A G Noorani: The Great Betrayal II

The Governor-General sent the Law Secretary Sir Edward Snelson to Ceylon — as it was called then — to seek Jennings’ advice.

Maulvi Tamizuddin Khan, president of the Constituent Assembly, had decided to challenge the dissolution in court. His petition was drafted by Syed Sharifuddin Pirzada. Maulvi Saheb’s means were not modest.

McGrath writes, “Jennings agreed to return to Pakistan as an adviser on litigation and also to help prepare a new constitution for the Governor-General. Having access to public funds, Ghulam Mohammad did not have the same financial problem as Tamizuddin Khan and the assembly. He was able to offer Jennings a retainer which amounted to over seven times the annual compensation paid to Pakistan’s Chief Justice of the Federal Court, and in addition Jennings received a generous living allowance during his stay in Pakistan. The money was well-spent by Ghulam Mohammad, for Jennings proved to be the ideal person to mastermind Ghulam Mohammad’s court defence and to justify the assembly’s dissolution.”

McGrath cites Snelson’s letters to Jennings written on November 3 and 6, 1954 in a footnote. This writer has the full text and it makes dismal reading. The letter written on November 3 from Peradeniya records their talk earlier that day when Jennings asked for the queries in writing. The very next day Jennings replied to Snelson. He wanted formal instructions “as one of Her Majesty’s Counsel.” He must be “consulted professionally.” He had been engaged for a fee on the draft Constitution which was complete. This was a new matter. What does it matter if his advice was sought by the president of the assembly “whose instructions I have hitherto observed as to the present status of the assembly.” This surely disqualified him from accepting a brief from the president’s adversary who had dissolved the assembly and consigned the draft which Jennings regarded fit for the wastepaper basket....