6 Bahawalpur Experience

Bahawalpur District

Bahawalpur District was the headquarter district of Bahawalpur State. The other two districts of the State were Bahawalnagar in the North and Rahim Yar Khan in the South. In the East up to Indian Border it was the extensive desert area known as Cholistan, most suited for hunting of deer and rare seasonal birds. On the West was River Ravi heading towards Panjnad, a confluence of five rivers, lending its name to the province of Punjab. In October 1955 the States, including Bahawalpur were merged into West Pakistan under an Act of Parliament. I took over in November 1956.

Taking over charge as Deputy Commissioner

I sent a telegram to the Deputy Commissioner that I will be arriving by train. Unfortunately, that train reached Bahawalpur at midnight. When I arrived there was no one to receive me, to guide me or to assist me. I took a taanga (horse driven carriage) and reached circuit house about a mile or two from the railway station. The attendant came out. I do not know whether to him I was really the Deputy Commissioner or not but as my request was only for a room for the night, he was assured that I presented no threat to him. He gave it to me. In the morning things were normal, I should not call it normal. Bahawalpur had the tradition of having Deputy Commissioners old in age, on the verge of retirement, risen from the ranks, embodiment of maturity and wisdom with a number of people always around him seeking his command or goodwill. As Deputy Commissioner I had to deal with elderly people mostly with angelic faces, finely trimmed, all white beard, a few wearing Ottoman style caps, all, with no exception greeted me with the blessing “May God have mercy on you and the district”. I kept on hearing this blessing throughout the period of my posting there, more than one and a half year. Must be I am a record receiver of such a blessing. It served me well throughout my life.

Beauty of Bahawalpur

Bahawalpur district turned out to be more beautiful and attractive than I ever thought. There was a zoo, not big, but the peculiarity of it was that all the shrubs and small trees, topiary,  in the compound were trimmed and maintained in the shape of animals in the zoo. Nowhere in the world, where ever had I the occasion to go, did I find such a feature so well reflected. In a developing country, such a feature could educate the children not only in the variety of animals in the zoo but also the shrub and trees that could be made as a model for them.

There was a stadium, not big, very well built and maintained, looking attractive every time of the day, all days of the year. There was a row of asparagus and coleus plants, both perennial in Bahawalpur, put together to add color and beauty to the built-up portion. The cricket team had come up too quickly. Probably that was the only team which bowled twice in the very first ball its own Deputy Commissioner to the pleasure of everyone present there. The talented and upcoming players were given land grants and much more. This led to a convergence of all talented players from throughout the country.

There were two palaces of the Nawab in the middle of the town. Though now not very well maintained, they had a beauty of their own, not in the number of bedrooms or the extensive area around it but the grandeur of the building from outside and the personal taste of the Nawab in every corner inside was enough to convince one of its past glory. There were a good museum, library and a hospital, all in top condition.

The other institutions that were complete or near completion were Sadiq Public School on the model of Aitchison College Lahore with its first Principal coming from there. The second was named as Poor House meant for vagrants, for whom a law was being framed. A look at it surprised me. Even the richest vagrant in the country would have felt two times elevated on being housed there. Later I came to know that it was used for a better purpose, a Polytechnic Institute funded all over by a foreign Government, few to survive. An experimental paramedical institute was set up, the first of its kind in the country. It could not survive the wrath of the doctors.

Festivities of a Wedding

The daughter of Nawab was going to be married to the Nawab of Khairpur. The entire State was aglow with festivities, particularly Dera Nawab and around. The fireworks were superb, not seen any such in Pakistan.

The Working Conditions

There were certain established practices of the Deputy Commissioner office. Barring a few, very few, all enjoyed it. An officially paid cook of good quality was provided by the office. All kitchen needs were supplied by the Tehsildar. Needs above that, of guests, of functions and parties, were supervised by the superintendent of the office. The Deputy Commissioner has set office hours but enjoys the privilege of attending his office at his convenience and pleasure.

In the office, certain things appeared to be unusual or striking.

  • The standard of written petitions, complaints, and requests, all in Urdu, were of such high quality that my attention was more to the beauty of the language than to the substance of it.
  • The requests and the complaints were somewhat unusual. For example, a petitioner wanted from me ten days casual leave, the maximum that could be then granted, for arranging “sifarish” to get his transfer canceled. I asked him who has transferred you. He said, “You have!”. I told him that I am granting you this leave if you want more I will grant you that also.
  • An employee called at my residence and wanted that he be transferred to a particular post informing me that he will not take any bribe but accept the tip which the parties willingly give. I asked him what is your problem and he said that he had four daughters of marriageable age. He can hardly maintain the family in the pay that he received.
  • A petitioner wanted that he should be granted permission to sue his Assistant Commissioner. I asked him the reason for it. He said that the AC had abused him.
  • I was hearing an appeal against levy of Agricultural Income tax and after a few minutes I said to the counsel “That is enough!”. My reader who had to write the judgment in Urdu stood up and said “Sir! I am not yet satisfied with the argument”. I had to tell him do not bother I will satisfy you.
  • One of the upcoming student leaders who was often meeting me came to me to ask for accommodation in the two-bedroom annex which was lying vacant. I told him that cannot be done and the matter ended there. That student leader became a Barrister, and the last that I heard of him was that he was practicing law in the UK.

