Introduction
During Army service officers were sometimes required to perform Court Martial duties as President, Member, Prosecutor and Defending Officer whereas some unfortunate officers are arraigned to appear as accused before a count martial. During my service I also attended court martial duties as president, prosecutor, member and defending officer. During the Martial Law regime I presided over a few Special Military Courts to try civilians for various heinous offences.
For the interest of our readers I have picked up a few cases of varied nature from my memory box.
Murder of innocent friend for a petty amount
About 55 years ago I was 2nd-in-Command of 3 Punjab Regt stationed at KOTLI-AK. My experience for having performed the duties of President DCM, Member of GCM, Prosecutor and Defending Officer in various cases during the last five years was known to the Commander 14 Para Brigade (Brig A.K. AKBAR, father of the famous eye specialist Lt Gen KAMAL AKBAR). The Brigade HQs was located at KOTLI. I was ordered to record summary of evidence of sepoy HAKIM (real name forgotten) of ASC Centre then located at CHAKLALA (now a boom of palatial houses) involved in a murder case. He was kept in the Police lockup of KOTLI.
The story was that Sepoy HAKIM was alleged to have murdered his companion MUSTAFA (real name forgotten) in the vicinity of his village situated near the AK border. Sepoy MUSTAFA belonged to BOMBAY area but at the time of independence, he had opted to serve with the Pakistan Army being a Muslim. His parents and other relatives were living in BOMBAY area in India. He was receiving letters from his parents urging him to visit them and get married to his fiancée. But as a Pakistani soldier he was not allowed to visit India. His letters posted from different addresses used to reach him after gap of over two months or so. He often remained in the grip of home sickness.
In confidence Sepoy HAKIM who belonged to a border village of KHOI RATTA (District KOTLI) agreed to help MUSTAFA in crossing the border on his own risk for onward journey to his home town. He had accepted the risk of being caught or shot by the Indian troops. To familiarize MUSTAFA with the border area HAKIM invited him to visit his village. Both were on a few days leave; MUSTAFA stayed in HAKIM’s village house and was shown the routes to the border area during daytime. After about a month, MUSTAFA in the company of HAKIM again visited HAKIM’s village and stayed for a few days in his house without meeting any villager. But some people had seen a stranger staying in HAKIM’s house.
In the meantime MUSTAFA applied for release which was granted and was paid Rs.700/- as his service dues. He also sold his pairs of uniforms and civilian clothes to his barrack mate of ASC Centre. He had given the name of HAKIM’s village as his temporary address in AK. It was winter and one dark night HAKIM accompanied MUSTAFA for his journey towards the border. MUSTAFA had hidden the money in a cloth belt tied around his waist and covered himself with a chaddar (sheet) to protect himself from the cold wind. This fact was mentioned by HAKIM in his statement given to police officials during their investigation.
One morning a shepherd boy, while grazing his flock of goats along the bank of a nullah saw two human legs protruding above the water surface. He was frightened and ran back to the village and reported what he had seen to the village Lambardar in the presence of his parents. On report by the Lambardar a police party reached the scene and with the help of some villagers recovered the dead body of a man without the head wrapped in a fawn coloured sheet. A heavy stone was tucked between the back of the corpse and the chaddar to keep the body submerged. When the rain water subsided the lower part of the body became visible whereas the heavy stone had drifted on the nullah bed and forced the legs to rise above the water level. Nature had inflicted a crack in the evil plan of greed and cruelty.
The Lambardars of the area had reported to the police that no man belonging to the nearby villages was missing. Some persons of HAKIM’s village reported to the police that a stranger had visited HAKIM’S house, stayed for a couple of days but was not seen since then. Photographs of the dead body without a head were taken and the chaddar and stone were kept under safe custody in the police station. Soon a police party went to ASC Centre CHAKLALA and was allowed to take HAKIM to his village for investigation. The police also met some friends of MUSTAFA to whom he had sold his uniforms and civilian clothes. They also obtained a photograph of MUSTAFA.
Sepoy HAKIM was kept in the police lock up. Obviously he was thrashed and tortured and taken to his village where he confessed in the presence of the Lambardar and some villagers that while crossing a small nullah he had struck MUSTAFA on the head from behind with his axe that severed his head from the neck. He had hidden the head buried under a tree, covered the dead body with the fawn coloured chaddar, weighed it down with a heavy stone and drowned it in the nullah. He also confessed that he had murdered MUSTAFA for the money he was carrying and as he fallen in the nullah he removed the belt full of Pakistani and Indian currency.
