Late Justice Shafiqul Haque – A Life sketch
He was a doyen of legal fraternity of India in general and Assam in particular. Late Justice Shafiqul Haque, former Chief Justice (acting) of the Gauhati High Court was in active public service till the day when he breathed his last following a cardiac arrest at Guwahati on 21st Jan’2009 at the age of 79.
At the time of his demise, he was the full time Chairman of two permanent commissions, viz. Assam Backward Classes Commission and Assam State Minority Commission. He was also serving as the Chairman of the advisory board of National Security Act for the state of Assam, Arunachal Pradesh; and as the Chairman of Advisory board formed under Meghalaya Preventive Detention Act.
Born in the year 1930 at Dibrugarh, Assam, Late Justice Haque did his matriculation in 1945 appearing from George Institution, Dibrugarh. After graduation from Islamia College, Calcutta University in 1949, he joined Aligarh Muslim University from where he did his masters in economics and LL.B in 1952. In 1953 he obtained a masters degree in Persian literature also. For a brief period he was a student of Cotton College when he had to leave Calcutta following outbreak of partition riots. As a student of law, Late Justice Haque acquired great command in civil, criminal, constitutional, arbitration, labor and industrial laws.
Late Justice Haque started his legal practice as a member of Dibrugarh Bar Association from 1953 and continued the same till 1956. During that period, he was the founder secretary of the Jamiul Ulum Madrassa, Dibrugarh. He was also the president of the relief society for erosion affected people of Dibrugarh as his family itself was a victim of river erosion at Dibrugarh. Late Dr.Nobiullah father of Late Justice Haque had to settle at Tinsukia many years ago.
From 1957 onwards, as a junior grade-II Assam Judicial Service officer he served a number of lower courts in places like Dhubri, Karimganj, Kokrajhar, Barpeta before being promoted to the rank of district and sessions judge in the year 1971. In between, he had two stints as deputy registrar in the Gauhati High Court. In the year 1984 he was elevated to the bench of the Gauhati High court. To take up the equally challenging judicial responsibility of Vice Chairman of Central Administrative Tribunal, North Eastern Region, Guwahati bench, late Justice Haque prematurely demitted the position of the Chief Justice (acting) of the Gauhati High Court in 1992. As Vice Chairman, CAT, he served till 1994. During his stint in this august office he delivered many Landmark judgments settling administrative disputes.
His experience of working both as lawyer and judicial officer in the lower courts reflected well in his judgments as high court judge. Despite his high position he led a very simple life and freely interacted with all sections of people till his last days. He urged lawyers of younger generation to do active social work, citing the fact that lawyers have greater responsibility to enlighten people of their constitutional and legal rights. He also stressed the need for cordiality between the bench and the bar and the executive and judiciary to raise the level of faith and trust of the common people in our judicial and administrative systems. When invited to speak, he delivered highly knowledgeable discourses on various aspects of Islam including women’s education, responsibility of children to their old parents, minimum wages to laborers, service to the nation etc. which were deeply appreciated by the listeners. He was a true friend and a guide for large number of families belonging to various social strata not only on legal matters but also on matters pertaining to faith, institution of marriage and career.
When in August 1994, the Assam Backward Classes Commission was formed, he was appointed as its first Chairman. Similarly in the year 2003 he was a natural choice of the government for heading the newly formed State Commission for Minorities. He ran both of these with distinction till his demise.
Justice Haque was well known for his path breaking judgments both as judge of Guwahati High Court and as chairman of number of independent commissions such as commission of inquiry into the Death of student leader Subhas Sharma in 1984, Baihata Chariali incident of torture and humiliation of teachers in the year 1995, death of Ripunjay Acharjya and Hemchandra Sarma in Sipajhar in the year 1995 and Kokrajhar and Bongaigoan district ethnic violence in the year1996. His contributions as legal custodian (as District Judge Kamrup) of Hajo Pua Mecca Dargarh and Kamakhya Tample is still being remembered by many.
Late in the year 1997, Justice Haque joined as an associate member of International Chamber of Commerce –India chapter (ICC-India). In the year 1998, International Court of Arbitration through ICC – India, appointed him as Chairman of the arbitral tribunal for arbitration of a case between the Korean Company M/s Daelim Engineering Co. Ltd and Numoligarh Refinery Ltd. He was probably the first Assamese to head such an international arbitration tribunal. In 2007 he also chaired the expert committee to examine the suitability of draft Model Police Act prepared by Soli Sorabjee Committee. The result is the enactment of the present Assam Police Act’2007.
Besides being a legal luminary of national standing, Late Justice Haque was a philanthropist too. He led and nurtured a number of charitable institutions of diverse faith in the areas of religion, scientific learning, health and vocational training. He believed in the economic upliftment of minorities and other backward classes of the society primarily by building quality institutions and raising promising young leaders and professional from such communities. In 1998, the R G Baruah Smriti Rakhya Committee while celebrating the 98th birth anniversary of the legend, felicitated Justice Haque for his services in the field of law and social justice.