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Wednesday, November 20, 2024
Founder : Barrister Mainul Hosein

He refused to be ‘Mr No’

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A man of rare calm, courage and bold integrity, the former interim President and Chief Justice Shahabuddin Ahmed left us leaving behind a great legacy the nation will do well to follow in the midst of cowardice of selfishness of sections of our educated people. To whom slavishness is no dishonour. Greed is no dishonesty.
As Chief Justice he refused to administer oath when some judges were appointed for the Supreme Court by the BNP government without consultation with him as required under the Constitution.
He refused to be “Mr No” to accept them as judges of the Supreme Court in his words refused to administer the oath of office. The lawyers supported him unitedly. The government accepted the need of meaningful consultation with the Chief Justice and cancelled the appointments.
When after the fall of Gen Ershad government in a popular uprising and the political leaders could not offer a plan as to how to do deal with the vacuum of no government, he was persuaded after trying hard by the civil society leaders of the movement to play the role of holding the free and fair election. He accepted at last as Chief Justice so that he does not have to continue as President.
At a time of crisis as Chief Justice he accepted the position and not for remaining as President. This condition was agreed to by both the major political parties. To him the responsibility of dispensing justice was more important than arrogance of political power
A great man becomes so by great examples he lived by. Bangladesh has turned into a country where bad examples are good for greatness.
Mr Justice Shahabuddin earned not only the good reputation of holding so fairly the election under the caretaker government of former Chief Justice Latifur Rahman, he also saved the good name of the judiciary.
As a justice and after he was elevated to be the Chief Justice his humanity and dedication to do Justice to the weak and helpless ones was not matter of compromise. He tried hard to keep the people’s faith in the judiciary. He proved that the judiciary is not to please the government but to help the victims of abuse of government’s power. In his view the judiciary is to ensure justice to the people against the wrongs of the powerful ones. Justice was to him was much more than the law or police.
As President, he was about to sign the law for the separation of power but by the influence of the bureaucrats Begum Khaleda Zia requested him not to approve it. It will be done by the elected government. He was undone and misled by the would be prime minister Begum Khaleda Zia. He amended the Special Power Act in the greater interest of the free press.
His judgements were deep and thoughtful and will be held high.
But the most regrettable thing is we have built the image that honesty and patriotism is nothing in those who count. Corruption can buy almost anybody. Justice is uncertain.
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