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{{EngvarB|date=March | {{Short description|Pakistani jurist and academic (1910–1981)}} | ||
{{Use dmy dates|date=March | {{EngvarB|date=March 2022}} | ||
{{Use dmy dates|date=March 2022}} | |||
{{Infobox officeholder | {{Infobox officeholder | ||
| honorific-prefix = [[The Honourable]] | | honorific-prefix = [[The Honourable]] | ||
| name = Hamoodur Rahman | | name = Hamoodur Rahman | ||
| native_name = {{Nastaliq|حمود الرحمن}}<br>{{Nastaliq|হামুদুর রহমান}} | | native_name = {{Nastaliq|حمود الرحمن}}<br>{{Nastaliq|হামুদুর রহমান}} | ||
| honorific-suffix = | | honorific-suffix = [[Nishan-e-Imtiaz|NI]], [[Hilal-i-Imtiaz|HI]] | ||
| image = Chief Justice of Pakistan (Chief Justice) Hamood-ur-Rehman with Prime minister of Pakistan Zulfikar Ali Bhutto..jpg | | image = Chief Justice of Pakistan (Chief Justice) Hamood-ur-Rehman with Prime minister of Pakistan Zulfikar Ali Bhutto..jpg | ||
| image_size = 290px | | image_size = 290px | ||
| alt = | | alt = | ||
| caption = Rahman (left) with [[Zulfikar Ali Bhutto]] | | caption = Rahman (left) with [[Zulfikar Ali Bhutto]] | ||
| office = 7th [[Chief Justice of Pakistan]] | | office = 7th [[Chief Justice of Pakistan]] | ||
| term_start = 18 November 1968 | | term_start = 18 November 1968 | ||
| term_end = 31 October 1975 | | term_end = 31 October 1975 | ||
| nominator = [[Alvin Robert Cornelius]] | | nominator = [[Alvin Robert Cornelius]] | ||
| appointer = [[Ayub Khan (Field Marshal)|Ayub Khan]] | | appointer = [[Ayub Khan (Field Marshal)|Ayub Khan]] | ||
| predecessor = [[Fazal Akbar]] | | predecessor = [[Fazal Akbar]] | ||
| successor = [[Muhammad Yaqub Ali|Yaqub Ali]] | | successor = [[Muhammad Yaqub Ali|Yaqub Ali]] | ||
| office2 = [[List of Justices of the Supreme Court of Pakistan|Senior Justice of the Supreme Court of Pakistan]] | | office2 = [[List of Justices of the Supreme Court of Pakistan|Senior Justice of the Supreme Court of Pakistan]] | ||
| term_start2 = 15 December 1960 | | term_start2 = 15 December 1960 | ||
| term_end2 = 31 October 1975 | | term_end2 = 31 October 1975 | ||
| nominator2 = | | nominator2 = | ||
| appointer2 = [[Ayub Khan (Field Marshal)|Ayub Khan]] | | appointer2 = [[Ayub Khan (Field Marshal)|Ayub Khan]] | ||
| predecessor2 = | | predecessor2 = | ||
| successor2 = | | successor2 = | ||
| order3 = [[University of Dhaka#List of vice chancellors|Vice-Chancellor]] of the [[Dhaka University]] | | order3 = [[University of Dhaka#List of vice chancellors|Vice-Chancellor]] of the [[Dhaka University]] | ||
| office3 = <!--Can be repeated up to 16 times by changing the number--> | | office3 = <!--Can be repeated up to 16 times by changing the number--> | ||
| term_start3 = 11 May 1958 | | term_start3 = 11 May 1958 | ||
| term_end3 = 14 December 1960 | | term_end3 = 14 December 1960 | ||
| alongside3 = | | alongside3 = | ||
| chancellor3 = [[President of Pakistan]] | | chancellor3 = [[President of Pakistan]] | ||
| predecessor3 = [[Muhammad Ibrahim (justice)|Muhammad Ibrahim]] | | predecessor3 = [[Muhammad Ibrahim (justice)|Muhammad Ibrahim]] | ||
| successor3 = Dr. [[Mahmud Hussain]] | | successor3 = Dr. [[Mahmud Hussain]] | ||
| pronunciation = | | pronunciation = | ||
| birth_name = Hamoodur Rehman | | birth_name = Hamoodur Rehman | ||
| birth_date = {{birth date|df=yes|1910|11|1}} | | birth_date = {{birth date|df=yes|1910|11|1}} | ||
| birth_place = [[Patna]], Bihar, [[Presidencies and provinces of British India|British India]]<br /> (now in [[Bihar]], India) | | birth_place = [[Patna]], Bihar, [[Presidencies and provinces of British India|British India]]<br /> (now in [[Bihar]], India) | ||
| death_date = {{death date and age|df=yes|1981|12|20|1910|11|1}} | | death_date = {{death date and age|df=yes|1981|12|20|1910|11|1}} | ||
| death_place = [[Islamabad]], Pakistan | | death_place = [[Islamabad]], Pakistan | ||
| resting_place = | | resting_place = | ||
| resting_place_coordinates = | | resting_place_coordinates = | ||
| citizenship = [[British subject]] {{small|(1910–1947)}}<br />{{PAK}} {{small|(1947–1981)}} | | citizenship = [[British subject]] {{small|(1910–1947)}}<br />{{PAK}} {{small|(1947–1981)}} | ||
| nationality = {{flagicon image|Flag of Pakistan.svg}} [[Bengalis in Pakistan|Pakistani Bengali]] | | nationality = {{flagicon image|Flag of Pakistan.svg}} [[Bengalis in Pakistan|Pakistani Bengali]] | ||
| party = | | party = | ||
| otherparty = <!--For additional political affiliations--> | | otherparty = <!--For additional political affiliations--> | ||
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| spouse = | | spouse = | ||
| partner = <!--For those with a domestic partner and not married--> | | partner = <!--For those with a domestic partner and not married--> | ||
| relations = | | relations = | ||
| children = [[Hameedur Rahman]] | | children = [[Hameedur Rahman]]<nowiki> Mahfoozur Rahman </nowiki> | ||
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| relatives = | | relatives = | ||
| residence = | | residence = | ||
| education = | | education = | ||
| alma_mater = [[St. Xavier's College, Kolkata|University of Calcutta]]<br />[[University of London]]<br />[[Inns of Court School of Law]] | | alma_mater = [[St. Xavier's College, Kolkata|University of Calcutta]]<br />[[University of London]]<br />[[Inns of Court School of Law]] | ||
| occupation = | | occupation = | ||
| profession = Jurist | | profession = Jurist | ||
| known_for = | | known_for = | ||
| cabinet = | | cabinet = | ||
| committees = | | committees = | ||
| portfolio = | | portfolio = | ||
| awards = [[File:Medal of Excellence (ribbon).gif|30px]] [[Nishan-e-Imtiaz]] (1976)<br />[[File:Yellow Crescent, Symbol of Islam.png|15px]] [[Hilal-i-Imtiaz]] (1974) | | awards = [[File:Medal of Excellence (ribbon).gif|30px]] [[Nishan-e-Imtiaz]] (1976)<br />[[File:Yellow Crescent, Symbol of Islam.png|15px]] [[Hilal-i-Imtiaz]] (1974) | ||
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| signature = | | signature = | ||
| signature_alt = | | signature_alt = | ||
| website = <!--Military service--> | | website = <!--Military service--> | ||
| nickname = | | nickname = | ||
| allegiance = | | allegiance = | ||
| branch = | | branch = | ||
| serviceyears = | | serviceyears = | ||
| rank = | | rank = | ||
| unit = | | unit = | ||
| commands = | | commands = | ||
| battles = | | battles = | ||
| mawards = <!-- for military awards - appears as "Awards" if |awards= is not set --> | | mawards = <!-- for military awards - appears as "Awards" if |awards= is not set --> | ||
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| military_data5 = <!--Embedded templates / Footnotes--> | | military_data5 = <!--Embedded templates / Footnotes--> | ||
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}}[[File:Supreme_Court_of_Pakistan,_Islamabad_by_Usman_Ghani.jpg|thumb|[[Supreme Court of Pakistan]]]] | }} | ||
