Munir Kiyani Report on Ahmadi Riots of Lahore 1954

397 Pages·1.539 MB·English

by  Justice Munir, Justice M.R. Kiyani

REPORT
of
THE COURT OF INQUIRY
constituted under
PUNJAB ACT II OF 1954
to enquire into the
PUNJAB DISTURBANCES OF 1953

s.
r
o
r
r
e
e
m
o
s
n
ai
ont
c
ht
g
mi Lahore
still
nt
me Printed by the Superintendent, Government printing, Punjab
u
c
o
D
d.
a
e
r 1954
f
o
o
r
p
d
n
a
R
C
O
CONTENTS

Pages
Introductory … 1
PART I — FROM PARTITION TO LAHORE CONVENTION
The Controversy … 9
Ahmadis … 9
The Ahrar … 10
Arrest of two Ahrar Leaders … 13
Murder of Major Mahmud … 13
Speeches by Ahrar Leaders … 14
Stoning to death of Ahmadis in Afghanistan and the ‘Ash-Shahab’ … 17
More Murders … 24
Yaum-i-Tashakkur … 28
Ahmadi Mosque burnt … 30
Other speeches by Ahrar … 31
Policy and measures … 33
More speeches by Bukhari … 36
Section 144 orders enforced against public meetings in mosques : Sargodha
and Gujranwala cases … 62
Chaudhri Zafrullah Khan’s speech in Jehangir Park … 75
All Pakistan Muslim Parties Convention in Karachi … 77
All Muslim Parties Convention, Lahore … 78
Newspapers … 81
The Department of Islamiat … 87
PART II — FROM THE LAHORE CONVENTION TO
ARREST OF ULAMA IN KARACHI AND PUNJAB
(14TH JULY 1952 TO 27TH FEBRUARY 1963)
Section 144 orders recalled … 89
The Kup incident … 92
Subsequent events … 99
Newspapers … 101
ii
PART II — CONCLUDED
The ‘Azad’ … 101
The ‘Afaq’ … 103
The ‘Ehsan’ … 104
The ‘Maghribi Pakistan’ … 105
More speeches; Policy reconsidered … 117
Activities of the Ulama and their interviews with the Prime Minister and the
Chief Minister … 125
Direct action decided upon … 136
Preparations to meet the threat of Direct action … 137
Preliminary measures … 145
PART III — THE DISTURBANCES (FROM 27TH FEBRUARY
TO END OF DISTURBANCES)
Account of disturbances … 151
Lahore … 151
Mr. Daultana withdraws 6th March statement … 167
Sialkot … 168
Gujranwala … 173
Rawalpindi … 177
Lyallpur … 179
Montgomery … 181
PART IV — CIRCUMSTANCES LEADING TO PROCLAMATION
OF MARTIAL LAW
Doctrinal differences between Musalmans and Ahmadis … 187
Khatm-i-Nubuwwat … 187
Christology … 189
Jihad … 191
Other complaints and accusations … 195
Ideology behind the demands … 200
Islamic State … 201
Foundations of Islamic State : Qur’an, Sunna ijma’, ijtihad … 203
Essentials of Islamic State … 209
iii
PART IV — CONCLUDED
Sovereignty and Democracy in Islamic State … 210
Other incidents of Islamic State according to Ulama … 210
Legislature and Legislation … 211
Position of non-Muslims … 212
Apostasy … 218
Propagation of other religions … 221
Jihad … 221
Reaction on Muslims on non-Muslim States … 227
Other incidents … 230
Khwaja Nazim-ud-Din’s reaction to demands … 233
Circumstances leading to martial law summed up … 235
PART V — RESPONSIBILITY FOR DISTURBANCES
Responsibility … 237
The All Pakistan Muslim Parties Convention, Karachi and All Muslim
Parties Convention, Lahore … 239
Members of Ta’limat-i-Ialami Board … 242
Jama’at-i-Islami … 243
The Ahrar … 254
Ahmadis … 260
Muslim League … 261
Press … 280
Central and Provincial Governments : Khwaja Nazim-ud-Din versus Mr.
Daultana … 281
PART VI — ADEQUACY OR INADEQUACY OF MEASURES TAKEN BY
THE CIVIL AUTHORITY TO MEET THE SITUATION
The Administrative machinery … 287
General Assessment of the situation by D.I.G. (C. I. D.) in May 1952 and
issue of fresh policy letters … 313
The decisions of 5th July 1952 … 319
“Assurance” by the Ahrar on 19th July 1952 … 321
The decision of 24th December 1952 … 331
iv