It was my practice to occasionally call the Tehsildar to my house to acquaint myself with his problems. The one which he repeatedly described, and appeared to be out of his hand, was the visit of top dignitaries and their entourage that appeared on the scene from November to March to hunt in the desert. Best sofa sets and other furniture had to be taken there, about 20 miles away, Yazman Rest House gateway to the desert. Appropriate catering arrangement had to be made. How he did all that was nobody’s concern. When I was Deputy Secretary Home for a short time I was asked to hold an inquiry in District Sanghar. There I found that the lower staff of all the departments had formed a pool of money which was used for entertaining the visiting superiors according to a uniform standard. Not bad.

A corruption case teaching many lessons

As District Magistrate my duty was to depute a Magistrate to lend credibility to the proceedings conducted by the anti-corruption department. I was supposed not to know the person against whom and the place where the raid was to be conducted. I deputed a magistrate for the purpose. The raid led to the recovery of Rs. 200 in tainted currency notes. A case was registered on the night of 26th/27th of December 1956. Before the trial started, the tainted currency notes kept in a sealed cover were stolen from the Police Station Malkhana. No other property there was touched. The doctor was convicted and sentenced to one year rigorous imprisonment and fine of Rs. 500 which was upheld up to Supreme Court. As regards the magistrate deputed to supervise the raid the High Court held that he had in his statement tried to help the convict. This finding was also endorsed by the Supreme Court. The convict remained in prison from 22nd December 1960 to 9th January 1961 and then bailed out. By an order dated 23rd June 1964, the Governor remitted the sentence subject to payment of a fine. The Chief Secretary reported that the Magistrate was administered a warning. In the Character Roll of the Magistrate, this warning was not recorded. He was retired in March 1972 under MLR No.114 and reinstated in service in January 1978 (most of the facts taken from Case No 4  Page 120 “Complete History of a corruption case reported in Law Journals Report of the Commission on Eradication of Corruption 22nd March to 30th of September 1979).

Hunting in the District

I had only one occasion to go hunting with a Minister. We were in a jeep. A deer was sighted. It started running, the jeep following. What a flight it was as if the deer was floating fast in the air. Shots were fired from the jeep. To my great surprise, the whole contents of the bowel fell on the ground but the deer continued running two furlongs and beyond. This was a good lesson for me in assessing the death time of individuals shot at, for determining whether they could make a dying declaration or not.

One of my Commissioners was very fond of hunting but he kept his trips secret and never informed his family. The instructions were that the prize would be sent as if coming from some other officer’s hunt. It went on well. However, once the Commissioner while on a shoot put two cartridges in one barrel of the gun. I do not know how he could do it. When he fired not only the barrel of the gun was blown up, his thumb also got seriously injured, as a part of the barrel. So, as they say, the cat was out of the bag, to the knowledge of everyone but to the shame of none.

Laws on Environment

There is a tendency in our culture to condemn everything colonial, except the Armed Forces which continue to be as colonial as colonialism itself. The penal laws of the subcontinent were framed in 1860, with what effort and reasoning behind every provision will be clear from portions cited in my paper on executive orders.

The Indian Penal Code (Act XLV of 1860) was drafted by the first Indian Law Commission of which Mr. (later Lord) Macaulay was the President and McLeod, Anderson and Millet the Commissioners. They drew not only upon English and Indian Laws but also upon Livingstone’s Louisiana Code and Code Napoleon. The Code was submitted to the Governor-General of India in 1837. It underwent further revision at the hands of Sir Barnes Peacock, Sir J.W Colville, and several others and it was completed in 1850. It was presented to the Legislative Council in 1856 and was passed on October 6, 1860. For the present, it is sufficient to mention Chapter XIV dealing with offenses affecting the public health Safety, Convenience, Decency, and Morals. The punishment may appear to be light, but that only shows the inattention of our legislators. The norms are clearly set out. Have we made it a part of our education system at school and home? If not, at least do not attribute destitution and incapacity to institutions which once a while asking the students to clean the place where they sit to work and learn.

