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Chief Justice Hamoodur Rahman ( ur, ; 1 November 1910 – 20 December 1981), . , was a Pakistani Bengali
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the U ...
and an academic who served as the Chief Justice of
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-la ...
from 18 November 1968 until 31 October 1975. Educated in
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
and trained as a
jurist A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the U ...
from the United Kingdom, he chaired the War Enquiry Commission to investigate the
causes Causes, or causality, is the relationship between one event and another. It may also refer to: * Causes (band), an indie band based in the Netherlands * Causes (company) Causes.com is a civic-technology app and website that enables users to orga ...
of the
Bangladesh Liberation War The Bangladesh Liberation War ( bn, মুক্তিযুদ্ধ, , also known as the Bangladesh War of Independence, or simply the Liberation War in Bangladesh) was a revolution and War, armed conflict sparked by the rise of the Benga ...
that led to the creation of
Bangladesh Bangladesh (}, ), officially the People's Republic of Bangladesh, is a country in South Asia. It is the eighth-most populous country in the world, with a population exceeding 165 million people in an area of . Bangladesh is among the mos ...
. In addition, Rehman served as a
law professor A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the Uni ...
in the faculty of
Karachi University The University of Karachi ( sd, ; informally Karachi University, KU, or UoK) is a public research university located in Karachi, Sindh, Pakistan. Established in June 1951 by an act of Parliament and as a successor to the University of Sindh (whi ...
and vice-chancellor of
University of Dhaka The University of Dhaka (also known as Dhaka University, or DU) is a public research university located in Dhaka, Bangladesh. It is the oldest university in Bangladesh. The university opened its doors to students on July 1st 1921. Currently it ...
while remaining active in promoting literacy across the country. After the
independence of Bangladesh Independence of Bangladesh was declared on 26 March 1971, celebrated as Independence Day, from Pakistan. The Independence Day of Bangladesh is celebrated on 26 March when Sheikh Mujibur Rahman declared the Independence of Bangladesh. The Bangladesh ...
, Rehman's family retained Pakistan's
citizenship Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
and his son served as the Chief Justice of
Islamabad High Court The Islamabad High Court is the senior court of the Islamabad Capital Territory, Pakistan, with appellate jurisdiction over the following district courts: * Islamabad District Court (East) * Islamabad District Court (West) Justice Aamer F ...
. Chief Justice Rahman remained a respected figure in Pakistan's judiciary, and is hailed for his
honesty Honesty or truthfulness is a facet of moral character that connotes positive and virtuous attributes such as integrity, truthfulness, straightforwardness, including straightforwardness of conduct, along with the absence of lying, cheating, theft, ...
and
patriotism Patriotism is the feeling of love, devotion, and sense of attachment to one's country. This attachment can be a combination of many different feelings, language relating to one's own homeland, including ethnic, cultural, political or histor ...
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." 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