The head was dug out by HAKIM himself. The hair on the head had decayed and a front upper tooth was missing. Photographs were taken and for identification the tree was prominently marked and a sketch of the situation was prepared by the police.
The police sub inspector and the assistant sub inspector had not obtained the presence of a Magistrate for recording of the confession in accordance with the law of evidence. The IG police was furious and the SI and ASI were demoted one step down for showing negligence. The case was then handed over to the Army authorities and I was ordered to record the Summary of Evidence of Sepoy HAKIM.
I examined the chaddar minutely and to my surprise I found in one a DHOBI mark in black; this was a stroke of misfortune for the accused. I summoned the unit DHOBI who was washing MUSTAFA’s clothes, his barrack mates to whom he had sold his uniforms and other clothes and the Company Commander. I directed them to produce MUSTAFA’s uniforms and civilian clothes.
The Dhobi recognized the mark on the chaddar and confirmed that it belonged to MUSTAFA and all the clothes sold by MUSTAFA were also recognized. The photograph of the head was recognized by MUSTAFA’s barrack mates and the Dhobi. They also confirmed that one upper tooth of MUSTAFA was missing exactly was shown in the photograph. The Company Commander stated that MUSTAFA was paid Rs. 700/- as his service dues. All the barrack mates also confirmed that HAKIM had promised to help MUSTAFA in crossing the border. The accused has declined to cross examine the witnesses from ASC Centre.
The demoted police officials, the Lambardar, the shepherd boy and the villagers were also not cross examined by the accused. It had become a problem to obtain the presence of civilian witnesses. Days and weeks passed because some had left their villages in search of livelihood. The accused, HAKIM made a long statement saying the allegation of the murder of MUSTAFA was absolutely false and that the entire story regarding digging out the head was also fabrication of the Police and his enemies in the village. He stated that he had taken MUSTAFA close to the border and left him at midnight. Who killed him, who drowned his headless body in the nullah and who buried the severed head was not known to him. He also said the village Lambardar and the villagers were his enemies as such they wanted to deprive him and his family from the Lambardari and because of that, this mischievous plan had been concocted.
I examined the chaddar minutely and to my surprise I found in one a DHOBI mark in black; this was a stroke of misfortune for the accused. I summoned the unit DHOBI who was washing MUSTAFA’s clothes, his barrack mates to whom he had sold his uniforms and other clothes and the Company Commander. I directed them to produce MUSTAFA’s uniforms and civilian clothes. The Dhobi recognized the mark on the chaddar and confirmed that it belonged to MUSTAFA and all the clothes sold by MUSTAFA were also recognized.
It was evident from the behaviour of the civilian witnesses that they were hesitant to appear before an Army court. Also some important witnesses, despite repeated reminders had failed to appear. The case obviously had been mishandled by the police officials therefore the onus of further investigation, in accordance with the law of evidence, rested with the police who, in order to reestablish their damaged reputation, would be able to use all possible means to bring it to justifiable conclusion.
In view of the above I recommended to the Brigade HQs that the case be handed back to the Police and based on the above I listed the reasons. I personally spoke to the Deputy JAG (Col RAMAZAN) and apprised him with the salient points of the case and my recommendations that were submitted to the Brigade HQs. Soon I was posted out. After a year I came to know that HAKIM had been hanged. Nemesis though slow, is ever sure.
The King Smuggler – QASIM BHATTI
Before the Martial Law of 1958 smuggling had risen like a whirlwind, corruption flourished in every society, hoarding was not considered a crime and the political leaders feverishly intrigued and conspired against each other. The country had been driven into a terrible chaos. Since 1947 eight Prime Ministers had been dismissed/removed (one was murdered) or forced to resign. Those who managed to obtain through corrupt methods licences for importing machinery, medicine and other items meant for the progress of the country and well being of the masses, were sold to unauthorized persons at exorbitant prices and expensive cosmetic products, silken cloth, cars, crockery and other luxury items were imported.
Gold, diamonds, watches, jewelry were smuggled into Pakistan by sea and land routes. Wheat, rice, jute, sports goods and surgical instruments were being smuggled out to India, Afghanistan and Iran on camels, donkeys, truck and on boats (in East Pakistan).
The smugglers were well armed with weapons and moved in the Arabian Sea in fast moving launches/boats and were thus able to outrun the old and slow moving launches/ boats of the Custom Department.
