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Former president and chief justice Shahabuddin Ahmed died yesterday at Dhaka’s Mixed Navy Hospital (CMH) on the age of 92.
A bona fide jurist, Shahabuddin left his mark within the physique of the nation’s authorized priority by means of a lot of his judgements. However his position as the top of an election-time authorities, which reinstated democratic elections in 1991, will possible be the extra notable a part of his legacy, political analysts say.
“His immense contribution to a good election below a caretaker authorities will at all times be remembered,” stated Supreme Court docket advocate and commentator Shahdeen Malik.
Because the then sitting chief justice, Shahabuddin Ahmed turned head of the caretaker authorities following the climax of an rebellion in December 1990 and the autumn of Normal Hussain Muhammad Ershad – the nation’s army ruler since 1982.
As the top of the interim authorities, he amended various legal guidelines, together with the Particular Powers Act, with a purpose to restore freedom of the press by initiating an period of press freedom that was arguably unprecedented.
After the election and switch of energy, Shahabuddin Ahmed resumed his Chief Justice duties and remained within the place all through the BNP-ruled authorities’s tenure.
As a choose, his legacy is firmly cemented owing to his rigorous strategy to authorized reasoning.
The judgment of the Anwar Hossain Chowdhury vs Authorities of the Folks’s Republic of Bangladesh, also referred to as the “Eighth modification case” – by which Shahabuddin Ahmed was one of many 4 Appellate Division judges that heard the case – first launched the doctrine of “primary construction of the structure” to the nation’s jurisdiction.
Ever because the judgment, the Appellate Division continued to use this doctrine in virtually all constitutional instances whereas figuring out the legitimacy of any constitutional amendments.
Within the judgment, Shahabuddin Ahmed “…criticised the tendency of the Third World dictatorships to abrogate the constitutions for self-aggrandisement and coterie-rule below the skinny veneer of democracy, for curbing elementary human rights, violation of human rights, problem to folks’s sovereignty, denial of the independence of the judiciary, and substituting rule by fiat rather than rule of regulation,” the Banglapedia entry on the previous chief justice notes.
He additionally rebuked proscribing the standard powers of the Excessive Court docket by the manager department in issues of appointment, promotion, switch, go away, and management of subordinate judiciary.
One of many counsels for the petitioner within the well-known “Eighth modification case”, Barrister M Amir-ul Islam says Shahabuddin’s judgments are a “nice supply of jurisprudence” in Bangladesh.
“I’m deeply shocked by the information of his loss of life. Justice Shahabuddin Ahmed was our Chief Justice. His judgments must be preserved,” the eminent lawyer instructed The Enterprise Commonplace.
Verdicts and judgments by Shahabuddin Ahmed proceed to be vital precedents in various issues, together with service issues, election disputes, and labour disputes.
These judgments, revealed in all main regulation reviews – that are publications that file vital judgements – have develop into components of Bangladesh’s authorized lexicon.
“He occupies the place of probably the most revered chief justice since our liberation,” stated Shahdeen Malik, including, “He had such a giant stature and but he was very humble in the best way he lived and performed himself. There usually are not many like him.”
Kashefa Hussain, a justice of the Excessive Court docket Division, remembers the previous chief justice as a colleague of her father, Justice Syed Muhammad Hussain.
“Our homes have been subsequent to one another. He was a really devoted justice. He was at all times very type to me and would advise me to be honest in my regulation apply each time we met,” Justice Kashefa Hussain instructed The Enterprise Commonplace.
She stated she comes throughout Shahabuddin Ahmed’s judgments commonly in the middle of his work as a sitting Excessive Court docket choose.
“His judgments had excellent interpretations of the regulation and we nonetheless seek the advice of them,” she stated.
He turned the president of the nation on 23 July 1996 after being nominated by the Awami League, which had simply shaped a brand new authorities.
Regardless of the president having solely symbolic significance in most of Bangladesh’s state capabilities, Shahabuddin Ahmed’s uprightness earned him common respect.
He retired as president on 14 November 2001.
When again in 1991 Shahabuddin Ahmed was about handy over energy after conducting the profitable and historic election, Bangladeshi editor Matiur Rahman wrote within the erstwhile every day Ajker Kagoj (now republished by the Prothom Alo) about how Justice Ahmed’s sincere dedication to democracy can be appreciated.
“…Justice Shahabuddin Ahmed will go away his place because the short-term head of the federal government. There can be no massive rallies or conferences marking his handover of responsibility. Nor will there be tons of of buses and vans carrying folks [gathering to congratulate him] …However one that is sure. On the day Justice Shahabuddin Ahmed leaves, folks of the nation from all walks of life who need democracy will thank him silently,” wrote the influential editor.
Mournings
President M Abdul Hamid expressed deep shock and sorrow on the loss of life of former president and chief justice Shahabuddin Ahmed. In a condolence message, the top of the state prayed for everlasting peace of the departed soul and conveyed deep sympathy to the bereaved household.
In her condolence message, Prime Minister Sheikh Hasina additionally expressed deep shock and sorrow at his loss of life. She prayed for everlasting peace of the departed soul and conveyed deep sympathy to the bereaved household.
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