During
the 1965 war, there was quite a difference between fact and fiction
as the legal notice from Col SG Mehdi's lawyer to Gen Musa shows.
"A Matter
of Honour"
24 June 1986
To:
General (Retd) Mohammad Musa
Governor House,
Quetta.
Dear Sir,
Under instructions on behalf of my client Col. (Retd) Syed Ghaffar Mehdi
MC I have to address you as under. This notice is being addressed to you
not in your official capacity but as the author of the book 'My Version'
in your capacity as a private civilian.
That in your book 'My Version' 1983 edition on pages 65 and 66 you have
made in clear and unambiguous terms harmful and damaging accusations and
imputations against my above named client. My client at that time was
serving as the Colonel Staff of the 15 Division of the Pak Army. In your
narration of the events at the relevant time you assailed the conduct
of my client without verifying the facts. In the second para of the preface
of your above mentioned book you have yourself alluded towards the doubtful
authenticity of events and the haziness of your memory. The relevant portion
is reproduced as under:
"The book is strictly my personal account of the 1965 War compiled
from memory and my private notes and no help has been taken from official
documents in writing it. But where my recollection was hazy, I have freely
sought assistance from my retired colleagues and staff officers of that
period."
The details of the damaging imputations against my client
vis-a-vis the correct position have already been communicated to you in
the letter dated the 10th April, 1986 addressed to you by my client which
is self-explanatory and comprehensive. The copies of the above mentioned
delivered to you on the 13th April 1986 were also forwarded by my client
to the Defence Minister of Pakistan, the C.O.A.S. Army, the V.C.O.A.S.
Army, the Military Secretary GHQ, Lt. Generals (Retd.) Attiqur-Rahman,
Sahibzada Yaqub Khan and Brig. Khalil Ahmad Khan. But you have not responded
to the above letter. Your remarks about the conduct of my client in the
1965 war with India tend to lower in the estimation of others the moral
and intellectual character of my client and damages his credit in such
a manner that his personality appears in the eyes of the public as disgraceful.
In view of the above, you are therefore asked to make necessary amendments
in your book 'My Version' in such a manner that the harmful imputations
against my client are removed. You are also asked to desist from making
similar imputations against my client in any of your future publications
including the translations of your work already published.
If this is not done within one month of the receipt of this notice my
client shall be constrained to seek redress through the legal process
in the appropriate court of law.
Yours faithfully,
SYED FEROZ SHAH
Advocate
Subject: A MATTER OF HONOUR
From:
P.A. 941
Colonel S.G. Mehdi,
C/o Sind Club,
Karachi-4.
My dear General Mohammad Musa,
I have read and re-read your 'My Version' 1983 edition. In the chapter
- 4 of your book on pages 65 and 66, certain incorrect remarks have been
made by you about my role as the Colonel Staff of the 15 Division. This
Division was deployed in the Sialkot area during the 1965 war. Referring
to the eventful day of the 7th September, 1965 you have given a categorical
statement accusing me of certain acts and mistakes of commission and omission
on my part. The relevant portion of your remarks in your book on page
65 para 3 reads as under:-
"During this period the headquarters of this division appeared
to be in a state of delirium. Its Colonel Staff was sending messages to
GHQ and its lower formations that enemy commandos had infiltrated and
were operating behind Sialkot town, without first verifying any report
of information he might have received in this connection to ascertain
the true facts, and was thus spreading panic. It regained sanity only
after the Acting Divisional Commander and the Colonel Staff were relieved
of their jobs and Major General Tikka Khan took over command of the Division."
Though my name has not been mentioned in the above remarks yet the unmistakable
accusation towards me as the Colonel Staff causes aspersion on me in absolutely
certain terms. This is inaccurate, unjust and unwarranted as the facts
are contrary to what you have stated. I, therefore, want to put the record
straight.
