Justice Syed Mahbub Murshed was a luminary in the constellation of human greatness, like the stars, comes out in the darkness to shine with the reflected light of God.
Plato says that justice is not mere strength, but it is a harmonious strength. Justice is not the right of the stronger but the effective harmony of the whole. All moral conceptions revolve about the good of the whole-individual as well as social and Justice Murshed had stood for the same moral scruples. Let your light shine so brightly that others can see their way out of the dark.
Born on January 11, 1911, Justice Syed Mahbub Murshed was a Bangladesh’s lawyer and jurist. He served as the Chief Justice of the-then East Pakistan High Court during 1964–1967with every fibre of his being to validate our trust in his ability to be a wise and fair judge of every issue that came before the court.
Justice Murshed died on 3 April 1979. But forty-five years after hisdeath, he remains one of the mythical figures in Bangladesh’s history. He stays on the most famous lawyer who ever practiced in the country, someone for all lawyers to emulate.
Syed Mahbub Murshed was a Bangladesh’s lawyer and jurist. He served as the Chief Justice of East Pakistan High Court during 1964–1967. He was born on January 11, 1911 in Murshidabad, India. In 1951, he migrated to the-then Pakistan and joined the Dhaka High Court Bar in 1951. He was elevated to a judge of the Dhaka High Court bench in 1955.
Also known as Justice SM Murshed, he is a household name because of his eloquence or intellect in Bangladesh And also for his unwavering commitment to justice, as well as his incorruptibility and dedication to upholding the rule of law.
The influence of the legendary judge, who lived from 1911 to 1979, can still be seen in Bangladesh today.
He is considered one of the most important Bengali salvias. People commonly refer to him as “Justice Murshed,” thanks to his expert handling of cases, his fearlessness in giving straightforward advice, and his deep resentment of evil deeds. His actions have become inspiring tales of benevolence and courage.
The-then Pakistani government was puzzled by his decisions, but Murshed had his own rigidly accurate moral considerations. He believed that if his descendants ever failed to obtain official positions through governmental civil service examinations, they could rely on his office of the river to make a living by raising fish and growing lotus roots.
Justice Syed Mahbub Murshed has become the ‘spokesperson’ for cultural integrity in our country. The outstanding Bengali moral qualities of loyalty, filial piety, integrity and love are integrated into our economic, social and cultural development, as well as in the entire process of fighting corruption and advocating for integrity.
Fairness and justice are universal values shared by all humanity. He represents not only Bangladesh’s commitment to these values but also serves as a symbol of these values for the world. Stories and the spirit of Justice Murshed have and will continue to inspire us intensely.
Justice SM Murshed was endowed the following rare humane attributes and he sought to uphold these values in his work as a Justice:
Independence
The first attribute of a good judge can be considered is independence. In this context, independence means being free of any loyalties, duties or interests that might inappropriately influence the performance of a judge’s functions.
Independence is of the essence in judicial office. Constitutionally, the judiciary is the third arm of government and performs the key role of ensuring that the other arms of government, the Parliament and the Executive, do not exceed or abuse their powers. The independence of judges is underpinned by their security of tenure and other constitutional guarantees.
Impartiality
The next attribute is impartiality, which is closely aligned with independence. Impartiality lies at the heart of the judicial role and is reflected in the oath of office. Everyone who comes before the court must be treated equally regardless of whether they are wealthy and powerful or poor and marginalized.
Communication skills
Good communication skills are another attribute in the strict sense and they are certainly essential for a successful judicial career. Judges are required to make rulings in the course of a trial and to give directions to witnesses and jurors. They must do so in a manner that can be quickly understood by those who must comply with the rulings and directions. In civil trials without juries and in appellate courts, judges must deliver written reasons for their decisions, often on complex factual and legal issues.
Patience
It is commonly said that patience is a virtue. It is also an important attribute for Justice. Justice needs to be patient, particularly when listening to evidence that is implausible or to submissions which are dubious. Natural justice requires that the parties be given a fair opportunity to present their cases before a decision is made.
Cultural awareness and tolerance
Bangladesh is a multicultural society which is made up of diverse ethnicities, languages, religions and cultures. The success of such a society depends on mutual understanding and respect. Peaceful coexistence requires the different cultural groups to understand and accept the key customs and practices of the other groups. Acceptance and inclusion of people who are different underpin multiculturalism. Conversely, negative cultural stereotypes strain harmony within the community and undermine multiculturalism.
Courtesy
Courtesy is not only a basic human quality but an important attribute for Justices.Courtesy has not always been associated with the judiciary. He also believed that if judges treat people with respect, the community’s respect for the judiciary will improve. Community respect is fundamental to a strong and independent judiciary.
Compassion
Compassion has an important place on the Bench. That does not mean that a Justice should find in favour of a litigant in a civil case because the judge feels sorry for him or her or should adjust the sentence in a criminal case depending on whether the judge empathises with the defendant or the victim. The law must be upheld and must be applied consistently in all cases. In clarifying ambiguities in the law there is often scope for a judge to adopt a common-sense approach. Common sense and compassion often go hand-in-hand.
Humility
Humility is not out of place in the judiciary. Where Justices are assisted by counsel in the course of a trial, it is appropriate to acknowledge this at that time or at the end of the trial. Likewise, where a Justice is under a misapprehension in a case, it is not inappropriate to acknowledge the error and to thank the party that clarified the position. Such respect and cooperation strengthen relations between the profession and the Bench and instills a sense of confidence in the humanity and integrity of the legal system in the eyes of court users.
People skills
Unlike lawyers, Justices do not have clients and their income is not affected by the perceptions of court users about how well they perform their functions. Nevertheless, people skills are important for judges. Justice interacts daily with lawyers, witnesses, jurors, members of the public and court staff. A Justice with good people skills is better placed to manage trials efficiently and harmoniously than a judge without such skills.
Community engagement
Justices must remain active members of the community that they serve rather than become isolated from it. By remaining in touch with the community, Justices augment the legitimacy and power of the judiciary. Examples of community involvement are hosting visits to the court by students, visiting schools, conducting moots for young lawyers and speaking at functions organised by the profession.
Sense of perspective
The next attribute is a sense of perspective. By this, Murshed meant the ability to distinguish between what is important and what is not worth worrying about and to prioritise your time and energy accordingly. A sense of perspective is important for Justices, particularly when presiding over a difficult trial. A trial may be difficult for a variety of reasons, such as the complexity or volume of the evidence and submissions, or misbehavior by a party, a witness or even a legal practitioner.
Sense of humour
The administration of justice is a serious business, with important obligations and responsibilities.
Justice Murshed was particularly profound or intellectual in his opinions, which often read more like commandments with interpretations on the quality of being magnificent, splendid or grand on the law.
He was interested more in the outcomes with the analytical underpinnings of his judicial opinions, but he is responsible for the institutional status and authority of the Court itself — giving him a prophetic like stature that is unrivaled by his successors in Bangladesh.The tales of Justice Murshed are seemingly boundless, and the essence of his character is destined to endure eternally! With liberty and justice for all – blessings are the most precious gift that we can shower on his 114th Birthday Anniversary.
Anwar A. Khan is a freedom
fighter who writes on politics
and international affairs.
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