বাংলাদেশের স্বাধীনতা যুদ্ধ দলিলপত্র (প্রথম খণ্ড)/৬১
| শিরোনাম | সূত্র | তারিখ |
| রাষ্ট্রভাষা আন্দোলনকালে মিছিলে গুলিবর্ষণের ঘটনার ওপর জাষ্টিস এলিসের রিপোর্ট | পাকিস্তান সরকার | ২৭শে এপ্রিল, ১৯৫২ |
Report of the Enquiry into the Firing by the police at Dacca on the 21st February 1952, by the Hon'ble Mr. Justice Ellis of the High Court of Judicature at Dacca.
GOVERNMENT OF EAST BENGAL
HOME (POLICE) DEPARTMENT
RESOLUTION
No. 2148PL, doled the 3rd June, 7952.
READ-Government Notification No. 943-PL., dated the 13th March,
- 1952, stating that with regard to the firing that took place at Dacca on the 21st February 1952, an enquiry should be held by a Judge of the Dacca High Court, to be nominated by the Hon'ble the Chief Justice, to ascertain whether-
- (i) The firing by the police was necessary; and
- (ii) The force used by the police was justified in the circumstances of the case.
READ-The Report, dated the 27th May, 1952, submitted by the
- Hon'ble Mr. Justice T. H. Ellis, who was nominated by the Hon'ble the Chief Justice and appointed by Government to hold the enquiry.
The Government of East Bengal are pleased to accept the findings of the Enquiring Judge that-
- (i) The firing by the police was necessary;
- (ii) The force used by the police was justified in the circumstances of the case.
Ordered that a copy of the Resolution be forwarded to the Enquiring Judge, the Hon'ble Mr. Justice T. H. Ellis, for information.
Ordered also that copy of the Resolution together with a copy of the Report be forwarded to the Commissioner of the Dacca Division and the Inspector General of Police, East Bengal, for information and necessary action.
Ordered further that the Resolution together with the Report be published in an extraordinary issue of the “Dacca Gazette".
C'hipf Secretary
- THE HON'BLE Mr. JUSTICE ELLIS.
- HIGH COURT OF JUDICATURE.
- DACCA.
To:
- THE CHIEF SECRETARY.
- To THE GOVERNMENT OF EAST BENGAL.
- DACCA
Sir.
I have the honour to submit herewith, my report on the Firing by the Police at Dacca on the 21st of February, 1952. in pursuance of Notification No 943PL. dated the 13th March, 1952, published in the Dacca Gazelle. Extraordinary, dated the 13th March, 1952.
I have the honour to be.
Sir.
Your most obedient servant,
TH. ELLIS
Report of the Enquiry into the FIRING BY THE POLICE AT DACCA on
- the 21" February, 1952, in pursuance of Notification No. 943PL,, dated the 13th March. 1952. published in the Dacca Gazette, Extraordinary, dated the 13th March, 1952, by the Hon'ble Mr. Justice Ellis of the High Court of Judicature at DACCA.
I. On the 31sc of January. 1952. a Committee styled the “All-Party Committee of Action" was formed in order to direct the agitation which was being carried on in East Bengal for the inclusion of Bengali as a State Language. This Committee claimed to guide and control the agitation and announced through the medium of the Press that a mammoth demonstration would be staged in Dacca on the 21st of February. 1952 and called for a complete hartal on that date. The East Bengal Legislative Assembly would be in Session on the 21st of February. 1952. and the Provincial Muslim League Council had also arranged to hold a meeting on that date. In the circumstances the District Magistrate of Dacca apprehended that there might be a breach of the peace and disturbance of public tranquility in the city; accordingly at about 5 o'clock in the afternoon of the previous day the 20th of February, 1952, he duly promulgated an order under section 144 of the Code of Criminal Procedure prohibiting processions, demonstrations and the assembly of 5 or more persons in any public place or thoroughfare in the city except with the prior permission of the District Magistrate. The order was promulgated by beat of drum throughout the city; a publicity van broadcast it through the microphone and copies were given to the various newspapers. Police arrangements were made to meet the expected emergency and by 7-30 a.m. on the 21st of Februrary 1952, the Control Room was manned and dispositions were made of the police forces in accordance with these arrangements. Reports were received at the Control Room and at the various police stations from an early hour in the morning that attempts were being made to enforce the hartal by closing down shops interfering with vehicular traffic and compelling passengers to dismount from buses, taxis, rickshaws and hackney carriages. Throughout the day the situation deteriorated and ultimately the Police opened fire at 3-20 p.m. at the Medical College gate with the result that one person was killed on the spot and three others subsequently succumbed to the injuries they received. One of the persons killed was a student named Abul Barkat.
2. On Thursday, March 13, 1952, a notification, being Notification No. 943-PL. dated the 13th March, 1952, was published in the Dacca Gazette, Extraordinary of that date
The notification is in the following terms:—
"With regard to the firing by police that took place in Dacca on the 21st February. 1952, the Government of East Bengal have decided that an enquiry should be held by a Judge of the Dacca High Court to be nominated by the Hon'ble the Chief Justice. The terms of reference of the enquiry are as follows
To enquire and report-
(i) whether the firing by the police was necessary, and
(ii) whether the force thus used by the police was justified in the circumstances of the case or whether it was in excess of that necessary to restore order.
The enquiry shall be held in camera. The Enquiring Judge may at his discretion permit Advocates to assist him in the conduct of the enquiry.
The enquiry shall start on a date to be fired by the Enquiring Judge and shall be completed as soon as possible."
3. This notification recited that the Government of East Bengal had decided that the enquiry should be held by a Judge of the Dacca High Court nominated by the Hon'ble Chief Justice. Thereafter, I received a copy of an order, dated the 17th of March, 1952. from His Excellency the Governor of East Bengal, directing that I should hold the enquiry. The order runs as follows:—
"His Excellency the Governor of East Bengal is pleased to direct the Hon'ble Mr. Justice T. H. Ellis, a Judge of the High Court of Judicature at Dacca to hold an enquiry into the firing by the police at Dacca on the 21st February, 1952, as required under Notification No. 943-PL., dated the 13th March, 1952, published in the Dacca Gazette. Extraordinary, dated the 13th March 1952.
Secretary to the Governor of East Bengal
NOTICE
"Statements in writing, preferably typewritten, of facts relevant to the firing by the Police at Dacca on the 21st of February, 1952, are invited from members of the public, members of the University, student groups or organisations from the Provincial Government and any other parties concerned.
The statements should be accompanied by a list of the full names and addresses of the witnesses cited in their support.
The statements should be addressed to the Hon'ble Mr. Justice Ellis at the High Court, Dacca, and should reach him on or before the 31st March, 1952."
Judge, High Court, Dacca.
20-3-1952.
The notice was given wide publicity by publication in the Provincial newspapers and by broadcast announcement over Radio Pakistan.
5. The notice invited statements in writing from persons in a position to speak to facts relevant to the firing by the Police on the 21st of February 1952. In all I received 28 communications and of those 28 communications one related to the events of the 22nd of February, 1952, which did not fall within the scope of my enquiry and therefore did not call for consideration. Eleven of the communications were received from persons who thought that the firing by the Police was not warranted by the circumstances of the case. Two of the communications came from the convenor of the All-Party State Language Committee and from the acting General Secretary, East Pakistan Youth League respectively. They forwarded resolutions of those associations announcing that they did not propose to take part in the enquiry inasmuch as they objected to its scope and limitation. An anonymous petition purporting to come from the students and public complained that the students leaders and the leaders of the public who were aware of the material facts had been kept in jail and thus were not in a position to make any statements relevant to the Police firing. One communication was a letter signed by one Syedul Huq of Mymensingh who asked me to send his letter to the Press for publication. It appeared that he was labouring under a personal grievance, had a private axe to grind and was anxious for a little free and safe publicity. One statement in Bengali, dated the 28th March 1952, was received from a student of the Dacca College by name Mohd. Abdul Matin, but he subsequently withdrew in a letter of the 9th April, 1952 that statement on behalf of himself and the witnesses he had cited. A statement was sent by one Aktaruddin, President of the All East Pakistan Muslim Students' League, 24, S.M. Hall, Dacca, on the 27th of March, 1952. It did not reach me till the 1st of April 1952, one day after the date appointed for the reception of statements. I accepted it, however, as it had been despatched on the 27th of March, 1952. It contained the surprising statement that a written order to fire was handed over to the Police officials from a private car from Burdwan House. It was accompanied by a letter expressing the students' mortification at the limited scope of the enquiry and then apprehension that it would prove impossible-or had been made impossible for me to gather the true facts of the occurrence.
6. The principal statement of the communicants who objected to the Police firing was received from one Dewan Harun Md. Maniruddin, a student of the Jagannath College, Dacca. He was the only person who claimed to have personally witnessed the Police firing. He submitted one statement on the 21" March, 1952, in which he gave the names of 5 witnesses but followed it up two days later by another statement, dated the 23rd of March, 1952, shorter but substantially on the same lines-in which he added the names of 17 more witnesses.