Before the Martial Law of 1958 smuggling had risen like a whirlwind, corruption flourished in every society, hoarding was not considered a crime and the political leaders feverishly intrigued and conspired against each other. The country had been driven into a terrible chaos. Since 1947 eight Prime Ministers had been dismissed/removed (one was murdered) or forced to resign. Those who managed to obtain through corrupt methods licences for importing machinery, medicine and other items meant for the progress of the country and well being of the masses, were sold to unauthorized persons at exorbitant prices
During early 1959 (or end of 1958) Mr. Aziz Ahmad, the then Secretary General and Deputy Chief Martial Law Administrator had delivered a talk to the Army officers of GHQ. He said that details of even well planned and secret anti-smuggling operations were often leaked out to the smugglers. The plan used to be known to only the Police Chief, Intelligence Chief, the Customs Chief and the Minister concerned but the smugglers knew about the plan. According to the speaker, once a well armed secret force of 31 well armed chosen men was detailed to ambush/raid smugglers believed to be carrying a large amount of gold that was to be dumped into some secret den located on some off-shore island. Even the Commander of the secret force was not told about the destination; his men too were unaware. He was informed about the destination only a few hours before the time of ambush. When the raiding party reached the destination, they found 31 tea cups with refreshments neatly arranged on a sheet. Who had leaked out the information? Obviously it was someone from among the top brass.
It was also disclosed that QASIM BHATTI, the King Smuggler was a close friend of ISKANDER MIRZA, the President of Pakistan. He often visited the President’s private chambers and also had the privilege of sitting on the table although chairs were available. BHATTI frequently brought valuable gifts for the first couple and enjoyed tête-à -tête with the President.
“DAROGBER GARDNE RAVI (The lie be at the neck of the Teller).”
During the first week of January 1960 I was posted to 14 Punjab as the Commanding Officer. The unit was stationed at Lahore Cantt. The notorious gold smuggler QASIM BHATTI was being kept under house arrest in one of the JCO family quarters of my Battalion. A guard looked after the quarter. BHATTI was an important witness against some very senior civil and police officers who were alleged to have accepted illegal gratification from BHATTI. As Commanding Officer I went to check the guard and also to enquire about the welfare of BHATTI. On my arrival the guard turned out for my inspection. At the same time BHATTI came out, raised his right hand and bowing his head said ‘SALAM HUZUR.’ I quietly murmured ‘Praise be to Allah, the Most Gracious and Most Merciful. O Allah! Lord of Power (and Rule) Thou Givest Power to whom Thou Pleasest and Thou strippest off power from whom Thou pleasest.”
His each meal was brought by a driver in a car, often in different a limousine allowed by the Martial Law authorities. I was told he had a fleet of vehicles and launches/boats. At times his meal bringing car overtook me while riding my cycle back to my residence.
During April 1960 I took the Battalion to MALIR Cantt. Soon I was ordered to perform Martial Law duties. In May 1960 the Karachi Police had reported to the Martial Law Administrator (at that time Brig MUZZAR-UD-DIN, later GOC East Pakistan) that a scuffle had taken place between a young PAF officer (Flight Lieut) in uniform and a Police ASI who was on duty at the inside entrance of the Airport. The ASI alleged that the PAF officer, in the company of a young lady was drunk and had tried to force his way into the entrance without proving his identity. He was asked to produce written authority for entry but on refusal he was firmly denied. According to the ASI the PAF officer arrogantly punched him on the face which broke his denture and also inflicted bruises on his face. He also reported that the officer took out his identity card but without showing tore it and threw the pieces on the floor.
The PAF officer, young and handsome, stated that he was not drunk, that he showed his PAF identity card and asked to be allowed entry. He alleged that the ASI rudely refused entry on which he told him to behave and pay respect. He denied having punched the ASI saying that had he punched the ASI he would have broken his front teeth and inflicted serious bruises. The bruises and damaged denture shown by the ASI was fabrication and mischief of some police officials just to protect the ASI. He accepted that Miss ZINWALA (real name not being mentioned) was his companion when his identity card was torn.
As both parties were adamant not to hand over their witnesses to each other the Martial Law Administrator appointed a special court of enquiry to investigate the matter. The members were the Additional District Magistrate, SP Karachi, a Squadron Leader from the PAF Base Karachi, a senior officer of the Karachi Air Port whereas I was appointed as the President.
The statements of the ASI and some of his companions in uniform were recorded. It was the same as mentioned above but in reply to the court question, they were wavering and evasive. The doctor who wrote the injury certificate was also shaky while answering questions put by the court because I had warned him that whatever he stated, if required, could be used against him as evidence.
