For a country of Pakistan’s legal traditions and international standing the decision to try Shaikh Mujibur Rahman in secret is lamentable. The charge of “waging war against Pakistan” is on the face of it absurd, an inflation in words of a retrospective judgment arrived at by the military leaders whose disastrous policy was put into effect when Shaikh Mujib was arrested.

The opportunities for defence that should be freely available even to a man who is tried in secret have at least in part been, denied, judging from the letter we published yesterday from his lawyers in London. In view of the Pakistan Army’s record in East Pakistan since the end of March it is difficult to have any confidence that this secret trial by a military court will abide by acceptable rules of law. The manner of it is shameful, and where justice is secret there is a strong assumption that it is in fact unjust. It will be a catastrophe if a country where the legal profession has done its best to uphold the rule of law throughout a long period of military dominance should now damage itself in the eyes of the world.

Such must be the reaction even of many who are still fully prepared to accept the desirability of keeping Pakistan united so long as there is a realistic chance of unity. Major adjustments within the broad framework of unity must now be the only way that will prevent ten times as much suffering for East Pakistan as it has already endured. Shaikh Mujib is the only leader of East Pakistan who is in a position to negotiate a settlement, and avert a further tragedy.

What hope can there be in Pakistan’s serious intention of resuming negotiations if a death sentence is imposed? Shaikh Mujib is so clearly the only man who commands in East Pakistan the public confidence that could help to persuade his people to accept a new relationship between the eastern and western wings of the country. The pretence that any other organization but the Awami League can do this underlines the political inexperience of the military rulers in Dacca. The claim that Shaikh Mujib has himself forsaken any chance of keeping Pakistan united is an assertion after the events of March: the Pakistan Government's own White Paper does not offer any conclusive statement by Shaikh Mujib showing that he saw no solution but independence for East Bengal. If he is removed from the scene his place would be taken by more extreme—not by more moderate—leaders.

There is much room for argument over the concessions that both sides would have to make if any kind of compromise is to be reached that would preserve Pakistan's unity. While the present tension lasts no one could define the part Shaikh Mujib might play in such negotiations, though he would seem to be the indispensable person who could finalize any settlement. If, then, he were to be sentenced to death in this trial the action could only confirm in the minds of all observers that the political policy of the Pakistan Government had shown itself to be quite incapable of moving towards any sensible settlement

Conditions have been such as to make a balanced picture of this year’s events in Bengal very difficult to obtain. Yet attempts made by Pakistan spokesmen to correct any bias that seemed to exaggerate the brutality of their military forces have done little to rebut the evidence that the repression then begun in East Pakistan was disastrous and grossly excessive. It must therefore be emphasized that such critical opinion would be angered to the point of final alienation by a death sentence on Shaikh Mujib.

The hopes of negotiation would be dashed by it. The credit of Pakistan would be irretrievably lowered with the inevitable result that new attitudes to the situation would come to be adopted. Policies for aid would come up for scrutiny, particularly in the United States, not because anyone believes that aid can or should dictate the actions of governments but because public feeling might at least demand abstention. From that would follow a reconsideration of the possibility of reconciling East Pakistan. Inevitably many governments would find themselves taking a new look at the new situation confronting them. We must all make the strongest pleas that Shaikh Mujib be spared.