You can read: ‘The Pakistan Coup detat of 1958: Part 1 on by clicking the link: http://pakpotpourri2.wordpress.com/2014/05/04/the-pakistan-coup-detat-of-1958-part-i/
You can read: ‘The Pakistan Coup detat of 1958: Part 11 on by clicking the link: http://pakpotpourri2.wordpress.com/2014/05/08/the-pakistan-coup-detat-of-1958-part-ii/
Before proceeding further we must analyses the mess our founding fathers had created and how the Gang manipulated and delayed the Constitution making-and later abrogated it-when and where it suited them. The Independence Act of 1947- Had clearly laid down a quasi-federal parliamentary system-Section 8 laid down for the both the new states a ruling, that until the constitution was farmed, the interim arrangements for the country would be as laid down in GOI Act of 1935,and the this Act’ was based on the Report of Simon Commission ,published in two volumes in May 1930.Which had been vehemently resisted by Public at large since its inception in 1928,The Act of 1935 had 321 sections with 10 schedules and was custom made for the British Indian Empire’s shenanigans, lastly it was the longest ever legislation passed by the British Parliament. But Remember it was made for the never ending rule of the Empire-Second World war had yet to come. These were the carrots put before the public from time to time to defuse a alarming situation, when it reached a peak.
Now we must study briefly about the Constituent Assembly which was first convened on 11 Aug 1947-The members of this August Assembly were those who had been elected in the General Elections of British Indian Empire in 1945/46.After the end of 2nd world war in Asia on 02 September 1945 and final surrender of Japanese forces in Burma on 13 September 1945-On the 19th September 1945-The then Viceroy-Lord Wavell of the British Indian Empire announced that the General Elections, would be held between December 1945 and January 1946-and would cover both the seats for the Central and Provincial legislatures-the end result was that, the Muslim League could form its ministries only in Bengal and Sind Provinces-Punjab was with a coalition, of Congress, unionist and Sikh Alkalis’ NWFP and was with Congress till Aug 1947-It were these elected members-who had opted to stay back after 14 Aug 1947 in both the wings who became the members of our future constitution making mechanism-Having Constituted this Constituent Assembly, everybody got busy in the newly created state of Pakistan, enjoying the perks and so were these members who were entrusted and they willfully delayed the Constitution making till this Constituent Assembly was dissolved on 24 Oct 1954-each group had its own vested interests in the delay.
It was not until 23rd March 1956 that a new constitution could be introduced. The priority of making a constitution it seems was never a priority. Our Anglophile ruled supreme and preferred living under their Queen.
The constitution of India was adopted on 26 November 1949-which made it in a sovereign state, however it came in effect on 26 Jan 1950-[the date 26 January- was adopted by the Ruling Indian Congress party, because on 26 Jan 1930-the congress had made the declaration of Indian Independence].After this date India ceased to be a Dominion of the British Crown.
Whereas the best that could be done by our Constituent Assembly members tasked with making our Constitution-was to pass the Objective resolution on 07 March 1949,which was supposed to set the frame work for the future constitution. Shortly thereafter on 12 March 1949,the Assembly appointed a Basic Principles Committee [BPC]-which further made three more Sub-Committee’s each heading the following three  The Federal Constitution and distribution of power  Franchise  The role of Judiciary. It was only on 07 September 1950, that the BPC presented its interim report that too was the work of the First Sub-Committee, which submitted its recommendations on a proposed Federal structure. Addressing a rally in Lahore on October 14, 1950, Maulana Maududi demanded its dissolution, arguing that the ‘Lamp-post legislators’ were incapable of drawing up an Islamic constitution.
