The demise of the justice who saw the nation through its journey to democracy

Former president and chief justice Shahabuddin Ahmed died yesterday at Dhaka's Combined Military Hospital (CMH) at the age of 92.

A bona fide jurist, Shahabuddin left his mark in the body of the country's legal precedence through many of his judgements. But his role as the head of an election-time government, which reinstated democratic elections in 1991, will likely be the more notable part of his legacy, political analysts say.

"His immense contribution to a fair election under a caretaker government will always be remembered," said Supreme Court advocate and commentator Shahdeen Malik.

As the then sitting chief justice, Shahabuddin Ahmed became head of the caretaker government following the climax of an uprising in December 1990 and the fall of General Hussain Muhammad Ershad – the country's military ruler since 1982.

As the head of the interim government, he amended a number of laws, including the Special Powers Act, in order to restore freedom of the press by initiating an era of press freedom that was arguably unprecedented.

After the election and transfer of power, Shahabuddin Ahmed resumed his Chief Justice duties and remained in the position throughout the BNP-ruled government's tenure.

As a judge, his legacy is firmly cemented owing to his rigorous approach to legal reasoning.

The judgment of the Anwar Hossain Chowdhury vs Government of the People's Republic of Bangladesh, also known as the "Eighth amendment case" – in which Shahabuddin Ahmed was one of the four Appellate Division judges that heard the case – first introduced the doctrine of "basic structure of the constitution" to the country's jurisdiction.

Ever since the judgment, the Appellate Division continued to apply this doctrine in almost all constitutional cases while determining the legitimacy of any constitutional amendments.

In the judgment, Shahabuddin Ahmed "…criticised the tendency of the Third World dictatorships to abrogate the constitutions for self-aggrandisement and coterie-rule under the thin veneer of democracy, for curtailing fundamental human rights, violation of human rights, challenge to people's sovereignty, denial of the independence of the judiciary, and substituting rule by fiat in place of rule of law," the Banglapedia entry on the former chief justice notes.

He also rebuked restricting the traditional powers of the High Court by the executive branch in matters of appointment, promotion, transfer, leave, and control of subordinate judiciary.

One of the counsels for the petitioner in the famous "Eighth amendment case", Barrister M Amir-ul Islam says Shahabuddin's judgments are a "great source of jurisprudence" in Bangladesh.

"I am deeply shocked by the news of his death. Justice Shahabuddin Ahmed was our Chief Justice. His judgments should be preserved," the eminent lawyer told The Business Standard.

Verdicts and judgments by Shahabuddin Ahmed continue to be important precedents in a number of matters, including service matters, election disputes, and labour disputes.

These judgments, published in all leading law reports – which are publications that record important judgements – have become parts of Bangladesh's legal lexicon.

"He occupies the place of the most respected chief justice since our liberation," said Shahdeen Malik, adding, "He had such a big stature and yet he was very humble in the way he lived and conducted himself. There are not many like him."

Kashefa Hussain, a justice of the High Court Division, remembers the former chief justice as a colleague of her father, Justice Syed Muhammad Hussain.

"Our houses were next to each other. He was a very dedicated justice. He was always very kind to me and would advise me to be sincere in my law practice whenever we met," Justice Kashefa Hussain told The Business Standard.

She said she comes across Shahabuddin Ahmed's judgments regularly in the course of his work as a sitting High Court judge.

"His judgments had very good interpretations of the law and we still consult them," she said.

He became the president of the country on 23 July 1996 after being nominated by the Awami League, which had just formed a new government.

Despite the president having only symbolic importance in most of Bangladesh's state functions, Shahabuddin Ahmed's uprightness earned him universal respect.

He retired as president on 14 November 2001.

When back in 1991 Shahabuddin Ahmed was about to hand over power after conducting the successful and historic election, Bangladeshi editor Matiur Rahman wrote in the erstwhile daily Ajker Kagoj (now republished by the Prothom Alo) about how Justice Ahmed's honest dedication to democracy will be appreciated.

"…Justice Shahabuddin Ahmed will leave his position as the temporary head of the government. There will be no big rallies or meetings marking his handover of duty. Nor will there be hundreds of buses and trucks carrying people [gathering to congratulate him] …But one this is certain. On the day Justice Shahabuddin Ahmed leaves, people of the country from all walks of life who want democracy will thank him silently," wrote the influential editor.

Mournings 

President M Abdul Hamid expressed deep shock and sorrow at the death of former president and chief justice Shahabuddin Ahmed. In a condolence message, the head of the state prayed for eternal peace of the departed soul and conveyed deep sympathy to the bereaved family.

In her condolence message, Prime Minister Sheikh Hasina also expressed deep shock and sorrow at his death. She prayed for eternal peace of the departed soul and conveyed deep sympathy to the bereaved family.