Biography of chief Justice Muhammad Habibur Rahman.

Muhammad Habibur Rahman (also known as Shelly) was a former chief Justice of Bangladesh Supreme Court. He was educationist, lawyer and jurist. He was the chief adviser of the 1996 caretaker government which oversaw the Seventh parliamentary elections in Bangladesh.

He was born on December 3, 1928 in the village of Jangipur of Murshidabad district, West Bengal. His father Moulvi Jahiruddin Biswas was a lawyer, and his mother was Gul Habiba. Habibur Rahman passed matriculation examination (SSC) in 1945 from Jangipur High School and IA examination in 1947 from Presidency College in Kolkata. He got a BA degree in history, securing first class first from the Rajshahi University in 1949. He took his Master’s degree in history, securing first class first from Dhaka University in 1951. In the early 50s, although he secured first class first in both BA and MA in history, he got into trouble getting employment because of the DIB report. He introduced an innovative way of protest for not securing a job by selling cigarettes at the main gate of the then Dhaka University (now Dhaka Medical College Hospital). When we asked, he used to say: “I have to work for a living.” The government was embarrassed, and he was awarded a Commonwealth scholarship for higher studies in England. Habibur Rahman obtained BA (Hons) and MA degree in Modern History in 1958 and 1962 respectively from Worcester College, Oxford. On completion of Bar-at-law from the Lincon’s Inn he joined the English bar in 1959.

Habibur Rahman began his career as a Lecturer in History at Dhaka University on 1952. Later he joined Rajshahi University where he subsequently held the office of Dean of the Faculty of Law (1961) and of Reader in History (1962-64). Habibur Rahman changed his profession in 1964 and joined the Dhaka High Court bar. In his legal career he held the offices of Assistant Advocate General (1969), vice president of High Court Bar Association (1972) and member of Bangladesh Bar Council (1972).

Habibur Rahman was appointed a judge of the High Court in 1976, and judge of the Appellate Division of the Supreme Court in 1985. He was the Acting Chief Justice in 1990-91 and was made Chief Justice of Bangladesh in 1995. His juristic competence is demonstrated in his opinions and interpretations as pronounced in many of the Bangladesh Supreme Court’s decisions concerning vital issues, such as, admiralty jurisdiction, amendment of the Constitution, citizenship, habeas corpus, administrative tribunals and court jurisdictions.

Justice Habibur Rahman participated in a number of international conferences of lawyers and jurists including the Conference of Chief Justices of Asia-Pacific in Perth, Australia (1991), Fourth Commonwealth Chief Justices Conference in Abuza, Nigeria (1992), First SAARC Chief Justices Conference in Kathmandu, Nepal (1995), conferences and seminars on law and human rights held at Saopaolo (Brazil), Kualalampur (Malayasia), Berlington (USA), Athens (France), Georgia (USA), Oxford (UK) and New Delhi (India). Habibur Rahman retired from service as Chief Justice of Bangladesh in 1995. As per constitutional provision, he took oath as Chief Advisor of the caretaker government for conducting the elections of the Jatiya Sangsad in 1996. He successfully pioneered the affairs of the Caretaker Government.

Justice Habibur Rahman was a Bhasha Shainik and his contributions to the Language Movement , 21 February 1952 of Bangladesh is remarkable. He was the first person to break the section 144 lead the first batch of procession. He went to prison for his active involvement in the language movement. He is an author of many books in Bengali on law, language, literature, poetry and religion. Justice Rahman was awarded Bangla Academy Prize for Literature in 1984 and Ekushey Padak in 2007 for writings on diverse subjects. He is a Fellow of the Asiatic Society of Bangladesh; Fellow of the Bangla Academy; Honorary Bencher, Lincoln’s Inn; and Honorary Fellow, Worcester College of Oxford University.

He was regarded as the “conscience keeper” of the nation. Whatever position he held, he distinguished himself. On 11 January 2014, at the age of 85, Justice Muhammad Habibur Rahman died at United Hospital, Gulshan, Dhaka.