[[File:Supreme_Court_of_Pakistan,_Islamabad_by_Usman_Ghani.jpg|thumb|[[Supreme Court of Pakistan]]]] | |||
[[Chief Justice]] '''Hamoodur Rahman''' ({{lang-ur|{{Nastaliq|حمود الرحمن}}}}; 1 November 1910 – 20 December 1981<ref name="All-Pakistan Legal Decisions"/>), {{small|[[Nishan-e-Imtiaz|NI]]}}. {{small|[[Hilal-i-Imtiaz|HI]]}}, was a [[Pakistani Bengali]] [[Judge|jurist]] and an academic who served as the [[Chief Justices of Pakistan|Chief Justice]] of [[Pakistan]] from 18 November 1968 until 31 October 1975. | |||
Chief Justice Rahman remained a | Educated in [[Law and Justice|law]] and trained as a [[jurist]] from the United Kingdom, he chaired the [[Hamoodur Rahman Commission|War Enquiry Commission]] to investigate the [[:Category:Causes and prelude of the Bangladesh Liberation War|causes]] of the [[Bangladesh Liberation War]] that led to the creation of [[Bangladesh]].<ref name="auto">{{cite book|last1=War|first1=Pakistan Hamoodur Rehman Commission of Inquiry into the 1971|title=The report of the Hamoodur Rehman Commission of inquiry into the 1971 war: as declassified by the Government of Pakistan|url=https://books.google.com/books?id=v_xtAAAAMAAJ|publisher=Vanguard|access-date=22 August 2016|language=en|date=1 January 2000|isbn=9789694023519}}</ref> In addition, Rehman served as a [[Professor of law|law professor]] in the faculty of [[Karachi University]] and vice-chancellor of [[University of Dhaka]] while remaining active in promoting literacy across the country. After the [[independence of Bangladesh]], Rehman's family retained Pakistan's [[Citizenship of Pakistan|citizenship]] and [[Iqbal Hameedur Rahman|his son]] served as the [[List of Chief Justices of Islamabad High Court|Chief Justice]] of [[Islamabad High Court]].<ref>{{cite web|title=ISLAMABAD HIGH COURT|url=http://www.ihc.gov.pk/justice-iqbal-hameed-ur-rehman.html|website=www.ihc.gov.pk|access-date=22 August 2016|url-status=dead|archive-url=https://web.archive.org/web/20150317081357/http://ihc.gov.pk/justice-iqbal-hameed-ur-rehman.html|archive-date=17 March 2015|df=dmy-all}}</ref> | ||
Chief Justice Rahman remained a respected figure in [[Court system of pakistan|Pakistan's judiciary]], and is hailed for his [[honesty]] and [[Pakistani nationalism|patriotism]] that [[List of Justices of the Supreme Court of Pakistan|Senior Justice]] [[Khalil-ur-Rehman Ramday]] once publicly noted that "his Commission was the most honourable commission that was investigated by a Bengali Chief Justice, in spite of East-Pakistan disaster."<ref name="Lahore Bar Association">{{cite web|last1=Lahore Bar Association|title=A Great Name in History:Chief Justice Hamoodur Rahman|url=https://www.facebook.com/LahoreBarAssociationLahore/posts/340328182770413 |archive-url=https://ghostarchive.org/iarchive/facebook/212920255511207/340328182770413 |archive-date=2022-02-26 |url-access=limited|website=www.facebook.com|publisher=Lahore Bar Association|access-date=22 August 2022}}{{cbignore}}</ref> His findings, which exposed the [[1971 Bangladesh genocide|Bangladesh genocide]] and recommended charges for senior Pakistani officials, were never made public as the report was muzzled by the Bhutto administration under the guise of harming civil-military relations. | |||
==Biography== | ==Biography== | ||
===Early life, background, and education=== | ===Early life, background, and education=== | ||
{{Main|Bengalis|Bengali Muslims}} | {{Main|Bengalis|Bengali Muslims}} | ||
Hamoodur Rahman was educated in [[Calcutta]] and entered in | Hamoodur Rahman was born in [[Patna]], [[Bihar]], [[British Indian Empire|British India]] on 1 November 1910. Despite being born in Bihar, Rahman hailed from a [[Bengali Muslim]] family.<ref name="Scarecrow Press, Rehman">{{cite book|last1=Rahman|first1=Syedur|title=Historical Dictionary of Bangladesh|publisher=Scarecrow Press, Rehman|isbn=9780810874534|chapter-url=https://books.google.com/books?id=bJfcCPUr0OoC&q=Hamoodur+rahman+bengali&pg=PA133|access-date=22 August 2016|language=en|chapter-format=google books|chapter=Hamoodur Rehman Commission and the Report|date=27 April 2022}}</ref> Hamoodur Rahman's family practised law before the [[Partition of India]]— his brother, Maudoodur Rahman, was also a barrister who ascended as a Judge of [[Calcutta High Court]].<ref name="Islamabad High Court"/> His father, Khan Bahadur Dr. Dawood ur Rahman was the first Muslim civil surgeon in undivided India to do FRCS form Royal College London. He was the personal surgeon to the Emir of Kuwait.<ref name="Supreme court of Pakistan">{{cite web|last1=Supremecourt|title=Family background of Hameedur Rahman|url=http://www.supremecourt.gov.pk/web/|access-date=6 November 2017|archive-url=https://web.archive.org/web/20080910070018/http://www.supremecourt.gov.pk/web/|archive-date=10 September 2008|url-status=dead}}</ref> His father in law, [[Nawabzada Ashraf Ali]] was a [[barrister]] who was a practising advocate in the [[Calcutta High Court]].<ref name="Islamabad High Court"/> Ashraf Ali later participated in [[1930 Indian general election|general elections]] held in 1930 and was a member of [[East Pakistan Legislative Assembly|Bengal Legislative Assembly]].<ref name="Islamabad High Court"/> Ali later served as deputy speaker of the Bengal Legislative Assembly before the Partition of India.<ref name="Islamabad High Court">{{cite web|last1=IHC|title=Family background of Hameedur Rahman|url=http://www.ihc.gov.pk/justice-iqbal-hameed-ur-rehman.html|website=www.ihc.gov.pk/|publisher=Islamabad High Court|access-date=22 August 2016|language=en|url-status=dead|archive-url=https://web.archive.org/web/20150317081357/http://ihc.gov.pk/justice-iqbal-hameed-ur-rehman.html|archive-date=17 March 2015|df=dmy-all}}</ref> | ||
Hamoodur Rahman was educated in [[Calcutta]] and entered in [[St. Xavier's College, Calcutta|St. Xavier's College]] of the [[University of Calcutta]] where he secured his graduation in [[Bachelor of Arts|BA]].<ref name="Islamic Book Foundation">{{cite book|last1=Rahman|first1=Hamoodur|title=Reflections on Islam|date=1983|publisher=Islamic Book Foundation|page=277|url=https://books.google.com/books?id=uM7XAAAAMAAJ&q=hamoodur+rahman+BA+degree|access-date=20 August 2016|language=en}}</ref> He went to the Great Britain to attend the [[University of London]] where he graduated with the [[Bachelor of Laws|LLB]] degree and resume his studies in [[Gray's Inn]], London, and was called to the Bar in London in 1937. | |||