Supervision of Commissioners

I had three Commissioners. Previous to the integration of States there used to be posted a Resident in each State to keep an imperial oversight over the affairs going on. After integration, the Commissioners took over. The first Commissioner that I had was cultured, soft-spoken literary type. Not much of interference by word of mouth or in writing, allowing a fair degree of independence though sizing up all the time. The second Commissioner was a different type talking to others what he should not be talking to himself. In Bahawalpur defamation of Government servant, as now in the whole of Pakistan violation of the order under Section 144 Cr.P.C, was made cognizable. One of the local newspapers published very defamatory and untrue article about the hospital and nurses there. I ordered the registration of the case, an executive act of mine. As the judiciary was separate I had no control over the trial. After a few months, the Commissioner called me and said his home government wants that the case be withdrawn. I had then no home government of his type so I told him I will do it when my home government directs me. The Commissioner had no legal power of doing what he wanted me to do. I was more shocked when I heard him saying everywhere that he will decide an appeal of the Minister only when he notifies his appointment as Member Public Service Commission. He got the notification while still a Commissioner. The last that I saw him was in Quetta, appearing before me as an Advocate in Pat Feeder case for which I had been appointed a Tribunal.

The third Commissioner was taking over when I was handing over the charge of Deputy Commissioner. I heard him saying to someone that officers of Indian origin are all spies of India. Within half an hour he asked me whether I would like to continue as Deputy Commissioner. He could get my order of transfer canceled. I requested him not to do so. I had waited too long, about two years, for being sent to the judiciary. In Lahore, I could request the Chief Secretary and the Chief Justice to expedite the matter.

Handing over the Charge of Deputy Commissioner

My successor came early in the morning to take over the charge. I requested him to take charge in the afternoon so that I could deal with numerous files and treasury documents. He said that the Minister had told him to take charge, the first thing on reaching there. So I took care to complete everything and handed over the charge before noon. The same afternoon, I was informed that in the company of the superintendent he had called on every elected member of the ruling party. Though surprised, satisfied that Bahawalpur had got a DC, not so old, but an embodiment of maturity and wisdom, and what is more, the Superintendent of the office had his status of being a Co-Deputy Commissioner restored. I was leaving Bahawalpur as I had found it. No trace of my being there was left.

Service in the Secretariat

The Minister from Bahawalpur, for Social Welfare and local Government, took me to his own department, as Deputy Secretary. It was fortunate for me because I had to see the finalization of Vagrancy Ordinance with which I had to deal for ten years as Chairman of Central Zakat Council and also in Eradication of Corruption Commission. After two months I was transferred to Home Department, where the work was more of executive type than of Secretariat. The day I took over there was a crisis to be handled. The telephones of all police stations in urban areas of Lahore stood disconnected for prolonged nonpayment of bills.  Such problems are reminders of the extreme sort, soon ended by less of palliatives and more of promises. Next, I was deputed by the Chief Minister to go to district Sanghar and hold an inquiry into the event of setting on fire a few huts of the tenants. Not much to do but more to learn.

I called on the Chief Secretary and explained to him my problem. He asked me to meet the Chief Justice. I met the Chief Justice and he showed no objection to it. Instead, he asked me to get more of the executive officers into the judiciary. When I asked my colleagues they either ignored the question or said that they could not pass the sentence of death. It was long afterward that I realized that given an option no wife of an executive officer would ever permit her husband to go over to the judiciary. At home, the judicial officer has a small desk, with a bulky file open and bulkier, at least three books open all the time whether the judge is there or not. No socialization, no enjoyable outings, not many visitors, more a life of recluse or hermit or of a grown-up student still laboring to clear a qualification examination which he has not been able to clear.

It so happened that in 1967 or near about, for reasons unknown to me, over ten officers of the executive were transferred to the judiciary. Younger officers were very happy to receive from the inspecting judges of the High Court the remark that they were unsuited for the judiciary. All, without exception, went back.

In 2014, in the United States, a professor contacted me, at the suggestion of a consultant with whom I had worked. She put me in contact with a student who wanted to do post-graduate studies on local governments in Pakistan. He was a DMG group officer, worked not above the post of Assistant Commissioner in Pakistan. He appeared to be talented, ambitious, out to make a mark for himself. I sent him a copy of my paper which was published in 1995 in a Peshawar newspaper. None, not even the lawyers, for whom it was written, cared to read it. I sent him another copy also, a paper on “Corruption in the Judiciary”, copies of which are available in consultants’ record in Pakistan. The only comment that I received on it was from World Bank official who said that this was the only paper that he could find on the subject. After two months of silence, the DMG officer contacted me to find out how did I manage to go in the judiciary and if there any chance now of his going in the judiciary. I told him very clearly that all doors are now shut, the Bar does not approve of it, the Bench does not approve of it, and the consultants do not approve of it. All this even after recognizing the fact that the best Chief Justice that Pakistan has so far produced, was an executive officer, without ever practicing as an advocate.

After reading this, he shut the door on me, never came back. How wise of him!