FALI S. NARIMAN [1929-2024]
IN THE PASSING away of Fali Nariman, the country has lost not only an outstanding lawyer, but also a pillar of strength and a conscience keeper of the legal fraternity.
Soon after Emergency was declared in 1975, Fali (as he was popularly known) resigned as additional solicitor general of India, finding it impossible to represent an authoritarian regime. In those days, few would have dared take such a step, sending out a clear signal to the government of the day that suspension of our fundamental freedoms was unacceptable. That was Fali.
As a law student in Delhi, I had heard a lot about Fali’s court craft, presentation of submissions before the court, his legal acumen as well as his clarity of thought. It was a couple of years after joining the bar that an opportunity presented itself when I could actually watch Fali in action. It was a case having complicated facts and raised complex legal questions. Fali painstakingly took the court through the maze of facts and then expounded on the law with great lucidity. My senior (later a judge of the Supreme Court) who was opposing him, told me after the day’s hearing had concluded that he had yet to witness such a virtuoso performance. For the record, we lost the case.
In later years, I had the occasion to brief Fali in a couple of cases and also oppose him. On each occasion, I came home much wiser having learnt not only the law, but also how to prepare a case.
One advice that Fali often gave young lawyers was to sit in court and watch cases being argued. This would not only expose young members of the bar to different disciplines of the law, but also teach them how to argue a case and how not to argue a case. Equally importantly, it would enable the lawyers to understand the judges through their reactions. A few years ago, I was surprised to learn from Fali that when he does not have a case (which was seldom), or he is waiting for his case to be called out, he would follow his advice and spend time sitting in court and educating himself by watching the proceedings. Imagine.
Fali was not only highly respected as a lawyer, but was also loved and respected as a human being. He was kind and considerate to young lawyers and gracious to his colleagues at the bar, enquiring about their welfare and praising them for their achievements. I have not known of Fali criticising anybody; as he would say, everyone is entitled to their point of view.
I had the good fortune to hear Fali for a few days when he argued the challenge to the Constitutional amendment introducing the National Judicial Appointments Commission. He placed his submissions from all possible perspectives, emphasising, time and again, the importance of judicial independence. Now on the other side of the bar, I realised how outstanding and articulate a lawyer was Fali.
Fali’s fame was not confined to our country. Many lawyers and judges from different parts of the world expressed their respect for him on several occasions, and some actually held him in awe. I recall a senior judge emeritus from California holding him in very high esteem and frequently asking about him. A few others, whom I am in touch with, would invariably ask about his welfare and request to convey their regards to him.
There can be no doubt that we have lost a wonderful human being and an outstanding lawyer. May his soul rest in peace.
Lokur is a former Supreme Court judge.