Upon arriving | Upon arriving in [[British India]], Rehman began practising law at the [[Calcutta High Court]] in 1938 and served as the legal councillor of the [[Calcutta Corporation]] in 1940. In 1943, he also presented the [[Mayor of Calcutta]] as its legal councillor, and was a member of the Junior Standing Counsel of the [[East Bengal]] from 1943 to 1947. After the [[independence of Pakistan]], he opted for [[East Pakistan]] and settled in [[Dhaka]] in 1948.<ref name="Islamabad High Court"/> He was the first Legal Advisor State Bank of Pakistan and drafted all the State Bank of Pakistan laws and rules [https://web.archive.org/web/20080910070018/http://www.supremecourt.gov.pk/web/ Supreme Court of Pakistan] He was appointed [[Attorney-General for Pakistan|Advocate-General of East Pakistan]] in 1953, and held it until 1954 when he was appointed to the bench as a judge of the [[Dhaka High Court]] by the [[Governor of East Pakistan]]. | ||
===Family=== | ===Family=== | ||
His son Justice Iqbal Hameedur Rahman is currently now the [[List of Justices of the Supreme Court of Pakistan|Senior Justice]] of the [[Supreme Court of Pakistan]]. In 2007, his son refused to take an oath under the [[Provisional Constitutional Order]] issued by President [[Pervez Musharraf]] who imposed the [[2007 Pakistani state of emergency|Emergency]] in November 2007. After his restoration in 2009, he resumed hearing cases at the [[Lahore High Court]] and eventually ascended as [[List of Chief Justices of Islamabad High Court|Chief Justice]] of [[Islamabad High Court]] in 2013.<ref>{{cite news |last=Zulfiqar |first=Qaiser |date=5 December 2010 |title=Islamabad High Court: Justice Hameedur Rahman nominated as chief justice |url=http://tribune.com.pk/story/86176/islamabad-high-court-justice-hameedur-rahman-nominated-as-chief-justice/ |newspaper=The Express Tribune}}</ref><ref>{{cite news |title=Oath taking: Justice Hameedur Rehman sworn in as SC judge |url=https://tribune.com.pk/story/512712/oath-taking-justice-hameedur-rehman-sworn-in-as-sc-judge/ |newspaper=The Express Tribune |date=26 February | |||
His son Justice [[Iqbal Hameedur Rahman]] is currently now the [[List of Justices of the Supreme Court of Pakistan|Senior Justice]] of the [[Supreme Court of Pakistan]]. In 2007, his son refused to take an oath under the [[Provisional Constitutional Order]] issued by President [[Pervez Musharraf]] who imposed the [[2007 Pakistani state of emergency|Emergency]] in November 2007. After his restoration in 2009, he resumed hearing cases at the [[Lahore High Court]] and eventually ascended as [[List of Chief Justices of Islamabad High Court|Chief Justice]] of [[Islamabad High Court]] in 2013.<ref>{{cite news |last=Zulfiqar |first=Qaiser |date=5 December 2010 |title=Islamabad High Court: Justice Hameedur Rahman nominated as chief justice |url=http://tribune.com.pk/story/86176/islamabad-high-court-justice-hameedur-rahman-nominated-as-chief-justice/ |newspaper=The Express Tribune}}</ref><ref>{{cite news |title=Oath taking: Justice Hameedur Rehman sworn in as SC judge |url=https://tribune.com.pk/story/512712/oath-taking-justice-hameedur-rehman-sworn-in-as-sc-judge/ |newspaper=The Express Tribune |date=26 February 2022}}</ref> | |||
==Career as Supreme court justice== | ==Career as Supreme court justice== | ||
===Supreme Court of Pakistan=== | ===Supreme Court of Pakistan=== | ||
{{Main|History of the Supreme Court of Pakistan|List of Justices of the Supreme Court of Pakistan|Supreme Court of Pakistan}} | {{Main|History of the Supreme Court of Pakistan|List of Justices of the Supreme Court of Pakistan|Supreme Court of Pakistan}} | ||
During his career as Senior Justice at the Supreme Court, Rehman held various dignified positions and engaged himself in promoting | Justice Hamoodur Rahman served as a judge of the [[Dhaka High Court]] from 1954 until 1960 when he was appointed as Senior Justice of the [[Supreme Court of Pakistan]] by the [[President of Pakistan]].<ref name="Islamabad High Court" /> In addition, Rahman served as the vice-chancellor of [[Dhaka University]] from 11 May 1958 until 14 December 1960 while serving as visiting professor of law at the [[Karachi University]].<ref name="Islamabad High Court" /> | ||
During his career as Senior Justice at the Supreme Court, Rehman held various dignified positions and engaged himself in promoting literacy across the country. From 1959 to 1960, he was a member of [[International Court of Arbitration]] that is based in the [[The Hague|Hague]], Netherlands.<ref name="Islamabad High Court" /> In 1964, Rehman, upon requested by the [[Ministry of Education (Pakistan)|Ministry of Education]] (MoEd), led the "Commission on Students Problems and Welfare" as its chairman where he authored the report and submitted the case study recommendations to the [[Government of Pakistan]] in 1966.<ref name="Manager of Publications">{{cite book|last1=Welfare|first1=Pakistan Commission on Student Problems and|last2=Education|first2=Pakistan Ministry of|title=Commission on Student Problems and Welfare|date=1966|publisher=Manager of Publications|url=https://books.google.com/books?id=gTRYAAAAMAAJ&q=Hamoodur+|access-date=22 August 2016|language=en}}</ref> In 1967, he was the member of the "Law Reforms Commission" that conducted the various case studies on [[Agriculture in Pakistan|land reforms]] in Pakistan on behalf of [[Ministry of Law (Pakistan)|Ministry of Law]] (MoL)– its report was submitted in 1970 to the President of Pakistan.<ref name="Manager of Publications, Law reforms">{{cite book|last1=Commission|first1=Pakistan Law Reform|last2=Rahman|first2=Hamoodur|last3=Division|first3=Pakistan Law|title=Report, 1967–70:Law Reform Commission|date=1970|publisher=Manager of Publications, Law reforms|url=https://books.google.com/books?id=KChYAAAAMAAJ&q=Hamoodur+Rahman|access-date=22 August 2016|language=en}}</ref> | |||
===Chief Justice of Pakistan=== | ===Chief Justice of Pakistan=== | ||
{{Main|Chief Justice of Pakistan}} | {{Main|Chief Justice of Pakistan}} | ||
Chief Justice Hamoodur Rehman carefully distinguish the meaning of martial law in terms of controlling the internal disorder and imposing the martial law in alien territory.<ref name="Martinus Nijhoff Publishers"/> His stance stood firm against Yahya Khan's martial law but condone such actions by the application of [[doctrine of necessity]].<ref name="Cambridge University Press">{{cite book|last1=Newberg|first1=Paula R.|title=Judging the State|date=1995|publisher=Cambridge University Press|location=London [u.k]|isbn=0521452899|url=https://books.google.com/books?id=PbSeGQO3xdsC&q=hamoodur+rahman+1960&pg=PA240|access-date=22 August | In 1968, Senior Justice Hamoodur Rehman was nominated as [[Chief Justice of Pakistan|Chief Justice]] by outgoing Chief Justice [[Alvin Robert Cornelius]]; his appointment as Chief Justice was approved by President [[Ayub Khan (Field Marshal)|Ayub Khan]].<ref name="Martinus Nijhoff Publishers"/> His tenure witnessed the resignation of President Ayub Khan who invited [[Yahya Khan]] to take over the country through enforcing the [[Martial law in Pakistan|martial law]] in 1969. He heard the petition filed by Asma Jillani against Yahya Khan's takeover in case known as "''Asma Jillani vs. Government of the Punjab.''"<ref name="Martinus Nijhoff Publishers"/> Upon hearing the case, Hamoodur Rahman court retroactively invalidated the martial law that suspended the [[Constitution of Pakistan of 1962|Constitution]] and notably ruled that Yahya Khan's assumption of power was "illegal usurpation".<ref name="Martinus Nijhoff Publishers">{{cite book|last1=Omar|first1=Imtiaz|title=Emergency Powers and the Courts in India and Pakistan|publisher=Martinus Nijhoff Publishers|isbn=904111775X|pages=59–60|chapter-url=https://books.google.com/books?id=o6-wZP7Tz8YC&q=hamoodur+rehman+chief+justice&pg=PA60|access-date=22 August 2016|language=en|chapter-format=google books|chapter=Extra-Constitutional Emergency Powers: Martial Law|date=28 March 2022}}</ref> The Supreme Court also over-ruled and overturned its convictions that called for validation of [[1958 Pakistani coup d'état|martial law]] in 1958.<ref name="Martinus Nijhoff Publishers"/> | ||
