As Pakistan emerged from the shadows of military rule, dismembered and disenchanted, democratic governance and progressive politics promised a better future for the masses. The adoption of Pakistan’s first constitution by an elected assembly in 1973 added to the optimism for constitutionalism and rule of law. This optimism was quickly dispelled as the elected government of Zulfiqar Ali Bhutto (1970–76) proved itself to be as authoritarian as its predecessors and very much within the mould of postcolonial governance. The courts, which attempted to rely on the new constitution to protect fundamental liberties and provide a voice to the opposition, were soon undermined by constitutional amendments designed to curtail judicial review. Chapter 4 describes this failure of formal democratic constitutionalism in the face of an elective dictatorship. It also charts how, nonetheless, the superior courts insisted on minimal procedural safeguards against the enforcement of state security and public order laws and pushed the envelope of the judicial review of executive action.

The day of Pakistan’s capitulation in December 1971 became Bangladesh’s Victory Day. As liberation and independent statehood became realities, a mood of exuberance took hold of the delta. But the new state was faced with enormous problems: extensive war damage to the economy, dealing with collaborators and caring for war victims. The Awami League was at the helm and won the first elections but soon proved not up to the task. Two years after independence the country was in profound economic and political crisis, and for most people the situation had become almost unbearable. Even worse, famine struck and, reverting to Pakistan’s model of authoritarian rule, politicians were swept aside by three successive coups d’état that installed a military dictatorship.

In the 1960s the unpopular military dictatorship was challenged by a political party (Awami League), and its leader (Sheikh Mujibur Rahman) gained mass popular support. The first general assembly elections in Pakistan resulted in a landslide victory, giving the Awami League an absolute majority in the all-Pakistan assembly. Politicians and army men from West Pakistan refused to hand over the reins of the state, as East Pakistan spinned out of control. A violent confrontation had become inevitable.