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| BOOK REVIEW |
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Review & Excerpted by Momin Bullo
The matter of choosing the lawyer to fight his case required some consideration. Khuhro toyed with the idea of asking Jinnah to appear for him and even sent a telegram requesting Jinnah to appear for him. Jinnah telegraphed back his regrets explaining that he had given up his practice and had not appeared in court for five years but sent a message advising that an experienced criminal lawyer with local knowledge would be much better. He also recommended Somjee, a well-known criminal lawyer of Bombay. Somjee was brought in at one stage in the trial at Jinnah's advice but dealing with witnesses proved to be difficult even for a top lawyer like him without the detailed knowledge of local politics and conditions. Khuhro retained Dialmal Narainsing Lalwani, the best criminal lawyer in the province who had also appeared for Pir Pagaro and would prove a brilliant defence lawyer in this case. Dialmal, though little known outside the province was in fact one of the most able criminal lawyers in India and handled the two most celebrated cases of the period, the Pagaro and the Khuhro case. One of the earliest visitors Khuhro had in jail was one of his bitter opponents at this time, G. M. Syed. Writing to Jinnah on 4 October Yusuf Haroon mentions the fact: "When I was away to Bombay, Mr. G. M. Syed was at Karachi and then left for Sukkur to meet Khan Bahadur Khuhro in Jail. I have heard that Mr. Syed has made up his mind to help Khan Bahadur in his trial." Syed had come to Khuhro to say mea culpa and ask forgiveness. He admitted to Khuhro that he had conspired with Gazdar to remove him from the cabinet and had promised Gazdar Premiership, but he said that his intention had only been to remove Khuhro from power and not to put his life at risk. Syed said that he would now do everything in his power to help Khuhro. Knowing well the mercurial and emotional nature of Syed and also his basic honesty, Khuhro could not hold any grudge and readily forgave him. In the trial Syed gave good supportive evidence showing that there could not possibly be any political rivalry between Soomro and Khuhro and that personal relations between them were good. He said that after Soomro's dismissal the chances of his returning as Premier were almost non existent and that therefore there was no question of his being a potential rival to Khuhro. Also Khuhro had the support of Muslim League members and Soomro the support of Hindu and Congress members, so they were not vying for the same support. Also that it was Hidayetullah who had been called to form the Government after Soomro's dismissal and not Khuhro who had Jinnah's as well as Syed's own support. The question of any personal or political motive for Khuhro to get rid of Soomro did not arise. He also admitted in his evidence that he was politically close to Gazdar and against Khuhro and that the Inspector in charge of the case (Ghulam Akbar) was a close friend of Gazdar. The prosecution built its case on the assumption that Khuhro regarded Soomro as the most important obstacle in his path to become Premier and by removing him from the scene expected to gain that high position and that he used Hurs to achieve that end. The witnesses they brought to prove the case were in two categories: the politicians to give evidence for motive and secondly the Hurs who had conspired to murder Soomro and with along with the Hurs was included Khuhro's servant kamdar Daresh, who was supposed to be the link between the Khuhro brothers and the Hurs. Daresh, 'a weak and frightened man', was vulnerable to police pressure because his son was wanted in a major dacoity. He had been absconding to avoid arrest and torture when he was assigned this new role as key witness in this case .22 The police arrested him and soon got his' confession' and on 10 October 1944 he was pardoned. Failing to get the actual assassins to co-operate and give the required evidence, the police had got its two 'approvers' on whose evidence the whole case rested. One was Daresh and the other Mohammed Khan, a nephew of the famous Mohbat Fakir, who had been part of the conspiracy to murder Soomro and who subsequently had joined the police as a spy. Mohammed Khan had also been granted a pardon after giving the required evidence. Prosecution witnesses also included Kamal Mangrejo as 'approver'. There were also a number of corroborative witnesses to prove the conspiracy and the movements of the Hur party. The politicians and public men to prove the political motive for the murder included Sir Shahnawaz Bhutto who had been specially summoned from Bombay but whose evidence did not go against Khuhro, K. B. Maula Baksh Soomro the younger brother of the late Allah Baksh, Mohammed Usman Soomro a friend of the Soomro brothers, R. B. Kundandas, advocate, Sayed Hyderali Shah and Sri Krishna Lulla, advocate. To counter the prosecution's allegation that there was bitter rivalry between Khuhro and Soomro the