Chief Justice Hamoodur Rehman carefully distinguish the meaning of martial law in terms of controlling the internal disorder and imposing the martial law in alien territory.<ref name="Martinus Nijhoff Publishers"/> His stance stood firm against Yahya Khan's martial law but condone such actions by the application of [[doctrine of necessity]].<ref name="Cambridge University Press">{{cite book|last1=Newberg|first1=Paula R.|title=Judging the State|date=1995|publisher=Cambridge University Press|location=London [u.k]|isbn=0521452899|url=https://books.google.com/books?id=PbSeGQO3xdsC&q=hamoodur+rahman+1960&pg=PA240|access-date=22 August 2022}}</ref> In 1970, he supported the [[Election Commission of Pakistan]] to hold the [[1970 Pakistani general election|general elections]] held in 1970 across the country.<ref name="Oxford University Press">{{cite book |last1=Patel |first1=Dorab |date=2000 |title=Testament of a liberal |location=Oxford |publisher=Oxford University Press |isbn=0195791975}}</ref> | |||
===Bangladesh and 1971 war=== | ===Bangladesh and 1971 war=== | ||
{{Main|Bangladesh Liberation War|Indo-Pakistani war of 1971}} | {{Main|Bangladesh Liberation War|Indo-Pakistani war of 1971}} | ||
Hamoodur Rahman, remained loyal to Pakistan during the [[Bangladesh Liberation War]] and the [[Indo-Pakistani war of 1971|war]] with India in 1971.<ref name="Scarecrow Press, Rehman" /><ref name="Routledge, Dixit">{{cite book|last1=Dixit|first1=J. N.|title=India-Pakistan in War and Peace|date=2 September 2003|publisher=Routledge, Dixit|isbn=1134407572|url=https://books.google.com/books?id=bOiBAgAAQBAJ&q=hamoodur+rehman+chief+justice+1971&pg=PT301|access-date=22 August 2016|language=en}}</ref> He did not supported the [[independence of Bangladesh]] and remained quiet throughout the events.<ref name="Routledge, Dixit"/> He administrated the oath of [[Zulfikar Ali Bhutto]] as President of Pakistan in 1971 at the [[Supreme Court of Pakistan Building|Supreme Court building]].<ref name="Govt. of Pakistan, Directorate General of Films and Publications, Ministry of Information and Media Development">{{cite book |last1=Pakistan Directorate General of Films and Publication |title=Pakistan chronology, 1947–1997: with prologue and afterword |publisher=Government of Pakistan, Directorate General of Films and Publications, Ministry of Information and Media Development |pages=369–380}}</ref> | |||
Hamoodur Rahman, remained loyal to Pakistan during the [[Bangladesh Liberation War]] and the [[Indo-Pakistani war of 1971|war]] with India in 1971.<ref name="Scarecrow Press, Rehman" /><ref name="Routledge, Dixit">{{cite book|last1=Dixit|first1=J. N.|title=India-Pakistan in War and Peace|date=2 September 2003|publisher=Routledge, Dixit|isbn=1134407572|url=https://books.google.com/books?id=bOiBAgAAQBAJ&q=hamoodur+rehman+chief+justice+1971&pg=PT301|access-date=22 August 2016|language=en}}</ref> He did not supported the [[independence of Bangladesh]] and remained quiet throughout the events.<ref name="Routledge, Dixit"/> He administrated the oath of [[Zulfikar Ali Bhutto]] as [[President of Pakistan]] in 1971 at the [[Supreme Court of Pakistan Building|Supreme Court building]].<ref name="Govt. of Pakistan, Directorate General of Films and Publications, Ministry of Information and Media Development">{{cite book |last1=Pakistan Directorate General of Films and Publication |title=Pakistan chronology, 1947–1997: with prologue and afterword |publisher=Government of Pakistan, Directorate General of Films and Publications, Ministry of Information and Media Development |pages=369–380}}</ref> | |||
==After the war== | ==After the war== | ||
In 1972–73, he went onto work with the [[United | In 1972–73, he went onto work with the [[United Nations]] and was a member of the [[United Nations Congress on Crime Prevention and Criminal Justice|Commission on Crime Prevention and Criminal Justice]].<ref name="Islamabad High Court" /> Chief Justice Justice Hamoodur Rahman retired with state honours in 1975 and administrated the oath to appoint Senior Justice [[Muhammad Yaqub Ali]] as Chief Justice. | ||
In 1974, he was the chairman of the [[Council of Islamic Ideology]] (CII) until retiring in 1977.<ref name="Islamabad High Court" /> | In 1974, he was the chairman of the [[Council of Islamic Ideology]] (CII) until retiring in 1977.<ref name="Islamabad High Court" /> | ||
==War Enquiry Commission== | ==War Enquiry Commission== | ||
{{Main|Hamoodur Rahman Commission}} | {{Main|Hamoodur Rahman Commission}} | ||
| Line 154: | Line 169: | ||
From 1971 until 1975, the Commission led by Rahman conducted several interviews of [[Pakistan Armed Forces|Pakistan military]]'s senior officers, bureaucrats, politicians, activists, and the Bengali nationalists.<ref name="US Institute of Peace Press" /> Criticism on the [[Government of Pakistan|government]] and misconduct of civilian politicians were very heavy and intense, therefore, the [[Hamoodur Rahman Commission Report|Report]] was never made it [[Public domain|public]] in Pakistan and concealed all of its information as the report was marked as "Top secret".<ref name="US Institute of Peace Press" /> | From 1971 until 1975, the Commission led by Rahman conducted several interviews of [[Pakistan Armed Forces|Pakistan military]]'s senior officers, bureaucrats, politicians, activists, and the Bengali nationalists.<ref name="US Institute of Peace Press" /> Criticism on the [[Government of Pakistan|government]] and misconduct of civilian politicians were very heavy and intense, therefore, the [[Hamoodur Rahman Commission Report|Report]] was never made it [[Public domain|public]] in Pakistan and concealed all of its information as the report was marked as "Top secret".<ref name="US Institute of Peace Press" /> | ||