Early life, background, and education

Hamoodur Rahman was born in
Patna Patna ( ), historically known as Pataliputra, is the capital and largest city of the state of Bihar in India. According to the United Nations, as of 2018, Patna had a population of 2.35 million, making it the 19th largest city in India ...
,
Bihar Bihar (; ) is a state in eastern India. It is the 2nd largest state by population in 2019, 12th largest by area of , and 14th largest by GDP in 2021. Bihar borders Uttar Pradesh to its west, Nepal to the north, the northern part of Wes ...
,
British India The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
on 1 November 1910. Despite being born in Bihar, Rahman hailed from a
Bengali Muslim Bengali Muslims ( bn, বাঙালি মুসলমান; ) are adherents of Islam who ethnically, linguistically and genealogically identify as Bengalis. Comprising about two-thirds of the global Bengali population, they are the sec ...
family. Hamoodur Rahman's family practised law before the
Partition of India The Partition of British India in 1947 was the change of political borders and the division of other assets that accompanied the dissolution of the British Raj in South Asia and the creation of two independent dominions: India and Pakistan. T ...
— his brother, Maudoodur Rahman, was also a barrister who ascended as a Judge of
Calcutta High Court The Calcutta High Court is the oldest High Court in India. It is located in B.B.D. Bagh, Kolkata, West Bengal. It has jurisdiction over the state of West Bengal and the Union Territory of the Andaman and Nicobar Islands. The High Court buildi ...
. 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. His father in law, Nawabzada Ashraf Ali was a barrister who was a practising advocate in the
Calcutta High Court The Calcutta High Court is the oldest High Court in India. It is located in B.B.D. Bagh, Kolkata, West Bengal. It has jurisdiction over the state of West Bengal and the Union Territory of the Andaman and Nicobar Islands. The High Court buildi ...
. Ashraf Ali later participated in
general elections A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
held in 1930 and was a member of
Bengal Legislative Assembly The Bengal Legislative Assembly () was the largest legislature in British India, serving as the lower chamber of the legislature of Bengal (now Bangladesh and the Indian state of West Bengal). It was established under the Government of India Act ...
. Ali later served as deputy speaker of the Bengal Legislative Assembly before the Partition of India. Hamoodur Rahman was educated in
Calcutta Kolkata (, or , ; also known as Calcutta , the official name until 2001) is the capital of the Indian state of West Bengal, on the eastern bank of the Hooghly River west of the border with Bangladesh. It is the primary business, com ...
and entered in St. Xavier's College of the
University of Calcutta The University of Calcutta (informally known as Calcutta University; CU) is a public collegiate state university in India, located in Kolkata, West Bengal, India. Considered one of best state research university all over India every year, C ...
where he secured his graduation in BA. He went to the Great Britain to attend the
University of London The University of London (UoL; abbreviated as Lond or more rarely Londin in post-nominals) is a federal public research university located in London, England, United Kingdom. The university was established by royal charter in 1836 as a degree- ...
where he graduated with the
LLB Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
degree and resume his studies in
Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wal ...
, London, and was called to the Bar in London in 1937. Upon arriving in
British India The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance on the Indian subcontinent. Collectively, they have been called British India. In one ...
, Rehman began practising law at the
Calcutta High Court The Calcutta High Court is the oldest High Court in India. It is located in B.B.D. Bagh, Kolkata, West Bengal. It has jurisdiction over the state of West Bengal and the Union Territory of the Andaman and Nicobar Islands. The High Court buildi ...
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 ur, , common_name = East Bengal , status = Province of the Dominion of Pakistan , p1 = Bengal Presidency , flag_p1 = Flag of British Bengal.svg , s1 = East ...
from 1943 to 1947. After the
independence of Pakistan The Pakistan Movement ( ur, , translit=Teḥrīk-e-Pākistān) was a political movement in the first half of the 20th century that aimed for the creation of Pakistan from the Muslim-majority areas of British India. It was connected to the pe ...
, he opted for
East Pakistan East Pakistan was a Pakistani province established in 1955 by the One Unit Scheme, One Unit Policy, renaming the province as such from East Bengal, which, in modern times, is split between India and Bangladesh. Its land borders were with India ...
and settled in
Dhaka Dhaka ( or ; bn, ঢাকা, Ḍhākā, ), formerly known as Dacca, is the capital and largest city of Bangladesh, as well as the world's largest Bengali-speaking city. It is the eighth largest and sixth most densely populated city ...
in 1948. He was the first Legal Advisor State Bank of Pakistan and drafted all the State Bank of Pakistan laws and rule
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 The High Court Division, Supreme Court of Bangladesh ( bn, হাইকোর্ট ডিভিশন) popularly known as the 'High Court' is one of the two divisions of the Supreme Court of Bangladesh, the other division being the Appellate ...
by the
Governor of East Pakistan East Pakistan was a Pakistani province established in 1955 by the One Unit Policy, renaming the province as such from East Bengal, which, in modern times, is split between India and Bangladesh. Its land borders were with India and Myanmar, wit ...
.


