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Lest we forget

Justice Murshed

The indefatigable crusader

Nurul Islam Khan
HE rapidly appeared in the limelight and almost immediately became everyone's idol. Mr. SM Murshed the then Chief Justice of East Pakistan High Court, had just been delivered beginning with the following quotation from Shakespeare's 'Measures for Measure'
"o! its excellent.
To have a giant's strength; but tyrannous
To use it like a giant"
This powerful quotation from Shakespeare and its apt use stirred many in the course of their mundane lives. But for these, who then ruled, for the high and mighty these aphoristic lines were extremely disconcerting. it created a stir all over Pakistan and across the borders. Prolonged martial law had sapped the vitality of the nation, and had created impediments in the emergent of new, creative ideas. in the then West Pakistan, Mr MR Kayeni, whose wit and ironical humour had assailed the martial law authorities, had expired after a short illness in Chittagong, while on an intellectual sojourn. Martial law had left in its wake a political system which was incompatible with the workings of free and liberal politics. But for the energetic, there was plenty to do as free enterprise prospered; many jute mills, textile mills and industries emerged in the then East Pakistan. But that is a different matter.
Just as Basic Democracy made the holding of free general elections impossible, the might of the military behind the supreme commander Gen. Ayub Khan held every one in awe. But many rulers, after long periods in office make the grave error of believing themselves and their power to be indestructible. They became intolerant to criticism and endeavored to crush the opposition. The period i speak of was a time when the government had a powerful control over the legislature. The Judiciary was the only independent institution in the country and the sole avenue for establishing the principles of justice and some semblance of the rule of law.
But this necessitate men of courage and integrity who could move the conscience of the nation. No one else fitted in a fuller manner than Justice Murshed.
Behind his handsome appearance lay an extraordinary head. i met him for the first time in the later part of 1964 in the old High Court Building. A judge in addition to his intellectual powers needs to be a man of integrity, made of a strong moral fibre in order to be impartial to the various disputing parties who came to him for justice. He cannot afford to be intimated by any side.
i had not expected as a junior officer, the warm welcome which he extended to me. When one is in the proximity of a truly great man, one senses a feeling of election in oneself. My conversation with him was encouraging as he remarked that an officer who could prove his worth stood a chance of being elevated to the bench (High Court). He added that the profession of a judge is an extremely independent ethical calling where one can obey
his conscience and above all derive an immense amount of moral satisfaction.
i was very pleased with these statements and began work in earnest, Justice Murshed on occasions appreciated my works. As an Addl. District and Session Judge we summarily dismissed six appeals against my judgements in civil cases. There is a great distance between the High Court and the District Courts not only because of the physical distance but also due to the fact that the pronouncements of the district courts rarely came to the notice of Justice Murshed. Being inspired at 31, i became the country's youngest District Judge in Comilla and later as law Secretary to the Government of East Pakistan, i was the youngest man on record to hold this post.
it is my firm belief that under his (Justice Murshed) guidance and the value he placed on the work of the Law court, there was a source of inspiration for us and it made us all eager to work. He knew all the District Judges, personally on a first name basis, and treated them with affection. He knew all those district judges who could quickly dispose of cases. This is extremely relevant in a discussion of Justice Murshed's qualities because he was personally responsible for restoring a sense of purpose and vitality in the lower (district) judiciary.
He keenly appreciated the frustrations and the difficulties of lower court judges and undertook numerous tours of district courts. During these visits he called upon them to fearlessly defend truth and justice in his lively speeches delivered in excellent English. These visits would thus cause the local administrators, not only to be attentive to the Chief Justice but also the local judiciary. The prestige of the local judiciary was greatly enhanced by these tours.
Has the nation extended full recognition and respect to this great man of indomitable courage? A time will come in the near future when this question will need to be answered. Are we to remain a nation without a history of its great men? Are we to forget our great men? i do not believe this to be possible. We must live with the memories of the great figures who are no longer with us. i feel it is worth recalling Justice Murshed on his death anniversary today.
"Men are we, and must grieve when even the shade,
of them which once was great is passed away"
-- W. Wordsworth
Nurul Islam Khan is a retired Secretary