Defence brought some eminent politicians including G. M. Syed, Yusuf Haroon, Khan Bahadur Ghulam Mohammed Wassan, a leading zamindar of Sanghar and Tharparkar area who was a target of the Hurs and a close friend of Khuhro. Evidence was also given by Haji Shahnawaz Pirzada, an intellectual, writer and poet who had personally witnessed Soomro's threats against the Hurs and the Pir. It was felt sufficient by the Defence to get the evidence of the public figures only in the Sub-Divisional Magistrate's Court and not repeat the evidence in the Sessions Court as it was already available to the Court. The committal proceedings were held in the court of M. H. Sufi, I.C.S., the Sub Divisional Magistrate of Shikarpur who examined the key witnesses. The Defence brought most of its witnesses to this court in the hope that the weakness of the case would induce the examining Magistrate to throw out the case at this stage. This was a vain hope however. It would have been difficult for any committing magistrate to throw out a case as widely publicised as this one-particularly one in which the I. G. was taking such a deep personal interest and the government itself appeared to be concerned. Although he found that the case was fit to be sent to the Sessions, and in the prevailing atmosphere it was perhaps impossible to find otherwise, Sufi gave an assessment of the the evidence which pointed to the basic weaknesses of the case which in fact were eventually to destroy the government case: "Daresh gives an account of the conspiracy almost as if it came about accidentally. Khan Bahadur Khuhro does not summon Daresh himself but Daresh happens to arrive at Akil village. The Khuhro brothers sent the other servants out of the room ask Daresh to send for some Hurs through Walu [Wali Mohammed Kharal, a Hur cultivator on Khuhro's kacha lands.] and get Allah Baksh murdered. Daresh replies calmly that yes he will go and make arrangements for the murder. He does not show surprise or discomfort. Khuhro brothers do not give any detailed or important instructions, nor do they promise any reward. It looks as though Khan Bahadur Khuhro instructs Daresh:"'Go and pick a couple of carrots from Walu's field and bring them for me because I like them.' After Daresh's departure there is no evidence that Khuhro brothers took any interest in the furtherance or completion of this conspiracy or that they met Daresh again, although Walu is supposed to have said to him once: 'Work is going according to plan and with God's will, be completed soon.' But even then Daresh does not acquaint the Khuhro brothers with the progress of the conspiracy." Sufi went on to point out that even after the murder the Hurs or Daresh show no particular anxiety to get a reward although Khuhro's tour record shows that he was in Larkana a number of times after the month of May. If the Hurs had done the murder for a reward it is inconceivable that they would have waited so long for it or accepted a refusal but the record shows that to this date the Hurs have not got any money. The Prosecution alleges that Daresh went into hiding because he was involved in the murder but Mr. Ray's Diary shows that Daresh was in hiding after the Bhumbatpur dacoity. [author's italics] Sufi said he would not go into the details of the contradictions in Daresh's evidence but he concluded: "the biggest weakness of his evidence is that there is a strong atmosphere of accident around his evidence and as I have said earlier that this unorganized and easy, picking carrots from a field type of conspiracy does not impress me as genuine..." The case was committed to the Sessions Court and the hearings started in the court of Judge Paymaster on 26 March 1945 at Sukkur. The case was to be heard for nearly three months. Khuhro his brother Mohammed Nawaz and three others were accused that between the months of October 1942 and May 1943, along with 'approvers' Mohammed Khan and Daresh they engaged in a criminal conspiracy to murder Allah Baksh Soomro - "which murder was committed in pursuance of the said conspiracy of conspiracies by Kassim son of Mohammed Baksh Mangreio and you thereby committed an offence punishable under Section 120-B read with Section 023 I. P. C." Section 109 was also applied to the case. The actual assassins Mangrejo and Ali Mohammed Rajpar had been tried in early 1944 and had already been executed. The Prosecution story was that Khuhro and Soomro had been political rivals and that Khuhro bitterly hated the latter and was determined to get him murdered and that he formed the intention to do so around December 1942. For this purpose he determined to use Hurs. Khuhro owned certain kacha land called Keti Khuhro to the east of the river Indus and his kamdar for these lands was Daresh. Wali Mohammed Kharal a Farqi Hur of Pir Pagaro was a hari on these lands and was known to be friendly with other Hurs. That Khuhro visited Larkana on tour from 25 December 1942 till 3 January 1943. That sometime during this period Khuhro went to his village Aqil. That the kamdar Daresh had come to Aqil to pay his respects. That on this occasion Khuhro and his brother Mohammed Nawaz told Daresh that Allah Baksh Soomro was their mortal enemy and that he should ask Wali Mohammed Kharal to get the Hurs to kill him and that they would reward the Hurs approximately Rs.10,000 to 12,000. That Daresh subsequently set up the conspiracy and that Soomro was murdered at his say so. (Continued)