The report explores a number of issues such as, [[1971 Bangladesh | The report explores a number of issues such as, [[1971 Bangladesh genocide|genocide of the Bengali populace]]—both civilians and Bengali soldiers—[[Rape during the Bangladesh Liberation War|rape]], pan smuggling, looting of banks in [[East Pakistan]], drunkenness by military officers, even an instance of a [[One-star rank|one star]] rank officer "entertaining" women while their troops were being shelled by Indian troops.<ref name="Brookings Institution Press">{{cite book |last1=Cohen |first1=Stephen P. |author-link=Stephen P. Cohen |year=2004 |title=The Idea of Pakistan |url=https://archive.org/details/ideaofpakistan00cohe |url-access=registration |publisher=Brookings Institution Press |language=en |page=[https://archive.org/details/ideaofpakistan00cohe/page/78 78] |isbn=0-8157-9761-3 |access-date=22 August 2022}}</ref><ref name="The Hamood-ur-Rahman Commission Report">{{cite web|title=The Hamood-ur-Rahman Commission Report|url=http://storyofpakistan.com/the-hamood-ur-rahman-commission-report|website=storyofpakistan.com|access-date=22 August 2016|date=1 June 2022}}</ref> The Report recommended a string of [[court martial|courts-martial]] and military trials against the top senior military officers including the [[Pakistan Air Force|PAF]]'s [[Air Marshal]] Enamul Haq (the [[Air Officer Commanding|AOC]] of [[Evolution of Pakistan Eastern Command plan|Eastern Air Command]] of Pakistan Air Force), [[Vice-Admiral]] [[Mohammad Shariff]] ([[Commander-in-Chief Fleet|Fleet Commander]] of the [[Evolution of Pakistan Eastern Command plan|Eastern Naval Command]] of Pakistan Navy), and [[Lieutenant-General]] [[Tikka Khan]] (the [[General Officer Commanding|GOC]] of [[Evolution of Pakistan Eastern Command plan|Eastern Army Command]] of Pakistan Army), and former generals such as [[Amir Abdullah Khan Niazi|Amir Khan Niazi]] and [[Rao Farman Ali]].<ref name="The Hamood-ur-Rahman Commission Report"/> | ||
Despite recommending field [[court martial|courts-martial]] by the commission, there were no actions taken by Prime Minister [[Zulfikar Ali Bhutto|Bhutto]] or the successive governments.<ref name="The Hamood-ur-Rahman Commission Report"/> Nearly 300 individuals were interviewed and hundreds of classified armed forces [[Morse code|military signals]] were examined, with the final comprehensive [[Hamoodur Rahman Commission Report|Report]] was submitted on 23 October 1974 by Chief Justice Hamoodur Rahman who submitted the report to Prime minister Secretariat.{{citation needed|date=January | Despite recommending field [[court martial|courts-martial]] by the commission, there were no actions taken by Prime Minister [[Zulfikar Ali Bhutto|Bhutto]] or the successive governments.<ref name="The Hamood-ur-Rahman Commission Report"/> Nearly 300 individuals were interviewed and hundreds of classified armed forces [[Morse code|military signals]] were examined, with the final comprehensive [[Hamoodur Rahman Commission Report|Report]] was submitted on 23 October 1974 by Chief Justice Hamoodur Rahman who submitted the report to Prime minister Secretariat.{{citation needed|date=January 2022}} | ||
===Rehman on "Separation"=== | ===Rehman on "Separation"=== | ||
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He noted that President [[Yahya Khan]] failed to seek a sincere political settlement with [[East Pakistan]].<ref name="The Hamood-ur-Rahman Commission Report" /> Though the responsibility of the debacle lay on the shoulders of the people in power then as was recommended in the report by Chief Justice Rahman.<ref name="Brookings Institution Press" /> | He noted that President [[Yahya Khan]] failed to seek a sincere political settlement with [[East Pakistan]].<ref name="The Hamood-ur-Rahman Commission Report" /> Though the responsibility of the debacle lay on the shoulders of the people in power then as was recommended in the report by Chief Justice Rahman.<ref name="Brookings Institution Press" /> | ||
When the report was submitted the then Prime Minister Bhutto, the Prime minister wrote to the chairman War Enquiry Commission Chief Justice Hamoodur Rahman, that the commission has exceeded its limits. The commission was appointed to look into the military "aspect of debacle", not the aspect of political failure; therefore, Bhutto classified the publications of the commission and marked its report as "[[Top Secret]]".{{citation needed|date=January | When the report was submitted the then Prime Minister Bhutto, the Prime minister wrote to the chairman War Enquiry Commission Chief Justice Hamoodur Rahman, that the commission has exceeded its limits. The commission was appointed to look into the military "aspect of debacle", not the aspect of political failure; therefore, Bhutto classified the publications of the commission and marked its report as "[[Top Secret]]".{{citation needed|date=January 2022}} | ||
===Fate of the Report=== | ===Fate of the Report=== | ||
{{Main|Hamoodur Rahman Commission Report}} | {{Main|Hamoodur Rahman Commission Report}} | ||
In 1974, the final [[Hamoodur Rahman Commission Report|Report]] was submitted but both Bhutto and President [[Muhammad Zia-ul-Haq|Zia-ul-Haq]] claimed that the report was lost and was nowhere to be located in the [[National Archives of Pakistan]].<ref name="Yale University Press, Jones">{{cite book|last1=Jones|first1=Owen Bennett|title=Pakistan: Eye of the Storm|year=2002|publisher=Yale University Press, Jones|isbn=0300101473|url=https://archive.org/details/pakistaneyeofsto00benn|url-access=registration|page=[https://archive.org/details/pakistaneyeofsto00benn/page/300 300]|quote=hamoodur rahman commission.|access-date=22 August 2016|language=en}}</ref> | |||
In 1974, the final [[Hamoodur Rahman Commission Report|Report]] was submitted, but both Bhutto and President [[Muhammad Zia-ul-Haq|Zia-ul-Haq]] claimed that the report was lost and was nowhere to be located in the [[National Archives of Pakistan]].<ref name="Yale University Press, Jones">{{cite book|last1=Jones|first1=Owen Bennett|title=Pakistan: Eye of the Storm|year=2002|publisher=Yale University Press, Jones|isbn=0300101473|url=https://archive.org/details/pakistaneyeofsto00benn|url-access=registration|page=[https://archive.org/details/pakistaneyeofsto00benn/page/300 300]|quote=hamoodur rahman commission.|access-date=22 August 2016|language=en}}</ref> | |||
