:

i. The country would be named the Federal Republic of Pakistan.

ii. ii. East Pakistan would be named Bangladesh and NWFP would be called
Pakhtoonistan
iii. . iii. There would be two seats of federal government, a winter seat in Dhaka and a
summer seat in Islamabad.
iv. War or emergency would not be declared without the consent of the National
Assembly
v. Either the army headquarters would be in Bangladesh or the Navy and the Air Force.
vi. Foreign Affairs, Defence, and Currency would be central subjects. vii. Two
Reserve Banks for the two wings would be provided.
vi. Foreign loans would be paid by the provinces according to the proportion of
utilization. ix. The centre would have no taxation power.
vii. The federal government would raise revenues through levy on the units on the basis
of per capita income, expenditure, and according to the following percentage:
 Bangladesh 27
Punjab 37
Sindh 21
Balochistan 8
Pakhtoonistan 7
Yahya made the fateful mistake on 1 March 1971, of postponing the National Assembly session
giving more time to the parties to reach a consens on Constitution-making. Mujib deplored the
postponement and called for a strike throughout Eat Pakistan on 3 March 1971,14

The Awami League in Revolt

The announcement of the postponement of the National Assembly session was received in East
Pakistan with fierce resentment. The conclusions formed in East Pakistan were (a) the army was
determined to frustrate all effective moves towards democratic transfer of power, and (b) there
was collusion between Yahya and Bhutto. In West Pakistan, public reactions were mainly
gloomy. It was said openly that each time the military interfered in politics, the result was worse.
On 1 March, Awami League militants looted and burned many shops and houses and raided the
Narayanganj Rifle Club for arms. Almost all the students of Dhaka University, except committed
militants, Iqbal Hall and Jagannath Hal were used as centres from which armed gangs went out
to collect arms, vehicles, and money. On 1 March, two firearms shops were looted and taken to
an arsenal in Jagannath Hall. Practice firing was heard all day in the University grounds. On the
previous night, there had been looting and arsen Encouraged by the fact that the troops were
confined to the barracks on the orders of the Governor, mos armed with firearms, staves, and
iron bars raided business premises in Jinnah Avenue and Bat Mukarram. The Shalimar Hotel and
Gulistan Cinema were attacked and set on fire. Police office reported that they could no longer
trust their rank and file to deal with the mobs and asked for the assistance of the military. This
was granted, and i curfew was imposed. An army unit was attacked Sadarghat and six rioters
were killed in the firing There was extensive defiance of the curfew, and inspite of the efforts of
the military, arson and looting continued throughout the night. Os March, mob violence spread to
other parts of Dhaka. Mujib must thus have felt completely secure even if it came to a clash of
arms, with the support of the police, most of whom were with him. So Mujib could count on
some 176,000 armed Bengalis as against only 10,000 soldiers from West Pakistan. Moreover
with the ban on over-flying Mujib was confident that, there would be no reinforcements coming
from West Pakistan. Accordingly on 7 March he announced plans for setting up a parallel
government of his own. These included the complete closure of all educational institutions,
government offices and courts; the stoppage of any remittances to West Pakistan; and the
organization of revolutionary councils in every union, mohalla, thana, sub-division and district
who were to take over the administration under the direction of local Awami League units. Later,
the original directive to pay no taxes to the western wing was modified to ensure that taxes were
collected but paid into two private banks. Detailed directives were issued to the Press and to the
radio and TV stations ensuring that nothing went out which did not conform to the liking of the
Awami League. There seems to have been little trace of religious intolerance about the killings,
beatings, and burnings. The criterion was political, and Muslims suffered as much as Hindus.
The Particularly serious rioting took place in Chittagong on 3 March and in Khulna on 5 March
resulting in hundreds of casualties. To add to the growing anarchy, the East Bengal Regiment,
the East Pakistan Rifles, and the bulk of the para-military frontier security guards, far from using
their strength to restore law and order, expressed their sympathy with the local Awami League.

Hijacking of an Indian Aircraft

On 30 January, a Fokker aircraft of the Indian Airlines Corporation made an unscheduled
landing at Lahore Airport. Enquiries revealed that two of the passengers, claiming to be
'Kashmiri Freedom Fighters, had hijacked the plane as a protest against the externment of
opposition leaders by the Indian supported Kashmir government prior to the Indian general
elections. Feelings against the Indian government were already running strong in the Punjab, and
when news of the hijacking became known, there was great public enthusiasm. The Pakistan
government was in an awkward situation Under international convention, the hijackers had to be
arrested, but they refused to leave the plane. With great difficulty, they were persuaded to release
the passengers and the crew, who were taken to the hotel in Lahore, provided with clothing and
other necessities, and given full VIP treatment before being taken to the Indian frontier. Several
of them later thanked the Pakistan authorities for the care and consideration which had been
shown to them. The Indian High Commission was informed and assured of the efforts of the
Pakistan government to return the plane safely. The High Commission was also invited to send a
representative to the spot if it wished. Meanwhile, the two hijackers were acclaimed as popular
heroes. They addressed a press conference, one of them remained on the plane and asked for
political asyium. Since the Pakistan government has consistently refused to acknowledge India's
occupation of part of Kashmir holding that Kashmiris so are not Indian nationals, the request was
granted.