2. "I was flown into Sialkot on 31st August, 1965
from CHERAT under a fast gathering war storm which was clearly visible
to a "professional eye". Throughout the month of August, I had
made repeated requests to the Vice Chief General Staff through my GSO
2 Operations at Inf-8-Maj. Nishat (now Major General) for the cancellation
of privilege leave of SSG in particular - as through my mind's eyes I
could see the war clouds about to burst on our borders. I was not listened
to just as my assessment of Operations GIBRALTAR as another 'Bay of Pigs'
was not appreciated.
3. I have given this brief background because my actions
on assuming the appointment as Colonel Staff at SIALKOT directly stem
from my analysis of the situation. I could see clearly an impending Indian
offensive by the end of the first week of September 1965. It was this
conviction which led me to recommend to the GOC (Brig ISMAEL) to move
15 Division to its battle location. This was done a clear 48 hours before
the Indian attack. The presence of 115 Brigade, with its complete armoured
regiment. saved JASSAR bridge and NAROWAL from falling into enemy hands
with all its frightening possibilities....On 6 Sept '65, 15 Division was
mentally and professionally ready to meet the challenge of aggression".
As regards the alleged rumours about the presence of the Indian commandos
behind the 15 Division F.D.Ls. (Forward defended localities), I not only
did not believe in them, I actively sought to dispel their effects in
as much as I as the Colonel Staff ordered 15 Division OC F.I.U. (Field
Intelligence Unit) to thoroughly investigate and report about these rumours.
As a result of this investigation it was established that there was no
evidence of any enemy commandos whatsoever operating behind the 15 Division.
Consequently, through a signal GHQ was asked to relegate the powers of
Field General Court Martial to the GOC for establishing such courts to
award deterrent punishments with a view to put an end to the spread of
panic. In support of my contentions I reproduce below, the contents of
the letter since published in the National Press (a. Daily News, Karachi
26 May, 1984, b. Defence Journal, Karachi April, 1984 and c. Jang, Karachi
10-11 July, 1984) of Brigadier Khalil Ahmad, Acting Adjutant General,
who had visited HQ 15 Division, Sialkot during the hostilities:-
25/4 B Zafar Road
Lahore Cantt.
2-2-1984
Brig (Retd) Khalil Ahmed
My dear Colonel Mehdi,
Thanks for your letter of 1 Feb. 1984. I still vividly remember the briefing
given by you on or about 15 September '65 when I visited 15 Division HQ
as Acting Adjutant General to find out problems concerning A.G's Branch.
GOC 15 Division (Major General Tikka Khan), new Colonel Staff (Ibrahim
Akram), who probably arrived the same day and A/Q were present.
The important and thought-provoking point in your briefing was the false
alarm of the enemy commandos operating in the rear of 15 Divisional area.
The troops got jittery and trigger-happy resulting in the loss of lives
of about 20 personnel including one or two officers. In fact there were
no commandos in the area at all. Your recommendation was that GHQ should
relegate the powers of Field General Court Martial to the GOC for establishing
such courts and awarding deterrent punishment to the offenders promptly
so that such undisciplined action on the part of our own troops for shooting
at each other was stopped for the good of the army. I was also told at
the briefing that a thorough enquiry had already been carried out by the
Field Security Officer, and consequently signals to GHQ (P.S. and M.I.
Directorates) had already been sent. Consequently, I asked for the report,
which along with copies of signals were handed over to me. I assured that
needful action would be taken after orders of the C-in-C.
Early next morning before I could process this report, GOC 15 Division
(Tikka Khan) personally spoke to me on phone to return that report for
certain details/amendments, which I returned forthwith. About a couple
of days later, ceasefire was announced. I did not receive that report.
The loss of lives could not have been accounted except showing them as
"killed in action".
From the above it was evident that the discipline of the troops was not
good and no prompt deterrent action was taken against them except quite
rightly suggested in the beginning for trying them under Field General
Courts Martial.
Why the paper was withdrawn by the GOC is not understood. Such lapse on
the part of troops if not corrected speedily and firmly will help the
enemy and will harm the discipline of the Army. Also if such indiscipline
acts are not dealt with firmly and ruthlessly and rather camouflaged for
short term or personal motives, troops will lose confidence in the honesty,
truthfulness and character of commanders. May Pakistan Army overcome such
weakness, where present, in their battle-worthiness and no officer whose
hallmark of character is truthfulness and nothing but truthfulness should
ever be guilty in hesitating in not boldly pointing out such weakness
and lapses where noticed.
