the present situation. Whereupon Sheikh had told him that in view of all that happened and the mood of the people, nothing short of acceptance of the demands raised by him on March 7, in particular immediate withdrawal of Martial Law, and transfer of power to the elected representatives of the people, would suffice. Yahya then said that he had been advised that there were legal difficulties in withdrawing martial law before constitution was framed. Sheikh Mujib thereupon had said that he would ask his legal experts to meet Yahya's advisers to discuss this matter and convince them that no legal difficulty would arise.
Following this, Sheikh directed that I should meet Lt. Gen. Peerzada the same evening, to discuss this point about the supposed legal difficulty. I met Peerzada that evening, and availed of the opportunity to charge Pecrzada that they had been guilty of gross impropriety in postponing the Assembly in the way in which it had been done and told him that this had been taken as an affront to the entire Bengali people. He appeared uncomfortable and defensive. He then came to the question of the demands for immediate withdrawal of Martial Law and transfer of power to the elected representative. He argued that if Martial Law were withdrawn before any Constitution was framed, then there would be legal vacuum. I immediately countered this argument by saying that during the interim period between the withdrawal of Martial Law and the adoption of a Constitution, an Interim Arrangement's Order (in effect a provisional Constitution) could be in force and this could be promulgated by President/Chief Martial Law Administrator, by the same Order, which he revoked Martial Law. This argument was to feature prominently in the ensuing negotiations.
On the following morning, March 17, Sheikh Mujib met Yahya and reiterated his demand for withdrawal of Martial Law and transfer of power to elected representatives. Yahya again mentioned legal difficulties and stated that he has sent for Justice Cornelius, now his legal adviser, to consider these questions. A meeting between Yahya's advisers and the Awami League team was proposed. On the evening of 17 March, Syed Nazrul Islam, Tajuddin Ahmed and myself were deputed to sit in negotiations with Yahya's advisers namely, Peerzada, Cornelius and Col. Hassan (the Judge Advocate General). The meeting commenced with Peerzada observing that the discussions between Sheikh Mujib and Yahya that morning had proceeded on the basis that Yahya would make a Proclamation. He indicated certain basic elements which were to go into such a Proclamation had emerged from these discussions. According to him, Sheikh Mujib bad Proposed that a Constitution for the Eastern Wing should be drawn up by the Members from the Eastern wing separately and Constitution for Western Wing may be drawn up by the Members from the Eastern Wing separately and a Constitution for the Western Wing may be drawn up by the Members from the West and thereafter they should sit together to make a Constitution for Pakistan. It was also indicated that provision should be made for the East wing to enjoy autonomy on the basis of Six-Points. In the West the Provinces would enjoy autonomy to the extent enjoyed by a Province under the 1962 Constitution, the additional powers to remain with the Centre. Cornelius suggested that such an Instrument-a Provisional Constitution-should be brought into force by a Resolution of the National Assembly. It was then suggested that it would be best before the drafting of the Instrument was taken in hand, for the advisers both sides to sit in a plenary meeting with Sheikh Mujib and Yahya so that basic guidelines could be obtained from them.
