Syed Ishtiaq Ahmed

There is a saying that all the glory leads but to the grave. In this ephemeral world, we all are destined to leave, today or tomorrow, but with death everything is not lost. As a matter of fact, the good and noble deeds are left behind and continue to be a constant source of inspiration for the living.

Ishtiaq's ancestral home was in Gazipur, Uttar Pradesh. He was born in the year 1932. After completing his early education, he did his Bachelor of Honours and Master of Arts in economics from the University of Dhaka in 1953 and 1954 respectively. In England, he studied economics at the London School of Economics, and obtained the professional degree of Barrister-at-Law from Lincoln's Inn. Having completed his academic career, he joined the Dhaka High Court in 1958. Gradually, by dint of his merit and perseverance he rose to the pinnacle of glory in the legal profession.

As a lawyer, Ishtiaq Ahmed appeared in various important constitutional cases before the Supreme Court and made invaluable contributions to the growth of constitutionalism and constitutional law in Bangladesh. His able and efficient interpretation of various provisions of our constitution guided the Judges and added to the foundation of constitutionalism in our country.

To mention few important cases: Dr. Nurul Islam vs. Bangladesh, Sharping Matshajibi Samirty vs. Bangladesh, Dr. Mohuuddin Farooque vs. Bangladesh; Hyundia Corporation vs. Sumikin Busan Corporation, Anwar Hossain Chowdhury vs. Government of Bangladesh (Eighth Amendment Case), and Bangladesh vs. Masdar Hossain, etc. Apart from these writ cases, he also appeared in many civil cases and helped the litigant public.

Several cases in law reports of Dhaka are a testimony of his eminence as a lawyer. As an eminent and honest lawyer, he was made Attorney General of Bangladesh in 1976. Working as the highest law officer of the republic and ex-officio Chairman of Bangladesh Bar Council, he truly led the Bar through difficult situations.

Syed Ishtiaq Ahmed was not directly associated with politics and never formally joined any political party, but he was politically so conscious that he always rose against misrule and misgovernance in the social, political, and economic life of the country. During the autocratic rule of General Ershad, the High Court Division was decentralised and taken to districts. Ishtiaq raised his voice and along with several lawyers, he went to jail in 1987. He had the rare ability to give leadership to the Bar at that critical juncture to time.

On various occasions, he raised his voice against the undemocratic steps of the government of the day, and led the legal community along the right path. One such example is the case of appointment of nine judges without proper consultation with the then Chief Justice of Bangladesh. His effort and guidance helped all of us to keep the image of the judiciary untarnished. He had high esteem for the Judges and always tried to foster good relationship between the Bench and the Bar. He had a sobering influence on the whole legal community. Today the lawyers feel the absence of such a person who could have acted as friend and guide on occasions of vulnerable and delicate differences between the Bench and the Bar. His infinite sense of respect for the institution of judiciary really helped us in keeping the image of judiciary high.

Ishtiaq in his personal life was a kind-hearted, soft, and gentle person. He has a large number of friends and well-wishers, which is indicative of his personal charm and qualities of head and heart.

Ishtiaq's ideal as a lawyer was to uphold the rule of law, constitution, human rights, and independence of judiciary. He sincerely believed that rule of law and constitutionalism can grow only in a democratic polity, where the Supreme Court possesses the absolute power of judicial review. And that is why the last important work that he tried to do in his life-time was to separate the judiciary from the executive organs of the state. While he was the advisor in the Council of Advisors in 2001, and in charge of Ministry of Law, Justice and Parliamentary Affairs, he took pains to implement the judgment of "Masdar Hossain."

Ishtiaq Ahmed had a premonition that no political government would implement Article 22 of the Constitution, though the political parties vociferously spoke of the separation of the judiciary in their election manifestos and from political podiums. So he seized the opportunity as soon as he was inducted as an advisor in the caretaker government in 2001. He had completed all legal formalities, but unfortunately, his dream could not be fulfilled. Now the ball is in the court of the present government. The sooner the final steps are taken by the government, the better for the society and the people.

May Allah rest Syed Ishtiaq Ahmed's soul in peace in Heaven.

Justice Latifur Rahman is a former Chief Justice and Head of the Caretaker Government.