With regards.
Yours sincerely
Sd/-
Khalil Ahmad
5. To counter any argument that I am
bringing forward certain facts of 1965 war, after an interval of 20 years,
I now produce testimony of a senior distinguished General of Pakistan
Army dating back to January, 1966. This testimony also stands published
in the Defence Journal Karachi, issue of April, 1984, besides Daily News,
26 May, 1984:-
"Lieut General M. Attiqur Rahman, MC provides additional incontrovertible
evidence confirming Brigadier Khalil Ahmed's testimony. General Attique
was G.O.C. 12 Division in December 1965-January 1966. I was his Colonel
Staff. During this period I had submitted a formal representation to C-in-C.
Here is Gen. Attiqur Rahman's version, of which, at this stage, I am releasing
a small extract only:
My dear Mehdi,
... You stated that some correspondence from you to GHQ about your representation
regarding your removal from Colonel Staff was seen and passed through
me as your GOC in 12 Division. I had seen this correspondence and the
attending documents which if I remember correctly included a signal to
GHQ about there being no enemy Commandos in the rear of 15 Division. I
also remember General Tikka's initial on it....
Sd/-
M. Attiqur Rahman
3 Sept., 1983.
6. Besides the above testimony of Brig
Khalil and Lieut General Attiqur Rahman the then G.O.C. of 15 Division,
Major General Tikka Khan had never and nowhere stated, verbally or in
writing, anything contrary to the facts enumerated above. General Tikka
Khan, as a matter of fact, had differed with me, his Colonel Staff, to
the effect that the signal to the G.H.Q. should not have been sent, because:-
"a signal of the nature sent by me to the GHQ would indicate that
there was something wrong in the rear of 15 Division."10
There may well be as indeed there is, differences of perception over the
despatch of the said signal between General Tikka Khan and its sender;
but General Tikka Khan did not give it the twist that you did, and I do
vehemently protest to the unfortunate conclusion arrived at by you.
7. Your contention on page 66 of your book regarding
my having been relieved of my job along with the Acting Division Commander
is also contrary to the facts. While the Acting Division Commander was
certainly relieved of his duties on the 7th September, 1965. I continued
to serve as the Colonel Staff of the Division, upto the 19th September,
1965.
This can be easily verified by you, as the former C-in-C of Pak Army,
from the Military Secretary's branch of GHQ. However, I am enclosing herewith
as Annexure 'A' a copy of the document for the claim of Sitara-e-Harb
for your reference. This document shows inter alia, my presence as Colonel
Staff at Sialkot from 6th September, 1965 to the 19th September, 1965
(both days inclusive).
8. At this stage of submission, it would be appropriate
to reproduce the last para of my Representation submitted to you on 19th
January, 1966, through my G.O.C., 12 Division, then Maj General Attiqur
Rabman:
"I do however want the C-in-C to know that a grave injustice has
been done and deep scars inflicted on one of his officer's twice in 1965
whose sole apparent crime was that he possessed professional vision and
moral courage."
9. My fears are that the above mentioned Representation
of mine had never been seen or read by you, otherwise you would not have
inflicted a deep scar for the third time, on a patriotic soldier of Pakistan,
decorated with Military Cross for bravery; a graduate of Command and Staff
College Camberlay, U.K., who held instructional appointments at I.M.A.
Dehra Dun, PMA Kakul, Staff College Quetta, and Armed Forces War College
1963 - in the very first year of the inception of this course.