7. Sixteen statements were received from persons who complained that they had been the victims of lawlessness on the part of the student body on the 21st February, 1952. Some of them were bus conductors, drivers and rickshawalas, who had apparently gathered the impression that one of the functions of the enquiry was to assess damages and award compensation to persons whose vehicles had been damaged. The principal statement in justification of the firing was that submitted by the Government of East Bengal to which a list of 21 persons was attached as witnesses in a position to give evidence material to the enquiry.
8. I considered it desirable to secure the statements of all the persons whose names had been given in the various statements submitted and accordingly had notices issued or requiring requesting them to attend the enquiry for that purpose. The addresses proved insufficient to reach 8 of the persons whose names had been given and so no notice could be served upon them. Seven of those who actually did receive notice did not put in an appearance. They replied either declining to give evidence or explaining that they were not in a position to give any evidence material to the scope of the enquiry.
9. The Government notification of the 13th March, allowed me at my discretion to permit Advocates to assist me in the conduct of the enquiry. Mr. Hamoodur Rahman appeared with my permission on behalf of certain of the Government officers concerned in the enquiry. No other Advocate applied for permission to appear, nor did any other party ask to be represented by an Advocate. Though the Government of East Bengal had submitted a statement it did not consider itself a party to the enquiry and was not legally represented. At my request, however, Mr. Syed Abdul Ghani appeared as appointed by Government to assist me in the enquiry.
10. The hearing in camera should have commenced on the 7th April, 1952, but on that date it proved impossible to examine any witness as certain preliminary arrangements were not completed in time. The examination of witnesses actually commenced on the 8th of April.
11. Witnesses whose statements were in support of the police claim that the firing was justified and was not in excess were examined on the 8th, 9th, 10th, 15th, 16th, 17th and 18th of April, i.e., for 7 days. Witnesses whose names figured in the statements disapproving of the firing were examined on the 21st, 22nd, 24th, 25th, 26th, 28th and 30th of April, i.e., for a similar period of 7 days. After the statements of the witnesses had been recorded two days were taken up in argument. Mr. Hamoodur Rahman presented the case for his clients on May 2nd, and Mr. Abdul Ghani argued his case on May 3rd. After the enquiry was concluded, although familiar with the topography of the scene of the firing I visited the locality to refresh my memory as to the position and lie of the buildings and landmarks figuring in the enquiry and to see for myself the bullet marks on the Medical College hostels.
12. Witnesses' statements recorded in the enquiry may conveniently be divided into 5 classes. The first class consists of official witnesses-1 to 21 and witness No. 36, Ashraf Ali Wahidi, a photographer attached to the firm of Messrs. Zaidi & Co., who took photographs at the instance of the police after the occurrence was over.
| Witness No. | |
|---|---|
| Mr. Md. Idris, P.S.P., S.P., Dacca | 1 |
| Mr. S.H. Quraishi, C.S.P., District Magistrate, Dacca ... | |
| Mr. A.Z. Obaidullah, D.I.-G., Dacca Range | 2 |
| Mr. Md. Siddique Dewan, D.S.P., City, Dacca | 3 |
| Mr. Nuruddin Ahmed, S.D.O., Sadar South, Dacca | 4 |
| Mr. Masood Mahmood, P.S.P., Additional S.P., City, Dacca | 5 |
| Mr Nabi Sher Khan, then R.I. 2nd, Dacca. Now R.I., Faridpur. | 6 |
| Mr. Md. Yusuf, Special Superintendent of Police, I.B., East Bengal, Dacca. | 7 |
| Mr. Abdul Gofran, then O.C., Lalbagh, Dacca. Now Inspector of Police, Barisal | 8 |
| Mr. Mir Ashraful Huq, Inspector of Police, D.D., Dacca ... | 9 |
| Mr. J.D'Mellow, Inspector of Police, Dacca 1 | 10 |
| The Hon'ble Mr. Hasan Ali, Minister-in-charge of C.B.I. | 11 |
| Department, Government of East Bengal, Dacca. | 12 |
| Mr. Syed Abdul Majid, Director of Land Records and Surveys, East Bengal, Dacca | 13 |
| Mr. Aulad Hossain Khan, Parliamentary Secretary to Hon'ble Minister, Civil Supplies, Government of East Bengal, Dacca. | 14 |
| Dr. Altafuddin Ahmed, Civil Surgeon, Dacca | 15 |
| Mr. Abdur Rahman, Sub-Deputy Magistrate, Dacca | 16 |
| Mr. A. Jabbar, Inspector of Police, Lalbagh Circle, Dacca | 17 |
| Dr. Hibibuddin Ahmed, Professor of Midwifery and Gynecology. Witness No. Medical College. Dacca. | 18 |
| Dr. Ahmed Hossain. ElectroTherapisi attached 10 Medical College Hospital, Dacca | 19 |
| Dr. Hammadur Rahman, Medical Practitioner, Dacca | 20 |
| Dr. Shaikh Abdus Shakoor. Medical Practitioner. Dacca | 21 |
| Mr. A&hraf Ali Wahidi, Photographer attached to Messrs. Zaidi & Co. | 36 |
| 13 The second class of witnesses consists of the 3 University officials : | 35 |
| Dr. S.M. Hossain, Vice-Chancel lor, Dacca University ... | 37 |
| Dr. I. H. Zuberi. Dean of the Faculty of Arts, and Head of the Department of English. Dacca University. | 38 |
| Dr. M.O. Ghani. Provost, Salimullah Muslim Hall, Dacca |
14. The third class of witnesses consists of 10 students. 7 of them being, students residing in the Medical College Hostel and 3 of them being outsiders.
| The students are- | Witness No. |
|---|---|
| Abdul Malik | 42 |
| Safiuddin Choudhury | 47 |
| Hurmai Ali | 50 |
| Md. Gholam Zulfiquar | 52 |
| Aminur Rahman | 53 |
| Rafiqur Raza Chaudhury | 54 |
| Sycó Abdul Malik | 60 |
| and Che 3 outsiders arc- | |
| Ahsanullah. Resident of Salimullah Muslim Orphanage. Dacca | 58 |
| Shaikh Md. Abdul Hye | 62 |
| Dewan Haroon Md. Maniruddin | 64 |
15. The 4th class of witnesses may be described as witnesses hailing from the Medical College. Of their number, four are doctors-
| Witness No. | |
|---|---|
| Dr. Zinnur Ahmed Chaudhury | 39 |
| Dr. Abdul Masood Khanmajlis | 40 |
| Dr. Nawab Ali | 41, and |
| Dr. Abdus Samad Khan Chaudhury | 55 |
Three of the witness arc nurses, viz. –
| Witness No. | |
|---|---|
| Sister Miss Eliza Kuruala | 43 |
| Miss Nur Jehan Begum | 44, and |
| Miss Pulu Costa. | 48 |
Five of the witnesses are Ward boys Ambulance attendants, viz. –
| Witness No. | |
|---|---|
| Deedar Bux | 45 |
| Mohammed Mian | 46 |
| Sekander Ali | 49 |
| Muslim Khan | 49 |
| Ramzan Khondkar | 59, and 61 |
Witness No. 51, Mr. Abdus Sattar Dewan is connected with the Medical College Hospital being its Accountant and witness No. 63, Mr. Ekhlas Uddin Ahmed is a representative of the firm of Khondkar & Co., Contractors to the Medical College Hospital.
16. The 5th and the last class of witnesses consist of those persons who may be conveniently grouped together as witnesses belonging to the public.
| They are- | Witness No. |
|---|---|
| Mir Muslim, Bus driver | 22 |
| Mansur, Bus conductor | 23 |
| Sona Mian, Rickshaw-puller | 25 |
| Pear Bux, Rickshaw-puller | 27 |
| Faku Mian, Rickshaw-puller | 29 |
| Kala Chan, Rickshaw-puller | 30 |
| Nawab Mian, Rickshaw-puller | 31 |
| Ashrafuddin, Rickshaw-puller | 32 |
| Abdul Hamid, Rickshaw-puller | 33 |
| In this class also come— | 24 |
| Dr. A. Musa A. Huq, a medical practitioner | |
| Mr. Md. Kamal, M.A. At present unemployed | 28 |
| Mr Abdus Sattar, A Technician of the A.P.P. | 34 |
| Matil Islam, an Assistant in the C.L. and I. Department, Government of East Bengal, Dacca | 56, and |
| Mr. Noor Mohammed, an Assistant in the Air Custons Office, Tejgaon, Dacca | 57 |
17. The witnesses who were represented by Mr. Hamoodur Rahman had already had their statements recorded and these were produced as each of the witnesses presented himself at the enquiry. As it was thought advisable to do so, each of the witnesses was examined by Mr. Hamoodur Rahman and was then cross-examined Mr. Ghani. When the witnesses who had been cited in disapproval of the firing presented themselves they were questioned by the presiding officer first of all and were then questioned by Mr. A. Ghani and Mr. Hamoodur Rahman in turn. It may be added that none of the witnesses deposed on oath as the enquiring officer had no power to administer an oath to any person appearing as a witness in the enquiry.