Family

His son Justice Iqbal Hameedur Rahman is currently now the Senior Justice of the
Supreme Court of Pakistan The Supreme Court of Pakistan ( ur, ; ''Adālat-e-Uzma Pākistān'') is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan. Established in accordance to thePart VIIof the Constitution of Pakistan, it has ultimate ...
. In 2007, his son refused to take an oath under the Provisional Constitutional Order issued by President
Pervez Musharraf General Pervez Musharraf ( ur, , Parvez Muśharraf; born 11 August 1943) is a former Pakistani politician and four-star general of the Pakistan Army who became the tenth president of Pakistan after the successful military takeover of the ...
who imposed the
Emergency An emergency is an urgent, unexpected, and usually dangerous situation that poses an immediate risk to health, life, property, or environment and requires immediate action. Most emergencies require urgent intervention to prevent a worsening ...
in November 2007. After his restoration in 2009, he resumed hearing cases at the
Lahore High Court The Lahore High Court () is based in Lahore, Pakistan. It was established as a high court on 21 March 1882. The Lahore High Court has jurisdiction over Punjab (Pakistan). The High Court's principal seat is in Lahore, but there are benches ...
and eventually ascended as Chief Justice of
Islamabad High Court The Islamabad High Court is the senior court of the Islamabad Capital Territory, Pakistan, with appellate jurisdiction over the following district courts: * Islamabad District Court (East) * Islamabad District Court (West) Justice Aamer F ...
in 2013.


Career as Supreme court justice


Supreme Court of Pakistan

Justice Hamoodur Rahman served as a judge of the
Dhaka High Court The High Court Division, Supreme Court of Bangladesh ( bn, হাইকোর্ট ডিভিশন) popularly known as the 'High Court' is one of the two divisions of the Supreme Court of Bangladesh, the other division being the Appellate ...
from 1954 until 1960 when he was appointed as Senior Justice of the
Supreme Court of Pakistan The Supreme Court of Pakistan ( ur, ; ''Adālat-e-Uzma Pākistān'') is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan. Established in accordance to thePart VIIof the Constitution of Pakistan, it has ultimate ...
by the
President of Pakistan The president of Pakistan ( ur, , translit=s̤adr-i Pākiṣṭān), officially the President of the Islamic Republic of Pakistan, is the ceremonial head of state of Pakistan and the commander-in-chief of the Pakistan Armed Forces. In addition, Rahman served as the vice-chancellor of
Dhaka University The University of Dhaka (also known as Dhaka University, or DU) is a public research university located in Dhaka, Bangladesh. It is the oldest university in Bangladesh. The university opened its doors to students on July 1st 1921. Currently it ...
from 11 May 1958 until 14 December 1960 while serving as visiting professor of law at the
Karachi University The University of Karachi ( sd, ; informally Karachi University, KU, or UoK) is a public research university located in Karachi, Sindh, Pakistan. Established in June 1951 by an act of Parliament and as a successor to the University of Sindh (whi ...
. 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 ICC International Court of Arbitration is an institution for the resolution of international commercial disputes. It operates under the auspices of the International Chamber of Commerce and consists of more than 100 arbitrators from roughly 90 c ...
that is based in the Hague, Netherlands. In 1964, Rehman, upon requested by the
Ministry of Education An education ministry is a national or subnational government agency politically responsible for education. Various other names are commonly used to identify such agencies, such as Ministry of Education, Department of Education, and Ministry of Pub ...
(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 The Government of Pakistan ( ur, , translit=hakúmat-e pákistán) abbreviated as GoP, is a federal government established by the Constitution of Pakistan as a constituted governing authority of the four provinces, two autonomous territories, ...
in 1966. 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.


Chief Justice of Pakistan

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 Ayub Khan is a compound masculine name; Ayub is the Arabic version of the name of the Biblical figure Job, while Khan or Khaan is taken from the title used first by the Mongol rulers and then, in particular, their Islamic and Persian-influenced ...
. His tenure witnessed the resignation of President Ayub Khan who invited
Yahya Khan General Agha Muhammad Yahya Khan , (Urdu: ; 4 February 1917 – 10 August 1980); commonly known as Yahya Khan, was a Pakistani military general who served as the third President of Pakistan and Chief Martial Law Administrator following his p ...
to take over the country through enforcing the
martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Martia ...
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.''" Upon hearing the case, Hamoodur Rahman court retroactively invalidated the martial law that suspended the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these prin ...
and notably ruled that Yahya Khan's assumption of power was "illegal usurpation". The Supreme Court also over-ruled and overturned its convictions that called for validation of
martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Martia ...
in 1958. 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. His stance stood firm against Yahya Khan's martial law but condone such actions by the application of doctrine of necessity. In 1970, he supported the
Election Commission of Pakistan The Election Commission of Pakistan ( ur, ; ECP) is an independent, autonomous, permanent and constitutionally established federal body responsible for organizing and conducting elections to the national parliament, provincial legislatures, ...
to hold the
general elections A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
held in 1970 across the country.