10. You Sir, also promoted me out of turn to the rank
of Colonel, to command the Special Service Group of our Army in 1964;
just as your predecessor, then General Mohammad Ayub Khan had given me
accelerated promotion to the rank of Lt. Col. in 1956. Two years before
that, in 1954, I had attended the Senior Tactical Command Course at Quetta
and had the privilege of not only coming first in a class of well over
seventy officers - but got the singular distinction of being awarded "D"-"D"
standing for "Outstanding". And surely, it must be within your
knowledge that after my early retirement at the age of 46 years, with
26 years service, in 1968, my services in my personal capacity, were requested
for by the Government of Iran as Military Adviser to the Iranian National
Defence College as well as Iranian Staff College. My services in Iran
were acknowledged by the Conferment of Nishan of the Iranian Armed Forces.
This news item was splashed in Iranian and Pakistani newspapers. The point
made herein is simply this; that no country would invite a foreign national
to teach its Officer Cadre unless the Instructor had an unblemished record
of service - on and off the battlefield. Only in September-October 1985,
I had visited Islamic Republic of Iran, on their Government's invitation
and had the honour of being given Nishan of ALQUDS by the HQ of Ground
Forces of the Islamic Republic in recognition of my unbiased reportage
of the Gulf War in Pakistani National papers - both in English as well
as in Urdu.
11. I am sure, that you are also aware of the fact that
I enjoy considerable reputation and respect as an unbiased and independent
military, political, economic and social analyst and commentator. My writings
have been appearing quite frequently in the national dailies and periodicals
of repute. My views on various national and international issues are also
contained in a number of books authored by me. In short, substantial knowledgeable
readership of my work has been developed in the country since I left the
Government Service. I have also been a frequent guest speaker of various
prestigious organisations throughout the country. In the pre-independence
days I have been in direct contact with the father of nation Quaid-e-Azam
Mohammad Ali Jinnah. He had very kindly acknowledged my sentiments for
him and for the Pakistan movement. The documentary evidence of these facts
are contained in more than one of my books and those written by other
authors.
12. From the above I do not want to indulge in self-praise.
In fact the purpose of the above submissions is only to bring it on record
that due to sheer dedication towards the national cause and betterment
of Pakistan I have been awarded and blessed with a status and respect
which can be an envy of many in my country. Motivated always by nationalistic
considerations and professional imperatives, I had the vision, knowledge
and courage to analyse as early as 1963, in my position as O.C. Training
Team of the First War Course, that ignoring of factors of Economics of
War, Military Geography and Strategic Theory of Exterior
versus Interior Lines, could lead to a terrible situation where:-
"A Pakistani Pritzwitz can surrender East Pakistan without even a
good fight".
This analysis stands authenticated by (then) Major General Sahibzada Yaqub
Khan, Commandant of the War Course, and documented by Hamood-ur-Rahman
Commission; besides, the substance and pithy conclusion of the analysis
continues to be published in the National Press over a period of years.
Though my clarion call given in 1963, could not prevent the surrender
of East Pakistan in 1971, I did indeed succeed in persuading the then
President of Pakistan in 1972 to establish Institute for Strategic Studies.
Annexure "B".
13. Your remarks about my conduct in the 1965 War come
in direct conflict with status and respect being enjoyed by me throughout
Pakistan and abroad. Your observations and comments about me are obviously
based on misinformation and or misunderstanding. This could be the only
reason as to how and why total falsehood about my conduct in the 1965
War, prompting your above quoted uncharitable remarks about me, has found
its way in your book under reference. The answer, partly lies in para
2 of the Preface of your Book, where you stated that:-
"The book is strictly my personal account of 1965 War compiled from
memory and my private notes and no help has been taken from official documents
in writing it. But where my recollection was hazy, I have freely sought
assistance from my retired colleagues and staff officers of that period
to whom I am grateful."
14. Your recollection of my conduct in 1965 War as given
on pages 65-66 of your book, is certainly hazy. And what is more, you
have, according to your own confession, taken no help from the official
documents. And it so appears that you don't seem to have been served well
by the Staff Officers whom you claim to have consulted when writing your
book; otherwise they would have briefed you of "Mehdi's Version apropos
facts and fiction of Indian Commandos, appearing in the National Press
day in and day out, year after year. Annexure -C.11. You are, therefore,
earnestly requested to make necessary amends and corrections in your book
under review. You are also requested to please make sure that the unfortunate
remarks about me are not repeated, ever, in your future writings. I am
very much aware of your present preoccupations and involvement in your
official duties. I, however, request you to kindly do the needful at your
earliest convenience. I shall be waiting with extreme eagerness to hear
from you within a month or so from the date of despatch of this registered
communication. For the sake of historical accuracy and for the honour
of my military reputation, the record must be put right, Sir.