It may be here observed that the witnesses whose evidence is really immaterial in this enquiry are the 8 official witnesses, 6 police officers—
| Witness No. | |
|---|---|
| Mr. Md. Idris, P.S.P., S.P., Dacca | 1 |
| Mr A.Z. Obaidullah, D.I.-G., Dacca-Range | 3 |
| Mr. Md. Siddique Dewan. D.S.P., City Dacca | 4 |
| Mr. Mohammed Yusuf, Special Superintendent of Police, I. B., | |
| East Bengal, Dacca | 8 |
| Mr. Abdul Gofran, then Officer in Charge, Lalbagh P.S. Dacca, now Inspector of Police, Barisal. | 9 |
| Mr. Mir Ashraful Huq, Inspector of Police, Detective Department, Dacca; and two Magistrates | 10 |
| Mr. S.H. Quraishi, C.S.P., District Magistrate, Dacca | 2 |
| Mr. Nooruddin Ahmed, S.D.O., Sadar, South, Dacca and non-official witnesses | 5 |
| Mr. Md. Kamal, M.A. | 28 |
| Dewan haroon Md. Maniruddin | 64 |
19. With regard to the incidents in the morning the police witnesses claimed that the day opened with interference with vehicular traffic in the University area from 7-30 a.m. The Police had anticipated that the hartal declared for the 21st February would soon lead to trouble in the University area and had made arrangements to face the emergency. Accordingly the police forces took up their position according to the arrangements previously made by 7-30 in the morning. Md. Siddique Dewan, City D.S.P., Dacca, being detailed for duty in the University ground. Mr. Masood Mahmood, the Additional Superintendent of Police, City, went out on his rounds and visited the Police Outposts from the early morning. In the University area he saw that students were stopping vehicular traffic, forcing passengers to alight from buses, taxis, rickshaws and cars and the tyres of those conveyances were deflated in order to prevent them from being used subsequently. The Police officers intervened in order to keep traffic moving and were abused in filthy language and in particular-the Additional S. P. City, was made the target of the students' attack. The Superintendent of Police, Mr. Idris, at 7-45, a.m. received information that a large number of students had collected inside and outside the University premises and the Medical College Hostel compound and, they were compelling drivers of vehicles to stop and passengers to alight in order to enforce the declared hartal. The Superintendent of Police hurried to this troublous spot at. 8-15 in the morning and found that the students were actually using violence in order to stop vehicular traffic as had been reported to him. The S. P. tried his best to dissuade the students from carrying on these activities but he found that his protests were not having any effect and as he anticipated trouble he stationed police in that particular area. At 9 a.m. at the University gate he had in position the D.S.P., City, one Inspector, two head constables and 20 constable of the S.A.F., one Inspector, one Sub-Inspector, one Sergeant, two head constables and 14 constables armed with lathis. At the Medical College gate he had one head constable, and 10 constables of the S.A.F. and near the Salimullah Muslim Hall he had one head constable, and 10 constables and the constables were armed.
20. At about this time people began to collect in the University compound in driblets. small groups of students and outsiders filtering into the compound until by 10 a.m. a large number of persons had assembled in the University compound and preparations were being made for a meeting. The situation by 10 a.m. had become so tense that a message was sent to Mr. Quraishi, the District Magistrate, and he immediately proceeded to the University gate. When he reached the spot, Mr. Quraishi found that a very large crowd had gathered at the gate and inside the University compound which was indulging in abuse of the police and preparing for a mass defiance of the orders under section 144 of the Code. Mr. Quraishi got the Registrar of the University to telephone to the Vice- Chancellor, asking for the University authorities to persuade the students not to violate the order under section 144, Cr.P.C. Shortly after the arrival of the District Magistrate the Vice-Chancellor, together with Dr. Zuberi and Dr. Ghani had arrived on the scene. The District Magistrate Mr. Quraishi, requested them to prevail upon the students to stop their unlawful activities, to refrain from interference with traffic on the public highway and to refrain from violating section 144 of the Code of Criminal Procedure. When the Vice-Chancellor approached the students whose number he estimated at 1,000 or so. at first they asked him to lead their procession in violation of the order. He proposed that they might hold a meeting, pass a resolution and then disperse. The students met this proposal with a request for him to give them a lead in the matter and preside over the meeting. He did not agree. But he said he was prepared to associate with them if they gave him a guarantee that they would behave peacefully and disperse peacefully after the meeting. The guarantee was never given though some of the leading students tried without success to prevail upon the general body of students. The Vice Chancellor refused to accept the students- suggestion that he should act according to the decision of the meeting. It was abundantly clear that the students were in no mood to listen to any reasonable suggestions and had obviously made up their minds to violate the orders under section 144 of the Code.
21. The meeting which was held inside the University compound broke up at about 11 a.m. The students then “terribly excited" according to Dr. Zuberi, took possession of the University gate and according to the statements of the Vice-Chancellor and his two colleagues they began to emerge from the gate in small batches of 5, 7 or 10 at a time in order to court arrest by the Police. The police witnesses stated that they came out in batches of 25 or 30. The University authorities stated that the students went out of the gate as their names were called from a roster-list in a note-book-a circumstance which establishes beyond doubt that the “meeting" was merely a specious pretence, the students had made all preparations beforehand for their defiance of section 144 and had selected the names of the students who were to defy the order and had arranged the order in which particular students were to leave the University premises for that purpose. As the students emerged through the University gate the Police arrested them-ignoring the girl students- and indeed some of the students of their own accord climbed into the vehicles, which were to convey them to the police stations. In all 91 persons were arrested and by that time all available accommodation in the police vehicles had been filled up and the Police were in the embarrassing position of not being able to remove any more persons under arrest. Sensing this embarrassment the crowd became more truculent and began to throw brickbats at the Police. The Police had to make further arrangement in the disposition of their forces. Some constables had to be sent in order to escort the students who had been arrested. The Additional S.P. City, was sent to the Assembly House in order to guard the same as it was reported that the students intended to stage a march on the Assembly House and a gas squad was brought to the University gate. At this time the disposition of the police force was as follows:—
At the University gate one Inspector, one Sub-Inspector, one head constable, 6 constables of the S. A. F., one head constable and 4 constables armed with lathis and 14 constables of the gas squad. At the Madical College gate there was the D. S. P., City, one head constable and the 10 constables of the S.A.F. At the Assembly House corner there was the Additional S.P., City, 3 Sergeants, one Sub-Inspector and 2 head constables and 18 constables armed, one head constable and 4 constables with lathis and one head constable and 6 constables of the gas squad.
22. After the arrest of the 91 offenders who violated section 144 of the Code there was a general rush from the University compound. The mob began to run in the direction of the Assembly buildings shouting slogans such as, “Rastra Bhasa Bangala Chai", “Police Zulum Chalbe Na". Its members were informed by the S. P. and the District Magistrate that they constituted an unlawful assembly and unless they dispersed force would be used to disperse them. They did not disperse and so the police fired gas shells and threw gas grenades in order to disperse them. The result of the gas attack was that the students scattered only to reassemble in the Medical College area and on the other side of the Secretariat Road in the University playground. The students could pass from the University compound area into the Medical College compound area because the wall which separates the two at that time was breached and it was physically possible to pass from one compound to the other within the University area without coming out on to the Secretariat Road. The gas attack temporarily dispersed the crowd but by that time the Additional S. P., City, Mr. Masood Mahmood had already been injured, a jeep had been smashed and there was intermittent brickbatting on the police force from the University premises and from the Medical College area. The situation was regarded as serious enough to call for the presence of the Deputy Inspector-General of Police, Dacca Range, Mr. A. Z. Obidullah. He arrived on the spot at about I p.m. There he met the District Magistrate and the Superintendent of Police and found that a crowd was collected on the road in front of the University and the Medical College extending almost up to the Assembly House. Warnings by the District Magistrate, the Deputy Inspector-General of Police and the Superintendent of Police went unheeded and the crowd intensified its attack on the police and showers of brickbats were hurled at them. When dispersed by gas attacks, they merely retreated temporarily into the University area-their “sanctuary" and gathered for a fresh attack. It appeared that the focus of the trouble was at the gate of the Medical College and accordingly it was decided to concentrate the police force at the Medical College gate, where it appeared, to be more urgently needed. Between 2 and 2- 30 p.m. the situation developed more serious and the police were forced to take shelter behind the shops on the western side of the Secretariat Road. A member of the Legislative Assembly Maulvi Aulad Hossain, was actually intercepted on his way to the Assembly and was forced to drive into the Medical College Hostel compound. He was compelled to sign a paper that Bengali should be one of the State languages-and, under threats, that he had witnessed lathi charges were being made and had seen the injuries on some boys though as a matter of fact he had not done so. He was unable to come out until 9 p.m. At about this time also the D.S.P., City, Mr. Md. Siddique Dewan, was manhandled and one of the two determined lathi charges which took place on the afternoon of the 21st February was made to effect his rescue from the hands of the crowd. The Police made repeated use of tear gas grenades and shells but the effect produced was not lasting and the mob quickly recovered the initiative. They played what one witness has described as a “cat and mouse" game with the Police, put the grenades and shells out of action by pouring water upon them and' then continued their attacks on the Police and passers-by with showers of brickbats. 23. It was at this stage that the Hon'ble Mr. Hassan Ali passed by that way in his car on his way to the Assembly together with Maulana Abdullah-al-Baqui, M.L.A.. M.C.A.-President of the Provincial Muslim League, who was travelling with him in the same car. The car was stopped by the crowd and put out of action by having the tyres deflated. Two young men got into the car, one by the left door, the other by right door. They wihsed the Hon'ble Minister and his companion to go with them into the Medical College Hospital and pressed them hard. His companion got out of the car in order to do so, but the Hon'ble Minister and his orderly pulled him back into the car as he considered it highly unsafe for him to go as so many brickbats were flying about the place. The Police put the Hon'ble Minister and his companion into a Police car and drove them off to the Assembly House but the Hon'ble Minister was injured on his head by a brick as the jeep drove away. But this time the Police had sustained a considerable number of casualties and the D.I.G., the District Magistrate, the Superintendent of Police and the Additional Superintendent of Police, City, had all been injured with brickbats. Other members of the Police force had also sustained injuries but they were carrying on in spite of that handicap.