The Press … 337
Adult Literacy Fund … 346
The Mazdoor … 347
PART VI — CONCLUDED
The Azad … 348
Direct action … 348
The Final phase … 351
Conclusions on Part VI … 384
IINNTTRROODDUUCCTTOORRYY
- 1 -

FROM
THE PUNJAB DISTURBANCES COURT OF INQUIRY,
LAHORE

TO
THE HOME; SECRETARY TO THE GOVERNMENT OF
PUNJAB, LAHORE.

Dated Lahore, the 10th April 1954

SIR,
WE, the President and Member of the Court of Inquiry constituted under the
Punjab Disturbances (Public Inquiry) Act, 1953, have the honour to submit the following
report:-
CONSTITUTION OF COURT
In the beginning of March 1953, widespread disturbances broke out in the Punjab
which in some places continued till the middle of April 1953. These took so alarming a
turn and assumed such a menacing form that in several places the military had to be
called in, and in Lahore Martial Law had to be proclaimed, which remained in force till
the middle of May 1953. Before the declaration of Martial Law, the police had to resort
to firing in several places and at least two persons were killed on the night of 4th March
and ten on 5th March, Sixty-six persons more must have been injured in the firing
because that number of wounded persons admitted to the Lahore hospitals had gunshot
wounds. The number of casualties admitted by the military to have been caused in
quelling the disturbances in Lahore was eleven killed and forty-nine wounded. In some
other towns also there were a number of casualties caused by firing by the police or the
military.
The disturbances were the direct result of the rejection by Khwaja Nazim-ud-Din,
the then Prime Minister of Pakistan, of an ultimatum delivered to him in Karachi on 21st
January 1953 by a deputation of the ulama who had been authorised to do so by the
Majlis-i-Amal constituted by the All-Pakistan Muslim Parties Convention held in Karachi
from l6th to 18th January 1953. The ultimatum was to the effect that if within a month
the Qadiani Ahmadis were not declared a non-Muslim minority and Chaudhri Zafrullah
Khan, the Foreign Minister who is an Ahmadi. and other Ahmadis occupying key posts in
the State, not removed from their offices, the Majlis-i-Amal would resort to direct action
(rast iqdam). At a conference of the Central Ministers and representatives of West
Pakistan Provinces held in the early hours of the morning of 27th February it was decided
to reject the ultimatum and to arrest the prominent members of Majlis-i-Amal in Karachi
and some leaders of the movement in the Punjab. The disturbances commenced
immediately after, and as a direct result of, these arrests.