15. How much do I value 'honour', is illustrated by the reproduction
of my Farewell message to my Comrades in arms on the eve of my retirement
on 19th December, 1968:-
Farewell and Greetings
"The only guide to a man is his conscience- the only shield
to his memory is the rectitude and sincerity of his actions. It is very
imprudent to walk through life without this shield, because we are so
mocked by the failure of our hopes; but with the shield, however the fates
may play, we march always in the rank of honour."
Sd/-
(Col. S.G. Mehdi)
16. Patriotism, professionalism and
sincerity of actions have guided me to follow the great Quaid from 1940
onwards, to serve the National Army with Spartan and professional dedication;
to oppose Gibralter Operations because of its faulty perception; to deploy
15 Division in its operational position by 4th September, 1965; to arrange
a raid and provide unimpeachable proof of the presence of 1st Indian Armoured
Division in Samba Jammu area. This performance of mine, has been acknowledged
by Major General Shaukat Riza in his latest book on 1965 War. From such
background of moral and professional values, it was but a short step for
Mehdi to deny the presence of Indian Commandos behind the 15 Division
front.
I am not seeking any credit from you Sir, for the role played by me, before
and during the 1965 War. I shall get my due from the polity of Pakistan
in richness of time. You are only being requested to put the record straight.
17. I am also forwarding a copy of this communication
to the C.O.S. and V.C.O.S. Army, Military Secretary G.H.Q., Lieut. Generals
Attiqur Rahman, Sahibzada Yaqub Khan and Brigadier Khalil Ahmed Khan.
The names of the last three have been mentioned and it is therefore, only
fair that they should be aware of my action.
18. One copy is sent to the Prime Minister of Pakistan,
as he also holds the portfolio of Defence Minister of Pakistan.
19. I am sending a copy of this letter under Notice from
my Lawyer, to the Publisher of your Book, not to publish any Edition of
your book(s) under reference, in English or Urdu, till this serious and
grave matter of honour is resolved.
I am Sir, a Patriotic Soldier of Pakistan.
Sd/-
(Col. S.G. Mehdi)
10th April, 1986
Annexure -A
CLAIM FORM FOR SITARA-I-HARB, Clasp KASHMIR 1964-65 and
Clasp KUTCH 1965 TAMGHA-I-DIFA'A
1. No: PA-941 Rank: Colonel
Name: SYED GHAFFAR MEHDI, M.C.
Present Fmn and unit: Station Headquarters, Karachi.
2. Claim - SITARA-I-HARB
CLASP KASHMIR 1964-65
CLASP KUTCH 1965
(Note:- Cross out what is not applicable.)
3. SITARA-I-HARB
a. Fmn and Unit with which IM 15 Div. served in Operations. Area.
b. Area where served SIALKOT
c. Period with dates 6 Sept. '65 to 19 Sept '65 (AN) (Both days inclusive)
4. CLASP KASHMIR 1964-65
a. Fmn and Unit with which served in Operations. Area (As officer Commanding
Special Service group well over a month
(Not consecutively) was spent in the Northern Area.
b. Area where served. TT operation conducted is still TOP SEC, but details
available with CGS.)
c. Period with dates Jan. '64-Sept. '65
5. CLASP KUTCH 1965
a. Fmn and Unit with which served in Operations. Area (As Officer served
in Operations. Area. Commanding Special Service Group, planning and supervising
Operations. Conducted by SSG Troops.)
b. Area where served Entered Fd Svc Area: Period With Dates
6 May 65} CORO
Left " " " : 1 June 65} Part 11
Entered Operations. Area : 28 April 65} Order 53
Left " " : 2 May 65} of 7 Sept.