Bangladesh and 1971 war

Hamoodur Rahman, remained loyal to Pakistan during the
Bangladesh Liberation War The Bangladesh Liberation War ( bn, মুক্তিযুদ্ধ, , also known as the Bangladesh War of Independence, or simply the Liberation War in Bangladesh) was a revolution and War, armed conflict sparked by the rise of the Benga ...
and the
war War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
with India in 1971. He did not supported the
independence of Bangladesh Independence of Bangladesh was declared on 26 March 1971, celebrated as Independence Day, from Pakistan. The Independence Day of Bangladesh is celebrated on 26 March when Sheikh Mujibur Rahman declared the Independence of Bangladesh. The Bangladesh ...
and remained quiet throughout the events. He administrated the oath of
Zulfikar Ali Bhutto Zulfikar (or Zulfiqar) Ali Bhutto ( ur, , sd, ذوالفقار علي ڀٽو; 5 January 1928 – 4 April 1979), also known as Quaid-e-Awam ("the People's Leader"), was a Pakistani barrister, politician and statesman who served as the fourt ...
as
President of Pakistan The president of Pakistan ( ur, , translit=s̤adr-i Pākiṣṭān), officially the President of the Islamic Republic of Pakistan, is the ceremonial head of state of Pakistan and the commander-in-chief of the Pakistan Armed Forces.Supreme Court building.


After the war

In 1972–73, he went onto work with the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...
and was a member of the Commission on Crime Prevention and Criminal Justice. 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.


War Enquiry Commission

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 East Pakistan was a Pakistani province established in 1955 by the One Unit Scheme, One Unit Policy, renaming the province as such from East Bengal, which, in modern times, is split between India and Bangladesh. Its land borders were with India ...
and to provide insightful recommendations to prevent future armed
foreign intervention Interventionism refers to a political practice of intervention, particularly to the practice of governments to interfere in political affairs of other countries, staging military or trade interventions. Economic interventionism refers to a diffe ...
. The commission, known as War Enquiry Commission (or otherwise known as
Hamoodur Rahman Commission The Hamoodur Rahman Commission (otherwise known as War Enquiry Commission), was a judicial inquiry commission that assessed Pakistan's political–military involvement in East-Pakistan from 1947 to 1971. The commission was set up on 26 Decem ...
), was led by Chief Justice Hamoodur Rehman as its chairman and consisted of both civilian and military members. 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. His report revealed many aspects of politics in Pakistan Armed Forces during the East-Pakistan war. Because of the nature of the findings, it was not declassified for decades until Indian newspapers, later Pakistani newspapers, published the details.