REPORT OF THE COURT OF INQUIRY CONSTITUTED UNDER PUNJAB ACT II OF
1954 TO ENQUIRE INTO THE PUNJAB DISTURBANCES OF 1953
- 2 -
On 19th June 1953, the Governor of the Punjab promulgated Ordinance III of
1953 which, with certain amendments suggested by us, became the Punjab Disturbances
(Public Inquiry) Act, 1953, Punjab Act II of 1954, directing the setting up of a Court for
holding a public inquiry into the disturbances. In exercise of the powers given by
subsection (1) of section 3 of the Ordinance, the Governor appointed us members of the
Court of Inquiry with the direction to make an inquiry into the disturbances in accordance
with the following terms of reference:-
(1) the circumstances leading to the declaration of Martial Law in Lahore
on 6th March 1953;
(2) the responsibility for the disturbances; and
(3) the adequacy or otherwise of the measures taken by the Provincial civil
authorities to prevent, and subsequently to deal with, the disturbances.
We commenced the inquiry on 1st July 1953 and held 117 sittings of which 92
were devoted to the hearing and recording of evidence. The evidence was concluded on
23rd January 1954 and arguments in the case lasted from 1st to 28th February 1954. Five
weeks were taken by us to formulate our conclusions and in writing the report.
The record consists of 3,600 pages of written statements and 2,700 pages of
evidence. Three hundred and thirty-nine documents have been formally exhibited, while
a large number of books, pamphlets, journals and newspapers was referred to in the
course of the evidence and arguments. Besides, a large number of letters, each extending
to several pages and a few to even more than a hundred pages, were received, each of
which has been carefully perused by us.
PROCEDURE AND PARTIES
As the inquiry was to be of a general character and not against any named party,
and as the Government of the Punjab had no views in the matter, we adopted a procedure
of our own to ensure that all relevant material was placed before us to enable us to
discharge our functions under the Act. Subsection (5) of section 5 of the Act had declared
that we were not bound by the Provisions of the Code of Criminal Procedure, and in
exercise of the powers given to us by the same subsection we framed a rule that we were
not to be bound by the Evidence Act. The object of framing this rule was to complete the
inquiry within the shortest possible time, consistently with the duty of collecting as
reliable and authentic a material for our findings and observations as was possible in the
circumstances. Despite this rule, however, we have substantially adhered to the principles
of the Law of Evidence and have refrained from recording any serious finding against
any party on what under the Law of Evidence is not relevant and admissible. In view of
the bulk of the material and the scope and extent of our inquiry, we could not, on
occasions, help departing from the rule against hearsay but we have accepted hearsay
only where we felt there could be no doubt as to its truth. The parties and some important
officers were required to put in written statements but we allowed inspection, of such
statements and gave to the party affected the right to recall for cross-examination the
REPORT OF THE COURT OF INQUIRY CONSTITUTED UNDER PUNJAB ACT II OF
1954 TO ENQUIRE INTO THE PUNJAB DISTURBANCES OF 1953
- 3 -
makers of such statements. We feel that by adopting this procedure we have eliminated
the element of error as far as possible.
In the course of discussion we have referred to numerous extracts from speeches
alleged to have been, made by certain persons on specific occasions. These speeches,
unless they were published in newspapers or occur in some publication of the party
concerned or have been deposed to in the evidence before us, cannot be said to have been
formally proved. But the fact that a speech, whether it has or has not been proved, was
reported is relevant to determine the adequacy or otherwise of the action taken thereon.
.References in the report to speeches should, therefore, be read subject to this
observation.
We have quoted in English certain verses of the Holy Qur’an, which were relied
upon. by the parties. The translations so quoted have all been taken from Allama Abdulla
Yusuf Ali’s Translation of the Holy Qar’an.
We took judicial notice of the fact that certain persons and organisations were in a
position to assist us in returning a reply to the terms of reference. We, therefore, made
them parties to the proceedings and directed them to put in written statements expressing
their respective views on each of the terms of reference. The organisations that wore thus
made parties were:-

(1) The Punjab Government,
(2) The Provincial Muslim League,
(3) The Majlis-i-Ahrar,
(4) The Majlis-i-Amal appointed by the Majlis-i-Tahaffuz-i-Khatm-i-
Nubuwwat, Punjab,
(5) The Jama’t-i-Islami,
(6) The Sadr Anjuman Ahmadiya, Rabwah.,
(7) The Ahmadiya Anjuman-i-Isha’at-i-Islam, Lahore.