6. Pers Wounded or Fallen
Sick (attributable to Service)
PsW and evacuated outside on Area.
a. Place }
} Nil.
b. Date }
7. Pers Granted Gallantry Awards
a. Name of Award }
}
b. Place and date where} Nil.
Award was earned }
}
c. Authority
}
Signature of Claimant
(S. G. Mehdi)
Colonel
Certificate (To be completed by Units)
8. Claims checked from available records and found correct/incorrect.
Brig. Comd SSG
OC Unit
(Chaudhri Nasir Ahmed)
Station C/o Stn. HQ Cherat
&
Date 18 July 67
(To be completed by Record Offices concerned)
9. Claim verified from records and:-
a. Found correct in respect of the full awards and published in Pt 11
Order No................dated..............:-
* SITARA-I-HARB CLASP KASHMIR 64-65
Clasp Kutch 1965
(*Cross out which is inapplicable)
O i/c
Records/CORO
CONFD
Annexure-B
No. F. 19/72/DIA
Government of Pakistan
Ministry of Defence
Rawalpindi, the 9th August 1972
MEMORANDUM
With reference to his letter dated 15th July 1972, Colonel
(Retd.) Syed Ghaffar Mehdi is informed that his original letter was seen
by the President under whose direction all aspects of the matter were
examined and a reply was accordingly sent to him. He is also informed
that his proposal for setting up of an Institute of Strategic Studies
is under consideration of the Government.
Sd/-
(Mairaj Husain) PSP
Deputy Secretary to the Government of Pakistan
Colonel (Retd) Syed Ghaffar Mehdi, PA-941
18/A, Park Lane
National Park, Rawalpindi.
General Musa did
not cancel Pakistan Army's leave.
"General Musa, then Army Commander-in-Chief,
and his principal aides and field commanders come in for equally severe
criticism. According to Mehdi, "Pakistan's Army goes to battle, minus
25% of its strength." Here, the allegation is that Army authorities
at various levels, acting obviously on their own, had allowed as many
as a quarter of their entire strength to proceed on leave, at a time when
the country was or ought to have been preparing for war."
Indians Admit That 20% PAK ARMY
Was On Leave.
"If not 25 percent, a considerable part of Pakistan's soldiery may
well have been on leave during August 1965. This is because, in Pakistan
as in India, troops get two month's leave of absence every year, which
means that in theory, at any one time, one sixth of the personnel of an
army unit may be on leave. In practice, however, units are kept in full
strength during the dry winter months from October to March/April to facilitate
troops training. During the rest of the year, i.e. during the period April
to August/September, it is possible, therefore, that during these months
some units may have no more than 70 to 75 percent available for duty."
Tragedy of 1971
Was Avoidable - Mehdi's View.
Mehdi's main purpose in making these observations on the 1965 War is to
suggest that had Pakistani leaders "raised the curtain from the acts
of omission and commission in the planning and conduct of the 1965 War
at higher levels, the ignominy of 1971 could have easily been avoided."
Note:- Extracts from 'The Organiser' - An Indian Weekly carried this Article
in its October 1977 Issue and Reprinted by Daily 'Nawa-i-Waqt', Lahore
in its Issue of 12 September, 1978.
GENERAL MUSA REPLIES
General (Retd) Mohammad Musa
Governor's House Quetta
Telephone: 70101
No. 0021/PA
24 July 1986
Lt Cdr (Retd) Syed Feroz Shah
Advocate & Tax Consultant
Secretary General, National Thinkers Forum
B.C. 2, Block 9, Kehkashan, Clifton,
Karachi.
Dear Syed Feroz Shah
Your contention stated in your letter dated 24 June, 1986 regarding the
subject matter printed on pages 65 and 66 of my book, "MY VERSION",
1983 edition, is ill-founded. Statements to which you refer relate to
the events that were reported to me as the then Army Commander by my staff
concerned during the height of the fighting in Sialkot. I have had no
intention whatsoever to defame/damage the reputation of your client or
any other individual.
I hope that your client is conscious of the fact that for many years he
has been writing, and giving interviews, about the 1965 War in various
newspapers and that some of his comments are tantamount to defamatory
imputation to my reputation as ex- Commander-in-Chief of Pakistan Army.
