Indomitable March: Bangabandhu calls on Yahya
March 16, 1971
Bangabandhu met Yahya on the morning of March 16. He arrived at the president's house in a car flying a black flag to mourn the death of those killed during the ongoing non-cooperation movement.
It was an hour-long discussion. There were no aides on either side. Yahya started the discussion with explanation for his action in postponing the National Assembly. Bangabandhu charged him with a grave blunder in failing to consult the leader of the majority party before taking such a decision.
Yahya offered that he would find a way out of the present impasse. Sheikh Mujib told him that nothing short of acceptance of the demands raised by him on March 7, particularly immediate withdrawal of martial law and the transfer of power to the elected representatives, would suffice. Yahya expressed his reservation about the withdrawal of martial law saying that there were legal difficulties in withdrawing martial law before framing a constitution. Thereupon, Bangabandhu told him that he would ask his legal experts to sort out the issue with the president's advisers.
On the same evening, Kamal Hossain, being directed by Bangabandhu, met Lt Gen Peerzada, principal staff officer to Yahya Khan. In reference to the immediate withdrawal of martial law, Peerzada argued that it would create a "legal vacuum".
Kamal Hossain countered the argument and said that an Interim Arrangements Order (effectively a provisional constitution) could be in force during the interim period between the withdrawal of martial law and the framing of a constitution. He further argued that this arrangement could be made by the same order by which the president revoked martial law. This argument was to feature prominently in ensuring negotiations, shares Kamal Hossain. [Kamal Hossain, Bangladesh: Quest for Freedom and Justice, UPL 2013, pg-91-92]
INDIA BANS MILITARY AIRCRAFT FLIGHTS
The New York Times reported today that India banned flights of military aircraft belonging to any nation over the Indian territory to East Pakistan. Pilots of civilian planes of other nations flying from West Pakistan to East Pakistan was told to make a "technical stop" in India, apparently to insure against transport of arms and military forces.
It may be mentioned here that India earlier had barred flights of Pakistani military and civil aircraft following the hijacking and blowing up of an Indian airliner last month by Kashmiri insurgents in Lahore. Mujib termed the incident of hijacking "a conspiracy by the Pakistan government to postpone the transfer of power" while Bhutto hailed the allegedly "Pakistani" hijackers as "national heroes". The Pakistan government conducted a judicial inquiry subsequently which found that the hijackers were Indian agents from the India-occupied part of Kashmir. [GW Choudhury, The Last Days of United Pakistan, UPL 2011, pg-162]