।। Hasnat Ariyan Khan।।
Presently, there is no mention of his biography in school or college textbooks—not in Bangladesh, no where is his life and work discussed. And yet, was he not present significantly in our history in the 20th century? I can cite a few examples like other writers about him. In 1943, Murshed was by the side of famine-stricken people in undivided Bengal. During the communal riots of 1946, he participated in humanitarian and social welfare activities with the Anjuman Mufidul Islam. He visited temples of the Hindu community and provided them with reassurance. He was engaged in the struggle for liberation from British rule. In 1949, to reassure the minority and refugee communities of East Pakistan and West Bengal and to ensure their rights, he played a crucial role in participating in the historic Nehru-Liaquat Pact. In the 1960’s, while serving briefly as a adhoc Supreme Court judge, he was also the Chairman of the Red Cross providing relief and succer to the flood and cyclone victims
During the 1952 Language Movement, on February 21,he defied Section 144 alongside his uncle, the undisputed leader of undivided Bengal, Sher-e-Bangla AK Fazlul Huq. On February 21,1952, he and his uncle were both briefly detained for leading a procession after attending the Janaza of the language movement martyrs. In the 1954 elections, he took a leading role in drafting the 21-point program along with Abul Mansoor Ahmed for the United Front. In 1956, he assisted as a judge, Huseyn Shaheed Suhrawardy in drafting the first democratic constitution for Pakistan, which included provisions for parliamentary democracy. In 1961, he fought against Pakistani military leadership and took charge plus chaired the centennial celebrations of Rabindranath Tagore’s birth in East Pakistan, joining the struggle for Bengali cultural freedom. In early 1964, he became the Chief Justice of the High Court, and in 1966, he contributed to the final draft of the Six-Point Movement led by Sk Mujib. In late 1967,at the peak of Ayub Khan’s dictatorship, he resigned as Chief Justice to join the democratic movement. Under the peoples leadership, he actively participated in the end of 1968-69 mass uprising and arranged legal support for the defendants of theAgartala Conspiracy Case. It was largely due to Syed Mahbub Murshed that all the accused in the Agartala Conspiracy Case were unconditionally released. Then again, representing the dignified Bengali nation, he demanded the implementation of the one person, one vote principle at the Round Table Conference in 1969. Using this principle, he secured 169 out of 300 seats in the Pakistan National Assembly for the people of East Pakistan. Thus paving the way for a likely national government formed by the majority vote in East Pakistan.
Therefore, again in the 1970 elections, he being much respected influenced the defeat of the Pakistani Punjabi ruling clique. During the 1971 Liberation War, he refused to cooperate with the Pakistani illegitimate military authority. In protest of the brutalities and oppression by the ruling Pakistani Military faction, his heart sided openly with the Liberation War. Earlier on, Murshed’ mobilization with the High Court Bar association reached such a peak that in March 1971, no judge both out of fear and conviction was willing to administer the oath of office to General Tikka Khan as Governor of East Pakistan.
Even after the Liberation War, he never wavered in his commitment to democracy, human rights, the rule of law and social justice. Before the Liberation War, he advocated for the separation of the executive and judicial branches, and after the war, he continued to demand this separation. Murshed criticized various government activities that were against public interests but praised good deeds, and provided numerous valuable suggestions. He was the one who advised the late President Ziaur Rahman to establish SAARC. By the late-1970s, he had gradually started having ill health, and until his death on April 3, 1979. He lived as the worthy heir of Sher-e-Bangla AK Fazlul Huq.
Justice Syed Mahbub Murshed was one of the most fascinating figures in our national political landscape. Born on January 11, 1911, into an esteemed family in Murshidabad, the land of Bengal of last independent Nawab Siraj-ud-Daulah. He was an outstanding student, securing the top position in every class. He ranked first in the matriculation examination from the Bogra Zilla School in 1926, earning the highest marks in the larger Rajshahi division. After his entrance exam, he became a student at Kolkata’s Presidency College, graduating with a BA (Honors) in Economics in 1930 with flying colors. He completed his MA in Economics in 1932 and his LLB in 1933 from the University of Calcutta. In 1939, he completed his Bar-at-Law from Lincoln’s Inn in the United Kingdom, ranking first with distinction among participants from British India that year. However, his scholarly pursuits extended well beyond academics. He was widely knowledgeable in history, philosophy, political science, economics, law, sociology, theology, and English literature. Alongside Bengali, he was fluent in English, Arabic, Persian, Hindi, and Urdu. During his student years, he read notable works in Bengali, English, Persian, and Urdu literature. He was also active in literary and cultural activity during college days, serving as editor of the Presidency College Magazine. Renowned as an orator, he led the debating team at the University of Calcutta and earned recognition in sports, organizing the famous Mohammedan Sporting Club in the 1930s.
