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LEST WE FoRGET

Justice Murshed

An achiever and a Good Samaritan

PROF MD AFSARUDDIN
ToDAY is the 26th anniversary of death of Justice Sayed Mahbub Murshed. My first meeting with him took place in the very early 1960's. i was, at that time, in the absence of the late Professor A K Najmul Karim, the head of the Department of Sociology at Dhaka University. Justice Murshed was then residing in the impressive red house opposite the British Council.
i have had the privilege to know several distinguished men in my lifetime. Few men, however, have made such an indelible impression upon me, as had Justice Murshed during our twenty years acquaintance. i look upon him as one of my most highly revered mentors and as one who will never cease to be a source of inspiration to me -- as a champion of justice, righteousness and all that is dear to me.
Justice Murshed was born in the second decade of the last century and a fair assessment of his merits has to be made in the light of the times he was born in. During that particular era in our history the Muslim community in Bengal lagged behind the Hindu community in various aspects. in particular the dearth of Muslims established in diverse intellectual fields was acute. Justice Murshed was born at that time into a distinguished Muslim family of Murshidabad on 11 January 1911. His father late Syed Abdus Salik was a member of the Bengal Civil Service and his mother late Afzalunnessa Khatun was a sister
of Sher-e-Bangla A K Fazlul Huq. His other illustrious ancestors include Khalid-bin-Walid, the great commander of the early armies of islam.
in the academic field he won his first accolade in 1926 when he matriculated first among all candidates in the Rajshahi division under the Calcutta University. He graduated with honours in Economics in 1930 from the Calcutta University. Subsequently he obtained two MA's -- in Economics and in Persian. While studying for the bar in England during the 1930's, he obtained the first position in the Part i examination. He was and still is among the very few subcontinental Muslims who passed the bar final examination with honours.
in the legal field he was outstanding both as a barrister and later as a judge. He was never constrained by the letter of the law. His interpretation of the law was always for the greater good of society at large. He felt that the law was created to serve man and not conversely. in other words, the purpose of law, to him, was to ensure a just society and secure the rights of man. in that respect he displayed the classical influence of Plato.
on the bench, his pronouncements evinced in very great measure the most desirable traits in a judge -- courage, integrity and a fierce independence. His firm belief in the primacy of liberty and democratic values led to peerless judgements which rank as his highest achievements. For those of us who remember and are imbued
with a sense of history, his fearless espousal of the rights of the people of Bangladesh especially during the Ayub regime, will forever be deeply embedded in our minds.
He was never the quintessential politician although he was associated with every major political movement in his time. Among these were the language movement of 1952 and the 21-point programme of 1954 associated with the United Front. His speeches during the roundtable conference convened by Ayub Khan in 1969 stirred the hearts and minds of the people of Pakistan. His contributions towards the 11-point programme of that year was considerable. During the 1971 liberation war his outright refusal to speak out in favour of the Pakistanis was an act of tremendous courage. Above all, he was always relentless in resisting evil, with great fortitude and never allowed himself to be swayed by
pressure.
Even in the midst of an active life he always found time to support worthy social causes. His intimate association with the Anjuman-e-Mufidul islam during the great Bengal famine of 1943 is one such example. A deeply religious man, who had helped to establish and later inaugurated the Alia Madrasah in Dhaka, he was at the same time above all communal prejudice. in that respect his efforts to promote communal harmony especially during riots leading to the famous Liaquat-Nehru Pact of 1950 were extremely important. Apart from being a very cultured man, his activities as a patron of the arts was considerable.
in short, he was a man of parts. Any attempt to enumerate his accomplishments will fall short of doing justice to him. Such an undertaking would be a Herculean task. i, for one aim not equal to such a task nor is there enough space to do so here. He can be best described as: "Justice Murshed is the autobiography of his own age." As such he has transcended his own times and his memory continues to be the object of our deepest respect. it is our earnest wish that his achievements find a permanent place not only in the intellectual and legal institutions but in the entire nation. That will serve as a source of inspiration and unity to us all and lend a sense of direction to our society.
Md Afsaruddin is former Professor of Sociology, DU.