Prof. Md. Afsaruddin :
My first meeting with Mr. Justice Syed Mahbub Murshed took place in the very early 1960s. 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 Mr. Justice Murshed during our twenty year’s 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 during the second decade of the present 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 the late Syed Abdus Salik was a Member of the Bengal Civil Service and his mother the 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. Subsequently he obtained two M.As – in Economics and in Persian. While reading for the Bar in England during the 1930s, he obtained the first position in the Part I Examination. He was and still is among the very few sub-continental Muslims who passed the Bar Final Examinations with honours.
In the legal field he was outstanding both as a barrister and later as 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, more so than most men, 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 Round Table 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 were 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, resisting the temptations of office with great fortitude and never allowing himself to be swayed by pressure from right.
Apart from being a very cultured man, his activities as a patron of the arts were 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 any for one, I am 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 of our country but in the entire nation.
