The New Nation - Internet Edition

Justice KM Subhan

Rabindranath has said that it is possible to find a person worthy of seeing, but it is not easy to find a worthy place to see him. I realised the truth of it at a wedding in 1938. I was then a student of class ten. I saw the groom, turbaned and donned in a light cream sherwani under a 'choga' embroidered with real silver work. Tall and erect, bright eyes and slightly tanned complexion that was the first sight I had of Barrister Syed Mahbub Murshed. I saw him in the worthy place. I had then such an age when in the rich juvenile imagination. I was trying to find his resemblance with those who always flashed. The first that came was Indranath of 'Srikanta' but Indranath had a few marks on his face. He had a perfect unblemished face. I got it-it was Shibnath of 'Shesh Prasna'. Yes, Shibnath has donned the groom's dress or may be, it is Othello-tall, dark and handsome, but his eyes lacked the hardness of a soldier. His eyes were electrified.

After about four decades, in remembering him, I am asking myself why it is so important to talk so much about his looks? It is probably necessary because unknown to myself I accepted him as my hero, who later became my idol in my professional life. I was and still am enveloped with his profound influence. To imitate him would be an audacity because he was inimitable. About two decades after I saw him first I accepted him as the only person in my professional existence.

In 1943, when I was a student of Calcutta University Law College, I was lucky to be present in the courtroom where a murder trial was on and the counsel for the accused was cross examining the prosecution witness. Those days little did I understand the pointing questions. A few other barristers young and old were sitting in the courtroom one of whom said, "the questions indeed are worthy of a barrister". The prosecution witnesses were tumbling. The judgement was delivered. The accused got a clean acquittal. I saw him after this in a few other cases. His questions were equally pointing. The witnesses dared not look at him straight still then I was not very sure if I would take up legal profession-but the more I saw him the more I was any worthy profession it was to become a barrister. I till then saw him from a distance.

August 1946- In the great Calcutta killings I had my first chance of getting a little close to him. He was then one of the leading barristers of Calcutta High Court a terribly busy practitioner. A relief committee was organised which was located on the ground floor of the Congress Exhibition Road residence of Khan Bahadur Ataur Rahman Khan in park Circus. The drawing room of the late Ismail, reputed industrialist, was used as the office. Syed Mahbub Murshed used to reside then in a flat on the second floor. Within a few days, legal complications cropped up concerning those who were arrested during the riots and concerning property and families of these persons. I was entrusted to contact Syed Mahbub Murshed as I was the only one in the committee who had something to do with legal affairs. I was then a Law student waiting to take the Law final examination which was postponed because of the riots. After much hesitation, I picked up courage to meet the legal luminary in his flat, but before I could finish, he came down with me to the office. The other members, late Mr. Ismail, late Mr Sayedul Hasan, Poet Culam Quldus and few others who were present were puzzled over the situation and were eager to know the proper procedure to be followed in the matter. Very briefly and within a short time he clarified the situation and told us what to do. I saw him that day frankly discussing with us the problems and he gave us much time as needed although he could hardly spare that he helped us voluntarily and ungrudgingly. I witnessed his concern for the affected people-his sympathy and help for the people who lost everything during the riots. In a short time he became a respectable leader in the matter. His success went beyond the legal matters. We found his deep concern for the suffering humanity. Later I saw him as Judge of the Dhaka High Court. In every case it was wonderful to see how he applied legal principles to facts. His way of looking at facts and the application of law stood out from other honourable judges. He could fathom even a difficult case in the shortest possible time. His interpretation and application of legal principles were subjects of envy. The subordinate staff found a father figure in him when he became the Chief Justice of East Pakistan.

The fist blow was struck at the autocratic regime of Ayub Khan by the Dhaka High Court and Chief Justice Murshed was the author. He excelled himself in analysing and setting the constitutional issues that were raised before him. His rich language intermingled with the interpretation of law. It was like the admixture of the Padma and the Jamuna. His superior power of interpretation of legal principles and fearless dispositions of constitutional matters once promoted Ayub to say, "Pakistan was rightly proud of two things-the cricket team and the judiciary". I wonder if knowing Syed Mahbub Murshed, Ayub echoed with Shylock, "A Daniel come to judgement. Yea, a Daniel! 'He was the author of most of the constitutional cases that settled the rights of the citizens, the human rights and established the supremacy of the rule of law. In his area he was uncompromising, unique and fearless in his confrontation with the tyrannical and autocratic regime of Ayub Khan. He was both architect in upholding the rights of the citizens and a terror to the ruling clique. He had thus created a few conspirators who like the creatures of darkness fought against the light of the day who like the devils of deception fought against the messenger of truth.

He preferred to resign his high office rather than to bow before the authoritarian regime. The loss was entirely that of the nation of the people and of the judiciary. The blow was to the public conscience from which the nation has not yet recovered. One gets overwhelmed with emotion in writing about him. The country is deprived of his unrivalled personality; his scholarship was confined not only to jurisprudence but encompassed world literature, music and socio-political philosophy and economics. Whenever he broached a topic, he appeared to know more than the others as he finished talking. He was free with any subject of conversation. His genius lighted up anything he touched.

I pay him my homage with deep sense of gratitude and respect and close it with the words of the poet Nirmalendu Goon. "With these reminiscences come the melancholy clew drops on the pages".