গুরুত্বপূর্ণ শহরে হাই কোর্ট বহাল রাখা উচিৎ
২৪ সেপ্টেম্বর ১৯৫৫
করাচী
অডিওতে কণ্ঠ দিয়েছেন Tahia Tabassum Trena
The constituent assembly of Pakistan::
Sheikh Mujibur Rahman (East Bengal: Muslim): Supporting the amendment of Mr. Ataur Rahman I want to draw the attention of my friends on the other side that they have declared that though Karachi has been amalgamated to West Pakistan, still administratively Karachi will be under the Federal Government and shall be treated as the Capital of the Federation. Sir, we know that without a High Court in the Federal Capital the Federal Capital cannot function. In any country of the world you can see that where there is a Federal Capital there is a High Court. They want to make one High Court at Lahore and it is not possible for people who will come from other parts of Pakistan to go there and to expect justice from Lahore. Take for example that in East Pakistan there is a High Court and supposing there is a case against me here in the Federal Capital. I expect, Sir that I will get justice from the High Court of the Federal Capital and not from the High Court of West Pakistan.
Mr. Speaker: Why?
Sheikh Mujibur Rahman: That is the point. If I go to Lahore and do some harm there, then there may be a question but if I come here and do anything then I cannot expect justice from Lahore.
Mr. Speaker: Justice will be equal in all the Courts; justice in England also.
Mr. Ataur Rahman Khan: No doubt about it. You can get justice in England also.
Sheikh Mujibur Rahman: Yes, in the Court of London also if I go we can get justice and trial there. It is only for this reason that when there are two units and the people of the two units will come here they must get justice at this place. They have taken Karachi in West Pakistan but they have said that it will be administratively under the Federal Capital but we want to see their intention whether they want to keep it as Federal Capital or not. If they want to keep it the Federal Capital in future, Sir, and they have not just bluffed the people of East Pakistan, there is the Sind Chief Court in Karachi, let it continue until we make a full constitution of the country. That is the amendment of Mr. Ataur Rahman and I think my friends, particularly Sardar Amir Azam Khan, a very reasonable man, will accept it.
Sheikh Mujibur Rahman: Sir, I can speak in English, but I must speak in Bengali also. Afterwards I will speak in English.
Mr. Speaker: Sir, I support the amendment moved by Sardar Abdur Rashid Khan for maintaining the courts where they are now functioning. It is necessary that people should get justice speedily and at a cheaper cost. That naturally requires the Courts to function near at home. It would be hardly possible for a man from the farthest corner of Baluchistan to run up to Lahore to seek redress in a court of Law. Of course we cannot expect nor do expect any justice from the ruling coterie who are more apt to detain persons behind the bars without any trial whatsoever. They are determined to maintain the black laws which have no parallel in any other civilized country.
Mr. Speaker: Please confine to the amendment.
Sheikh Mujibur Rahman: Yes, Sir, I am within my bounds. I am just making out the motive which is working behind in abolishing the different High Courts and in establishing one High Court at Lahore. Considering the vast area of West Pakistan it is necessary that permanent Benches of High Court should continue to function at least at the places where they are now functioning.
Chaudhuri Aziz Din (Punjab: Muslim): Sir, the Honourable Member is not relevant.
Mr. Speaker: He is quite relevant.
Sheikh Mujibur Rahman: So, sir, in the fitness of things, I support the amendment of Sardar Abdur Rashid Khan, as the mere oral assurances given by the other side would never be fulfilled, unless it is reduced to writing. I do not understand when the party in power assures the House that they would maintain Benches of High Court at the places where they are now functioning then what is the harm in reducing the same in the shade of amendment just moved by Sardar Abdur Rashid, I hope the House would accept the amendment.
Sheikh Mujibur Rahman: Sir, I support the amendment Sardar Abdur Rashid and in supporting his amendment I want to say something. Sir, in this Bill in part (b) they have said that notwithstanding the terms of his appointment in the specified territory, and such person may be required to serve in any post or capacity and in any part of West Pakistan.
Reference:
Iqbal, S. (1997) Sheikh Mujib in Parliament (1955-58), p. 40-51, Dhaka, Agami Prakashani