Monday, 15 October 2018

Sindh Muslim League on Martial law of 1942


The Working Committee of the Sindh Provincial Muslim League has given its most earnest and serious consideration to the circumstances leading up to and the situation arising from the declaration on the 1st of June 1942 of Martial Law in more than half the Province and deems it its duty to take the necessary steps  to safeguard:

(1)      The constitutional rights of the people;
(2)      The economy of the Province; and
(3)      The civic rights of the citizens,

All of which, in the opinion of the Committee have been seriously infringed, threatened or affected. The Committee records here below its conclusions and appoints the following four of its members, namely: (1) K. B. Muhammad Ayub Khuhro,
(2) Shaikh Abdul Majid,
(3) Mr. Muhammad Hashim Gazder, &
(4) Mr. G. M. Sayed,
To wait upon H. E. the Governor of Sindh and discuss with him the issues involved.

The following are seems of the consequences of the extra ordinary step that has been taken by the authorities in promulgating Martial Law:
(i)        Complete breakdown of civil administration
(ii)      Resort to Martial Law all at once in such a large area in the hope of retrieving the situation;
(iii)    Serious likelihood of dislocation of the economic life of the Province and the inevitable consequences bordering upon a general famine, as a result of the operation of Martial Law on the lines on which it is being at present enforced; and
(iv)     Apprehension of Martial Law being extended to the remaining parts of the Province thereby making conditions still worse.

2.       In the opinion of this Committee, this disastrous crisis is the inevitable ----come of the anti-Muslim and unscrupulous policy of exploitation followed by the present ministers, resulting in a long chain of events that have been taking place during the period they have held the reins of Sindh administration. The Ministers have thereby given an indisputable proof of their incompetence and complete failure to maintain law and order.

3.       It is common knowledge that throughout their regime, the Ministers have taken no steps to alleviate the causes of the growing discontent amongst the masses or to reform their methods of administration, with the result that the situation has been steadily deteriorating. Finding themselves faced with the growing discontent and the serious consequences of their aimless policy which was solely directed against the best interests of the masses, the Ministers have now resorted to Martial Law and thereby surrender no less than half the Province to Military rule. The Committee is strongly of the opinion, which is shared by a very large and ever increasing section of the population, that the Ministers having been confounded by the growing number of murders, dacoities and other acts of lawlessness were compelled in their bewilderment and to save their face to take this action. As far as this Committee is aware, in the history of Provincial Governments in British India, this unhappy Province is the first to have achieved the invidious distinction of having more than half of its area subjected to Martial Law, while the so-called popular Ministers continue to retain their office. There are extensive provisions of the existing laws including the all embracing defense of India Rules that are calculated to be adequate to meet even such an abnormal situation as is created by war conditions, on the other hand the Government of India Act, 1935, lays down several provisions for effectively dealing in almost every conceivable manner with a situation that appears seriously to threaten the peace and tranquility of the Province. In spite of all this, the present Government have deemed it fit to promulgate Martial Law and thereby deprive the larger part of the very people from whom they are supposed to derive their present position as Ministers, of their fundamental rights. The position militates against the constitutional law and is quite incompatible with the very sprit of Provincial Autonomy. It is really strange that such a drastic and desperate stop should have been taken without sacking previous arrangements to see that the vast numbers of people whose fundamental rights were thereby going to be so seriously invaded were duly instructed and prepared in regard to the handicaps and hardships inevitable to the operation of martial law. It was further necessary to restrict the operation to only such a small area as was absolutely essential for the purpose in view and at the same time to ensure that the daily rounds of the peoples’ activities connected with their lawful livelihood were not interfered with and as far as humanly possible no innocent people were victimized. But the Committee regret to observe that no such precautions were taken. Even if the need for promulgation of Martial Law was real, the committee feels that if the present Ministers had any the slightest regard to the popular feeling or felt in any manner responsible to the people at large, they would have at the most sought military assistance without placing such a vast area all at once under the military rule, just as it had been done during the unfortunate Sukkur riots. But the hot haste with which a measure of such a drastic nature was precipitated upon the entire population in this vast area, in itself betrays a sad lack of sense of responsibility and unmakes the hollowness of their representative character. Standing as the Ministers therefore do so thoroughly self-condemned and exposed, this Committee which voices the feelings of the entire Muslim population of the Province when it emphatically urges upon H.E. the Governor to end this travesty of Provincial Autonomy and relieve the present Ministers of their office to which they have forfeited every possible.