24. It was about this period from 3 p.m. onwards that the Police found the situation was slipping beyond their control. A second and last determined lathi charge was made by the Police at 3 p.m. on the mob on the road. This time, however, the lathi charge did not have the desired effect and the Police found that instead of the mob falling back they themselves had to fall back as they could not face the heavy showers of brickbats rained upon them. According to estimates of the District Magistrate and Police Officials, the mob at this time consisted of over 5,000 men. It was closing in on the Police force from two sides-from the University playground corner and from the Medical College Hostel. in a menacing fashion and finding that the Police party was in danger of being encircled and overpowered, the District Magistrate, the D.I.G. and the S.P. agreed that the situation was so desperate that it was necessary to open fire. As a last resort, a final warning was given but as this had no effect, under the direction of the District Magistrate and under the direct orders of the Superintendent of Police, the Police party fired on the rioters. The firing party consisted of 3 head constables and 30 constables who formed a square on the road between the Medical College gate and the Medical College Hostel gate. Five men on each flank faced the University ground and the Medical College Hostel in a kneeling position. The rest remained facing the north-west. The D.I.G's recollection of the exact formation does not agree with that of the S.P.-but as the S.P. was in actual command his recollection is more likely to be accurate. Other members of the Police party and the S.P. himself took up their position inside the square. The S.P. ordered the two flanks to fire one round each and they did so. The mob on the University playground side fell back but the mob on the Medical College Hostel side halted momentarily and again advanced throwing brickbats. And then the S.P. ordered the flank facing the Medical College Hostel to open fire a second time. As soon as the mob on this side began to fall back the Superintendent of Police ordered the “cease fire". After the firing the ammunition was checked and it was found that 27 rounds in all had been fired. Five towards the rioters on the University playground side and 22 rounds towards the ioters on the Medical College Hostel side. At the time of the firing one man dropped dead near the corner of the University ground and was removed to the hospital in an ambulance but as the rioters were still in an excited and turbulent mood, it was impossible for the Police to discover what were the casualties on the Medical College Hostel side. It was ultimately discovered that there were nine casualties as a result of the firing, of whom three were students and six outsiders. Two died in the hospital that night at about 8 p.m., one being a student and a third succumbed to his injuries during the course of the enquiry. Even after the firing the crowd did not stop throwing brickbats-a microphone was set up in the Medical College Hostel compound and fiery speeches were made against Government and the Police. Bloodstained clothes were displayed to the crowd to keep its excitement high. And the Police had to make a lathi charge to prevent another concerted rush on the Assembly at 4-30 or 5 p.m.
25. Mr. Homoodur Rahman has contended that the statements of the Police officers with regard to the development of the situation in and around the University area have been corroborated by the evidence of the witnesses of the University itself. These witnesses, namely, the Vice-Chancellor, Dr. Zuberi and Dr. Ghani were in a position to corroborate the position inside the university compound and to speak of the excitement and commotion amongst the students although they did not see what was actually happening outside on the road, save on their visits to the University gate. They did admit, however, that complaints were made to them by the officials that brickbats were being thrown from the University area and those brickbats had actually injured personnel of the Police force and had damaged some of the Police transport Dr. Zuberi (Witness No. 37) was questioned with regard to the brickbats:
Question No. 140-"Please try to remember if you had noticed whether while these arrests were being made any brickbats were coming from the University compound and hit policemen and the jeep?”
Answer-"When the arrests were being made I do not think any brickbats were thrown."
Question No. 141-"Later?”
Answer-"But after the firing of the tear gas shells the Police complained to the Vice- Chancellor that brickbats had been thrown at them."
Question No. 142-"Was any attempt made by the Vice-Chancellor to ascertain whether brickbats were thrown from that place across the railings?
Answer- “I do not think that the Vice-Chancellor made any attempt to find that out. But I think some brickbats were thrown. I was outside the railings. I tried to dissuade the students myself that they should now throw any brickbats. I remember that very well"
26. Although the Vice-Chancellor and Dr. Ghani did not themselves see any brickbats being thrown, yet the Vice-Chancellor in answer to questions 59, 64 and 245 admitted that he saw brickbats on the streets when he came out of the University and in answer to question No. 246 he admitted that as he left the University brickbats fell near him and caused him hurriedly to leave that particular place. The doctors who gave evidence also speak of seeing brickbats scattered about on the road as they entered or left the premises on their duties. Witness No. 39, Dr. Zinnur Ahmed Chaudhury, No. 40, Dr. Abul Masood Khanmajlis, No. 41, Dr. Nawab Ali, and all the male nurses, namely, No. 46, Mohammed Mian, No. 49, Sekander Ali made mention of brickbats in the course of their statements and so does witness No. 63, Ekhlasuddin Ahmed, a Contractor's representative. That brickbats were thrown and were to be found scattered about the street is also apparent from the photographs exhibited and from the statements of witnesses who belong to the class of the general public, the bus drivers, the doctors, the rickshawalas who wanted to claim compensation for damage done to their vehicles (Witnesse Nos. 22,23,24, 25, 26, 27, 28, 29, 30, 31, 32, 33 and 34). Perhaps even more impressive is the statement of witness No. 24, Dr. A. Musa A. Huq, a medical practitioner of Dacca who deposed that he was stopped on his way to attend a patient while driving in his car past the Medical College. He spoke on the sudden swelling of the crowd at that particular junction, the crowd being composed of boisterous elements and he also spoke of the brickbats being thrown at the Police. This doctor is a gentleman whose word there is no reason to doubt and if his statement is accepted as true then certainly at 2 p.m. the situation in front of the Medical College gate was serious.
27. It has been suggested by Mr. Ghani that as a matter of fact the incidents prior to the firing by the Police have been exaggerated and the numbers of the crowd magnified in order to give a veneer of truth to the police statements that they were in danger of being overwhelmed. It was suggested for example that the crowd in the University and the Medical College areas has been estimated by the police witnesses as being somewhat 4,000 or 5,000 strong while according to the Vice-Chancel lor the total number of University students is only 2,500. It is claimed therefore that even if the whole body of students and Medical College Hostel boarders were involved in the disturbances the number falls short of the estimate given by the Police. It is also claimed that only two outsiders, Mr. Shamsul Huq and Mr. Oli Ahad were mentioned as having been seen. within the University area on that morning. The high officials of the University, the Vice-Chancellor, Dr. Zuberi and Dr. Ghani, according to their own statements estimate the crowd in the University precincts at about 1,000 and Mr. Ghani points out that they say that after the meeting was over a large number of the persons who had attended the meeting dispersed peacefully. The ranks of the students thinned out and some merely listened to the meeting and left shortly thereafter. It is also pointed out that the police raised no objection at all to these students who wished to leave and allowed them to do so and therefore if the University officials figure of 1,000 is approximately correct and if a considerable number of these dispersed peacefully, then it is difficult to accept the Police figure of 4,000 to 5,000 at about 1-45 p.m. This argument, however, does not really carry conviction because the police opened fire at 3-20 p.m. and it is possible that the crowd augmented in the interval between the termination of the meeting and the actual firing. Indeed if the evidence of P.W. 28, Mr. Mohammed Kamal be believed-that would seem to be what actually happened and as has already been noticed-it was not difficult for students and outsiders to pass from one part of the University and the Medical College compound to another without coming out on the road at all. And that there were outsiders within the University compound at this particular time admits of no dispute on the statements of witnesses and on the casualty lists. 28. The Vice-Chancellor spoke of the students as being “Exasperated" after the police used tear gas on them and it is perhaps not without significance that one witness. No. 55, Dr. Abdul Samad Khan Chaudhury, Assistant Surgeon in the Ear, Nose and Throat Department stated that after he had heard the explosion of the first gas attack to disperse the students, they were excited and shouting and he told the Resident Surgeon that they might expect trouble. In answer to the President's enquiry as to why he expected trouble the witness stated that as a result of his own Calcutta experiences in 1947, he knew that when student's excitement clashed with the Police, trouble always broke out and the students really were very excited. As a result of his Calcutta experiences he expected a large number of casualties. That this really was so is shown by the fact that he told the Resident Surgeon to draw up a list of doctors to cope with the influx of cases which heexpected.
29. It has been suggested that the University authorities were amiss in that they failed to take steps to check outsiders from the University premises and to close the University gates. The Vice Chancellor stated that any attempt to remove outsiders would have worsened the situation and an invitation to the Police to enter the premises of the University to remove the outsiders would have only complicated matters. He was supported by his colleagues who also stated that no such steps were possible and it was not physically possible to any close the gates because the students were in command of the gates.