The political canvas of Pakistan in the post 1947 era was overshadowed by feudal’ fattened by the departure of the Hindu and Sikh money lenders who had them in their vice grip-and likewise, after the departure of the Hindu and Sikh larger landowners, these former Crown lackeys had put their claws in their properties as well Liaqat Ali Khan instead of addressing the issue as had the Indians done-by doing away with their 545 States and such like lot-joined the Mafia, for his own survival & after the death of Mr. Jinnah things worsen. The result of his weakness proved disastrous for the country-As he failed to give a constitution to the country. However, Liaqat Ali Khan as was seen manipulated the same constituent Assembly where it suited him-and served his ends-as was seen in the case of officers involved in the Coup of 1951-A Bill to try these Army Officers was introduced in the Constituent Assembly on 13 April 1951-termed as ‘The Rawalpindi Conspiracy- Special Tribunal Bill’. On the morning of 16 April it was passed-but not before a heated discussion on it-by the opposition members. According to the opposition, all from the Bengali leaders- led by Mr. Dhirendranath Datta, that, ”it abrogated the rights of the accused, which was contrary to the normal laws’- the Bill was a mockery to justice, on a point of order Dhirendranath, further stated, being a lawyer himself, that, ‘This bill was out to amend provisions of Code of Criminal Law procedures, the Evidence Act and the Army Act, therefore, it came under the competence of the Federal Legislature and certainly Not under the propriety of the Constituent Assembly-as had been had wrongly done so, with mala fide intentions. Dhirendranath further argued that, ‘under the Constituent assembly of Pakistan procedure rules, a bill could be introduced in the Constituent assembly for purpose of making the constitution or amending the Independence Act or amending the Government of India Act 1935,which was adapted in Pakistan, as an interim constitutional framework of the country.
The crux of all these shenanigans by Liaqat Ali Khan which resulted in bulldozing the fundamental rights was the First of its kind-and totally at variance with the prevailing liberal laws current in the country till this Act was enforced.
This Act abrogated the rights of the accused, it relaxed the standards of prosecution evidence and laid stringent trial procedures to suit the prosecution side alone.
All this was done at the expense of sound principles of criminal administration and the so-called Democratic Government of Liaqat Ali Khan in our formative period of independence-the end result was that it set the First Tradition of bad governance and a total disregard for the human fundamental rights.
And so it became the foundation of each successive regime Military or Civil to twist and turn laws to make more repressive laws, rules and practices so started a chain of perverting policies in our politics-which resulted in perverting the course of justice.
The constitutional vacuum left by Liaqat Ali Khan strengthened the hold of feudalism and bureaucracy on the country-Both groups were Fascists in their outlook and paid only lip service to the central state-After the death of Liaqat Ali khan-in his shoes stepped Ghulam Mohammad and his buddy Iskandar Mirza both were bureaucrats turned politicians and hovering in the background in his sly manner remained Ayub Khan,-Sadly the Bengali Group led by Kh.Nazimuddin who technically represented the Majority was outmaneuvered by these three clever manipulators, each one bidding his own time to strike Khawaja Nazimuddin though a good man was made a scape goat-by a conspiracy hatched between the trio-as the day Liaqat Ali Khan had died Ghulam Mohammad was in Rawalpindi-and Khawaja Nazimuddin was in Nathiagali -and instead that the successor of Liaqat Ali Khan be chosen by the party in power, Ghulam Mohammad the finance minister became the Governor-General and the Governor General was demoted and became the Prime Minister-all this was done by an announcement, that the cabinet had so decided. Kh. Nazimuddin suffered as he had not bothered to establish his networking in the bureaucracy nor in the Army-and had neither any influence over industry and trade of the country, which from the inception of Pakistan had been ‘monopolized’ by ‘Khojas’ & ‘memos’ from Maharashtra and Gujrat, who were mostly resident in Karachi and Decca followed by the Delhi Saudagara’an Mafia and the balance were the hide & skin merchants of Bengal, Madras and Bombay presidencies who all had timely flocked in to do the pickings- They all had their mentors in both the wings-so Kh. Nazimuddin was left high and dry.