I reserve the right to seek legal remedy against your client.
With regards.
Yours Sincerely
Sd/-
Mohammad Musa
SECOND LEGAL NOTICE
TO GENERAL MUSA
Date: 19th August 1986
Ref: Your Letter No. 0021/PA dated
24 July, 1986.
My Dear General Mohammad Musa,
7. Your letter under reference sent
in reply to my Notice dated 24 June, 1986, through "silence"
and "absence of contention" admits that the accusation on page
65 of his book, "My Version" levelled against my client (Colonel
S.G. Mehdi) that he was removed from his job along with the Acting Divisional
Commander was patently false. Colonel Mehdi had provided unimpeachable
evidence, documentary and otherwise, of his continued service as Colonel
Staff HQ 15 Division after removal of the Acting Divisional Commander,
Brigadier Ismail, in his letter addressed to you dated 10 April 1986.
Besides official documents, the fact of Colonel Mehdi's continued service
can be vouchsafed by the following witnesses to the events:-
a) Brigadier Ismail Khan - the outgoing Commander, now
living in Defence Officers Society, Karachi.
b) Major General Tikka Khan (General Retd) the relieving
Divisional Commander - now a resident of Satellite Town, Rawalpindi.
c) Colonel A.I. Akram (now a retired Lieut. General)
who relieved my client and became Colonel Staff HQ 15 Division effective
20 September 1965 -currently Chairman, Regional Studies, Islamabad.
8. Should you therefore agree to delete the false reference
to the act of relieving of my client Colonel S.G. Mehdi from his job along
with the Acting Divisional Commander as mentioned in your book, then that
part of the libel case would become infructious and shall not be pursued
by me on behalf of my client.
9. That matter having been hopefully resolved, it still
leaves us with the second false accusation made by you against my client
on pages 65-66 of your book, "My Version", viz:-
"During this period the (6-7 September '65) the headquarters of this
Division appeared to be in a state of delirium. Its Colonel Staff was
sending messages to GHQ and its lower formations that enemy commandos
had infiltrated and were operating behind Sialkot town, without first
verifying any report or information he might have received in this connection
to ascertain the true facts, and was thus spreading panic."
10. It seems that due to your Gubernatorial
commitments, you did not find time to read the solid evidence produced
by my client in his letter dated 10th April, 1986 which refutes and negates
your unwarranted and unjust accusation. I am therefore reproducing for
your careful and judicious examination the relevant parts from para 4
of my client's letter, dated 10th April 1986, which reads as under:-
"As regards the alleged rumours about the presence of the Indian
commandos behind the 15 Div. F.D.Ls., I not only did not believe in them,
I actively sought to dispel their effects in as much as I, as the Staff
Colonel ordered 15 Div. OC F.I.U. to thoroughly investigate and report
about these rumours. As a result of this investigation it was established
that there was no evidence of any enemy commandos whatsoever operating
behind the 15 Div. Consequently, through a signal, GHQ was asked to relegate
the powers of Field General Court Martial to the GOC for establishing
such courts to award deterrent punishments with a view to put an end to
the spread of panic. In support of my contentions I reproduce below, the
contents of the letter since published in the National Press (A) Daily
News Karachi 26 May, 1984, (B) Defence Journal Karachi April, 1984 and
(C) Jang Karachi 10-11 July, 1984, of Brigadier Khalil Ahmad, Acting Adjutant
General, who had visited HQ 15 Div. Sialkot during the hostilities.
11. This unambiguous and clear evidence of the Acting
Adjutant General of the Pakistan Army alone proves beyond any doubt whatsoever
that:-
a) my client was performing his duties as Colonel Staff
on or about 15 September 1965:
b) my client had also performed his duties in ascertaining
the facts regarding the rumours of operations of enemy commandos in the
rear areas thus completely belying your libellous accusation that the
Colonel Staff, was sending information "without verifying any report
or information ........." With your long service experience, you
would readily agree that verification of the report does take time even
in peace time, leave alone the war. But it goes to the credit of my client,
that he continued to dispel and nail the lies during the height of the
battle and after the ceasefire, consistently and persistently.