In the 1990s, it was revealed through [[investigative journalism]] by [[The News International|''News International'']] that the [[Hamoodur Rahman Commission Report|Report]] was suppressed and was held secretly at the [[JS HQ (Pakistan)|Joint staff HQ]] in [[Rawalpindi]].<ref name="Lancer Publishers, Bhatt">{{cite book|last1=Bhatt|first1=Dr Arunkumar|title=Psychological Warfare and India|date=16 March 2015|publisher=Lancer Publishers, Bhatt|isbn=9788170621331|url=https://books.google.com/books?id=1whOBwAAQBAJ&q=hamoodur+Rahman+commission&pg=PA288|access-date=22 August 2016|language=en}}</ref> In 2000, portion of the [[Hamoodur Rahman Commission Report|Report]] was leaked equally by the ''[[India Today]]'' and the [[Dawn (newspaper)|''Dawn'']].<ref name="Lancer Publishers, Bhatt"/> However, the ''[[India Today]]'' wilfully suppressed its own publications as if the surrender was its own scandal.<ref name="Lancer Publishers, Bhatt"/> | In the 1990s, it was revealed through [[investigative journalism]] by [[The News International|''News International'']] that the [[Hamoodur Rahman Commission Report|Report]] was suppressed and was held secretly at the [[JS HQ (Pakistan)|Joint staff HQ]] in [[Rawalpindi]].<ref name="Lancer Publishers, Bhatt">{{cite book|last1=Bhatt|first1=Dr Arunkumar|title=Psychological Warfare and India|date=16 March 2015|publisher=Lancer Publishers, Bhatt|isbn=9788170621331|url=https://books.google.com/books?id=1whOBwAAQBAJ&q=hamoodur+Rahman+commission&pg=PA288|access-date=22 August 2016|language=en}}</ref> In 2000, portion of the [[Hamoodur Rahman Commission Report|Report]] was leaked equally by the ''[[India Today]]'' and the [[Dawn (newspaper)|''Dawn'']].<ref name="Lancer Publishers, Bhatt"/> However, the ''[[India Today]]'' wilfully suppressed its own publications as if the surrender was its own scandal.<ref name="Lancer Publishers, Bhatt"/> | ||
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==Death and legacy== | ==Death and legacy== | ||
Hamoodur Rahman lived a very quiet life in [[Lahore]] and remained active in the Supreme Court. He was appointed the Chairman of Islamic Ideology after his retirement for 3 years, later he was appointed as an advisor to the President of Pakistan on constitutional affairs. He also conducted a commission on election reforms and proposed the proportional representation system existing in Germany, Sri Lanka and many other countries. In which it can be accessed via the [[Supreme Court of Pakistan library|library]] to publish judicial supplements. He died in Lahore due to a [[Heart attack|cardiac arrest]] on 20 December 1981. He was buried in Lahore with close judicial associates and friends attending his funeral.<ref name="All-Pakistan Legal Decisions">{{cite book |date=1984 |title=The All-Pakistan Legal Decisions |url=https://books.google.com/books?id=ki0-AQAAIAAJ&q=hamoodur+rahman+BA+degree |publisher=All-Pakistan Legal Decisions |access-date=20 August | Hamoodur Rahman lived a very quiet life in [[Lahore]] and remained active in the [[Supreme Court of Pakistan]]. He was appointed the Chairman of Islamic Ideology after his retirement for 3 years, later he was appointed as an advisor to the [[President of Pakistan]] on constitutional affairs. He also conducted a commission on election reforms and proposed the proportional representation system existing in Germany, Sri Lanka and many other countries. In which it can be accessed via the [[Supreme Court of Pakistan library|library]] to publish judicial supplements. He died in Lahore due to a [[Heart attack|cardiac arrest]] on 20 December 1981. He was buried in Lahore with close judicial associates and friends attending his funeral.<ref name="All-Pakistan Legal Decisions">{{cite book |date=1984 |title=The All-Pakistan Legal Decisions |url=https://books.google.com/books?id=ki0-AQAAIAAJ&q=hamoodur+rahman+BA+degree |publisher=All-Pakistan Legal Decisions |access-date=20 August 2022}}</ref> | ||
Chief Justice Rahman remained very respected in [[Court system of | Chief Justice Rahman remained very respected in [[Court system of Pakistan|Pakistan's judiciary]] even after his death, and is hailed for his [[honesty]] and [[Pakistani nationalism|patriotism]] that Senior Justice [[Khalil-ur-Rehman Ramday]] once publicly noted that "his Commission was the most honorable commission that was investigated by a Bengali Chief Justice, in spite of East-Pakistan disaster", in 2010.<ref name="Lahore Bar Association"/> | ||
==See also== | ==See also== | ||
* [[List of Pakistanis]] | * [[List of Pakistanis]] | ||
* [[Chief Justice of Pakistan]] | * [[Chief Justice of Pakistan]] | ||
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[[Category:People from Islamabad]] | [[Category:People from Islamabad]] | ||
[[Category:Politicians from Patna]] | [[Category:Politicians from Patna]] | ||
[[Category:20th-century Bengalis]] | [[Category:20th-century Bengalis]] | ||
[[Category:Bengali lawyers]] | [[Category:Bengali lawyers]] | ||
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[[Category:Bengali Muslims]] | [[Category:Bengali Muslims]] | ||
[[Category:Bengali philosophers]] | [[Category:Bengali philosophers]] | ||
[[Category:Pakistani jurists]] | [[Category:Pakistani jurists]] | ||
[[Category:20th-century Pakistani philosophers]] | [[Category:20th-century Pakistani philosophers]] | ||
[[Category:People of East Pakistan]] | [[Category:People of East Pakistan]] | ||
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[[Category:Alumni of the University of London]] | [[Category:Alumni of the University of London]] | ||
[[Category:Bangladesh Liberation War]] | [[Category:Bangladesh Liberation War]] | ||
[[Category:Chief | [[Category:Chief justices of Pakistan]] | ||
[[Category:Justices of the Supreme Court of Pakistan]] | [[Category:Justices of the Supreme Court of Pakistan]] | ||
[[Category:University of Karachi faculty]] | [[Category:University of Karachi faculty]] | ||
Latest revision as of 00:32, 2 December 2022
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_Hamood-ur-Rehman_with_Prime_minister_of_Pakistan_Zulfikar_Ali_Bhutto..jpg){kind=link}
Chief Justice Hamoodur Rahman (Urdu: حمود الرحمن; 1 November 1910 – 20 December 1981[1]), NI. HI, was a Pakistani Bengali jurist and an academic who served as the Chief Justice of Pakistan from 18 November 1968 until 31 October 1975.
Educated in law and trained as a jurist from the United Kingdom, he chaired the War Enquiry Commission to investigate the causes of the Bangladesh Liberation War that led to the creation of Bangladesh.[2] In addition, Rehman served as a law professor in the faculty of Karachi University and vice-chancellor of University of Dhaka while remaining active in promoting literacy across the country. After the independence of Bangladesh, Rehman's family retained Pakistan's citizenship and his son served as the Chief Justice of Islamabad High Court.[3]
Chief Justice Rahman remained a respected figure in Pakistan's judiciary, and is hailed for his honesty and patriotism that Senior Justice Khalil-ur-Rehman Ramday once publicly noted that "his Commission was the most honourable commission that was investigated by a Bengali Chief Justice, in spite of East-Pakistan disaster."[4] His findings, which exposed the Bangladesh genocide and recommended charges for senior Pakistani officials, were never made public as the report was muzzled by the Bhutto administration under the guise of harming civil-military relations.
