Remembering Justice Muhammad Habibur Rahman
It was on 11 January, 2014, when Justice Muhammad Habibur Rahman breathed his last and put an end to yet another era of excellence in the history of judiciary in Bangladesh. On the fifth death anniversary of the former Chief Justice of the Supreme Court of Bangladesh, Law Desk remembers his immense contribution to the realm of legal knowledge through his acumen and judicial activism.
“Under Article 102(1) of the Constitution, the High Court Division has been made the guardian for the enforcement of fundamental rights not only against the Executive but also against the Legislature. The judicial review with regard to the vires of a law passed by the Legislature flows from the court's constitutional duty to enforce a fundamental right.” – Asaduzzaman v Bangladesh (1990) 42 DLR (AD) 144.
“The court is to hold the balance between the State's need to prevent prejudicial activities and citizen's right to enjoy his personal liberty..” - Habiba Mahmud v Bangladesh (1993) 45 DLR (AD) 89.
“Complete justice may not be perfect justice, and any endeavour to attain the latter will be an act of vanity. In the name of complete justice if a frequent recourse is made to Article 104 of the Constitution, then the Appellate Division will be exposed to the opprobrium of purveyor of “palm tree justice.” - AFM Nasiruddin v Mrs. Hameeda Banu (1993) 45 DLR (AD) 38.
“The citizenship, though not mentioned as a fundamental right in our Constitution, is to be considered as the right of all rights as on it depends one's right to fundamental rights expressly provided for a citizenship in Part III of the Constitution and his right to seek court's protection of those rights.” - Bangladesh v Professor Golam Azam (1994) 46 DLR (AD) 192.
Comments