12. In substantiation of this viewpoint, I am producing
the supporting testimony of a senior and distinguished General Officer
of the Army, dating back to January 1966. This testimony of Lieut General
M. Attiqur Rahman, MC included in my client's letter dated 10 April 1986,
which inter alia, stands published in the prestigious monthly of Pakistan
"The Defence Journal", issue of April 1984, besides 'Daily News',
Karachi dated 26th May 1984, reproduced as under - as a ready reference.
"Lieut General M. Attiqur Rahman, MC provides additional incontrovertible
evidence confirming Brigadier Khalil Ahmed's testimony. General Attique
was G.O.C. 12 Div. in Dec. 1965 - Jan 1966. I was his Colonel Staff. During
this period I had submitted a formal representation to the C-in-C. Here
is Gen. Attiqur Rahman's version, of which, at this stage, I am releasing
a small extract only.
13. Your attention is also drawn to para 6 of my client's
letter dated 10th April, 1986 addressed to you. The relevant para of which
is reproduced here under:-
"Besides the above testimony of Brig. Khalil and Lieut. General Attiqur
Rahman the then G.O.C. of 15 Division, Major General Tikka Khan had never
and nowhere stated, verbally or in writing, anything contrary to the facts
enumerated above. General Tikka Khan, as a matter of fact, had differed
with me his Colonel Staff, to the effect that the signal to the G.H.Q.
should not have been sent, because:- "a signal of the nature sent
by me to the GHQ would indicate that there was something wrong in the
rear of 15 Div." There may well be as indeed there is, differences
of perception over the despatch of the said signal between General Tikka
Khan and its sender, but General Tikka Khan did not give it the twist
that you did, and I do vehemently protest to the unfortunate conclusion
arrived at by you.
14. In para 7 of his letter, my client further pointed
out to you, as under:- "Your contention on page 66 of your book regarding
my having been relieved of my job along with the Acting Div. Commander
is also contrary to the facts. While the Acting Div. Commander was certainly
relieved of his duties on the 7th September, 1965 I continued to serve
as the Colonel Staff of the Div. upto the 19th September 1965...."
15. In the final analysis you would observe that your
unjust remarks against my client stem either from misinformation and or
a hazy memory or a libellous motive. In any case you are asked to delete
the inaccurate remarks against my client from your book under reference
and any other publication authored by you.
16. As for the threat made by you in the last para of
your letter under reference, to my client, it is now clear that you have
been nursing a grudge against my client for quite some time which motivated
and prompted you to make the uncalled for libellous remarks against my
client in your book. If you honestly wanted to take legal action against
my client why did you not do so during the last decade or so, i.e. ever
since my client's analysis started appearing in all major newspapers/magazines,
of the country?
17. Be that as it may, I have been instructed by my client
that he shall be willing and ready to face any of the suit against him
by you, as you have indicated in your letter under reference. My client's
contention is that in the greater interest of the country he has been
trying to analyse the concept and conduct of the 1965 War which eventually
and consequently led to the debacle of East Pakistan in December 1971.
My client never did have any intention to defame anyone in particular
- including yourself. My client wishes to stress that his observations
and conclusions have always been based on irrefutable facts and thus cannot
be termed as libellous or defamatory. However, my client would greatly
appreciate and welcome the process of shifting facts from fiction through
the unbiased analysis and scrutiny of our respected judiciary if you choose
to file the suit against him. This will eventually unmask the actual villains
who did irreparable damage to Pakistan, which in itself will provide invaluable
lessons to the posterity. Every country analyses its campaigns and wars,
so that lessons for the future good of the country could be learnt and
applied in its defence planning strategies.
In the end you are once again asked to get the libellous remarks against
my client removed from your book within a month or so to prevent any further
action to litigation.
With regards,
Yours faithfully,
(SYED FEROZ SHAH)
To: General (Retd) Mohammad Musa
Governor's House, QUETTA.
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