Justice Mustafa Kamal: One of the most talented judges

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Barrister Nazir Ahmed :
Former Chief Justice of Bangladesh Justice Mustafa Kamal died of a cardiac arrest at his own residence at Gulshan in the capital on Monday, January 5, 2015. He was 81. He left behind a sister Ferdousi Rahman, a prominent singer; a brother Mostafa Zaman Abbasi, a noted singer; three daughters, including Dhaka University teacher Dr Nashid Kamal; and a host of relatives who joined well-wishers to mourn his death. He was laid to rest at the city’s Azimpur Graveyard following the second namaz-e-janaza held at the premises of the Supreme Court. The first Namaz-e-Janaza of the deceased was held on the compound of Gulshan Azad Mosque after Zohr prayer.
 Upon hearing the news, judges of the Appellate Division of the Supreme Court came down from the courtroom as a mark of respect for Justice Mustafa Kamal.
Son of the legendary folk singer of the sub-continent Abbas Uddin Ahmed, Justice Mustafa Kamal was born on 30th December 1934 at Kuchbihar, India, to a dignified Muslim family. His name ‘Mustafa Kamal,’ was chosen for him by the National Poet Kazi Nazrul Islam after his birth.
Justice Mustafa Kamal had a brilliant academic and outstanding legal and judicial career. He demonstrated excellence in each and every stage of his career. He stood 7th in order of Merit List in the Matriculation Examination from the Dhaka Collegiate School in 1948. He also secured 5th position on the Merit List in the Intermediate of Arts (IA) Examination from Jagannath College in 1950.
He obtained BA (Hons) and MA degrees on Political Science from the University of Dhaka in 1953 and 1954 respectively securing the 1st position in the 1st class.
Justice Kamal then went to the United Kingdom by availing himself of a merit scholarship for higher studies from the Government of the then Pakistan.
He successfully completed a Masters Degree at the London School of Economics (LSE), University of London, a world renowned institution. He then completed the Bar-at-Law course and was called to the English Bar by the Honourable Society of Lincoln’s Inn in 1959.
On his return from abroad, Justice Mustafa Kamal started practicing law in the then Dhaka High Court and Supreme Court of Pakistan and developed a flourishing legal practice. He was a part-time lecturer in law at the University of Dhaka from 1961 to 1968.
 He was appointed Additional Attorney General of Bangladesh in 1976 and then Advocate General of Bangladesh in 1977. Justice Mustafa Kamal was elevated to the position of Judge of the High Court Division of the Supreme Court of Bangladesh in 1979.
He was appointed a Judge of the Appellate Division of the Supreme Court in 1989. He was appointed the 10th Chief Justice of Bangladesh on 1st June 1999 and he served in this position until the end of December 1999. Later, after his retirement, Justice Mustafa Kamal was appointed Chair of the Bangladesh Law Commission (a rank and position equivalent to the Chief Justice of Bangladesh) on 6th December 2004 and he served in this position until December 5 in 2007.
Justice Mustafa Kamal participated in many international seminars and conferences, representing Bangladesh in the United Nations. He was one of the authors of India-Bangladesh Ganges Water Sharing Treaty that was signed in 1977. He was deeply connected in the field of law for a long period of more than four decades, both as a lawyer and a Judge, and contributed enormously to the dispensation of fair justice. He did an extensive writings and gave scholarly speeches of high quality on a variety of subjects. His noted two books are: ‘Bangladesh Constitution, Trends and Issues’ in English and ‘Aamar Kichhu Bola’ in Bangla. Justice Mustafa Kamal was a scholar of exceptional standing who devoted his life to continuous study and sophisticated thought in the realm of legal literature and jurisprudence. He was always vocal in establishing the rule of law in the country and keeping unharmed the independence of the judiciary.
Justice Mustafa Kamal was a great judge of scholarly merit and a great thinker on question of legal theology. He imparted wisdom, creativity and progressiveness to the judiciary for more than 20 years. His judgements remain as exemplary documents to his successors, standing out both in style and content. His legal activities and judicial pronouncements are still treated with reverence.
To be continued…
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