Justice Murshed was a firm advocate of unfettered democracy. No wonder therefore, that he was not happy with the so-called basic democracy

Prof A F Salahuddin Ahmed

The late Justice Syed Mahbub Murshed symbolized all that was best in Bengali culture tradition. He was born on 1911 in an aristocratic family of Murshidabad district of West Bengal. His father Syed Abdus Salik was a Deputy Magistrate. He was an accomplished oriental scholar. His mother was a sister of Sher-e-Bangla A. K. Fazlul Huq. From his ancestral background Mr. Murshed had acquired a rare degree of urbanity and refinement together with a deep love for learning both Eastern and Western. His great uncle Sher-e-Bangla Fazlul Huq had instilled into his mind a profound sense of patriotism and love for the common man. the under privileged and the downtrodden. After obtaining his B. A. Honours and Master’s degrees in Economics as well as Bachelor of Law degree from the Calcutta University. Murshed went to England for higher studies in law. He was called to the Bar from the Lincoln’s Inn in 1939 . While in England Murshed had come in contact with some of the leading British liberals and socialists who were sympathetic to the political aspirations of the people of the Indian sub-continent. It may be noted that the intervening years between the two World Wars (1919 —1939) saw on one hand, the rise of Nazi and Fascist dictatorship while on the on the other, there was an upsurge of democratic, nationalist, anti-imperialist and anti-fascist forces to resist all kinds of exploitation and tyranny.

During the great Bengal famine of 1943 Murshed rendered valuable service. He was actively associated with the relief operations of Anjuman-e-Mufidul Islam particularly in distributing food to the poor and the destitute in different areas of Calcutta. During the Great Calcutta Killing of 1 946 he came forward to give relief to the riot-victims and helped in their rehabilitation. He also worked to reestablish communal harmony.

After partition of India in I 947 Murshed continued to practice at the Calcutta High Court. But the outbreak of large-scale communal riots in I 950 in both West Bengal and East Pakistan created a serious threat to life and security of the minorities in both the regions. The situation had somewhat improved after the Nehru-Liaquat Pact of 1 950. Murshed actively helped in implementing the Pact. But in view of continued uncertainty and attention lie migrated to Dhaka with his family in 1 95 I. He then started his practice at the Dhaka High Court and resolved to identify himself with the hopes and aspirations of the people of his region.

Thus during the language movement of I 952 he gave solid support to the demand for making Bengali as one of the state language of Pakistan. At the time of the provincial elections of 1 954 Murshed assisted Sher-e-Bangla FazIul Huq and other United Front leaders in formulating the Twenty-one demands. In I 955 he was appointed a Judge of Dhaka high Court. From now on Justice Mursheds career entered a new phase. He was a fearless champion of the rule of law and an unflinching advocate of equity and fairplay in all aspects of national life.

A handful of Bengali Muslim intellectuals were induced to issue a public statement declaring that since Tagore was not a Muslim his works could not provide inspiration to the development of a distinct Bengali Muslim literary and culture consciousness. in addition to Islamic religious element derived largely from the Sufi saints and Muslim rulers of Perso-Afgan and Turko-Mughal origin. the culture of the Bengali Muslims had been greatly enriched by admixture and assimilation of a variety of indigenous elements which had given it its distinctive character. Both Rabindranath Tagore and Kazi Nazrul Islam represented this unique culture tradition. It was a composite. syncretistic and humanist tradition in which the Bengali-speaking people irrespective 6f their religious faith could always take pride. This realization in face of the Pakistan government’s move to denigrate Tagore aroused a new culture renaissance amongst the Bengali intellectuals of the then East Pakistan. This was reflected in the unprecedented enthusiasm with which the birth anniversary of Tagore was celebrated in the country. Justice Murshed ignoring the displeasure of the government agreed to be the Chairman of the Tagore birth centenary organizing committee. His towering personality was a great source of strength to the committee. The popularity of Tagore songs increased manifold.

In I 964 Justice Murshed was appointed Chief Justice of the Dhaka High Court. The dignity which be brought to this exhausted office, the extraordinary impartiality profound wisdom, remarkable insight and deep respect for human values which were reflected in his judgments won for him universal acclamation. He believed that justice should be administered not solely according to the letter of the law but according the spirit of the law. He always maintained that a judge should conduct himself in such a manner that the people’s faith in the rule of law is never shaken. He believed like Lord Action that ‘no law is valid against the conscience of mankind.”

Justice Murshed was a firm advocate of unfettered democracy. No wonder therefore, that he was not happy with the so-called basic democracy introduced by the military President of Pakistan, Field Marshal Ayub Khan. It was nothing but dictatorship in a democratic grab. Attempts to curb the independence of the judiciary seriously disturbed his mind. I-Ic therefore took the momentous decision to resign from the post of Chief Justice in November I 967. Although lie did not join any political party, he fully supported the Six Points Programme which had been put forward by Sheikh Mujibur Rahman. Henceforth lie resolved to work for promoting the cause of democracy in the country.

The tragic events following the Round Table Conference greatly distressed Justice Murshed. His health had already deteriorated. During the I 971 War of Liberation the Pakistan military regime had tried to involve Justice Murshed despite possible threat to his security boldly refused to collaborate with the regime. It is a matter of regret that the service of this noble man, great jurist, fearless judge and a committed intellectual who had always upheld democratic and human values, were not utilized by the Bangladesh Government after liberation. After suffering from protracted illness Justice Murshed passed away peacefully on April 3, in I 979. When shall we realize that a nation which does not honour its great sons can never achieve greatness?”

Comments

Add New

Write comment
Name:
Email:	We don't publish your mail. See privacy policy.
Title:
	Please input the anti-spam code that you can read in the image.