Review & Excerpted by Momin Bullo
Heat, Dust and Intrigue My predecessor, B.B. Paymaster, (later on Justice Paymaster of the Bombay High Court) in his handing over note had stated: "This division is well known for its dust, heat and intrigue." While I found Naushahro Subdivision hotter than Shahbunder Sub-division and more dusty, I did not come across any intrigues worth noting. I can recollect some amusing moments at this distance of time. I quote from two applications which I received from aggrieved persons. A small landholder ventilated his grievance thus: I am an old man and am living in this world but one Shafie s/o Babu has given information to the Tapedar that I am dead and has thus gained possession of my land. If I am dead, then at least my son Shahmir Khan is alive and he should be put in possession of my land. An irate husband complained against his wife's lover in these words: "I have seen this man standing on the illicit toe with my wife." Since English and Sindhi both were court languages, I advised the applicants to send these applications in Sindhi rather than in English! The applications of illiterate persons were drafted, by petition writers but a school teacher who knew English, wrote his application in his own hand which read as follows: I am a young man of 28 years with height exactly 6 feet, chest 48 inches and weight 2-1/2 maunds. Since my early days I was aspiring to be a hunter in order TO ENJOY LIFE BY SHOOTING OTHERS. I decided that it was too dangerous to let him handle a gun. Two persons in Nawabshah District acted as Grievance Bureaus, Shah Nawaz Pirzada, an advocate, for Muslims and Jaisal Faqir, who lived on his wits, for Hindus. Jaisal Faqir approached the Collector and District Magistrate of Nawabshah R.G. Davies, with a long list of habitual thieves alongwith the names of witnesses against them. Davies ordered the Police to take action under section 110 which prescribes binding down for good behaviour with sureties for a specified period and, in default, imprisonment. This large-scale action created a sensation and Shah Nawaz Pirzada published a pamphlet in which he pointed out that the accused were all Muslims and the witnesses against them were all Hindus. He wrote that Jaisal Faqir had hoodwinked the District Magistrate whose action had caused resentment among the entire Muslim community of Nawabshah District. Davies forfeited the pamphlet and ordered prosecution of Shah Nawaz under the Defence of India rules for causing disaffection against the administration. The case against Shah Nawaz Pirzada was tried by P.M. Cargill, (I.C.S. Officer), Assistant Collector and Sub-Divisional Magistrate, (later Vice-President World Bank). In his statement to the Court, Shah Nawaz asked Cargill to prevail upon R.G. Davies to get married. This is what he told the Court: Sir, I am not against Davies. He seems to be the victim of circumstances. The trouble with him is that he is a bachelor. He cannot stand the heat of Nawabshah, without the help of a spouse. May I request you to prevail upon him to get married? If he gets married and has a pretty wife like Mrs. Cargill, I am sure that he will see through the game of Jaisal Faqir. Cargill decided that the pamphlet was actionable - Jaisal Faqir's list of witnesses did contain some Muslim names. Cargill found Shah Nawaz guilty of spreading disaffection against the established order. When he announced that Shah Nawaz should be committed to prison for a couple of months, the accused made an unusual request. He submitted: I will be happy to be His Majesty's guest for a couple of months. But please do not send me to Hyderabad prison hand-cuffed and under a police escort. As a gentleman, I assure you that I will report to the Superintendent of Hyderabad Prison without delay. Cargill granted this request and gave him the detention warrant. When Shah Nawaz left for Hyderabad by the next train, he got a grand send off at Nawabshah junction. He was garlanded profusely while a hired band played outside the railway station. The scene depicted a wedding party, with Shah Nawaz Pir7ada dressed and garlanded like a bridegroom. When he arrived at the Hyderabad Prison and sought admission, the Superintendent of Jail advised him to go to the nearest hotel! He then showed him the detention warrant with the signature and seal of the Sub-Divisional Magistrate, Nawabshah. Shah Nawaz must have provided considerable amusement to the inmates of Hyderabad Prison. He was a good conversationalist and was the author of a number of books. Years later, he was elected as a member of the Provincial Assembly. He never acted on the very advice which he gave to Davies, to get married. He died a bachelor. I made many good friends