Justice Murshed indefatigable crusader
Friday, 3 April 2009
Nurul Islam 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 every one 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 fine only independent institution in the 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 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 goral fibre in order to be impartial to the various, disputing parties who come 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 feat of flattery.
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 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 is an extremely independent and 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 working in earnest. Justice Murshed on occasions appreciated my works as an Addl. District and Session Judge. Being inspired at 31, 1 became the country's youngest district judge in Comilla and later as Law Secretary to the Government of East Pakistan, I was the young Eastman on record to hold this post.
Under the guidance of Justice Murshed and the value he placed on the work of the law courts, there 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 all those district judges who could quickly disposes off cases. This is extremely relevant to any discussion on Justice Murshed because he was personally responsible for restoring a sense of purpose and vitality in the lower (district) judiciary.
He keenly appreciated the frustration 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 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 the occasion of what would be his death Anniversary, today, if he had lived on.
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 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 fine only independent institution in the 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 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 goral fibre in order to be impartial to the various, disputing parties who come 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 feat of flattery.
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 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 is an extremely independent and 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 working in earnest. Justice Murshed on occasions appreciated my works as an Addl. District and Session Judge. Being inspired at 31, 1 became the country's youngest district judge in Comilla and later as Law Secretary to the Government of East Pakistan, I was the young Eastman on record to hold this post.
Under the guidance of Justice Murshed and the value he placed on the work of the law courts, there 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 all those district judges who could quickly disposes off cases. This is extremely relevant to any discussion on Justice Murshed because he was personally responsible for restoring a sense of purpose and vitality in the lower (district) judiciary.
He keenly appreciated the frustration 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 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 the occasion of what would be his death Anniversary, today, if he had lived on.