Late Justice Shahabuddin emerging even stronger in wisdom and integrity amid country’s political crisis

Analysts say that due to his impartiality, commitment to promises, and other qualities, Shahabuddin Ahmed remained permanently relevant in post-1990 politics. His wisdom and integrity continue to make him a figure of strength in the country’s current political crisis.

On December 6, 1990, a mass uprising led to the fall of the late President Hussain Muhammad Ershad. Prior to that, the then-Chief Justice Shahabuddin Ahmed was sworn in as Vice President on December 5. In the situation that emerged on December 6, he became the acting President by consensus of all political parties. Until the Fifth National Parliamentary elections were held, there was extensive discussion among all political parties, coalitions, and various groups, including the BNP and the Awami League, regarding what type of government would hold office. Ultimately, it was decided that an Interim Government would be formed under the leadership of the acting President. On December 9, Shahabuddin Ahmed was sworn in as the head of that government.

Just 78 days later, he conducted an acceptable and participatory election. Later, in 1996, during the Awami League’s tenure, he again served as President for a consecutive five-year period. Analysts say that due to his impartiality, commitment to promises, and other qualities, Shahabuddin Ahmed remained permanently relevant in post-1990 politics. His wisdom and integrity continue to make him a figure of strength in the country’s current political crisis.

On March 24, 1982, Lieutenant General Hussain Muhammad Ershad assumed power by imposing military rule in the country. However, throughout that decade, political parties were vocally opposed to his government. Through the joint ‘anti-fascist’ movement of the all-party student unity and the three alliances (eight-party, seven-party, and five-party), Ershad announced his resignation on December 4, 1990. That day, large crowds took to the streets. On December 6, he transferred power to then-Chief Justice Shahabuddin Ahmed, who promised to hold elections within three months. He managed operations toward that goal. While serving as head of state, he amended several laws, including the Special Powers Act, and restored press freedom. Under his Caretaker Government, an acceptable election was held on February 27, 1991, which was widely recognized as highly fair, impartial, and participatory.

Earlier, although all parties agreed to accept Shahabuddin Ahmed as head of the Interim Government, complications arose regarding constitutional legitimacy issues. At the time, he was the Chief Justice and was not willing to relinquish that post. He stipulated that after assuming the presidency and holding elections, he would return to the position of Chief Justice.

During the final period of Ershad’s rule, Major (Ret.) Manzur Quader served as the State Minister for Water Development. Reflecting on that time, he told Bonik Barta, “Shahabuddin Ahmed came to power with the understanding from the three-party alliance that he would return to the position of Chief Justice after the election. Even the Jatiya Party, which fell during the uprising, did not oppose this government. They did not stage any movement. Instead, by participating in the election, the party won 35 seats. The main reason he was entrusted with organizing the Fifth National Parliamentary elections was his position. Previously, those who had served as Chief Justice assumed state responsibility during critical moments. From the standpoint of impartiality, they chose the Chief Justice.”

After political parties agreed to Shahabuddin Ahmed’s condition, the framework for transferring power was finalized. On December 6, when Vice President Maudud Ahmed resigned, Ershad appointed Chief Justice Shahabuddin to the vacant position as acting President. After Ershad himself resigned, Shahabuddin assumed responsibilities as acting head of state. Although he served as acting President for nearly 11 months until October 10, 1991, he did not reside at the Bangabhaban during that period.

Mahmudur Rahman Manna, president of Nagorik Oikko, told Bonik Barta about Chief Justice Shahabuddin Ahmed, “Mr. Shahabuddin came quietly and then also left quietly. There was no display of power in him. One key reason he was able to control the electoral situation after the 1990 uprising was that he had no agenda. He wanted only one thing—a fair election. He did not want anything else. Because he had a single agenda, the task was easier for him.”

Under the nonpartisan government led by Shahabuddin Ahmed, known as the Caretaker Government, the Fifth parliamentary elections were held, and the BNP won and formed the government. Subsequently, in line with prior promises, the 11th Amendment to the Constitution was passed in Parliament on August 6, 1991. The amendment validated the appointment of Shahabuddin Ahmed as Vice President while he was Chief Justice and also legitimized his return to the position of Chief Justice. The bill, introduced by then Law Minister Mirza Golam Hafiz, passed in Parliament with a vote of 278–0, with agreement from both the ruling and opposition parties. The amendment received presidential assent on August 10. Following all procedures, Shahabuddin Ahmed relinquished the presidency and returned to the position of Chief Justice on October 9, 1991.

On this matter, BNP Secretary General Mirza Fakhrul Islam Alamgir told Bonik Barta, “After the 1990 uprising, Chief Justice Shahabuddin was able to conduct a successful election because the administration had not yet been fully politicized. The officials maintained an impartial role. At the same time, his advisory council was very strong. Within a short period, he reshuffled all secretaries, deputy commissioners, SPs, and even OCs. For example, he appointed the Agriculture Secretary as the Sports Secretary and moved the Sports Secretary to the Health Secretary post. At that time, because it was a Caretaker Government, there was no constitutional issue regarding the government. Beyond all this, as a person, he was very determined and upright.”

Shahabuddin Ahmed retired from the position of Chief Justice on January 31, 1995. Later, in 1996, the Awami League won the election and formed the government. At that time, the party decided to bring Shahabuddin Ahmed back to the presidency, though persuading him to agree required effort. Subsequently, as the Awami League’s nominated candidate, Chief Justice Shahabuddin Ahmed was elected President unopposed on 23 July 1996. He was sworn in as president on October 9, 1996, and served a continuous five-year term. During this period, the Eighth National Parliamentary elections were held. After the Awami League’s loss in that election, he faced criticism from the party. He later retired from the presidency on November 14, 2001.

Retired Supreme Court Appellate Division Justice Md Abdul Matin, who saw Chief Justice Shahabuddin up close, said, “He went from Chief Justice to Vice President and then became head of the Caretaker Government. In a crisis situation, he confronted the entire situation with courage. After conducting a fair election, he returned to the position of Chief Justice. Chief Justice Shahabuddin was very wise and brave. He prioritized the country’s interest over his own safety. He was respected and accepted by all people.”

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