30. It has also been suggested by Mr. Ghani that the Police did not handle the situation properly from the earlier stages and when they saw that the University area was proving a focus of trouble on that had particular day perhaps the Police officers could have avoided the firing by assembling a larger police force on the spot, or shutting it off by a cordon. This does not seem to be a very convincing argument. Obviously, the Police arrangements to deal with any possible trouble he had to cover the whole city and not any particular area and the police might well consider that it would have been inviting disaster elsewhere to denude the rest of the city of necessary police forces in order to concentrate them in the University area.
31. This, however, is not really the question which arises for determination in this enquiry. What has to be decided is whether with the police force available at the spot at 3-20 p.m. on the 21st of February, firing could have been avoided.
32. On the Police statements it is their case that the situation rapidly deteriorated and although the Police expended a huge quantity of tear gas firing in all 39 gas grenades and 72 tear gas shells they were by 3 p.m., not in a position to cope with the riotous mob that kept assembling and reassembling in front of the Medical College gate and in the compound and across the road, in the University playing ground. It is only too obvious that the students regarded the University compound, the Medical College compound and the Hostel area as “sanctuary" from which they could with safety sally out and attack the Police. This is perhaps the reason why the students who have made statements all claim that they were inside the compound behind the railings engaged in their peaceful pursuits. 33. It will at this point be appropriate to quote the statements of the official witnesses with regard to the position of the police force at 3-20 and with regard to the necessity for firing on the crowd.
34. Mr. Idris was questioned with regard to the situation at the time when he opened fire as follows:—
Question No. 75- “Now to return to the determined lathi charge would you tell my Lord what was the effect of the lathi charge?”
Answer “The lathi charge failed completely. Instead of the crowd receding and stopping brickbatting they started advancing with more showers of brickbats, mainly from two directions" from the university playground corner and from the Medical College Hostel side."
Question No. 76-"What would be your estimate of the crowd, you say, advancing from these directions?”
Answer - Five to six thousand."
Question No. 77: -"What was the strength of the Police Force at that place at that time?
Answer “In all at that time there were 3 head constables, 30 constables of the armed branch, two head constables and 14 constables of the unarmed branch, and one head constable and 14 constables of the gas squad, one Inspector and two Sergeants."
Question No. 78- “When the crowd was advancing, you said that lathi charge had no effect. Would you tell my Lord what steps did you consider necessary at this time?”
Answer-The crowd was advancing with shower of brickbats and I had to come with armed forces and put them in position. When the situation came to such a pass that we were being almost encircled and overpowered, I consulted the D.M. and the D.I.G. who had all along been present there. We decided to open fire."
Question No. 79-"Could you tell my Lord how fire was opened by you and under whose command?”
Answer-Tiring was done under my command. I put my men in position and formed them in flanks of 5 men each facing the university ground corner and Medical College Hostel side. I ordered my men on both flanks to fire one round each. They did so. The crowd near the University playground, at the corner of the University playground-was held back and I found one man dropping down there, but the crowd from the Medical College Hostel side fell back momentarily and again advanced towards us with heavy showers of brickbats. I ordered the 5 men in the flank to fire a volley of rounds. Then I ordered them to stop as soon as I saw this mob falling back. I ordered cease fire and then checked up ammunitions and found that in all 27 rounds were fired."
Question No. 80 “Prior to the opening of the fire was any warning given to the crowd?” Answer - “Yes, we warned them repeatedly."
Question No. 81 - To Court: “Who gave the warning?”
Answer “We all."
Question No. 82 - “What do you mean by 'all?”
Answer-"D.I.G., D.M. and myself all warned them and ultimately firing was opened."
Question No 83 - To Mr. H. Rahman: “Would you give us the approximate time of the firing?”
Answer- “At about 3 p.m."
Question No. 84- “What was the effect?”
Answer - “One man dropped down that was at the university playground."
Question No. 85- “What was further casualty?”
Answer - “We could not ascertain that."
Question No. 86 - “Why not?”
Answer-Because the attitude of the mob was very violent. To make any attempt to recover the dead and the injured persons from amongst the rioters would have been a severe fight. That was my reading of the situation at that time because even after the firing throwing of brickbats continued."
Question No. 87 - “You have said that after the second firing the mob fell back and you ordered 'cease fire'. When the mob fell back did you see any injured person in the street?”.
Answer “No."
Question No. 88 - “What happened to that person who died?
Answer-The dead body was removed by ambulance."
Question No. 89 “By whom?”
Answer-"I could not tell you."
Question No. 90 - “You have told my Lord the situation in which you opened firing. Would you now tell my Lord what would be the result had you not ordered open firing?”
Answer - “Had I not opened firing all the forces could have been over powered."
Question No. 91-"Is it your case then that firing was necessary for your protection and for the protection of your force?”
Answer-That was my object; otherwise firing would have been done long ago. It was only when we were being overpowered we fired to save ourselves."
Question No. 305 “In one word, Mr. Idris, is it not a fact that the firing was rather excessive and was not called for by the exigency of the situation?” Answer “The firing was not excessive. The firing was most essential. Unless we opened fire I would not have been here to give evidence today. I had two alternatives before me, either to run away with my force or to allow myself to be overrun and killed."
35. The District Magistrate (witness No. 2) was also questioned in the same manner:—
Question No. 59 - “At about 3 p.m. what would be your estimate of the crowed that was collecting there round about the crossing?”
Answer-"The crowd was spread over-it must have been about 5,000".
Question No. 60-"Have you got any idea of the strength of Police force to deal with the situation there?
Answer-"The total strength of the Police force was 50-some of them were armed and some of them were with tear gas."
Question No. 61-"Please tell my Lord what steps you took?”
Answer-"We tried to dissuade the crowd from throwing brickbats but all that failed. Some policemen were manhandled by the crowd. Still we were trying to keep the crowd away from the gate by continued lathi charge whenever possible and in doing so the number of casualties on the side of the police, was mounting until the position became such that lathi charge was done but it did not have any effect on the crowd. It rather increased the casualties on our side. Use of tear gas also had no effect, and actually at one stage showers had become so intensive that the Police party had been collected and put near the shops in order to have some protection against the missiles and brickbats. That was all happening after 3 p.m. but even in this position the crowd won't stop. They advanced again on the spot where the police was posted and came within the striking distance and concentrated their shower of brickbats."
Question No. 62-"What did the Police do then?”
Answer-'Almost the cry was that the police party might be overwhelmed. All efforts to keep the mob away had been exhausted. Our attempt to keep a bit away from the crowd again became fruitless. We discussed the situation -Deputy Inspector-General, the Superintendent of Police and myself-and we were strongly of opinion that firing had to be opened; otherwise the police party would be overwhelmed. This was about quarter past three. We again decided that there must be a final attempt to disperse the crowd by determined lathi charge and we did so. Our men had advanced, the lathi charge failed because before we could come in contract with them we were almost littered with stones and the police party which was now posted on the road found itself in an awfully hopeless position. The crowd seeing this again converged and started brickbatting with increased severity. To meet the situation, in my opinion, there was no way left to disperse the crowd or to extricate the police force from being overwhelmed except by opening fire. The S. P. asked me for permission and I gave permission for opening fire.
Question No. 63-"Under whose command this firing was started?”
Answer-"The order was mine and the command was of the S. P." Question No. 64-"Do you know in which direction the firing was opened?”
Answer-The firing was against two formations of the crowd, one towards the crossing and in front of the hospital gate and the other towards the gate and the road in front of the Medical College Hostel"
Question No. 65-"Do you know how many rounds were fired?”
Answer-'After firing was over I was told that 27 rounds had been fired in all. I must mention here that while firing was ordered it was stopped after hardly any round had been fired to see if it was sufficient to disperse the crowd but the crowd came again".
Question No. 66-To court: “Under whose orders was the firing stopped, yours or the S.P.s?”
Answer-"S.P.'s. A few rounds more were fired. This 2 includes all the rounds fired".
Question No. 67-To Mr. Rahman: “Prior to giving the order of firing, did you give any warning"
Answer-"Repeated warnings were given by me and other police officers to the crowd to disperse and to keep away from the Police or firing will be done".
Question No. 68-"Did you notice any casualties as a result of the firing?”
Answer-"I noticed only one at the comer of the University ground".
Question No. 69-"What happened to that?”
Answer-"It was being removed by members of the crowd and put in a van which was there or it came from somewhere-I do not exactly remember-after the firing was opened."
Question No. 70-"What did you do after the firing had been opened?”
Answer-"Cease fire had been ordered."
Question No. 71-"Did you remain on the spot or you went anywhere else?”
Answer-"We went to the Assembly buildings having been sent for."
Question No. 153-"Did you order firing for disobeying section 144 or for protection of police or for both?”
Answer-"I ordered firing to save the police force from being overwhelmed".
Question No. 154-"They sought your permission to fire for protecting themselves or for saving themselves from being overwhelmed?”
Answer- “I was myself seeing the position of the police".
Question No. 155-"Did they seek orders from you?”
Answer- “Yes".
Question No. 156-To court: “Who sought orders?”
Answer-"The S. P. told me that the situation was such that the police party was almost at the point of being overwhelmed. I found the position exactly so, and I was satisfied that firing has to be ordered."
