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In Memoriam

Justice Murshed: Indefatigable crusader

Nurul Khan
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 everyone in awe during the last decade of united Pakistan in the sixties. 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 endeavour 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 tne only independent institution in me
country and the sole avenue for establishing the principles of justice and some semblance of the rule law.
But this called for men of courage and integrity who could move the conscience of the nation. No one else fitted such a role in a fuller manner than Justice Murshed ,the then chief justice of East Pakistan High Court.
Behind his handsome appearance lay an extraordinary mind. I met him for the first time in the latter 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 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 or persuaded by any side. Justice Murshed enjoyed a reputation of a man who could not be made pliant through flattery.
As a junior officer I had not expected the warm welcome which he extended to me. When one is in the proximity of a truly great man one senses a feeling of encouragement 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 was an extremely independent and ethical calling where one could obey his conscience and above all derive an immense amount of moral satisfaction.
I was very pleased with these statements and began working in earnest. Justice Murshed on occasions appreciated my work as an addl. district and session judge. Being inspired at 31,1 became the country's youngest district judge, and later became law secretary to the government of East Pakistan.
It is my firm belief that Justice Murshed's guidance, and the value he placed on the work of the law courts, was a source of inspiration for us and 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 those district judges who could quickly disposes off cases. This is extremely relevant in 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 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 the 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 to 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. Justice Murshed is, thus, remembered on his death anniversary today.