4.       In view of the above, it is the earnest request of this Committee that H. E. the Governor of Sindh will be pleased:
(a)    to convene immediately a session of the Sindh Legislative Assembly to consider the problems of vital nature above referred to:
(b)      to appoint a Court of Inquiry to investigate and report upon the causes responsible for the failure of the present Ministers and their administration that led to the necessity of promulgation of Martial Law, without having tried the various remedies provided under the Government of India Act and the Defence of India Rules:
(c)    to take stops to see that Martial Law is so administered that while it enables to effectively deal with the turbulent and guilty elements it does not restrict the Lawful pursuits of agriculturists or the carrying out of legitimate activities of constructional nature and the exercising of civic rights by peace-loving and law-abiding citizens.

5.       The Committee further deems it necessary to draw the attention of the authorities to the handicaps of the citizens occasioned by the operation of Martial Law in the affected areas in particular so as to make it possible for agricultural operations to continue unhampered, as otherwise there is a serious danger to the economy of the Province which may be so adversely affected as to create a situation that may bring a wide-spread ruin upon the entire Province. Side by side with this, the Committee urges the necessity of suitable amending, relaxing or rescinding the restrictions imposed upon the population under the provisions of Martial Law so as to enable the people to carry on their social activities of peaceful nature and at the same time to enable the recognized political bodies to carry on their constitutional propaganda and organization work, especially when a bye-election for the Central Assembly seat is shortly to take place. Some of the difficulties which are being experienced by the people now and which need to be remedied immediately are the following:-
(a)    The ferries on the river be opened to traffic with suitable provisions to check the movements of undesirable persons so as to permit agriculturists, fire-wood sellers, cattle-owners and others whose livelihood makes it necessary to use the ferries.

(b)      The night movements of agriculturists be permitted in order to enable them to irrigate their fields if their turn for water happens to be fixed during night-hours or if they have to work their Parsian-whools for Jomar and other food-crops in lift lands or in non-barrage areas.

(c )     The carrying and use of hatchets and other implements necessary for agricultural operations be made possible.

(d)      The restrictions imposed upon the assemblage of five or more persons be suitably amended so as to permit the carrying out of agricultural operations such as canal-clearance division of crops, sloughing, transplantation, harvesting, etc. and performance of social duties connected with marriages, deaths, etc.

(e)      The order regarding wholesale disarming of people at one and the same time through the vast area now under the Military should be modified with suitable precautions to ensure their rightful use, as otherwise the bad characters may be able to carry on their unlawful activities without any fear of armed resistance from the disarmed population. In such village where the population exceeds 500 souls, at least six or more guns be permitted to be retained by the people for protection of the villages and towns according to the population of each such village or town. Complete disarming of the civil population will, in the opinion of the committee, create chaotic conditions and a very difficult situation in the mofussil, particularly when it may not be possible for the Military authorities to arrange their own patrol for each and every village, in such a vast area over twenty thousand square miles, controlled by them.

(f)       Those persons in this area who had a genuine cause of fear due to personal enmity and were therefore granted extra or special gun licenses by the civil authorities for the protection of not only their own person and property but also of their localities should be restored their arms and encouraged to render assistance to the police authorities or be provided with military or police guard at their own expense;

(g)      Where arms cannot be restored, effective protection for immediate aid in time of danger must be made;

(h)     With a view to achieving quick results, the restrictions and hardships inevitable upon the operation of Martial Law should be applied only to those areas which are the source of trouble. The area should therefore be confined only to (1) Shahdadpur and Sinjhoro Talukas of Nawabshah District and (2) Sanghar and Khipro Talukas of Thar & Parkar District and (3) Mirpur Mathelo and Ubauro Talukas of Sukkur District, (4) to the area within one mile on each side of the Railway line between Kotri and Reti on the K.W. Ry. And Khokharpar and Hyderabad Sindh on the J. Railway, (5) to the left bank of the river to check the traffic on the ferries and across the river, (6) the eastern border to check the movements of dispicious characters to and from the states of Jaisalmere and Jodhpur.

(i)       Local Advisory Committee be set up to advise and collaborate with the Military authorities in the course of their duties so as to eliminate the possibility of harassment of innocent persons through the machinations of local subordinate Police upon whose advice the Military may have to depend, being unaware of local conditions and approaches to cut-of-way places to be visited by them in the course of their rounds:

(j)       Large numbers of people who seek to migrate from the affected areas to places of their permanent residence or for personal safety or convenience may be enabled to do so, especially these who move each season across the river for harvest work in the Barrage areas and return to their homes on the close of the harvest; also those traders and their agents from Karachi who have to bring cattle by ----- across the river from the affected areas for the supply of neat and milk to the urban population of Karachi and Hyderabad be afforded easy and safe passage including the use of ferries to safeguard them from loss of money or personal inconvenience and also to ensure the regular supply of these needs of the urban population.


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