Yahya Bakhtiar was a lawyer who served as the Attorney General of Pakistan. Yahya was born in 1921 at Quetta, Balochistan, Pakistan. Born into Pashtun family, Yahya Bakhtiar studied at schools in Quetta and Lahore. He studied Law in London and was called to the Bar in the United Kingdom. Yahya Bakhtiar became a member of the All-India Muslim League in 1941.
Yahya Bakhtiar, as the attorney general, played a key role in framing of the 1973 Constitution of Pakistan when he served in Prime Minister Zulfiqar Ali Bhutto's cabinet.[1]. His biggest contribution was cross-examination of Mirza Nasir Ahmad, leader of the Non-Muslim Qadiani group in front of the parliament committee. Yahya Bakhtiar died on June 27, 2003 in Karachi, Sindh, Pakistan. |
Monday, the 5th August 1974
The Special Committee of the Whole House met in camera in
the Assembly Chamber, (State Bank Building), Islamabad, at ten of the clock, in
the morning, Mr. Chairman (Sahibzada Farooq Ali) in the Chair.
Sahibzada Farooq Ali (born September 5, 1931) was the ninth Speaker of National Assembly of Pakistan. He was elected from the city of Multan. He was a landlord and belonged to Toor Tribe and was originally from the Wayanwali village near Ghakhar Mandi, Wazirabad.
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RECITATION FROM THE HOLY QUR’AN
Procedure of Cross Examination
Mr. Chairman (Sahibzada Farooq Ali): I think we will
start just within 5 minutes. The Attorney General is busy in my chamber
discussing the questions with Maulana Zafar Ahmad Ansari and he will be here
within two or three minutes.
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Zafar Ahmad Ansari (1991 - 1908) Pakistani
Muslim politician and joint secretary of All India Muslim League. He was
an expert in constitutional law and Islam. He was elected as an independent
member of National Assembly in 1970 elections. He was the member of the “The
Assembly to Protect the End of Prophethood” (Majlis-e-Tahaffuz-e-Khatme
Nabuwwat) in 1974. He also closely coordinated
with the then Attorney General Yahya Bakhtiar in gathering material for cross
questioning.
He was appointed to the Council
of Islamic Ideology in Pakistan in
1977. He was amongst the members of Mutamar Alim e Islami. He was the
founding Chairman of the commission setup by President General Zia Ul Haq to advise Islamic changes in
constitution in the light of Shariah. It
was later named as Ansari Commission.
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Yes, bring them. They should come to the house. They can
discuss here. No, not right now. Ask the delegation to come downstairs. And again,
I will request the honourable members that in the presence of the delegation
and in the presence of the witness no controversial issues should be raised.
The Attorney General may be allowed to put the questions, and if honourable
member is not satisfied with the question or he thinks that the answer is evasive,
he can send a chit to me or to the Attorney General; and if something of a very
important nature comes to the notice of any honourable member, he can make a
request and we can adjourn the House for five or ten minutes. We can ask the
witness to wait outside and we can discuss the matter among ourselves.
Yes.
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Mohammad Hanif Khan was a politician who served as
the Finance minister of Pakistan from 22 October 1974 to 28 March
1977. He was from the city of chichawatni, Sahiwal which is in
the Punjab. He was the elder son of Ch. Nawab khan who migrated from
garhshankar, hoshiyarpur India.
He was barrister at law from Lincoln's Inn, and was
an honorable member of the society of Lincoln's Inn. After that he came to
Pakistan and started his political career in 1970 with the Pakistan
People's Party. He was twice elected as a Member of the National Assembly and
was assigned a number of different ministerial portfolios over a span of
seven years.
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Muhammad Hanif Khan: If a person thinks of any new
question at the spot then what is the procedure for this?
Mr. Chairman (Sahibzada Farooq Ali): About that…
Muhammad Hanif Khan: Should we write it to the Attorney
General?
Mr. Chairman (Sahibzada Farooq Ali): You can note it
down and give it to the Attorney General. And Attorney General said the day
before yesterday during the Steering Committee that as a lawyer there are
difficulties, every lawyer has its own method. So, he said (method of) putting
the questions and getting the answers. For two hours or for one day, let him be
allowed to have a free hand in cross-examination and if the honourable members
fee that something is missing or lacking, they can guide him and instruct him.
Mr. Attorney-General, have you anything to say? Have you anything to add? Okay
should we call the witness? One thing also, I will request that during the
cross-examination the quorum may be kept 10 from this side and 30 from that
side. The honourable members can come and go but the quorum may be kept in
tack.
Yes, call them in.
I will request the honourable members to be in their seats.
Can come nearer, to the un-occupied seats according to their choice. If they
want to site where they are, it is up to them.
The Delegation entered the Chamber
OATH-TAKING BY WITNESS OF THE QADIANI GROUP
Mr. Chairman (Sahibzada Farooq Ali): Now we will
start with the proceedings. I will request the witness to take the Oath.
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Hāfiz Mirza Nasir Ahmad (16 November 1909 – 9 June 1982)
was the third caliph, head of the Ahmadiyya Community. He was
elected as the third successor of Mirza Ghulam Ahmad on 8 November
1965. In England, he obtained Master of Arts degree in the Tripos (P.P.E.) Political
Science, Philosophy and Economics from Balliol College, University of Oxford.
From
May 1944 to November 1965, he was principal of the Talim-ul-Islam College,
first in Qadian, then after partition, in Rabwah, Pakistan.
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Mirza Nasir Ahmed (Witness, Leader of Ahmadiyya Community
of Rabwah): I solemnly swear (believing Allah is Omnipresent (Hazir and
Nazir)) that whatever I will say, I will say with faith/honesty.