36. Then the Deputy Inspector-General of Police (Witness No. 3) was questioned:
Question No. 20-"In this situation what was the action that was taken by the Police?”
Answer-'Finding the situation getting almost out of control a determined lathi charge was ordered at about 3 p.m.
Question No. 21-"What was the effect of the lathi charge?”
Answer-"The crowd fell back but reassembled again and showered brickbats".
Question No. 22-"In which particular directions or place was the mob concentrated at that point of time?”
Answer-The mob concentrated in the Medical College Hostel compound and in the University playground."
Question No. 23-"Have you any idea of the strength of the crowd?”
Answer-It must have been about 5 to 6 thousand."
Question No. 24-"Finding the lathi charge not having any effect, did you do anything else?”
Answer- “We were by this time completely surrounded and we took shelter behind the shops near the Medical College Hostel gate. The S. P. formed up his men andtook firing position. I warned the mob that unless they stopped hurting the policemen with bricks they will be fired upon."
Question No. 25-"Did that have any effect?”
Answer- “It had no effect. The crowd started advancing towards us throwing brickbats while advancing."
Question No. 26-"Then what did you do?”
Answer-'About this time the S. P. in consultation with me and the District Magistrate and after shouting the final warning ordered the opening of fire.
Question No. 27-"Under whose command or order the firing was done?”
Answer-The firing was done under the direct supervision of the Superintendent of Police."
Question No. 28-"And were you satisfied that the firing was justified?”
Answer-"! was satisfied that he was giving the correct order for firing."
Question No. 29-"Where were you then?”
Answer-"I was between the S. P. and D. M. and other officers"
Question No. 30-"In which direction did the firing take place?”
Answer-"In the direction of the Medical College Hostel and the University playground." Question No. 31-"Could you give my lord an idea of the exact position in which the firing party was formed upon the road?”
Answer-"It was formed up in front of the shops in two lines facing the opposite direction at an angle with the shops."
Question No. 32-" At that point of time did you consider the firing necessary?”
Answer-" Most essential. Otherwise the police party would have been overwhelmed".
37. Witness No. 4, the City D.S.P., who was manhandled by the crowd was questioned;
Question No. 30-"Do you know how much tear gas was used?”
Answer-Three or four times tear gas was used before the University compound and Medical College Hostel compound-several times tear gas was used."
Question No. 31-"What happend after that?”
Answer-The situation was grave and the agitators came from all directions and brickbats came like showers and we had no place to take shelter and many police officersn including constables were injured. The situation was so grave that the D.M. passed order to open fire".
Question No. 32-"Who ordered the firing?”
Answer-"D. M."
Question No. 33-"Was the firing opened?”
Answer-"Yes."
Question No. 34-"What was the time when firing was opened?”
Answer-"At about 3-30."
Question No. 35-"Where Were you when firing was opened?”
Answer “I was between the Medical College gate and the Medical College Hostel gate, just in front of the shops."
Question No. 36-"Not behind the shops?”
Answer- “In front of the shops on the road."
Question No. 37-"Do you know in which direction the firing was opened?”
Answer-In all directions the firing was opened-one towards the University playground and another towards the Medical College Hostel compound."
Question No. 38-"Did you notice any casualties as a result of the firing?”
Answer-"Actually I saw one man dropping down just in front of the University ground. I did not see any other casualty." Question No. 39-"Did the police try to ascertain what was the casualty after firing?”
Answer-"Yes, we tried but it was not possible for us to do so, to get into the compound."
Question No. 40-"Why do you say it was not possible for you?”
Answer-"Because still after the firing was opened the students were inside the Hostel compound and the Medical College compound. They were still there and throwing brickbats."
Question No. 130-"And this condition of the mob, as you say, you found at about 3, and from what time, from 2 or 1 or 1–30?”
Answer-"They were encircling us by that time and before that we used tear gas and lathi charged."
Question No. 131-"They were receding and again proceeding?”
Answer-"Yes".
Question No. 132-"Now when you first came you found them at what place? Were they getting nearer?”
Answer-"They were gradually coming nearer. They were sometimes running away when we used lathi charge and used tear gas and then again they came."
Question No. 133-"These people were on one side, as you said, 40 to 45 ft. away and on the other side 25 to 30 ft. away. Were they in that position before you came?”
Answer-"They were gradually coming towards us."
Question No. 134-"How long, ten minutes or 15 minutes?”
Answer-"They were gradually coming to this side; it was about 10 minutes."
Question No. 135-"When did they start throwing brickbats and coming nearer and nearer?”
Answer-"At about 3. Of course, it is not possible to say the exact time."
Question No. 136-"And the firing in your estimation was made at 3-30?” Answer-Between quarter past 3 and 3-30."
Question No. 137-"And the last determined lathi charge was made at what time, saw, before 3'2" J
Answer-"Before 3."
Question No. 138-"That was the last thing that was done, I mean the last lathi charge, and after that the firing. After the last determined lathi charge there was firing?” Answer-"Yes, there was firing."
38. The answers of Mr. Nuroddin Ahmed, S.D.O., Sadar South (Witness No. 5) are as follows:
Question No. 29-"At this point of time when you returned what was the situation like there?” Answer-"There I found a very large crowd assembled on the road in front of the Medical College gate and by the side of the University playground and also on the road that leads towards, probably, the Fuller Road."
Question No. 30-"What would be your estimate of the crowd at this point?”
Answer-Crowds from all sides would amount to 5,000 but bulk of the people were in front of the Medical College Hostel gate and the Medical College gate."
Question No. 31-"Did you notice as to what was the attitude of the crowd at this point of time?”
Answer-"They were very threatening and brickbats were showered incessantly from all directions, mostly from the direction of the Medical College Hostel gate and I also noticed that a large number of the policemen were injured. The S.P. himself was bleeding from his collar bone."
Question No. 32-"What, according to you, was the position of the police force at this point of time?”
Answer-"The Police was surrounded on all sides by the crowd and they were standing and looking awkward; they had arms in their hands but they could not take action. At the same time, they were being brickbatted and being injured. That being the position the D.I.G. asked the District Magistrate to give orders for opening fire. The District Magistrate who was present there ordered lathi charge."
Question No. 33-"Was the lathi charge made?”
Answer-"Yes, it was made."
Question No. 34-"Did that have any effect?”
Answer-Tt had its effect for two or three minutes; the crowd dispersed for the time being but again they converged from all directions towards the police and brickbats were being thrown incessantly towards the Police. The whole road was full of brickbats. I myself took shelter behind a shop."
Question No. 35-"After the lathi charge, was any other action taken by the Police?”
Answer-'After the lathi charge, when it was found that the police were going to be overwhelmed, repeated warnings were given. But as that produced no effect, the District Magistrate ordered opening of fire."
Question No. 36-"Was firing done?”
Answer “Yes".
Question No. 37-"Have you any idea as to how many rounds were fired?”
Answer-"Tt was counted a little later and found that 27 rounds were fired. Just after warnings and firing of few rounds it was stopped to see the reaction."
Question No. 38-"What was the reaction?”
Answer-"The first firing had no effect; the people came again and were throwing brickbats. Firing was done in two directions-one towards the Medical College Hostel and another towards the University playground corner." Question No. 39-"And did you notice when firing was stopped 7"
Answer-"Firing was stopped after the people had dispersed as a result of the second firing."
Question No. 40-"Did you notice any casualties as a result of the firing?”
Answer-" saw one man falling down in the University playground and inside the Medical College Hostel compound were some casualties. I could not say what was the number because I did not dare to go there for the students were very furious."
39. Mr. Md. Yusuf, Special Superintendent of Police, Intelligence Branch, (Witness No 8) stated:
Question No. 24-" While you were at the Medical College gate please tell my lord, what action was taken by the police party to disperse these people?”
Answer-"While I went there some policemen with lathis were brought to the place and they were collected in front of the University gate. Then a lathi charge was made, under orders of the D.M. I saw the students and other demonstrators who were there. They fell back a little in the compound of the Medical College Hostel. But they retaliated with heavy shower of brickbats and were charging the police party and literallythepolicecould not stand the attack. They fall back to the place where they werestanding.Thestudents rushed out all the time throwing brickbats on the police. Brickbats were coming from practically all sides and mostly from the direction of the University playground and the Hostel compound, and these students and demonstrators were closing on the place. The situation was awfully bad and the District magistrate decided to open fire. A number of policemen had been injured also and some of them had injuries on the head. I saw the D.I.G., S.P. and the D.M. getting brickbats and they were also hit with brickbats."
Question No. 25-"Was fire opened?”
Answer.-"Yes. Then fire was opened."
Question No. 26-"At about what time?”
Answer'-'Tt would be at about 3-15 or, 3-10".
Question No. 27—"In which direction was the fire opened?”
Answer-"Tt was opened in two directions—one party facing the University ground and the other the Hostel gate."
Question No. 28-"How far were you at that time?”
Answer-" was between the two flanks of the firing parties and behind the roadside shops in front of the Medical College Hostel compound."
Question No. 29-"And do you know how many rounds were fired on how far the firing was controlled?”
