Justice Murshed
Ifirst met Justice Murshed most probably sometime in the mid-fifties at a national seminar where issues like the inter-elationship between nationalism and culture were discussed and debated. He spoke brilliantly. His talk displayed his firm grasp of the many dimensions of the subject, intellectual breadth and range, ability to develop his point of view through lucid logical arguments bolstered by quotations from great writers of several languages, many erudite references and wonderfully felicitous phrases. It was a treat to listen to him. One could immediately see that he was interested in the subject, that he spoke sincerely and with conviction and that here was true learning and not its pretence, which unfortunately we came across, not infrequently, in quite a few of our academics. I was also a participant at the seminar and he later complimented me on my paper. It was most gracious of him and a source of encouragement to me.
Grace, urbanity, good-natured, wit and humour, kindliness and sympathy and a capacity to appreciate the other man's point of view were characteristic of Justice Murshed's personality. In many ways he was a true aristocrat, in the best sense of term. He was also firmly committed to the ideals of democracy, to upholding the cause of justice against extreme odds and to keeping the flag of liberty flying in defiance of all kinds of pressures from the highest quarters. Everyone knows about his role during the mass upsurge of 1969. During the liberation war of Bangladesh in 1971, a lot of pressure was brought to bear upon him to collaborate with Pakistani occupation junta which he consistently resisted with success. One also recalls in this context his valuable, conscientious and earnest efforts in organising the defence of the Agartala Conspiracy Case in which task he threw himself selflessly after resigning from the post of Chief Justice in late 1967. He was very sensitive to the question of cultural freedom. The support he gave to those who wanted to preserve this cultural freedom during the repressive regime of Ayub Khan revealed his stature as a man of courage and vision, truly civilized and cultured, and above all narrow sectarian and parochial considerations. In 1961 Justice Murshed played a leading role in organising the Tagore Centenary celebrations in Dhaka in defiance of the expressed opposition of the Pakistani rulers of the day. In his presidential address in the main function at Dhaka he gave a moving assessment of Tagore as a world poet, a devotee of beauty and relentless fighter against evil, injustice, ugliness and tyranny of every kind.
In his role as a Justice, one feels happy and proud to observe that Mahbub Murshed lived up to the highest tradition of that lofty calling. He mentioned in one of his well-known addresses that he was greatly influenced by the profound learning of Aristotle, Imam Abu Hanifa, Justinian, Francis Bacon and modern giants like Holmes and Cardozo. For him, the function of a justice was far from being mechanical. Reference to precedents and examination of points of law as codified in various authoritative books were, no doubt, important parts of it, but they were not all. Let me quote his own words in this regard: "The truth is that the function of justice in the task of interpretation begins, flourishes, lives and progresses in the currents of human need to which it steadfastly responds." Justice Murshed was ever aware of these currents of human need. It was obviously this awareness that prompted him to incorporate in one of his stirring judgements the well-known lines of Shakespeare from Measure for Measure:
O! it excellent
To have a giant's strength, but it is tyrannous
To use it like a giant."
Justice Murshed's dedication to his vocation, total fearlessness and fierce independence of spirit have carved for him in our hearts an abiding niche of love, affection and respect. The judgements he delivered in the famous cases popularly known as the "Minister's Case", "Colonel Bhattacharya's Case" and "Pan Case" are still regarded as historic for his brilliant exposition of constitutional law, among other things.
Justice Murshed is no longer with us. But his example rests with us as a source of noble inspiration. Today, we are in dire need of men like him, men who can act in accordance with the ideals that Justice Murshed upheld and fostered. I am reminded at this point of the closing words of Presidential address that Justice Murshed delivered in 1967 at a seminar on the Rule and Law. Let me quote:
"The spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; the spirit of liberty is the spirit which emanates from the faith that there may be a kingdom where the least shall be heard and considered side by side with the greatest. In that spirit lies hidden, in some form, the aspirations of us all. In that spirit, I ask you to pledge our faith."
Moving words! And very pertinent at the present moment when the spirit of liberty seems to be threatened in so many parts of the world including our own little corner by the forces of tyranny and, oppression.
Kabir Chowdhury is former Professor of English, Dhaka University.
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