Negotiations for Political Settlement

On 23 March there were armed rallies and demonstrations and the 'Bangladesh' flag was hoisted,
the constitutional discussions continued. The Awami League refused to work on the draft
proclamation which until then had been the working paper, and produced one of their own. In
this new draft, which did not seem to take account of the legal difficulties already under
discussion, several novel proposals were put forward. It was proposed that members of the
National Assembly elected from the state of Bangladesh' and the states of West Pakistan were to
be sworn and set up separately to frame. Constitutions for the 'state of Bangladesh and for the
states of West Pakistan. There was an alteration in the oath of office laid down in the Legal
Framework Order. More revealing still, was the suggestion that the National Assembly should
proceed to frame a Constitution of the 'Confederation of Pakistan, an expression applicable only
to an agreement between independent sovereign states to join together for certain purposes. This,
along with other provisions which would have left the central government a mere ghost without
taxation-powers to raise funds even for the shadowy functions allowed to it, ran clearly contrary
both to the Legal Framework Order and even to Mujib's own Six Points, one of which provided
that Pakistan should be a federal republic. The serious implication of a proclamation of this kind
which intended to serve the purpose of an interim Constitution, were pointed out both by Yahya's
advisers and by the representatives of the West wing political parties, but the Awami League
representatives refused to modify even a single point. Tajuddin Ahmad went so far as to say that
even this proclamation would be redundant if it was not issued within the following forty-eight
hours. It was in vain that a number of distinguished political leaders called upon Mujib in the
hope that he would adopt an attitude which would have room for the views of other people. They
found him completely inflexible, elevated in spirit by a vast procession of armed volunteers
parading past his house. It was on the evening of 24 March that Yahya held his last meeting with
the Awami League leaders. They declined to alter their stand as set out in their own draft
proclamation, and in a subsequent news conference Tajuddin Ahmad announced: "From our side
there is no need for further meetings. In other words, their proclamation was their ultimatum.

While political negotiations were going on in Dhaka, the situation both in the capital and in the
outlying cities and districts of East Pakistan was deteriorating rapidly because of the Awami
League's persistent defiance of authority and determination to establish its own system of
government. Supporters of Bangladesh were now claiming that Mujib's followers maintained
perfect order, better order than was customary under Yahya's administration.

Use of Military Force in East Pakistan:

The Government of Pakistan declared the seats of absconding Awami League members of the
National Assembly as vacant and held by-elections to these seats. Consequently, a national
government was installed with Nur-ul-Amin as the Prime Minister and Z... Bhutto as the Foreign
Minister of Pakistan. In East Pakistan, General Tikka Khan took stem measures. Many
infiltrators were killed and a large number of traitors were sent to jail. In the meantime,
thousands of Awami League workers escaped to India. They were imparted guerilla training and
sent back to East Pakistan with the name of 'Mukti Bahni'. The members of Mukti Bahni joined
hands with the subversive elements who were working against the integrity of the country. India
was backing all the anti Pakistan activities. She had actually prepared a calculated plan for the
dismemberment of Pakistan. In July 1971, on the pretext of a hijacked plane to Lahore, India
banned all flights of Pakistani aircraft over her territory in order to stop all supplies to East
Pakistan. However, the circumstances took a new turn on 3rd November, 1971, when India
violated all international laws demanding withdrawal of Pakistani troops from East Pakistan.

Indo-Pakistan War of 1971:

The 1971 war between India and Pakistan started on 22nd November, 1971, when Indian Forces
launched an all out attack on East Pakistan. The Pakistani Forces there put up a gallant resistance
and inflicted heavy losses on the Indian forces. However, they could not continue their defensive
operations without supplies and reinforcements from distant West Pakistan. The Pakistan Army
tried to exert pressure on the West Pakistan Front but no substantial advance could be made due
to a large number of Bengali soldiers. The P.A.F too could not deliver the goods due to the
Bengali pilots and officers in it. The war continued amidst attempts in the Security Council for a
ceasefire which could not be achieved due to Russian veto on many occasions, Consequently,
Dacca fell on 16th December, 1971, and the Pakistani troops surrendered to the Indian Army. ()
Separation of East Pakistan: The fall of Dacca on 16th December, Pakistan. Following were the
causes which led to 1971, led to the separation of East separation of Eastern wing of the country:

1. Majority of teachers in educational institutions of East Pakistan were Hindus. These

teachers persuaded the new generation for rebellion against Pakistan on the basis of
Bengall Nationalism.
2. The economic backwardness of the East Pakistanis also generated feelings of hatred
against West Pakistan. They were told that the Westem wing was exploiting their
economy.
3. The irresponsible leadership of Suhrawardy, Bhashani, Mujib-ur Rehman also led to the
separation of East Pakistan.
4. The incompetent Muslim League leadership could not nip the evil in the bud and
allowed the parochial feelings to develop to dangerous limits,
5. The Six Points of Sheikh Mujib-ur-Rehman too played a major role in the separation of
East-Pakistan. These points captured the imagination of the Bengalis and they considered
Mujib as their saviour,
6. The sweeping victory of Awami League of "sheikh Mujib-ur-Rehman too went a
longway in encouraging the centrifugal forces because they came to learn about their
majority.
7. The role played by India was also instrumental in the fall of Dacca.
8. After the 1970 elections, Z.A. Bhutto and Mujib failed to arrive at some mutual
agreement on the transfer of power. These difference also led to the separation of East
Pakistan.
9. The military action in East Pakistan made West Pakistan very unpopular among the
Bengalis. Under the circumstance, they could not remain within Pakistan.
10. The Soviet Union also played a major role i. the separation of East Pakistan. It was due
to her veto that no ceasfire could be engineered through the Security Council. Russia also
signed a defence treaty with India.

After the fall of East Pakistan on 16th December, 1971, Gen. A.M. Yahya Khan decided to step
down from his office.