Gulam Rabbani :
If anyone is asked to say the name of the most impartial person in the political history of Bangladesh, the one whose name will come out without hesitation is former President Justice Sahabuddin Ahmed.
He came to the political scene at a critical situation of the country and what he had done later would be a memorable lesson of fair and impartial politics for a long time.
Shahdubbin also set a unique precedent as a Chief Justice. He refused to administer oath to some judges appointed by the BNP led government as the judges were appointment without his recommendation, which is a rare courageous example in the Bangladeshi judiciary.
He passed away at Dhaka Combined Military Hospital (CMH) on Saturday morning. He was 92.
Shahdubbin breathed his last at 11:05am, according to the Inter Services Public Relations (ISPR).
The first namaz-e-janaza of the former President was held at his native village Pemye in Kendua upazila of Netrakona at 4pm yesterday.
His second janaza will be held today (Sunday) at 10:00 am at the National Eidgah field on the Supreme Court premises. Later in the day, he will be buried at Banani Graveyard.
In a condolence message, Chief Justice Hasan Foez Siddique expressed his profound shock at the death of Shahabuddin and prayed for the salvation of the departed soul. He also conveyed his sympathy to the bereaved family members.
Law Minister Anisul Huq also mourned the death of Justice Shahabuddin Ahmed and prayed for the eternal peace of the departed soul.
Senior Supreme Court lawyer Khandker Mahbub Hossain said, “He (Justice Shahabuddin) was a great personality. His neutrality and truthfulness will be an example. He was never afraid in telling the truth. He said the truth patiently. I pray for the forgiveness of his soul.”
“At the end of his professional life, he had lived in seclusion for a long time, which is rare. We’ve seen him in court for a long time. He did what was fair and good. As a result, many people did not like him,” added the veteran lawyer.
Attorney General AM Amin Uddin said that Justice Shahabuddin Ahmed was a good judge indeed.But I don’t have any experience of direct dealing case with him, added the chief state lawyer.
Additional Attorney General SM Munir said Justice Shahabuddin Ahmed during his tenure as the Chief Justice refusedto administer oath to some judges appointed by the BNP led government as the judges were appointment without his recommendation.
Former President HM Ershad, bowing to pressure from opposition political parties amid an uprising, handed over power to the then Chief Justice Shahabuddin Ahmed, who became the head of the government as acting President of Bangladesh.
However, before that although all parties agreed to accept Sahabuddin Ahmed as the head of the interim government, but complications arose over the Constitutional question.Because he was then the Chief Justice of the country and he did not agree to give up his post.He made it a condition that he would return to the post of Chief Justice after conducting the national election being President.
Shahdubbin formed a Caretaker Government with non-political persons and held a ‘free and fair’ election in the country in February 1991. During this period, he gave back freedom of the press by amending a number of laws, including the Special Powers Act.
He was chosen by all political parties, including Ershad, to hold the interim government that would oversee the neutral election to parliament.
After the national parliamentary election in 1991, Shahdubbin handed over the parliamentary ruling power to the newly elected Prime Minister Khaleda Zia. He later resigned from the presidency and returned to his previous post of chief justice from which he eventually retired in 1995.
In 1996, Shahabuddin was nominated for the presidency by the Awami League government and was elected unopposed. The Awami League lost the parliamentary election in 2001 and he retired from the presidency the same year.
Former Justice Abdul Matin said, “He wanted to retire as a judge. There is an example in history like it, American President William Howard Taft became Chief Justice of the country later. He became Chief Justice after his retirement from the presidency. And Justice Shahabuddin Ahmed also became Chief Justice after retirement from the presidency. This precedent honored the judiciary.”
Former Adviser to the Caretaker Government M Hafizuddin Khan said, “Such a president has never come to our country.He was a very wise man. He was extremely neutral as a judge, President and Chief Adviser. It is difficult to find such a personany more.”
Justice Shahabuddin was born on February 1, 1930, at Pemal village under Kendua thana of Netrakona district. An outstanding student, he completed his BA (Hons) in Economics in 1951 and MA in International Relations in 1952 from Dhaka University. He also attended a special course in on Public Administration in the University of Oxford, following his entry into the Civil Service of Pakistan (CSP) in 1954.
During his career as an administrator – a role in which he excelled – he served as a Sub-Divisional Officer of Gopalganj and Natore, before being promoted to the post of Additional Deputy Commissioner of Faridpur.
He was transferred to the judicial branch in June 1960, and appointed the Registrar of the Dhaka High Court in 1967. He was promoted to the bench as a judge of the High Court of Bangladesh on January 20, 1972, and subsequently, appointed a judge of the Appellate Division of the Supreme Court of Bangladesh on February 7, 1980.
Justice Shahabuddin was the chairman of the Commission of Enquiry formed to investigate the causes of police firing on agitating students of Dhaka University in 1983, which led to the deaths of several students. His detailed report, however, was never made public by the then government.
He served as chairman of Bangladesh Red Cross Society from August 1978 to April 1982.
Shahabuddin Ahmed was appointed Chief Justice of Bangladesh on January 14, 1990. He amended a number of draconian laws, which revived freedom of the press and freedom of expression in the country. After successfully completing his term as Acting President, he left the Bangabhaban on Oct 10, 1991 and resumed his duties as Chief Justice, before finally retiring on February 1, 1995.
He left behind a sovereign parliament, a popularly elected leadership, a unanimously adopted form of government and, most importantly, a Constitution that has been shorn of its undemocratic features.
Justice Shahabuddin was elected the president of the country on July 23, 1996 after being nominated by the Awami League government. He was sworn-in as the president on October 9, 1996 and retired from the presidency on November 14, 2001.
