262. Telegram From the Embassy in Pakistan to the Department of State1

9348. CINCPAC for POLAD. Subject: Bhutto Arrested by Martial Law Authorities. Ref: Islamabad 9303.2

1. The growing confrontation between the Martial Law Administration and former Prime Minister Bhutto took a decisive turn with Bhutto’s arrest and General Zia’s announcement Bhutto would be tried in a martial law court. It had become increasingly evident in the past week that the MLA was fearful of a pro-Bhutto political upsurge and was determined in one way or another to assure that Bhutto never resumes public office in Pakistan.

2. In his announcement on September 17, Zia said that Bhutto will be tried by a military court and a judgment will be reached before the October 18 election date. Zia said that when he assumed power he [Page 634] pledged he would be fair and impartial. However, the “free press and independent judiciary” had unearthed “serious irregularities” proving the misdeeds of the Bhutto government. Zia contended that the inquiries have shown that during the past five and a half years, “all civil institutions were systematically destroyed,” public funds were used for “personal luxury,” “primitive, inhuman and barbaric methods were employed to crush all dissident elements,” the March elections were “massively rigged,” and the PPP stayed in power without “moral or legal cover.”

3. After reciting the extensive charge sheet, Zia added that Bhutto had said he wanted a fair trial before polls and Zia had decided to oblige him. Consequently, he will be tried before a military court with a verdict before elections. Zia closed by repeating he will not interfere in the civil court cases against Bhutto, that he maintains his neutrality toward all political parties, and that elections will be held October 18.

4. Among the more prominent of Bhutto’s colleagues arrested are PPP Secretary General Bhulam Husain, party Vice President and most prominent leftist Sheikh Rashid, Hafeez Pirzada, former Frontier Chief Ministers Nasrullah Khattak and Jadoon, Baluchistan PPP leader Raisani, and Sind leader Mumtaz Bhutto. All were arrested under a martial law regulation authorizing the detention of anyone acting contrary to the security, public safety or interest of Pakistan. Although there were demonstrations against the arrests in Bhutto’s hometown of Larkana, the country remains generally quiet on the eve of full-scale campaigning.

5. Those arrested are either prominent Bhutto sycophants with no political base or the more leftist of the PPP leadership. The only exceptions are Mumtaz Bhutto, the PM’s cousin, and Jadoon from NWFP. Notable for their absence from the list are Kauser Niazi and other leading members from the conservative faction of the party.

6. Zia obviously hopes the PPP will still contest, but that it will be a PPP emasculated by a martial law conviction of Bhutto and in the hands of more conservative elements of the party. Zia may assume that without Bhutto on the hustings, the party cannot carry the Punjab, and a more conservative PPP would be an acceptable opposition in the new National Assembly.

7. There is little doubt about the outcome of the military trial. First, we think there is probably adequate evidence to demonstrate illegal activity by Bhutto and his colleagues. Second, Zia has already branded Bhutto publicly as guilty of heinous crimes; we do not think a jury of subordinate military officers will disagree. Although no formal charges have yet been filed, we assume they will be closely defined and directed at, for example, misuse of funds and criminal abuses of power rather than broad-brush charges of general treasonous activities. The more [Page 635] general charges may be raised separately before the special court (reftel) announced earlier to hear treason charges.

8. Zia’s answer to the Bhutto political conundrum reflects the General’s personality—blunt, direct, quick and lacking in subtlety. However, as a political solution, Bhutto’s arrest by the MLA and a military trial have some drawbacks. Bhutto’s removal from the political scene by the arm of martial law may leave a long-term legacy of martyrdom and challenges to the legitimacy of any government elected in a process that eliminated Bhutto by questionable means. Another risk remains: That the PPP will continue to be a vehicle for “Bhuttoism” in Pakistan, perhaps under the leadership of Begum Bhutto, and present the MLA with the ultimate challenge by winning the October elections with its martyred leader in jail. Equally improbable scenarios have come to pass in Pakistani politics.

Hummel
  1. Source: National Archives, RG 59, Central Foreign Policy File, D770339–0357. Confidential; Immediate. Sent for information to Ankara, Colombo, Dacca, Kabul, Karachi, Lahore, London, New Delhi, Paris, Tehran, and CINCPAC.
  2. Telegram 9303 from Islamabad, September 15, reported the establishment of a special court in Pakistan, the purpose of which was to try any offense punishable under the 1973 High Treason Act. The telegram also transmitted remarks made by Zia during an interview with an Urdu language newspaper, in which Zia purportedly characterized Bhutto’s government as “a Gestapo-style police state.” (National Archives, RG 59, Central Foreign Policy File, D770334–1105)