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Unforgettable Justice Murshed

Kabir Chouwdhury
*** 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 and Francis Bacon, and modern giants like Holmes and Cardozo. For him, the function of a justice was far from being mechanical. ***
I first met Justice Murshed. most probably in the midfifties. at a national seminar where issues like interrelationship between nationalism and culture were discussed and debated. He spoke brilliantly. His talk displayed his firm grasp on many dimensions of the subject, intellectual breadth and range, and ability to develop his point of view through lucid logical arguments bolstered by quotations from great writers from several languages, many erudite references and wonderfully felicitous phrases. It was a treat to listen to him. One could easily see that he was interested in the subject he spoke. He spoke seriously and with conviction, and that there was true learning. I was also a participant in the seminar, and later he complimented me on my paper. It was most gracious of him and a source of encouragement to me.
Grace, good nature, wit and humour, kindness and sympathy, and a capacity to appreciate other man's point of view were characteristic of Justice Murshed. In many ways he was true aristocrat, in the best sense of the term He was also firmly committed to the ideals of democracy, to upholding the course of justice against extreme odds and to keep the flag of liberty flying in defiance of all kinds of pressure from the highest quarters.
Everyone knows about his role in the mass upsurge of 1969. During the liberation of Bangladesh in 1971, a lot of pressure was brought to bear upon him to collaborate with the 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, into which he threw himself selflessly after resigning from the post of chief justice in late 1967.
He was also very sensitive to the question of cultural freedom. The support he gave to those during the repressive regime of Ayub Khan revealed his stature as a man of courage and vision, truly civilised and cultured, and above all the narrow sectarian and parochial considerations.
In 1961, Justice Murshed played a leading role in organisng 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 a 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 and Francis Bacon, and modem 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 authorities' 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 is 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 judgments he delivered in the famous cases popularly know as the "Minister's Case," "Colonel Bhattacharya Case," and "Pan Case" are still regarded as historic for his brilliant exposition of constitutional law, among other
tilings.
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 the presidential address that justice Murshed delivered in 1967 at a seminar on 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. It is in that spirit lies hidden, in some form, the aspiration 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 by the forces of tyranny and oppression.
Professor Kabir Chouwdhury is a National Professor