BIOGRAPHY OF JUSTICE MR. MAHMUDUL ISLAM

Featured

Mr. Mahmudul Islam was born in Rangpur on 24th July 1936. His father Mr. Azizul Islam was one of the prominent lawyers of Rangpur district at that time. His mother was Mrs. Jahanara Islam. Mr. Islam passed his Higher Secondary level from Rangpur Carmichael College. He completed his B.A in 1955 from Rangpur Carmichael College and later he completed Masters on Political Science from the Dhaka University, in the year 1957. He achieved his Law Degree from the same university, in the year 1959. In 1980 he received his LLM degree from Indiana University in the US.

Following his father’s footsteps, Mr. Islam also joined Rangpur District Bar, from where he started his career in the year 1961. Besides working with his father, Mr. Islam had the privilege of working as a Junior with prominent lawyers of Rangpur Bar such as Bijoy Chandra Moitor, Shital Rai Chowdhury and Shibandronath Mukhpadhai. He was enrolled as an Advocate of the then High Court at Dhaka in 1967 and started practice in the High Court Division. He had the privilege of working as a Junior with renowned lawyer Birendra Nath Chowdhury. He also worked as an Associate of the legendary lawyer Mr. Syed Ishtiaq Ahmed. Mr. Islam was enrolled as an Advocate of the Appellate Division of the Supreme Court of Bangladesh in 1972. He worked as a Special Prosecutor relating to War Crimes from April 1972 to December 1973. He also worked as an Assistant Attorney General from 1972 to 1976. He was granted the status of Senior Advocate in the year 1995. He was appointed the Attorney General for Bangladesh in 1998, and served till 2001. The aura surrounding Mr. Islam drew love, respect and attention of his colleagues, juniors and Judges. His submissions and research skills in his work yielded effective and practical results in all the cases he worked on. For his entire life he fought for ensuring justice and rights of the citizen under the constitution and other legal frameworks.

Mr. Mahmudul Islam was recognized as the pole-star of our judicial system and he handled all circumstance with his extraordinary brilliance. Courage and boldness to stand up for his beliefs, regardless of the consequences, was one of the very traits possessed by this exceptional individual, which in turn gave others hope in trying times. He led the nation in various critical periods into the right course and he became the voice of the nation.

Mahmudul Islam was the first lawyer in Bangladesh to write a substantial research based book on the Constitution, proving himself the most talented constitutional jurist in the country. His book titled the ‘Constitutional Law of Bangladesh’ is the most cited constitutional law book in our jurisdiction. The book itself has now become an authority on our constitution. His analysis on constitutional affair was very blunt and concise, reflecting his intelligence in an outspoken manner. Moreover, he introduced another branch of his legal acumen on civil procedure with co-author Mr. Probir Neogi, Senior Advocate, Supreme Court of Bangladesh. Two volumes of their books on the ‘Law of Civil Procedure’ is another treasured creation by the geniusof Mr. Mahmudul Islam. Mr. Islam’s book on Interpretation of Statutes and Documents was his latest addition to his scholarly contribution to our legal system. Furthermore, he was founding Editor of the law journal ‘Bangladesh Legal Decisions’ (B.L.D) published by Bangladesh Bar Council, during the years 1981-1982. This eminent jurist had his own style of interpretation. His sentences are lively and citations are precisely on the point. In many occasions the Supreme Court sought his opinion as an Amicus Curiae in significant cases like that of 8th Amendment Case, 13th Amendment Case, President’s Reference relating BDR Mutiny, Dr. Nurul Islam’s Case, etc.

The former Attorney General died at the age of 79 on 15.2.2016, Monday night, at a Dhaka hospital after suffering from geriatric diseases. He has left behind his wife, two sons (who are both engineers and residing at Canada), a grandson and a granddaughter. He was buried at Rangpur. His death caused an irreparable loss to the nation as he was among the most talented constitutional jurist in the country.