The court ordered the presence of Miss ZINWALA for recording her statement as she was a material witness. She was living in a posh room of a luxurious hotel that belonged to her father, one of the richest men in Karachi. However her father said she was sick and was unable to attend court – this was reported by the police bailiff who had delivered the court summon. I immediately sent an army doctor with the bailiff to examine Miss ZINWALA to determine if she was actually so sick that she was unable to attend court. The next day the doctor reported that the lady was medically fit to attend court. A police bailiff was sent to bring her to the court. In the meantime the guard at the court entrance reported that Mr. ZINWALA (father of Miss ZINWALA) wanted to meet me on some urgent matter. I told the guard to ask the gentleman to wait outside and that he would be called in if required. At about 1100 hours Miss ZINWALA appeared before the court. She was wearing a sari, in Parsi style with a sleeveless blouse. She sat in a chair right in front of me with crossed legs. I asked her full name and address but instead of replying she took out a cigarette from her purse and lit it. I asked her politely to accord due respect to the court, not smoke and sit up straight. She mentioned in her statement that the PAF officer was her friend and he had come to her room to wish her a happy birthday. During his stay of a few hours they had a couple of drinks but no one was drunk. She stated that if he had been drunk would he be able to drive the car from the hotel to the airport through traffic, a distance of over 15 miles? She supported that statement of the PAF officer. The police was unable to produce independent witnesses whereas most of their witnesses in uniform acted shaky and evasive.
To avoid any heart burning and ill feeling between the PAF and the Police, based on the findings, the court recommended summary disciplinary action against the PAF officer and the ASI to be taken by their respective departments. The Martial Law Administrator had agreed with the court findings and recommendations.
Adulteration of Sesame Oil
A mysterious disease had partially crippled some persons in KARACHI and some had, to an extent, lost their mental balance. Most of these people belonged to the lower class and were living in suburb localities. The doctors treating the victims discovered that the crippled persons had been taking their meals cooked in sesame oil bought from some shops located in their localities. The matter was reported to the Martial Law Administrator who ordered immediate sealing off of the shops and stores in question and ordered laboratory tests of the oil.
The tests revealed that the samples of oil contained some percentage (25 to 40%) of mobil oil. Obviously the shopkeepers had deliberately adulterated the sesame oil for earning extra amount to satisfy their greed. The wholesale dealer and shopkeepers were arrested and the MLA ordered the case to be tried by a Martial Law Court. The case was assigned to my court.
Some people from suburban localities had bought sesame oil for cooking meals, especially fish was fried using this oil. The victims were under treatment in hospitals but cure was very slow. A senior Magistrate and a Naval Officer were the members of the court.
All the accused pleaded not guilty. They were being defended by well known lawyers (Mr. Sheikh and Mr. Talmiz Burney assisted by half a dozen junior lawyers), the accused had denied having adulterated the oil by mixing mobil oil that was used in vehicles. The accused and their lawyers agreed that adulteration of foodstuff was a heinous crime against humanity, society, religion and laws of the country. The court visited the under treatment victims in the hospitals who recognized the shopkeepers from whom they had purchased the sesame oil from unsealed tins. The wholesale dealer (a rich 60 years old Haji) also denied adulteration of the sesame oil; however he was not aware if any of his salesmen had on their own adulterated the oil. The petty shopkeepers (retailers) were certain that the oil sold to the customers was bought from the open tins of the wholesale dealer. The price of mobil oil being sold in the vicinity of the suburb localities was much cheaper than the sesame oil.
Many eminent doctors who were under oath (including the renowned Dr. JUMMA, the famous Neuro surgeon of those days) had given their expert opinion before the court. The court had examined over thirty witnesses. The defence lawyers also produced some witnesses but when the prosecutor cross examined them, they displayed nervousness.
The colour of sesame oil and mobil oil was matching. The victims had bought the adulterated sesame oil at cheaper rates.
The court read the entire proceedings minutely and carefully and in two days every member noted down important points for subsequent discussion. The deliberations continued for another two days after which the court unanimously decided that all the accused were GUILTY and were awarded rigorous imprisonment for various terms. The wholesale dealer was also fined heavily which the court recommended be distributed among the victims.
End
Note: My court also tried a few cases relating to bribery, gold smuggling, rice smuggling, selling of import licences, etc). How I caught a passenger travelling in my air-conditioned train compartment (TEZGAM) carrying a few maunds of CHARAS in two suitcases, hold all (carrying bedding) and even in a Tiffin carrier can perhaps be narrated in a forthcoming issue of Defence Journal.