Upon completing his studies, he became widely known as an independent-minded writer, publishing numerous essays on various topics, including law, literature, culture, and politics, in both national and international media. His writings on the Palestine and Middle East issues in *The Guardian* gained him acclaim throughout the Middle East in those days. In *The Statesman*, his critical essays on Muhammad Ali Jinnah such as ‘Quo Vi diz Quaid e Azam’ and other topics gave him early recognition in the subcontinent. He possessed an encyclopedic knowledge of the works of Tagore, Nazrul, Iqbal, Shakespeare, Shelley, Keats, Tennyson, Hafiz, and Sheikh Sadi. His writings and speeches captivated readers and audiences with objective opinions, refined thought, depth of character, subtle humor, profound literary interest, resonant language, and an unshakeable sense of humanity.
Syed Mahbub Murshed joined the High Court in East Pakistan as a judge in early 1955. Although he had achieved significant fame as a lawyer, his reputation as a skilled brave judge soared. He viewed law not merely as a set of rules but approached it through realism, courage, and conviction. As Chief Justice in early 1964, he was uncompromising in maintaining the dignity of the judiciary, the rule of law, never aligning himself as a judge with party politics. He brought about significant changes in the judiciary within his tenure, emphasizing modernization, progress, and excellence. He issued suo motu rules from the High Court to protect minority communities and curtail communal violence. He was the first to introduce writ petitions in the High Court to reduce executive powers and protect fundamental rights. Due to his courage, prominent leaders like Sheikh Mujibur Rahman and many others were released. Even under authoritarian rule, he remained an emblem of ethical integrity and inspired others to pursue justice. He urged lawyers not to be confined to their professional boundaries but to play a guiding role in society’s fight for justice and the rule of law. Justice Murshed’s judgments reflected unwavering commitment to truth, empathy for the deprived, clarity and firmness of expression, with profound life philosophy, and steadfast dedication to truth earned him not only national but also international acclaim. Former UN Secretary-General Kurt Waldheim once noted that he was one of the world’s best judges, serving as a judicial icon in East Pakistan and later in independent Bangladesh.
Justice Syed Mahbub Murshed was a democrat who fought tirelessly for democracy. Although not strictly a politician even in later life, he was connected with all aspects of genuine democratic policies. Murshed believed in the freedom of the press, in thinking, and writing plus public speaking, and was convinced that without these, a society would lose its values and descend into ruin. Saddened by the decline in educational standards post Bangladesh, he urged students, teachers, and academics to rise for educational reform. He spent his life advocating for human rights, tackling every challenge with wisdom, courage, and dignity. This is why his name remains unforgettable and immortal. Today, as we fight for justice, democracy, freedom of the press, culture, education, development, social welfare, and the values of the Liberation War, we feel the profound absence of a figure like Syed Mahbub Murshed.
As a patriotic Bengali, he, like his uncle Sher-e-Bangla, opposed the partition of Bengal. Although divided by British conspiracies, the Bengali nation remained united in spirit, sharing the same language, food, and culture, with the same shared sky and dreams. Even after Murshed’s death, he continues to inspire; his absence becomes more deeply felt with the passage of time. In his last words, he expressed, ‘even after my death, my spirit will linger around the pricents of the bar.’ Hence, we search for him within courtrooms, on the paths of law, in the streets, in peaceful gatherings, and mainly in our struggles. Where can we find him! Will there ever be another person like him in Bengal?
References: Justice Syed Mahbub Murshed: A Profile by Shah Muhammad Khurshid Alam, Originally published: 2001, Publisher: Bangladesh Cooperative Book Society. Justice Latifur Rahman (January 11, 2015), “A tribute to Justice Murshed”, New Age. Retrieved May 2, 2016. Syed Mansoob Murshed (April 5, 2011), “On Justice Syed Mahbub Murshed”, The Daily Star. Retrieved May 2, 2016. “On Syed Mahbub Murshed”, The New Nation, January 11, 2016. Retrieved May 2, 2016. The Honourable Society of Lincoln’s Inn.
The Author ‘Hasnat Ariyan Khan’ is a Researcher and Convenor of Akhand Bangladesh Andolon (United Bengal Movement).
Email: hasnat.ariyan.khan@gmail.com
