30.       It has also been suggested by Mr. Ghani that the Police did not hardle 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 arise 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 offical 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 stoppind brickbatting they started advancing with more showers of brikbats, 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-fiead constable and 14 constables of the unarmed branch, and one head constable and 14 constable 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 postion. When the situation come 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- "Firing 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 a severe fight. That was my reading of the situation at that time because even after the firing throwing of brickbats continued."

Question N. 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 happend 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 Lod what would be the result had you not ordered open firing?"

Answer-"Had I not opened firing all the forces could have been over­powered."

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 not called for by 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 crowd 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 keep1 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 brickbating 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 corner 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 sopt 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." a    Question No. 155—"Did they seek orders from you?"

Answer—"Yes",

Question No. 156—To court :"Who sought orders?"

Answers—"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 tiring 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—"II 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 and look 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 S.P. in consultation with me and the District Magistrate and alter 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?" f

Answer—"I 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-"ln 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 happened after that?"

Answer- “The situation was grave and the agitators came from all directions and brickbats come like showers and we had no place to take shelter and many police officers including constables were Injured. The situation was so grave that the D.M. passed to open fire.”

Question No. 32-"Who ordered the firing?" Answer—"D. M."

Question No. 33-“Was the firing opened?" •'ft' Answer-"Yes."

Question No. 34-"Whatwas 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-"Nol 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 tiring 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 wore encircling us by that time and before that we used tear gas and laihi 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? Where they getting nearer?."

Answer-They were gradually coming nearer. They were sometimes running away when we used lalhi 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 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 corning 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, say, before 3?"

Answer— Before 3."

Question No. 138-"That was the last thing that was done, I mean the last lalhi charge, and after that the fifing. 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 (here?"

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?"1

Answer-"Crowds from all sides would amount to 5,000 but bulk of the people were in from 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 lime?"

Answer- "The Police was surrounded on all sides by the crowd and they were standing and looking awkard; 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 'he D.I.G asked the District Magistrate to give ordered for opening fire. The District Magistrate who was present there ordered lathi change."

Question No. 33-"Was the lathi charge made?"
Answer-"Yes, it was made."

Question No.-34" Did that have any effect?"

Answer-"It 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 brick-bats 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-"It was counted a little later and found that 27 rounds were fired. Just alter warnings and tiring 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 [he Medical College Hostel and another towards [he University playground corner."

Question No. 39-"And did you notice when firing was stopped?"
Answer-Tiring 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-"I 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 (here some policemen with lathis wore 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 literally the police could not stand the attack. They fell back to the place where they were standing. The students 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 lirne?"

Answer-It would be at about 3-15 or 3-10."

Question No. 27-"ln which direction was the fire opened?"

Answer-"It was opened in two directions—-one party facing the University ground and other the Hostel gate."

Question No. 28-"Kow far were you at that time?"

Answer-"I 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 or how far the firing was controlled?"

Answer-In 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. 3O "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 (he 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 lo 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 sing 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 playground side."

Question No. 37-"Where were you at that point of time?"

Answer-"! was in front of the shops at the junction."

Question No. 38-"How many times tiring 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 ho was then and there removed in an ambulance."

41. Lastly Mr. Mir Ashialui 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 ol 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-Tlease tell us if the 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 attached the
Police party with double vigor."

Question No. 19-"What happened?"

Answer-"After two or three minutes again the rioters were fired at towards Medical College Hostel."

Question No. 20-"Did that have any effect?"

Answer-There was a pause for some time, but after a little while 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-"I saw one man dropping near the University ground."
 Question No. 23-"What happened to him?"

 Answer-"He was taked 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 lathi charges also."

Question No. 68-"Excepting these two lalhi 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 shop 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 tired on the mob in self-defense without any order, then it would 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 defiance. 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 time.

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 north-west 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 fire 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 (acts 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 alter the police firing was over—the microphone through which fiery speeches were broadcast over (hat particular area. Mr Ghani suggests that the students were "stampeded" and thought it was batter 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 economizes truth when it suits his personal ends stands discredited.
45. Of ail 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 Stale 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 stale. 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 Hosptial 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-"! 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 fried, 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 a 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 whal did you do?"

Answer—"Then I went lo 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 o( 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 east-end 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 compound and fired from the path. It is possible that a portion of that compound came within the range or 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 lo open fire. It was suggested to the S.P. that he opened (ire because he was exasperated at the continuous brickbatting and because the Police force had been stoned by the students1 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-pane 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 play ground 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 [he advance began again and brickbats were throw 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 do 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 to maintain 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 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. Osmany, 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 All) 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.

T. H. ELLIS*