Justice SM Murshed

A great jurist, scholar and a judge of high standing SM Murshed was born on January 11, 1911 into an enlightened aristocratic Muslim family of Murshidabad, West Bengal. His father Syed Abdus Salek was a member of civil service then serving as Deputy Magistrate. His mother Afzalunnessa was sister of Sher-e-Bangla AK Fazlul Haque. SM Murshed was extraordinarily brilliant from boyhood and was greatly influenced by the ideals of patriotism, nationalism and love for democracy, freedom and economic emancipation of the common people.

He passed Matriculation examination in 1926 in 1st Division and topped the list in the whole of Rajshahi Division. In 1930 he passed BA Hons in economics with distinction and passed MA in economics and also LLB from Calcutta University and went to London for higher studies in law leading to Bar-at-Law from Lincoln's lnn in 1939. After completing higher studies, he returned home and joined the legal profession and started practice in Calcutta High Court. Soon he drew the attention of all as a promising barrister.

SM Murshed married the daughter of AKM Zakaria who was elected Mayor of Calcutta Corporation. Mr Zakaria was one of the renowned nationalist leaders of the time had wonderful contribution in the anti-imperialist movement. At the time Indian sub-continent was passing through a crucial period of independence movement and experienced the terror and horror of the second great World War. Mr Murshed's independent thinking were reflected in his writings which were published in leading Indian dailies such as the Guardian and Statesman. He worked relentlessly in distributing food and relief among the famine stricken people of Bengal in 1943 and during the communal riot of 1946 he worked hard for the rehabilitation of the displaced persons. He was associated with the activities of the Anjumane Mofidul Islam.

Mr Murshed continued his practice in the Calcutta High Court after independence of India in 1947. In 1950 serious communal riots broke out in both parts of Bengal. However the situation was improved after the Nehru-Liaqat Pact of 1950. Mr Murshed worked for implementing the said pact. In 1951 Mr Murshed migrated to the then East Pakistan and started practice in the Dhaka High Court. Soon he made his mark in the legal profession. He actively supported the language movement of 1952 and assisted Sher-e-Bangla AK Fazlul Haque in formulating the 21 point demands of the United Front in the 1954 Election.

In 1955 Mr Murshed was appointed judge of the Dhaka High Court and in 1964 he was appointed the Chief Justice of the High Court of East Pakistan. Syed Mahbub Murshed who is popularly known as Justice SM Murshed made tremendous contributions towards enrichment of the judiciary and distinguished himself as unparallel in the delivery of qualitative judgments.

As a judge, he was courageous imbibed with indomitable spirit of independence. His judgments are the finest example of excellent exposition of law for all the time to come and in cases where issues of national or public importance were involved he was always firm to uphold the cause of evenhanded justice without fear or favour. He taught throughout his whole life for establishing rule of law, democracy, human rights and was always respectful to human values. He was a devout Muslim with extensive knowledge in Arabic and Persi. Both intellectually and culturally he was highly enlightened.

In the aftermath of the language movement, the then Pakistani Rulers had become allergic to the song and literature of Rabindranath Tagore whom they thought to be the source of inspiration of Bengali nationalism and as such moves were made to exterminate the Tagore literature and culture from the soil of the then East Pakistan. This further sparked the sentiment of Bengali Nationalism. Culturally conscious people rose up against the idea as one very necked attack on Bengali culture. The decided to observe the birth anniversary of Rabindranath Tagore and Justice Murshed took the bold lead and was the Chairman of the Rabindra Janma Joyanti centenary committee which was a great blow against the deep rooted conspiracy against the Bengali tradition and culture.

He strongly opposed the then government's move to curtail the independence of the judiciary. Being shocked and disappointed, Mr Justice Murshed tendered his resignation to the post of Chief Justice in November 1967.

The political situation in the then East Pakistan during the years following the resignation of Mr Justice Murshed from the exalted position of the Chief Justice became very tumultuous and volatile.

The military junta started Agartola conspiracy case against Sheikh Mujibur Rahman and others in 1968. In this case Justice Murshed supported the defense case of Sheikh Mujibur Rahman and advised the defense lawyers. In the face of the great political upheaval, the Agartola conspiracy case was withdrawn by the then government. Field Marshal Ayub Khan the then President of Pakistan in 1969 called a roundtable conference in Islamabad for resolving the political crisis in which Mr Justice Murshed along with others were invited. Mr Justice Murshed very boldly supported the six point demands of Sheikh Mujib.

In the general election of 1970 Awami League got landslide victory under the leadership of Bangabandhu Sheikh Mujibur Rahman which was fought mainly on six points demand. Mr Justice Murshed identified himself with the hopes and aspirations of the people of this region and supported the six points demand.

Thereafter, the health of Justice Murshed deteriorated and he suffered protracted illnesses and ultimately he died on April 3, 1979. With his death the nation lost a great scholar, a great thinker, a jurist and a judge of extraordinary high standing.

Every judgment of Justice Murshed is an excellent piece of legal literature. His landmark decision in the famous cases such as Abdul Haque case, the Pan case, Basic Democracies case, GL Bhallachaya case, Zakir Ahmed case, so on and so forth, are regarded as the best exposition of law relating to constitutional rights, fundamental rights and natural justice.

In a full court reference on the occasion of his adorning the exalted position of the Chief Justice of High Court of Judicature of East Pakistan he made memorable speech, the following extract of which reflects his thinking of a judge in the true sense of the term: "Judge is nothing but the law speaking with uncompromising justice, for, if has been truly said that the best government is that in which the law speaks rather than the lawgivers. This is where the judges come in. But, where the law ends, tyranny begins and there is no worse tyranny than judicial subservience. When a judge departs from the spirit of the law and from a fearless independence in its application, he becomes the worst law breaker."

During his tenure as judge the image of the judiciary was raised very high. His legal decisions even today are unparallel which is the most valuable treasure of legal jurisprudence and are still followed as precedents in deciding the legal issues as the most valuable guidance for the judges and the lawyers.

The ideals and teachings of Mr Justice Murshed are of great value to be followed by the jurists, judges, lawyers and the students of law which remain as the ever shining source of inspiration from generation to generation. We remember Justice SM Murshed with deep sense of honour and respect and we pay our homage to the great soul and pray to the Almighty Allah for the eternal peace of his departed soul.

Khondaker Md Abu Bakar MALLB is Chief Editor, The Mainstream Law Reports.