Answer-"Tn all about, I think, 20 or 25 rounds were fired. The firing was done by two parties as I said before. Only one round was fired on the 1st occasion by both the parties and there was an interval of a few minutes." Question No. 30-"Why".
Answer-"Because after this firing the demonstrators had fallen back a bit but after this firing they rushed out again towards the police throwing brickbats again, and then firing was ordered second time by S.P."
Question No. 31-"Did you notice any casualties as a result of the firing"?
Answer'-' could not actually see any casualty except one man whom I saw being carried on the arms of two or three followers who were in the compound of the Medical College Hostel. That was a little after the firing had ceased."
40. While Mr. Abdul Gofran who was then O. C., Lalbagh (witness No.9) stated:
Question No. 32-"Now what was the position at 3 O'clock or just a little before that?”
Answer-"The students began to brickbat the police in this way from inside the Medical College Hostel, Medical College and also from the University playground and all of us had to take shelter twice by the eastern side of the shops, on the western side of the Secretariat Road in order to save us and a number of us including the Range D.I.G. and S.P. were injured by brickbats."
Question No. 33-"Were you injured?”
Answer"-"No, perhaps I was the only man who was not injured."
Question No. 34-"At this time did the police do anything?”
Answer-"Yes, they used tear gas repeatedly and lathi charged to disperse them but there was no sign of retreat. Rather they became more vigorous with brickbats and were about to encircle the police party on duty there from the Medical College Hostel side and the University playground and the Medical College gate side."
Question No. 35-"And then what happened?”
Answer-"The situation was totally out of control when repeated warning were given and then a determined lathi charge was made to disperse them but all this failed and they showed no sign of retreat, rather they were advancing towards the police with brickbats. Ultimately finding no other alternative to save ourselves order for opening firing was given by the authorities and firing was done at about 3-30 p.m."
Question No. 36-"Do you know in which directions the firing was opened?
Answer-"Towards the Medical College Hostel gate and the University playgrounds side."
Question No. 37-"Where were you at that point of time?”
Answer-"I was in front of the shops at the junction."
Question No. 38-"How many times firing was done?”
Answer-"Twice."
Question No. 39-"Did you notice any casualties as a result of the firing?” Answer-"One man was seen dropping down near the University playground and he was then and there removed in an ambulance."
41. Lastly Mr. Mir Ashraful Huq, Inspector of Police (Witness No. 10) was questioned as to the situation:
Question No. 15-"Then what happened, and what did you do."
Answer-Brickbats still continued and at about 15:00 hours strong lathi charge was made, but to no effect. Instead of falling back they started brickbatting heavily."
Question No. 16-"And then?”
Answer-"By this time D.I.G., D.M., S.P., myself and other police officers were injured. Showers of brickbats still continued and police men were being injured."
Question No. 17-"Please tellus ifthe Police took further action if you know."
Answer-The Police and D. M. warned them repeatedly but without any result. After that S. P. ordered to open firing. It might be at about 15.20 hours."
Question No. 18-"Do you know in which direction the firing was done?”
Answer-"The first was done towards the University ground and the Medical College Hostel. And after a little while the rioters again attacked the Police party with double vigour."
Question No. 19-"What happened?”
Answer-"After two or three minutes again the rioters were fired at toward the Medical College Hostel."
Question No. 20-"Did that have any effect?”
Answer-There was a pause for some time, but after a little while was brickbatting continued".
Question No. 21-"After the firing where the brickbatting continued from?”
Answer-"From the Medical College Hostel and mainly concentrated near the Assembly corner."
Question No. 22-"Did you notice any casualty as a result of the firing?”
Answer-" saw one man dropping near the University ground."
Question No. 23-"What happened to him?” Answer-"He was taken by some rioters."
Question No. 24-"Where to?”
Answer-"In an ambulance."
Question No. 25-"Were any attempts made to ascertain what the casualties were as a result of the firing?”
Answer-"The situation was still hot and the students were excited and so nothing could be done at that time, for any attempt to ascertain casualties would have caused more casualties". Question No. 67-"And this state of things continued from the time you reached there till the firing was actually resorted to?”
Answer-'Since my arrival and in between the firings there were two lathi charges also."
Question No. 68-"Excepting these two lathi charges do you mean to say that there was no brickbatting?”
Answer-"There were brickbats all the time; and after the lathi charges it increased heavily."
Question No. 69-"And the District Magistrate, the D.I.G, S.P., D.S.P., all of them were exposed to the shower of brickbats?”
Answer-"Yes, Sir."
Question No. 70-"Where were you when the D.M. was actually giving the firing order, at what distance were you from the District Magistrate?”.
Answer-"That I did not hear. I did not hear the D.M. giving the order of firing."
Question No. 71-"When the actual firing was resorted to where were you?”
Answer-"I was outside, in front of the shops on the road."
Question No. 82-"The firing continued for what length of time?”
Answer-"The first firing for a minute or two or so and after that there was a pause for two or three minutes and it might not be more than two minutes."
42. The responsibility for the firing rests of course on the shoulders of three officials, viz., the District Magistrate, the Deputy Inspector-General of Police and the Superintendent of Police. It was suggested in criticism that the constables who actually fired were not examined as witnesses in the course of the enquiry. Had the police case been that the constables fired on the mob in self-defence without any order, then it would have been necessary to examine all the constables who opened fire in order to see from their own statements whether their action was justified in the exercise of their right of private defence. This question, however, does not arise because the constables admittedly fired under orders and the only point for decision is whether the persons who gave the order were justified in doing so by the circumstances obtaining at that particular t1me.
43. Witness No. 28 is an important witness (he is Mr. Md. Kamal, M.A.) inasmuch as he is the only independent witness to the firing on the police side who arrived on the scene immediately before the police opened fire. This witness stated that he had been to the High Court on the afternoon of the 21st February and left the High Court at 2-30 p.m. on his way to the Assembly House to see one Maulvi Najibullah. He went on foot proceeding along the Fuller Road. On the Fuller Road he ran into a mob on the northwest side of the University field near the pumping station. A mob was gathering round the University playing field and it consisted, in his opinion, of 1,000 people who were shouting slogans and throwing brickbats on the police. The police was throwing tear gas on them and the tear gas was effective for a short while and drove the crowd back. The crowd recovered and once more came to attack the police. Witness stated that he remained at that particular place on the Fuller Road because when he saw the mob he thought it was quite impossible for him to get through. He actually heard the police open (ire and saw one-person shot through the head near the pumping station. On seeing this witness took to his heels and ran away along the Nazimuddin Road. This witness is one of the two non-official witnesses who speak to the actual firing. He said that he was behind the crowd 100 yards from the pumping station but it appears that this is not an accurate estimate and he probably meant that he was 100 ft. away from the station. But he was actually prevented from proceeding towards his destination, the Assembly, and as he said in answer to Question Nos. 74 and 75 he was afraid to pass by that way because he thought he risked his life if he did so. He added that he might be injured either by the police or by the mob; and it is his evidence that one person was shot through the head by the side of the pumping station on the road when the police opened fire Mr. Hamoodur Rahman relies on his statement as supporting the police witnesses estimate of the gravity of the situation at 3-00 p.m. at the Medical College gate. As an independent gentleman with no obligations to the police his word is valuable as supporting their assessment of the then position.
44. The statements of the witnesses who came forward to condemn the police firing did not carry conviction. Many of them had no material contribution to make to the objects of the enquiry, and it was only to clear that the student elements were concerned to disclaim all knowledge of inconvenient facts and circumstances. Mr. Hamoodur Rahman points out that in the statements which they made in the enquiry they studiously avoided all mention of the events on the road outside the University and the Medical College gates and following the same pattern they spoke of events within the fencing - which was to them an area forbidden to the police-and they one and all knowledge of the microphone which was set up in the compound after the police firing was over-the microphone through which fiery speeches were broadcast over that particular area. Mr Ghani suggests that the students were “stampeded" and thought it was better in their own interest to disclaim all knowledge of anything that happened outside the compound and to confine to their statements to what had happened inside the gates. In answer to this explanation Mr. Hamoodur Rahman points out it inevitably follows that the statements cannot be relied upon and that if the students avoid mentioning any events in the streets and try to deny their presence as participants in the meeting on that day the statements which they do make should not be accepted as carrying any weight against the police. A witness who economises truth when it suits his personal ends stands discredited.
45. Of all the statements that the general public made the most important one is that of Dewan Harun Md. Maniruddin (witness No. 64), the only witness who claims actually to have witnessed the firing. This witness stated that he was a student of the Jagannath College, Dacca, and admitted that he submitted two representations in response to the President's invitation. In his first statement he began by saying that he was a student of the Jagannath College, Dacca, who went to the University premises on the call of the All Party State Language Committee to raise a demand for Bengali as a State language at about 10-30 a.m. and the main aim of the assembled students was to let the M.L.A.'s and M.C.A.'s know their demand. So he himself in one statement admitted that he had gone to the University premises at the call of the All Party State Language Committee. Subscribed to his second statement appear the following words: -"Dewan Harun Md. Maniruddin, 23-3-52-a student of the Jagannath College, Dacca who was present at the time of firing and who took part in the State Language movement of the students." When he appeared before the enquiry he changed his tune and stated that he had actually gone on that morning, not to the University but to the Outdoor Department of the Medical College Hospital for treatment, and he disclaimed the position which he had assumed for himself in his written statement as one who took part in the State Language movement of the students. As to the witnesses he named, he admitted that he never consulted them to see if they knew anything about the firing-he put their names as he thought they would be “good witnesses." In this spirit he put down the names of Mr. Fazlul Huq and Mr. Shamsuddin and he named Matiul Islam (Witness 56) who was in Chandpur and Noor Mohammed (Witness 57) who was in Noakhali on the date of the firing. In course of his evidence this witness stated that he actually saw the Police entered the Medical College Hostel premises take up their position alongside the path running through the Hostel and from there fire at the people in the compound as a result of which one man fell on one of the Hostel verandahs, and 7 or 8 other persons were injured-
Question No. 52-"Then what happened?”
