Justice SM Murshed’s Portrait Hangs in Place of High Spirits in Bangladesh

"Death is not extinguishing the light. It is putting out the lamp because the dawn has come."
—Rabindranath Tagore

On the 3rd of April, we mark the 46th anniversary of the passing of Justice SM Murshed, a solemn occasion to honor his memory with the deepest reverence and respect.

Every life, noble and profound, is never truly extinguished. What is loved cannot perish; it lingers, forever cherished. In this fleeting world, there remains but one true happiness—to love and be loved. The esteemed Syed Mahbub Murshed, a towering figure of law and justice in Bangladesh, left this earthly realm at the age of 68 on April 3, 1979. His legacy, however, persists, etched forever in the annals of the nation's history of Bangladesh.

Justice SM Murshed’s approach to law was unorthodox, distinguished by a profound philosophical flair. Unlike many of his peers, Murshed did not rely solely on legal texts, history, or precedents. Instead, he shaped his rulings through an intuitive blend of philosophy, politics, and literature. His judgments were concise yet impactful, often illuminating the political climate of the time, marked by a deep understanding of the human spirit. His work ethic was unparalleled—steadfast and unyielding. Murshed believed that judicial restraint should not be the goal, for the role of the judiciary, in his view, was to challenge authority when necessary.

There exists, still today, the belief that a more passive judiciary is a better judiciary. This philosophy asserts that when the courts intervene too often, they deprive the people of their responsibility to correct their own errors, thereby diminishing their moral capacity. But Justice Murshed saw beyond this, understanding that the judiciary’s duty was to protect basic rights and ensure justice, especially against the excesses of the majority. His belief in the judiciary's role in defending individual liberties was unwavering.

Murshed, with his extraordinary intellect and indomitable courage, embodied the qualities that invite respect from all who encountered him. His calm demeanor, grounded in moderation, earned him the admiration of colleagues and citizens alike. His kindness, sincerity, and integrity drew people to him, while his sharp mind, capable of solving complex legal dilemmas with ease, commanded the respect of both his peers and the courts. This spirit propelled Murshed to a position of great prominence, rising swiftly due to his unmatched brilliance.

In much the same way that nature—rivers, forests, and mountains—holds a quiet yet profound power to shape the world, Justice Murshed was a force of nature in the legal realm. Like the river that sustains life, his presence nurtured the very fabric of his country’s legal system. He understood that the law, much like nature, must flow freely, unencumbered by arbitrary restrictions.

Murshed’s political and legal awakening began during the formative years of the partition of the subcontinent. Having been involved in the Nehru-Liaquat Pact of 1950, he grew increasingly convinced that the division of India and Pakistan was irreversible. Under the guidance of his maternal uncle, Sher-e-Bangla A.K. Fazlul Huq, Murshed became an advocate for Bengal’s autonomy and the promotion of Bangla as the state language. The pivotal moment came on February 21, 1952, when, alongside his uncle, Murshed defied the police by leading a procession in Dhaka University to protest the oppression of the Bangla language. This act of defiance cost them dearly, as they were brutally baton-charged.

In 1954, Murshed drafted the 21 Points manifesto, a political document that led to the historic defeat of the Muslim League in the elections, propelling the Jukta Front coalition to power. Though the government was short-lived, Murshed’s role in it was monumental, as he sought to forge stronger ties with neighboring India and advocated for a political system that gave Bengal greater autonomy.

However, Murshed’s political journey was not without its challenges. Despite his significant contributions, he faced suspicion from the Pakistani authorities due to his familial connections with Huq. His judicial career began with this cloud of suspicion but soon became marked by his unwavering independence and bravery. From his appointment to the High Court of East Pakistan (now Bangladesh) in 1954, Murshed’s legal rulings reflected his commitment to liberty, justice, and fairness.

One of Murshed’s most courageous acts came in 1961 when he orchestrated the celebration of Rabindranath Tagore’s birth centenary in Dhaka, despite strong opposition from the Pakistani government. His steadfast resolve to honor Tagore’s legacy left an indelible mark on the cultural history of Bangladesh. Similarly, in 1976, despite frail health, Murshed worked tirelessly to organize the centennial celebrations for the birth of Sarat Chatterjee, another Bengali luminary.

Justice Murshed’s tenure as a judge was marked by bold decisions that shaped the future of Bangladesh. His judgments, often against the tide of political pressure, affirmed his dedication to upholding the rule of law. One of his most notable acts came when, as Chief Justice in 1964, he granted bail to Sheikh Mujibur Rahman, defying the will of the Governor, Monem Khan. When told that the Governor would disapprove, Murshed boldly retorted, “Tell the Governor I am the law.” Such was his courage, a courage that became synonymous with his name.

Murshed’s influence extended far beyond the courtroom. He played a crucial role in the drafting of the Six-Point Movement in 1966, which called for greater autonomy for the then East Pakistan. His legal acumen was instrumental in safeguarding the rights of political prisoners, such as those imprisoned in the Agartala Conspiracy Case, and he remained an unflinching supporter of Bangladesh’s sovereignty.

In 1969, during the mass upsurge that led to the fall of Ayub Khan’s regime, Murshed’s reputation as a champion of justice grew. His resignation as Chief Justice, in protest against the constitutional hiatus, further solidified his status as a national hero. Many believed that his resignation was a step toward him becoming the leader of the Eastern wing of Pakistan. His unyielding stance against the Pakistani authorities earned him admiration not only within Bangladesh but internationally as well.

Justice Murshed’s legacy continued to grow after his resignation. In 1971, during the tense prelude to Bangladesh’s liberation war, Murshed refused to cooperate with the Pakistani authorities, remaining steadfast in his belief that the two nations, East and West Pakistan, could not coexist. His support for the resistance against the Pakistani military was recorded by numerous writers, who hailed him as a figure of immense integrity and courage.

In his final years, Murshed’s legal activism was unwavering. He continued to challenge discriminatory laws, such as the Enemy Property Ordinance, and fought tirelessly for the protection of minority rights. His steadfast opposition to the abuse of power made him a towering figure in the judicial history of South Asia.

On April 3, 1979, Justice SM Murshed passed away, but his spirit lives on in the hearts of those who knew him and in the legal traditions he helped shape. He was a man whose courage, intellect, and integrity guided the course of Bangladesh’s judicial and political history. His legacy endures, a beacon of justice that continues to inspire future generations.

In the words of Maya Angelou, "A great soul serves everyone all the time. A great soul never dies. It brings us together again and again." And so, Justice SM Murshed remains, immortal in the hearts of all who cherish justice, liberty, and truth.

Justice SM Murshed’s portrait graces the halls, a lasting symbol of high spirits and unyielding justice in Bangladesh.


Anwar A. Khan is a freedom
fighter who writes on politics
and contemporary issues.