During the period over which the inquiry extends, Sardar Abdur Rab Nishtar was
the Governor of the Province till 26th November 1951 when he was succeeded by Mr. I.
I. Chundrigar who held that office till after the proclamation of Martial Law. Except for a
few months when Mr. Fida Hasan occupied that post, Hafiz Abdul Majid was the Chief
Secretary to the Government of the Punjab. He was also the Home Secretary from 30th
September to 7th December 1951. Sayyad Ahmad Ali and Mr. Ghias-ud-Din Ahmad
were Home Secretaries, the former from 17th March 1949 to 30th September 1951 and
the latter since 7th December 1951. Mr. Qurban Ali Khan was the Inspector-General of
Police till 11th February 1953, on which date he was relieved by Mr. Anwar Ali who, in
addition to the duties of Inspector-General of Police also continued to perform the duties
of his original office of Deputy Inspector-General of Police, C. I. D. Hafiz Abdul Majid,
Mr. Ghias-ud-Din Ahmad, Mr. Anwar Ali, Mr. S. N. Alam, Sayyad Ijaz Husain Shah and
Mirza Naeem-ud-Din—the last three during the relevant period were respectively the
Deputy Inspector-General, Lahore Range, District Magistrate, Lahore and Senior
Superintendent of Police, Lahore—who in the ordinary course of their official duties
were supposed to have firsthand knowledge of the origin and development of the
REPORT OF THE COURT OF INQUIRY CONSTITUTED UNDER PUNJAB ACT II OF
1954 TO ENQUIRE INTO THE PUNJAB DISTURBANCES OF 1953
- 4 -
disturbances, were also required to submit their written statements on the terms of
reference. The police officers mentioned above were further required to state the quantity
of the ammunition actually issued and used during the disturbances and the number of
casualties caused by police firing. Sayyad Ijaz Husain Shah was directed to give a
complete statement respecting the Magistrates who were daily detailed for duty during
the disturbed period, the instructions issued to them and the reports, if any, made by
them. He was further required to submit copies of all orders promulgated under section
144 of the Code of Criminal Procedure, together -with instances of breaches of those
orders and the action taken thereon. We also directed him to state whether any requisition
for the military under section 129 of the Code of Criminal Procedure was made and with
what. result, and if no such requisition was made to give reasons for the omission.
After perusing the statements of these officers, we considered it necessary to
require Mian Mumtaz Muhammad Khan Daultana, who was the Chief Minister of the
Punjab during the disturbances, to submit a written statement on behalf of his Ministry
and to communicate to the Court whether he would like to be made a party to the
proceedings. In response to this notice, Mr. Daultana presented a petition praying that he
be impleaded as a party. We considered this request quite natural and therefore made him
a party and required him to submit a written statement.
As the disturbances had affected the districts of Rawalpindi, Sialkot, Lyallpur,
Gujranwala and Montgomery, we directed the District Magistrates and the
Superintendents of Police of these districts to submit detailed accounts of the
disturbances in their respective districts, the origin and development of the disturbances,
the measures taken to suppress them and the offences committed or reported during, and
having reference to, the disturbances. together with copies of all first information reports
of such offences. These officers were further asked to submit copies of extracts from
daily situation reports, special reports and weekly reports, sent by them to Government or
any superior authority from 1st January 1953 to 15th May 1953, with reference to the
anti-Ahmadiya, agitation and the consequent disturbances. They were requested
specifically to mention all instances of incitement to violence on the part of individuals or
organisations and to disclose all references concerning the situation made by them to
Government and all instructions received by them from Government.
Major-General Muhammad Azam Khan, General Officer Commanding the 10th
Division, who constituted himself Chief Martial Law Administrator, was requested to
give a complete description of the situation at the time of the proclamation of Martial
Law and the reasons which led him to proclaim Martial Law.
The public were notified by advertisements in the newspapers that any person
who wished to give evidence before the Court of Inquiry in relation to any of the terms of
reference should communicate with the Secretary of the Court, submitting a brief
statement of the evidence he proposed to give. This statement was to be kept confidential
unless the person submitting it. chose to appear in Court and give viva voce evidence in a
public sitting.
As most of the leaders of the movement which led to the disturbances were
confined in jails, having either been convicted or ordered to he detained under the Public
Safety and Security Acts, we requested the Punjab Government to use its good offices to
REPORT OF THE COURT OF INQUIRY CONSTITUTED UNDER PUNJAB ACT II OF
1954 TO ENQUIRE INTO THE PUNJAB DISTURBANCES OF 1953