Method of Recording the Cross-Examination
Mr. Chairman (Sahibzada Farooq Ali): Yes, the
Attorney-General. For the Reporters, for every question and answer there should
be separate sheet. Yes.
Muhammad Hanif Khan: The proceedings are going to be
lengthy; I think if the Attorney-General can keep on sitting, that will be much
better.
Mr. Chairman (Sahibzada Farooq Ali): It is up to him.
Muhammad Hanif Khan: He might face some difficulty.
Mr. Chairman (Sahibzada Farooq Ali): It is up to him.
It is up to the Attorney-General, because we allowed the witness even to make a
statement while sitting.
Muhammad Hanif Khan: That is why. It is up to him.
Mr. Chairman (Sahibzada Farooq Ali): It is up to him.
Cross-Examination of the Qadiani Group Delegation
Mr. Yahya Bakhtiar (Attorney-General of Pakistan): Mirza
Sahib, I would be asking you certain questions, but if you find that you don’t
want to answer any question or you cannot answer any question…
Mr. Chairman (Sahibzada Farooq Ali): The mic…
Mr. Yahya Bakhtiar (Attorney-General of Pakistan): I
repeat…
Mr. Chairman (Sahibzada Farooq Ali): The mic is all
right but the…
Mr. Yahya Bakhtiar (Attorney-General of Pakistan): Will
you…
Mr. Chairman (Sahibzada Farooq Ali): No, honourable
Attorney-General is tall.
One member: Yes.
Mr. Yahya Bakhtiar (Attorney-General of Pakistan): No,
its all right.
Mr. Chairman (Sahibzada Farooq Ali): The member can
use the earphone.
Mr. Yahya Bakhtiar (Attorney-General of Pakistan): I
will be asking you certain questions. If you find that you cannot answer these
questions or any one of them or you do not want to answer that question. You
are not bound to do so. But you will appreciate that the Special Committee will
draw such inference as it considers appropriate from your refusal to answer any
particular question. That inference may be favourable to your cause or may be
adverse. If you are not in a position to answer any questions straightaway, you
may ask the Committee for time; and if it so considers, it will give you time
to answer the question.
Now, Sir, will you tell us who was the founder of the
Ahmedia Movement?
Mirza Nasir Ahmed (head of
the Ahmadiyya Community): For this matter, I will request that I
should be given time. Tomorrow, I will present written document to you.
Mr. Yahya Bakhtiar (Attorney-General of Pakistan): Thank
you.
You are Mirza Ghulam Ahmad’s grandson?
Mirza Nasir Ahmed (head of
the Ahmadiyya Community): Yes.
Mr. Yahya Bakhtiar (Attorney-General of Pakistan):
His son’s son?
Mirza Nasir Ahmed (head of
the Ahmadiyya Community): His son’s son.
Mr. Yahya Bakhtiar (Attorney-General of Pakistan):
Will you please give us some brief account of your life, your education, your
date of birth? Because the whole record is being prepared, that’s why I am
asking.
Mirza Nasir Ahmed (head of
the Ahmadiyya Community): I have herd that I was born on 16 November
1909…
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Miangul
Aurangzeb 28 May 1928 – 3 August 2014) was the last Wali Ahad (Crown Prince)
of the former Swat State, the son of the last Wali of Swat, Miangul Jahan Zeb
and the son-in-law of the former president of Pakistan, Muhammad Ayub Khan.
He served in the National Assembly of Pakistan and as governor of Balochistan
and subsequently as governor of the Khyber-Pakhtunkhwa.
In 1970 the first ever one-man one-vote general elections
were held in Pakistan, which marked a new chapter for the former ruling
family of Swat. Aurangzeb was elected on a Muslim League platform, defeating
a strong candidate of the National Awami Party.
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Mian Gull Aurangzeb: Ganab, cant’ hear the sound.
Mr. Chairman (Sahibzada Farooq Ali): You can increase
the volume little bit. Not too much, other wise it will be noisy. Is it all
right ?
Mirza Nasir Ahmed (head of
the Ahmadiyya Community): I was born on 16 November 1909. I think
Metric records are off by few days. The actual date of birth is 16 November
1909. It is been told to me that after that my Grandmother took care of me and
I was raised with her. I didn’t lived with my mother. And by Grandmother I mean
the wife of the founder of the Ahmadiyya movement. During childhood, I first did
Hifaz of Quran. Then I learned Arabic. I passed the exam of Maulvi Fázil in
1929.
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The
degree “Maulvi
Fázil”, first introduced by the Oriental College of the Punjab University
(Lahore) in the 1920s, was equivalent to a B.A. degree in Arabic, such as could
be obtained on completing the fourteenth class of a degree college.
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And then in 1930 I passed
Matric exam with all subjects. And then after spending four years in Government
College, Lahore, in 1934 I passed the B.A exam in philosophy and psychology. In
1934, I got admission in Balliol College, University of Oxford, their first
term start from October over there. And in 1938 I passed what they call in
their language P.P.I meaning Philosophy, Political Science and Economics, in
these subjects I completed B.A. and according to their regulations, if someone
stay enrolled after spending few year in the college, receives an honouree M.A.
degree, that I received because Jamaat…
For this purpose, my life was
waqf, I was appointed as the Principal of our college Talim ul Islam in 1944.
And I remained the principal of the college from 1944 to November 1965. First
in undivided India, then division happened, and Pakistan was created and our
college came here and because all our library, books, and science equipment was
left there, we had to start everything again over here. And till 1965, I served
the nation as the Principal of the college. And in November 1965, the Ahmadiyya
Community appointed me as their Imam through election.