Meanwhile serious political unrest had been brewing up due to chronic food shortage, which were the result of the economic policies of Ghulam Mohammad who was serving many masters-All these setbacks were now attributed to Kh.Nazimuddin-and he was openly being called as the ‘Quaid e Qillat’ [Leader of scarcity].meanwhile Ayub Khan, Iskandar Mirza and Ghulam Mohammad played their games-The start of 1953 saw widespread disturbances in the country-resulting in the imposition of Martial Law-a situation which could have been handled as was seen in Karachi-on 21st January 1953,when a deputation of Ulema authorized by ‘Majlis-i-Amal ‘constituted by All Pakistan Muslim Parties Convention held in Karachi from 16th to 18th January 1953,delivered its ultimatum to Kh. Nazimuddin to declare the Qadiani as a non-Muslim minority and inclusive of Ch. Zafrullah who was the Foreign Minister and as well all those in Civil & Military Services of the same creed be removed from the offices within one month. Otherwise they would resort to direct action. However in a meeting held on 27 Feb 1953 it was decided to reject the ultimatum and to arrest the prominent members of the Majlis- i- Amal in Karachi and from various parts in the Punjab.
Iskandar Mirza being the Secretary Defense was the leader- and Ayub Khan seeing the situation ideal- both pressurized Kh. Nazimuddin that Martial Law be imposed in Lahore-taking his consent Iskandar Mirza ordered the Deputy Chief of General Staff, General Musa Khan to dispatch the Sialkot Division to Lahore to reinforce General Azam Khan, military occupation of Lahore took place on 6th March 1953,Governor General Ghulam Mohammad replaced Mumtaz Daultana as the chief Minister and Malik Feroze khan Noon took over, subsequently, he asked Kh.Nazimudin to resign which he refused on 17 April 1953.And so Ghulam Mohammad used the Section 10 of Government of India Act of 1935,by announcing ,that, he was pleased to dismiss his Prime Minister Kh.Nazimuddin appealed to the Queen of England as the constitutional Sovereign of Pakistan-and his plea fell on deaf ears.
Kh. Nazimuddin was treated thereafter very shabbily, and on the Advice of Ch. Zaffarullah the F.M. Mohammad Ali Bogra who was the Ambassador in Washington and a Bengali was recalled and installed as the Prime Minster. on this installation H. M. Abbasi one of the most outstanding journalist of his time writes-in his book -which is a collection of his articles,’Over a Cup of Tea’ page-264,’…..Ghulam Mohammad after sending away Kh. Nazimuddin got his stooge Mohammad Ali Bogra in his place. When he tried to show a little independence, Iskandar Mirza and Ayub Khan received him at the Airport, and took him to the Governor-General House treated him roughly long enough to make him promise to do everything they ordered”.
It should be pertinent for the readers to know of the sincere efforts of the brother of Ayub Khan-Sardar Bahadar Khan in building the career of Ayub Khan-Iskandar Mirza remained throughout his civil service career in NWFP and was D.C. of Hazara and Peshawar District’s ,and Sardar Bahadar after getting his L.L.B degree from Aligarh ,joined the Muslim League-and was elected in a by-election in 1939 from Haripur and in 1942 he was the speaker of NWFP Assembly and was re-elected in the 1945/46 General elections, The Indian National Congress under Dr. Khan Sahib won the 1946 elections despite a strong showing by the Muslim League The first session of parliament was summoned on 12 March 1946 under the Chairmanship of Sardar Bahadur Khan while Nawabzada Allah Nawaz Khan was elected as Speaker and Lala Girdheri Lal as Deputy Speaker on 13 March 1946..After 14 Aug 1947 He had joined the Govt. of Liaqat Ali Khan as the Minister of State for Foreign Affairs, Commonwealth Relations and Communications in 1949 he was promoted to be a Cabinet Minister. And later, He served as Minister for Communications in the cabinets of multiple Prime Ministers: After demise of Liaqat Ali Khan he joined the Govt. of Kh. Nazimuddin, and as well the Govt of Mohammad Ali Bogra as a Cabinet Minister throughout their tenures- he was the Agent to Governor General of Balluchistan from 08 November 1954 to 19 July 1955.and later was made the Chief Minister of NWFP a office he held till 14 Oct 1955,when it was merged in one unit. After the 1962 Elections he became the leader of opposition in the National Assembly-Thus Ayub Khan had his own kitchen opposition-Therefore one should understand who the actual mentor of Ayub Khan was. About his active role in politics, the glimpse can be seen of his manipulation, the readers are advised to read, ‘Mohammad Ayub Khuhro’ published by Ferozesons in 1998.
[To be continued...]