Akbar Khan (Pakistani General) - The Trial

The Trial

The trial began on 15 June 1951 at 8.00 a.m. The prosecution was led by the formidable A.K. Brohi - this was one of his earlier cases. Later he was to achieve great fame and notoriety as a legal adviser of dictators and authoritarians. The incomparable Huseyn Shaheed Suhrawardy appeared on behalf of Brigadier Latif and Z.H. Lari on behalf of General Akbar. Other famous practitioners who appeared for the defence were Malik Faiz Mohammed, Khawaja Abdul Rahim, Sahibzada Nawazish Ali and Qazi Aslam. Gradually as the case proceeded and continued month after month, many of the counsel departed due to the inability of their clients to pay them. But credit goes to H.S. Suhrawardy who fought till the very end even when his client had stopped paying him anything more.

The basic charge against all the accused was one of "Conspiracy to wage war against the King". "A careful scrutiny of the first charge" said the judgement, "shows that it relates to a conspiracy alleged by prosecution to have come into being for overthrowing the Government established by law in Pakistan by means of criminal force or show of criminal force." Other allegations, though punishable offences in themselves, were "either the consequences of this conspiracy or merely means to achieve the object for which it was stated to have been entered into." The judgement was, therefore, directed mainly to examine whether the evidence produced by the prosecution was sufficient to establish "(i) the existence of conspiracy ; and if that is found established, (ii) who are proved to have been parties to it?" The evidence led by the prosecution to prove its case was both documentary and oral. The latter was of "persons, who, without being either parties or willing parties to it, either deposed to the existence of the conspiracy or stated facts which might lead a court to draw a conclusion in favour of its existence; and (of) persons who were either, on their own statements, or on account of admissions of facts made by them, or due to existence of other reasonable grounds, held to be willing parties to the conspiracy."

The case as presented by the prosecution, relied basically on the evidence of the two approvers, and other witnesses who gave circumstantial evidence. It was not a false case at all. In general the bulk of the evidence was true. But there was a major falsehood which negated all the claims of the state of presenting a truthful case before the tribunal.

The prosecution induced the approvers to state that at the end of the crucial meeting of 23 February 1951 the people present had agreed to overthrow the government. They had to tell this lie because otherwise the allegation of conspiracy would have fallen flat. According to the penal code a conspiracy is only established 'when two or more persons agree to commit an illegal act or a legal act by illegal means'. If there is no agreement there is no conspiracy under the law.

The Conspirators claimed that after eight long hours of discussion, of arguments and counter-arguments, of high tension and near nervous breakdown, the group of persons assembled in Akbar Khan's house that day had agreed not to take any steps in pursuance of the plan presented by the Chief of General Staff. There was no agreement, and therefore no conspiracy! General Akbar could have very well been punished under the Army Act for even presenting such a plan and for trying to subvert the loyalty of others.

In jail the military officers and the intellectual civilians managed to get along together reasonably well, in spite of wide differences in ideology and thinking between some individuals. Actually, General Akbar had somehow managed to gather quite a diverse bunch of characters.

There were Major General Nazir Ahmad, who was an Ahmadi; Air Commodore Mohammad Khan Janjua was a Sunni but with no religious ideology ; Major Hasan Khan was a Shia; Brigadier Latif was into the Deobandi ideology and read a lot of religious books; Brigadier Sadiq, Lt-Col Ziauddin and Captain Khizar Hayat had faith in pirs and murshids; Lt-Col Niaz Mohammad Arbab was a good-natured person, belonging to an affluent and influential Arbab family of Tekhal Bala, near Peshawar. He was totally uncommitted ideologically, so much so that much later he became a minister in General Muhammad Zia-ul-Haq's government.

Syed Sajjad Zaheer, Mohammed Hussain Ata and Faiz Ahmed Faiz were communists of varying degree. So was Major Ishaq Mohammed, but at that time he was still a beginner. Later, of course, Major Ishaq became a symbol of militant left-wing politics in Pakistan. He was a fearless person and used to argue with vehemence even with the judges of the Tribunal. After an exchange of hot words, Justice Sir Abdul Rahman thundered: "I will set you right", to which Ishaq boldly replied: "Go ahead, my Lord!" The Justice could then only mutter, "I pity you". Ishaq and Ata were both hot-tempered and indulged in blistering polemics when discussing politics in jail.

The two coolest customers in that circle were the senior members of the group, Syed Sajjad Zaheer and Faiz Ahmed Faiz.