Answer-"Then after half-an-hour or a bit more I saw a few Police going inside the hostel and taking their position by the path which runs through the hostel".
Question No. 53-"Then what did they do?”
Answer- They fired at the people."
Question No. 54-"What were the people doing at that time?”
Answer- They were standing on the premises of the hostel and also on the College premises."
Question No. 55 “Where were you standing then?”
Answer- “I was standing in the Medical College compound."
Question No. 56-"How many times did the Police fire?”
Answer- “I did not count it"
Question No. 57-"Did the Police hit anybody with the firing?”
Answer- “I did not see, when they fired, who was wounded, but after that I saw a man falling down on a verandah."
Question No. 58-"Was he dead?”
Answer- “Yes, Sir."
Question No. 59-'."you saw one man shot dead, did you see anybody being shot at?”
Answer-"Afterwards I saw."
Question No. 60-"Did you see anybody else being hit?”
Answer- “I saw 7 or 8 people." Question No. 61-"Killed'
Answer-"Not killed, but injured. I saw them when they were being carried by people to the hospital"
Question No. 62-"Did you go inside the hospital?”
Answer-"No, Sir."
Question No. 63-"You saw 7 or 8 people being carried to the hospital, after that what did you do?”
Answer-Then I went to Dewanji Bazar Road through the torn wall at the back of the E.N.T. Department and crossing the University premises."
Question No. 64-"Where did you go to?”
Answer-"From Dewanji Bazar Road and Nazimuddin Road I went to Aga Mashi Lane and then I went straight to my house."
I am not prepared to accept the statement of so irresponsible a witness as being a statement of truth. It was never suggested in cross-enquiry he changed his tune and stated that he had actually gone on examination of any of the police witnesses that any Police constable actually trespassed into the Medical College Hostel compound and from inside the compound opened fire on the students and others assembled there. What was suggested was that one of the constables advanced up to the “Master Cabin" the double storied shop at the corner of the Medical College Hostel gate and from there fired into the compound. This suggestion was denied by the Police officers who claimed that the firing party never broke the square and fired from the position, which they took up under the orders of the Superintendent of Police (Vide witness No.1 Q. 281 to 284).
Question No. 281-"I put it to you that your constables were taking cover under the two storied hostel on the right hand side of the road and they were coming up and shooting and then going away?”
Answer-"My men never moved from their position."
Question No. 282-"It is suggested to you that they moved and took cover under the two-storied hotel?”
Answer- “I brought them to the position as shown by me and after that they did not move an inch"
Question No. 283-"And they fired from that position one by one?”
Answer- “No my lord, they did not go one by one and fire."
Question No. 284-"Your men fired within the Hostel compound?”
Answer- “Bullets might go inside the Hostel compound which is only about a few hundred yards."
The bullet marks which are to be found on Hostel No. 12 and Hostel No. 20-two hostels built “en echelon"-two in the east-end wall of Hostel No. 12 and one in the eastend wall of Hostel No. 20 and a glancing shot on the north wall of Shed No. 12, in my opinion clearly indicate that the line of firing was that as stated by the Superintendent of Police and that the Police did not leave their appointed positions at the time of firing and certainly did not enter into the Medical College hostel compound for that purpose.
46. Mr. Ghani has suggested that the mere fact that shots actually landed inside the compound of the Medical College Hostel itself disproves the Police case that they merely fired along the road on one side and in the direction of the University playground on the other. It cannot be denied that shots did land in the Medical College Hostel compound but it does not appear to me from the statements that have been made in this case from my personal inspection of the hostels that the Police deliberately entered the Hostel com-pound and fired from the path. It is possible that a portion of that compound came within the range of fire as the Police, from the position which they took up in front of the Medical College gate, fired along the direction of the road.
47. Once more with regard to the firing it is claimed that the Magistrate under whose direction the actual order was given (P.W.2-Mr. Quraishi) is a new Magistrate of limited experience who had only assumed charge as District Magistrate the day before and who was immediately under the necessity of promulgating orders under section 144 of the Code of Criminal Procedure. It is true that the District Magistrate has so far had very little experience as a Magistrate but nothing has transpired in the enquiry before me to show that he lost his head in the emergency with which he was confronted or that he allowed himself to be prevailed upon by the D.I.G, and the S.P. to give them permission to open fire. It was suggested to the S.P. that he opened fire because he was exasperated at the continuous brickbatting and because the Police force had been stoned by the students and others. He denied that this was the case and Stated that he fired because neither of the two alternatives, which presented themselves to him was feasible. He had used a large quantity of tear gas on the crowd facing him with no effect. His last determined lathi charge had proved a failure. He could either run away with his force or leave the field in possession of the persons whose declared object was to violate the orders under section 144 of the Code or could be stand still and allow his force to be overwhelmed. As a Police officer he could accept neither alternative. That the position was serious is shown by the fact that not only were the District Magistrate, the D.I.G, the S.P., the D.S.P. injured by brickbats but 24 out of the total Police force of 60 had, by 3.20 p.m.. become casualties. In these circumstances if the Superintendent of Police gave the order to open fire in order to prevent his force from being overwhelmed by the crowd I do not think that it can, on the almost uncontested Statements which have been made before me in this quasi ex-parte enquiry, be held that he was not justified in opening fire.
48. I have now to see whether the firing was excessive or not. It has already been pointed out that at first the Police stationed on both flanks of the firing squad fired one round. One man fell dead on the University playground side and the rush on that side was promptly stopped. The rush on the other side, the Medical College Hostel side, was temporarily stopped, but the advance began again and brickbats were thrown at the Police and so firing was opened for the second time on that flank. I have satisfied myself from the relevant entries in the registers that 27 rounds were fired in all and that as a result of those 27 rounds 9 casualties were caused which have resulted in four deaths. Remembering that when the Police open fire they do so with the deliberate intention of killing I cannot hold from the number of casualties shown taking in conjunction with the number of rounds fired that there was any use of excessive force. The firing was controlled and was effective.
49. I have also satisfied myself from the registers of Medical College Hospitals that the casualties caused by the Police firing are as stated in the enquiry before me. It is true that the registers show that a large number of persons was affected by tear gas and also injured by lathis or by falling on the ground but that is not unexpected in view of the fact that the Police expended a large quantity of gas grenades and shells and made two determined lathi charges.
50. I cannot part with this enquiry without recording the astonishment with which I learned that the East Bengal Police Force is not equipped with steel helmets and has only a few ancient A.R.P. helmets to draw on. It seems incredible that a force required maintaining law and order should have to take up “action stations" wearing cloth caps and stand its ground under showers of brickbats, stones and similar weapons, and Dacca, in its present state of constructional activity, presents potential law-breakers with a veritable arsenal of ammunition. Had the Police force under Mr. Idris been properly equipped, it is more than probable there would never have been any occasion for this enquiry.
51. In conclusion I must find, on a consideration of the statements made in this enquiry, that-
(i) the firing by the police was necessary;
(ii) the force used by the police was justified in the circumstances of the case.
52. It is unfortunate that certain Associations and Organizations decided to boycott the enquiry as they disapproved of its limitations. Had they taken part in the proceedings, the official witnesses would undoubtedly have been subjected to a more knowledgeable and therefore more effective cross-examination while the presentation of the case against the Police would have been more effective because better informed. I have, however, gratefully to acknowledge the assistance of Mr. Hamoodur Rahman and his scrupulous fairness in presenting the case of his clients, and the help afforded by Mr. Abdul Ghani in the face of great difficulties and serious handicaps. I must also place on record my appreciation of the sterling work of Mr. A.R. Osmani, B.L., Assistant Registrar, High Court, Dacca, who acted as my Secretary in the Enquiry; and of the ungrudging hard work of Mr. Mohabbat Ali, Senior Reporter of the East Bengal Legislative Assembly, who in addition to putting in long hours transcribing the statements of the witnesses along with his colleagues, (Messrs Md. Lutfur Rahman, Syed Bazlur Rahman. Abdus Samad, Abdul Mohaimen and Osman Ali) was solely responsible for typing this report, and of Mr. Din Mohammed of the Secretariat staff who assisted Mr. R.A. Osmany in the Secretarial work of the Enquiry.
- ↑ জাস্টিস ইলিস ১৯৫৪ সালের ২৫ শে অক্টোবর থেকে ২২শে ডিসেম্বর পর্যন্ত পূর্ব পাকিস্তানের গভর্নর ছিলেন। জাতিতে তিনি ছিলেন ইংরেজ।