Biography[edit | edit source]
Early life, background, and education[edit | edit source]
Hamoodur Rahman was born in Patna, Bihar, British India on 1 November 1910. Despite being born in Bihar, Rahman hailed from a Bengali Muslim family.[5] Hamoodur Rahman's family practised law before the Partition of India— his brother, Maudoodur Rahman, was also a barrister who ascended as a Judge of Calcutta High Court.[6] His father, Khan Bahadur Dr. Dawood ur Rahman was the first Muslim civil surgeon in undivided India to do FRCS form Royal College London. He was the personal surgeon to the Emir of Kuwait.[7] His father in law, Nawabzada Ashraf Ali was a barrister who was a practising advocate in the Calcutta High Court.[6] Ashraf Ali later participated in general elections held in 1930 and was a member of Bengal Legislative Assembly.[6] Ali later served as deputy speaker of the Bengal Legislative Assembly before the Partition of India.[6]
Hamoodur Rahman was educated in Calcutta and entered in St. Xavier's College of the University of Calcutta where he secured his graduation in BA.[8] He went to the Great Britain to attend the University of London where he graduated with the LLB degree and resume his studies in Gray's Inn, London, and was called to the Bar in London in 1937.
Upon arriving in British India, Rehman began practising law at the Calcutta High Court in 1938 and served as the legal councillor of the Calcutta Corporation in 1940. In 1943, he also presented the Mayor of Calcutta as its legal councillor, and was a member of the Junior Standing Counsel of the East Bengal from 1943 to 1947. After the independence of Pakistan, he opted for East Pakistan and settled in Dhaka in 1948.[6] He was the first Legal Advisor State Bank of Pakistan and drafted all the State Bank of Pakistan laws and rules Supreme Court of Pakistan He was appointed Advocate-General of East Pakistan in 1953, and held it until 1954 when he was appointed to the bench as a judge of the Dhaka High Court by the Governor of East Pakistan.
Family[edit | edit source]
His son Justice Iqbal Hameedur Rahman is currently now the Senior Justice of the Supreme Court of Pakistan. In 2007, his son refused to take an oath under the Provisional Constitutional Order issued by President Pervez Musharraf who imposed the Emergency in November 2007. After his restoration in 2009, he resumed hearing cases at the Lahore High Court and eventually ascended as Chief Justice of Islamabad High Court in 2013.[9][10]
Career as Supreme court justice[edit | edit source]
Supreme Court of Pakistan[edit | edit source]
Justice Hamoodur Rahman served as a judge of the Dhaka High Court from 1954 until 1960 when he was appointed as Senior Justice of the Supreme Court of Pakistan by the President of Pakistan.[6] In addition, Rahman served as the vice-chancellor of Dhaka University from 11 May 1958 until 14 December 1960 while serving as visiting professor of law at the Karachi University.[6]
During his career as Senior Justice at the Supreme Court, Rehman held various dignified positions and engaged himself in promoting literacy across the country. From 1959 to 1960, he was a member of International Court of Arbitration that is based in the Hague, Netherlands.[6] In 1964, Rehman, upon requested by the Ministry of Education (MoEd), led the "Commission on Students Problems and Welfare" as its chairman where he authored the report and submitted the case study recommendations to the Government of Pakistan in 1966.[11] In 1967, he was the member of the "Law Reforms Commission" that conducted the various case studies on land reforms in Pakistan on behalf of Ministry of Law (MoL)– its report was submitted in 1970 to the President of Pakistan.[12]
Chief Justice of Pakistan[edit | edit source]
In 1968, Senior Justice Hamoodur Rehman was nominated as Chief Justice by outgoing Chief Justice Alvin Robert Cornelius; his appointment as Chief Justice was approved by President Ayub Khan.[13] His tenure witnessed the resignation of President Ayub Khan who invited Yahya Khan to take over the country through enforcing the martial law in 1969. He heard the petition filed by Asma Jillani against Yahya Khan's takeover in case known as "Asma Jillani vs. Government of the Punjab."[13] Upon hearing the case, Hamoodur Rahman court retroactively invalidated the martial law that suspended the Constitution and notably ruled that Yahya Khan's assumption of power was "illegal usurpation".[13] The Supreme Court also over-ruled and overturned its convictions that called for validation of martial law in 1958.[13]
Chief Justice Hamoodur Rehman carefully distinguish the meaning of martial law in terms of controlling the internal disorder and imposing the martial law in alien territory.[13] His stance stood firm against Yahya Khan's martial law but condone such actions by the application of doctrine of necessity.[14] In 1970, he supported the Election Commission of Pakistan to hold the general elections held in 1970 across the country.[15]
Bangladesh and 1971 war[edit | edit source]
Hamoodur Rahman, remained loyal to Pakistan during the Bangladesh Liberation War and the war with India in 1971.[5][16] He did not supported the independence of Bangladesh and remained quiet throughout the events.[16] He administrated the oath of Zulfikar Ali Bhutto as President of Pakistan in 1971 at the Supreme Court building.[17]
After the war[edit | edit source]
In 1972–73, he went onto work with the United Nations and was a member of the Commission on Crime Prevention and Criminal Justice.[6] Chief Justice Justice Hamoodur Rahman retired with state honours in 1975 and administrated the oath to appoint Senior Justice Muhammad Yaqub Ali as Chief Justice.
In 1974, he was the chairman of the Council of Islamic Ideology (CII) until retiring in 1977.[6]
War Enquiry Commission[edit | edit source]
In 1971, President Zulfikar Bhutto constituted a commission to investigate the responsibility causes of the war with India that led the liberation of East Pakistan and to provide insightful recommendations to prevent future armed foreign intervention.[2][18] The commission, known as War Enquiry Commission (or otherwise known as Hamoodur Rahman Commission), was led by Chief Justice Hamoodur Rehman as its chairman and consisted of both civilian and military members.[18]
Initially, Chief Justice Rahman was tasked to investigate the causes and the break-up of Pakistan, and role of the Pakistan Armed Forces in the national politics.[18] His report revealed many aspects of politics in Pakistan Armed Forces during the East-Pakistan war.[19] Because of the nature of the findings, it was not declassified for decades until Indian newspapers, later Pakistani newspapers, published the details.[16]
Fact finding and recommendations[edit | edit source]
From 1971 until 1975, the Commission led by Rahman conducted several interviews of Pakistan military's senior officers, bureaucrats, politicians, activists, and the Bengali nationalists.[18] Criticism on the government and misconduct of civilian politicians were very heavy and intense, therefore, the Report was never made it public in Pakistan and concealed all of its information as the report was marked as "Top secret".[18]
The report explores a number of issues such as, genocide of the Bengali populace—both civilians and Bengali soldiers—rape, pan smuggling, looting of banks in East Pakistan, drunkenness by military officers, even an instance of a one star rank officer "entertaining" women while their troops were being shelled by Indian troops.[20][21] The Report recommended a string of courts-martial and military trials against the top senior military officers including the PAF's Air Marshal Enamul Haq (the AOC of Eastern Air Command of Pakistan Air Force), Vice-Admiral Mohammad Shariff (Fleet Commander of the Eastern Naval Command of Pakistan Navy), and Lieutenant-General Tikka Khan (the GOC of Eastern Army Command of Pakistan Army), and former generals such as Amir Khan Niazi and Rao Farman Ali.[21]
Despite recommending field courts-martial by the commission, there were no actions taken by Prime Minister Bhutto or the successive governments.[21] Nearly 300 individuals were interviewed and hundreds of classified armed forces military signals were examined, with the final comprehensive Report was submitted on 23 October 1974 by Chief Justice Hamoodur Rahman who submitted the report to Prime minister Secretariat.[citation needed]
Rehman on "Separation"[edit | edit source]
Originally, the commission was to overlook the military failure to prevent the break–up of Eastern Pakistan but Chief Justice Rahman went into great depths in the roots of matter since the independence of Pakistan in 1947. A separate chapter on the political history of Pakistan was very detailed oriented and written by Chief Justice Rahman who critically opined on the political role of Zulfikar Bhutto. Rahman critically opined on Bhutto and, with some degree, implicated Bhutto of manipulating President Yahya Khan to take the military action as a solution.