Fact finding and recommendations

From 1971 until 1975, the Commission led by Rahman conducted several interviews of
Pakistan military The Pakistan Armed Forces (; ) are the military forces of Pakistan. It is the world's sixth-largest military measured by active military personnel and consist of three formally uniformed services—the Army, Navy, and the Air Force, which ar ...
's senior officers, bureaucrats, politicians, activists, and the Bengali nationalists. Criticism on the
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
and misconduct of civilian politicians were very heavy and intense, therefore, the
Report A report is a document that presents information in an organized format for a specific audience and purpose. Although summaries of reports may be delivered orally, complete reports are almost always in the form of written documents. Usage In ...
was never made it
public In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociological concept of the ''Öffentlichk ...
in Pakistan and concealed all of its information as the report was marked as "Top secret". The report explores a number of issues such as, genocide of the Bengali populace—both civilians and Bengali soldiers—
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or a ...
, pan smuggling, looting of banks in
East Pakistan East Pakistan was a Pakistani province established in 1955 by the One Unit Scheme, One Unit Policy, renaming the province as such from East Bengal, which, in modern times, is split between India and Bangladesh. Its land borders were with India ...
, drunkenness by military officers, even an instance of a one star rank officer "entertaining" women while their troops were being shelled by Indian troops. The Report recommended a string of
courts-martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of mem ...
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 Admiral Mohammad Shariff ( ur, ; 1 July 1920 – 27 April 2020), was a Pakistan Navy senior admiral, who served as the 2nd Chairman of Joint Chiefs of Staff Committee and a memoirist who was at the center of all the major decisions made in ...
(
Fleet Commander The Fleet Commander is a senior Royal Navy post, responsible for the operation, resourcing and training of the ships, submarines and aircraft, and personnel, of the Naval Service. The Vice-Admiral incumbent is required to provide ships, submarin ...
of the
Eastern Naval Command The Eastern Naval Command is one of the three command-level formations of the Indian Navy. It is headquartered in Visakhapatnam, Andhra Pradesh. The command is responsible for the all naval forces in the Bay of Bengal and parts of the Indian Ocea ...
of Pakistan Navy), and
Lieutenant-General Lieutenant general (Lt Gen, LTG and similar) is a three-star military rank (NATO code OF-8) used in many countries. The rank traces its origins to the Middle Ages, where the title of lieutenant general was held by the second-in-command on the ...
Tikka Khan General Tikka Khan ( ur, ٹکا خان; 10 February 1915 – 28 March 2002) was a Pakistan Army general who was the first chief of army staff from 3 March 1972 until retiring on 1 March 1976. Along with Yahya Khan, he is considered a chief ar ...
(the GOC of Eastern Army Command of Pakistan Army), and former generals such as Amir Khan Niazi and Rao Farman Ali. Despite recommending field
courts-martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of mem ...
by the commission, there were no actions taken by Prime Minister Bhutto or the successive governments. Nearly 300 individuals were interviewed and hundreds of classified armed forces
military signals Military communications or military signals involve all aspects of communications, or conveyance of information, by armed forces. Military communications span from pre-history to the present. The earliest military communications were delivered b ...
were examined, with the final comprehensive
Report A report is a document that presents information in an organized format for a specific audience and purpose. Although summaries of reports may be delivered orally, complete reports are almost always in the form of written documents. Usage In ...
was submitted on 23 October 1974 by Chief Justice Hamoodur Rahman who submitted the report to Prime minister Secretariat.


Rehman on "Separation"

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 The Pakistan Movement ( ur, , translit=Teḥrīk-e-Pākistān) was a political movement in the first half of the 20th century that aimed for the creation of Pakistan from the Muslim-majority areas of British India. It was connected to the pe ...
in 1947. A separate chapter on the
political history of Pakistan The political history of Pakistan ( ur, ) is the narrative and analysis of political events, ideas, movements, and leaders of Pakistan. Pakistan gained independence from the United Kingdom on 14 August 1947, when the Presidencies and provinces ...
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 General Agha Muhammad Yahya Khan , (Urdu: ; 4 February 1917 – 10 August 1980); commonly known as Yahya Khan, was a Pakistani military general who served as the third President of Pakistan and Chief Martial Law Administrator following his p ...
to take the military action as a solution. He noted that President
Yahya Khan General Agha Muhammad Yahya Khan , (Urdu: ; 4 February 1917 – 10 August 1980); commonly known as Yahya Khan, was a Pakistani military general who served as the third President of Pakistan and Chief Martial Law Administrator following his p ...
failed to seek a sincere political settlement with
East Pakistan East Pakistan was a Pakistani province established in 1955 by the One Unit Scheme, One Unit Policy, renaming the province as such from East Bengal, which, in modern times, is split between India and Bangladesh. Its land borders were with India ...
. 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. 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 Classified information is material that a government body deems to be sensitive information that must be protected. Access is restricted by law or regulation to particular groups of people with the necessary security clearance and need to know ...
".