in my Sub-division, prominent among them being Rais Khan Bahadur Haji Ghulam Rasul Jatoi, then President of Nawabshah District Local Board. He once sought my advice where he should educate his grand-son, young Ghulam Mustafa Jatoi. I advised him to send him to Grammar School, Karachi, where my four children - two daughters, Nasreen and Tanvir, and two sons, Salim and Ali - were educated. The Karachi Grammar School continues to be a reputable institution. Mr: Ghulam Mustafa Jatoi, I am happy to state, became the Chief Minister of Sind and did his job with admirable success. Touring in Naushahro Division was by car and camel. It was a pleasant affair. The inspection bungalows were situated every ten miles, at the banks of canals. The accommodation was adequate, the furniture was decent, with well-kept gardens where flowers bloomed for most part of the year. I was particularly struck by the size and freshness of roses. Some bungalows had a good stock of books left by visitors. We had to carry our cutlery, crockery and kitchen utensils. Milk, meat and vegetables of good quality could be purchased locally. We had been warned by a circular of the Revenue Commissioner of Sind against Rasai - i.e., free supply of provisions the cost of which was met out of a fund subscribed by local Zamindars. We had been exhorted to ensure that the bills presented to us by the village officers were not deflated. We were enjoined upon to pay the correct price of every article we bought on tour. Nawabshah town in 1939 had a population of nearly 15,000. The courts and officers' bungalows had been newly constructed, the most attractive building being that of the Graham Hospital named after the first Governor of Sind, Sir Lancelot Graham. Since it was completed and furnished only a day before the Governor's arrival in Nawabshah, for the opening ceremony, everything was in order except that there were no patients. So, at the last hour, some persons' were made to occupy the vacant beds. One of them was asked by Sir Lancelot what the trouble was with him and to the consternation of the Civil Surgeon, he replied, "Thanks Sir, I am perfectly all right." Justice Kayani's regard for truth - Rose to be the Chief Justice of the West Pakistan High Court. - "I was not specially selected for the Judicial Wing of the J.C.S. but truthfully shunted on to it." - Justice Kayani. My stay in Nawabshah District lasted exactly six months from 16th October 1939 to 15th May 1940. I had by that time put in 5-1/2 years of service and it was normally in the sixth year of a civilian's service when the Government decided whether he should be retained in the Executive Branch, which included service in the Secretariat, or be transferred to the judicial wing of the I.C.S. Although some of those who were transferred to the Judicial Wing rose to be Judges of the High Court and,Supreme Court, yet young Civilians preferred to be retained in the Executive Branch. My colleague of 1934 batch, D.R.C. Halford, Deputy Commissioner, Jacobabad, was transferred to the Judicial. Wing according to a Gazette Notification, but he represented against that transfer and was retained in the Executive Branch. A very distinguished member of the I.C.S., Justice M.R. Kayani who served on the Punjab Cadre, was transferred to the Judicial Wing in the 6th year of his service. He rose to be the Chief Justice of the West Pakistan High Court. When he was appointed Chief Justice, the Advocate-General on behalf of the West Pakistan Bar, presented him with an address of welcome in which he observed that the qualities of head and heart which Justice Kayani possessed, were discovered in the early years of his service and that he had been specially selected for the Judicial Wing of the I.C.S. where he rose to occupy the highest rung of the ladder. Justice Kayani, whose regard for truth was proverbial, thanked the Advocate-General for his kind words but put the record straight by saying that he had not been "specially selected" for the Judicial Wing of the I.C.S. but was "shunted on" to it. In his inimitable and humourous style, he proceeded to relate how he had protested to the Governor of the Punjab against his transfer to the Judicial Wing, how the Governor had called him to lunch and showed him his confidential report written by his Deputy Commissioner. Kayani read the two sentences of the report before a crowded assembly of lawyers, gathered to felicitate him on his elevation as Chief Justice. The report was brief. "Rustam Kayani is a strange fellow. He tries to be funny." Justice Kayani remarked that while he did not mind the first sentence of the report as he held similar opinion about his Deputy Commissioner, he felt unhappy at the second sentence "as if I did not succeed even in being funny." I was neither "specially selected" nor "shunted on" to the Judicial Branch of the Service. I was retained in the Executive Branch and got my senior scale as Deputy Secretary to Government, Home and General Departments, with effect from 16th May, 1940. (Continued) |
Muhammad
Ayoob Khuhro: The Iron man of Sindh 