He noted that President Yahya Khan failed to seek a sincere political settlement with East Pakistan.[21] Though the responsibility of the debacle lay on the shoulders of the people in power then as was recommended in the report by Chief Justice Rahman.[20]
When the report was submitted the then Prime Minister Bhutto, the Prime minister wrote to the chairman War Enquiry Commission Chief Justice Hamoodur Rahman, that the commission has exceeded its limits. The commission was appointed to look into the military "aspect of debacle", not the aspect of political failure; therefore, Bhutto classified the publications of the commission and marked its report as "Top Secret".[citation needed]
Fate of the Report[edit | edit source]
In 1974, the final Report was submitted, but both Bhutto and President Zia-ul-Haq claimed that the report was lost and was nowhere to be located in the National Archives of Pakistan.[22]
In the 1990s, it was revealed through investigative journalism by News International that the Report was suppressed and was held secretly at the Joint staff HQ in Rawalpindi.[23] In 2000, portion of the Report was leaked equally by the India Today and the Dawn.[23] However, the India Today wilfully suppressed its own publications as if the surrender was its own scandal.[23]
Death and legacy[edit | edit source]
Hamoodur Rahman lived a very quiet life in Lahore and remained active in the Supreme Court of Pakistan. He was appointed the Chairman of Islamic Ideology after his retirement for 3 years, later he was appointed as an advisor to the President of Pakistan on constitutional affairs. He also conducted a commission on election reforms and proposed the proportional representation system existing in Germany, Sri Lanka and many other countries. In which it can be accessed via the library to publish judicial supplements. He died in Lahore due to a cardiac arrest on 20 December 1981. He was buried in Lahore with close judicial associates and friends attending his funeral.[1]
Chief Justice Rahman remained very respected in Pakistan's judiciary even after his death, and is hailed for his honesty and patriotism that Senior Justice Khalil-ur-Rehman Ramday once publicly noted that "his Commission was the most honorable commission that was investigated by a Bengali Chief Justice, in spite of East-Pakistan disaster", in 2010.[4]
See also[edit | edit source]
References[edit | edit source]
- ↑ 1.0 1.1 The All-Pakistan Legal Decisions. All-Pakistan Legal Decisions. 1984. Retrieved 20 August 2022.
- ↑ 2.0 2.1 War, Pakistan Hamoodur Rehman Commission of Inquiry into the 1971 (1 January 2000). The report of the Hamoodur Rehman Commission of inquiry into the 1971 war: as declassified by the Government of Pakistan. Vanguard. ISBN 9789694023519. Retrieved 22 August 2016.
{{cite book}}: CS1 maint: numeric names: authors list (link) - ↑ "ISLAMABAD HIGH COURT". www.ihc.gov.pk. Archived from the original on 17 March 2015. Retrieved 22 August 2016.
- ↑ 4.0 4.1 Lahore Bar Association. "A Great Name in History:Chief Justice Hamoodur Rahman". www.facebook.com. Lahore Bar Association. Archived from the original on 26 February 2022. Retrieved 22 August 2022.
- ↑ 5.0 5.1 Rahman, Syedur (27 April 2022). "Hamoodur Rehman Commission and the Report" (google books). Historical Dictionary of Bangladesh. Scarecrow Press, Rehman. ISBN 9780810874534. Retrieved 22 August 2016.
- ↑ 6.00 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 IHC. "Family background of Hameedur Rahman". www.ihc.gov.pk/. Islamabad High Court. Archived from the original on 17 March 2015. Retrieved 22 August 2016.
- ↑ Supremecourt. "Family background of Hameedur Rahman". Archived from the original on 10 September 2008. Retrieved 6 November 2017.
- ↑ Rahman, Hamoodur (1983). Reflections on Islam. Islamic Book Foundation. p. 277. Retrieved 20 August 2016.
- ↑ Zulfiqar, Qaiser (5 December 2010). "Islamabad High Court: Justice Hameedur Rahman nominated as chief justice". The Express Tribune.
- ↑ "Oath taking: Justice Hameedur Rehman sworn in as SC judge". The Express Tribune. 26 February 2022.
- ↑ Welfare, Pakistan Commission on Student Problems and; Education, Pakistan Ministry of (1966). Commission on Student Problems and Welfare. Manager of Publications. Retrieved 22 August 2016.
- ↑ Commission, Pakistan Law Reform; Rahman, Hamoodur; Division, Pakistan Law (1970). Report, 1967–70:Law Reform Commission. Manager of Publications, Law reforms. Retrieved 22 August 2016.
- ↑ 13.0 13.1 13.2 13.3 13.4 Omar, Imtiaz (28 March 2022). "Extra-Constitutional Emergency Powers: Martial Law" (google books). Emergency Powers and the Courts in India and Pakistan. Martinus Nijhoff Publishers. pp. 59–60. ISBN 904111775X. Retrieved 22 August 2016.
- ↑ Newberg, Paula R. (1995). Judging the State. London [u.k]: Cambridge University Press. ISBN 0521452899. Retrieved 22 August 2022.
- ↑ Patel, Dorab (2000). Testament of a liberal. Oxford: Oxford University Press. ISBN 0195791975.
- ↑ 16.0 16.1 16.2 Dixit, J. N. (2 September 2003). India-Pakistan in War and Peace. Routledge, Dixit. ISBN 1134407572. Retrieved 22 August 2016.
- ↑ Pakistan Directorate General of Films and Publication. Pakistan chronology, 1947–1997: with prologue and afterword. Government of Pakistan, Directorate General of Films and Publications, Ministry of Information and Media Development. pp. 369–380.
- ↑ 18.0 18.1 18.2 18.3 18.4 Schaffer, Howard B.; Schaffer, Teresita C. (2011). How Pakistan Negotiates with the United States: Riding the Roller Coaster. US Institute of Peace Press. ISBN 9781601270757.
- ↑ Baig, Muhammad Anwar; Ebad (20 December 2012). Pakistan: Time for Change. AuthorHouse. ISBN 9781477250310. Retrieved 22 August 2016.
{{cite book}}: CS1 maint: multiple names: authors list (link) - ↑ 20.0 20.1 Cohen, Stephen P. (2004). The Idea of Pakistan. Brookings Institution Press. p. 78. ISBN 0-8157-9761-3. Retrieved 22 August 2022.
- ↑ 21.0 21.1 21.2 21.3 "The Hamood-ur-Rahman Commission Report". storyofpakistan.com. 1 June 2022. Retrieved 22 August 2016.
- ↑ Jones, Owen Bennett (2002). Pakistan: Eye of the Storm. Yale University Press, Jones. p. 300. ISBN 0300101473. Retrieved 22 August 2016.
hamoodur rahman commission.
- ↑ 23.0 23.1 23.2 Bhatt, Dr Arunkumar (16 March 2015). Psychological Warfare and India. Lancer Publishers, Bhatt. ISBN 9788170621331. Retrieved 22 August 2016.
External links[edit | edit source]
- The complete Hamoodur Rahman Report
- Dawn newspaper on the Report at the Wayback Machine (archived 17 August 2000)