Fate of the Report

In 1974, the final
Report A report is a document that presents information in an organized format for a specific audience and purpose. Although summaries of reports may be delivered orally, complete reports are almost always in the form of written documents. Usage In ...
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. In the 1990s, it was revealed through
investigative journalism Investigative journalism is a form of journalism in which reporters deeply investigate a single topic of interest, such as serious crimes, political corruption, or corporate wrongdoing. An investigative journalist may spend months or years rese ...
by ''News International'' that the
Report A report is a document that presents information in an organized format for a specific audience and purpose. Although summaries of reports may be delivered orally, complete reports are almost always in the form of written documents. Usage In ...
was suppressed and was held secretly at the Joint staff HQ in
Rawalpindi Rawalpindi ( or ; Urdu, ) is a city in the Punjab province of Pakistan. It is the fourth largest city in Pakistan after Karachi, Lahore and Faisalabad, and third largest in Punjab after Lahore and Faisalabad. Rawalpindi is next to Pakistan's ...
. In 2000, portion of the
Report A report is a document that presents information in an organized format for a specific audience and purpose. Although summaries of reports may be delivered orally, complete reports are almost always in the form of written documents. Usage In ...
was leaked equally by the ''
India Today ''India Today'' is a weekly Indian English-language news magazine published by Living Media India Limited. It is the most widely circulated magazine in India, with a readership of close to 8 million. In 2014, ''India Today'' launched a new onl ...
'' and the ''Dawn''. However, the ''
India Today ''India Today'' is a weekly Indian English-language news magazine published by Living Media India Limited. It is the most widely circulated magazine in India, with a readership of close to 8 million. In 2014, ''India Today'' launched a new onl ...
'' wilfully suppressed its own publications as if the surrender was its own scandal.


Death and legacy

Hamoodur Rahman lived a very quiet life in
Lahore Lahore ( ; pnb, ; ur, ) is the second most populous city in Pakistan after Karachi and 26th most populous city in the world, with a population of over 13 million. It is the capital of the province of Punjab where it is the largest city ...
and remained active in the
Supreme Court of Pakistan The Supreme Court of Pakistan ( ur, ; ''Adālat-e-Uzma Pākistān'') is the apex court in the judicial hierarchy of the Islamic Republic of Pakistan. Established in accordance to thePart VIIof the Constitution of Pakistan, it has ultimate ...
. 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 The president of Pakistan ( ur, , translit=s̤adr-i Pākiṣṭān), officially the President of the Islamic Republic of Pakistan, is the ceremonial head of state of Pakistan and the commander-in-chief of the Pakistan Armed Forces.library A library is a collection of materials, books or media that are accessible for use and not just for display purposes. A library provides physical (hard copies) or digital access (soft copies) materials, and may be a physical location or a vi ...
to publish judicial supplements. He died in Lahore due to a
cardiac arrest Cardiac arrest is when the heart suddenly and unexpectedly stops beating. It is a medical emergency that, without immediate medical intervention, will result in sudden cardiac death within minutes. Cardiopulmonary resuscitation (CPR) and poss ...
on 20 December 1981. He was buried in Lahore with close judicial associates and friends attending his funeral. Chief Justice Rahman remained very respected in Pakistan's judiciary even after his death, and is hailed for his
honesty Honesty or truthfulness is a facet of moral character that connotes positive and virtuous attributes such as integrity, truthfulness, straightforwardness, including straightforwardness of conduct, along with the absence of lying, cheating, theft, ...
and
patriotism Patriotism is the feeling of love, devotion, and sense of attachment to one's country. This attachment can be a combination of many different feelings, language relating to one's own homeland, including ethnic, cultural, political or histor ...
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.


See also

*
List of Pakistanis Pakistan is the fifth most populous nation in the world. Below is a list of some notable people who relate to the country. See Pakistani people for a list of pages about notable Pakistanis by category. Heads of state or government Civil / dem ...
*
Chief Justice of Pakistan } The Chief Justice of Pakistan (Urdu: ) ( initials as CJP) is head of the court system of Pakistan (the judicature branch of government) and the chief judge of the Supreme Court of Pakistan. The officeholder is the senior most of 17 senio ...


References


External links


The complete Hamoodur Rahman Report
* {{DEFAULTSORT:Rahman, Hamoodur 1910 births 1981 deaths People from Islamabad Politicians from Patna 20th-century Bengalis Bengali lawyers Bengali educators Bengali ethicists Bengali Muslims Bengali philosophers Pakistani jurists 20th-century Pakistani philosophers People of East Pakistan Pakistani ethicists University of Calcutta alumni Alumni of the University of London Bangladesh Liberation War Chief justices of Pakistan Justices of the Supreme Court of Pakistan Academic staff of the University of Karachi Pakistani legal scholars Pakistani people of Bengali descent Vice-Chancellors of the University of Dhaka Philosophers of law Members of the Pakistan Philosophical Congress Recipients of Nishan-e-Imtiaz Recipients of Hilal-i-Imtiaz