‘Colossus’: Advocates, judges recall Nariman’s journey at Bombay Bar

Senior advocate Navroz Seervai said: “I have known him (Nariman) since my childhood. It is universally acknowledged that he was a colossus at the Bar. He dominated the Bar at the Supreme Court, for probably 40 years, as no other lawyer before him has dominated.”

Seervai also said Nariman’s contribution to all branches of law was “virtually unparalleled” and he was a remarkable senior to appear with. “He was a taskmaster, but at the same time he was very generous and encouraging in his praise for the juniors for good work,” Seervai added.

Seervai said Naiman’s commitment to independence of the judiciary was reflected in him taking on a challenge to the National Judicial Appointments Commission (NJAC) Act and prevailing in the Supreme Court. “In addition to several other landmark cases, which we can call ‘Nariman’s legacy’, in recent years, it has to be the NJAC case which was noteworthy and cannot be forgotten,” he emphasised.

Advocate General Birendra Saraf of Maharashtra Government said: “Fali Nariman’s passing is an insurmountable loss not just for the judiciary but the entire nation. Generations of lawyers have drawn inspiration from him… Very rarely do lawyers instrumentally influence the very evolution of a society. Nariman has been at the centre of India’s legal growth in the past decades. In his passing away, this country has lost a jurist and intellectual fully dedicated to the upholding of individual liberty and freedom of speech.”

On Wednesday, during a hearing at the Bombay High Court, senior counsel and former Attorney General Mukul Rohatgi spoke about Nariman’s death being an “end of an era”. “He was an indisputable leader of the Bar. This (Bombay) Bar knows him well. I pay homage to him,” Rohatgi said. Justice Girish S Kulkarni, before whom the hearing was on, also said that he had the opportunity to appear with him.

Senior advocate Nitin Thakker, the president of the Bombay Bar Association, said that as the high court was holding a full court reference Wednesday after the passing of Bomi Zaikwalla, he had contacted Nariman via email on Tuesday. Nariman’s reply, in his trademark fashion, came as an attached document bearing his signature — “in firm handwriting at the age of 95”.

“I had requested him to attend online a full court reference for Bomi Zaiwalla, who also happened to be his junior. Fali Nariman was a great soul and was a product of the Bombay Bar. We are proud that we are in an era in which he was the leader and doyen of the bar and a great jurist. He has always been a very gentle person and encouraged us as juniors. His work will continue to be a guiding light to us,” Thakker said.

Senior advocate Darius Khambata, too, remembered Nariman as the “conscience-keeper of the Supreme Court”. “We will probably never see a more complete lawyer than him in practice… He spoke his mind freely and courageously on various issues, but in court he was always respectful to the judges and lawyers and always read the character and thought process of the judge correctly. His court-craft was second to none… The learning that I got during the time I worked with him on a few matters will remain with me my whole life. The 1980s and 1990s was the age of Fali Nariman. His legacy will live on as those who worked with him are familiar with his courage. I cannot forget his act of great valour when he resigned as Additional Solicitor General of India to protest against the Emergency.”

Former Chief Justice Ramesh D Dhanuka of the Bombay High Court who witnessed Nariman’s “eminence as a jurist”, said: “I personally liked his fair criticism on Supreme Court judgements, whenever he would find something right is not done and he would not hesitate to make any comments on it. Nariman was my father’s opponent in several matters and as a lawyer, I used to attend his matters as a learning experience. When I was sitting as a junior judge with the then Justice D Y Chandrachud of HC (now Chief Justice of India) in 2012, Nariman was appearing for Wadias, I had a certain question but could not gather courage. After Justice Chandrachud conveyed to Nariman about my query, he politely and gracefully responded to it and my confidence of asking questions to a senior like him was boosted due to his approach.”

Justice Dhanuka added that Nariman was a “fair lawyer” if his client was wrong, he would not support them. “He had made some comments about his clients in open court too. This quality is lacking in most of the advocates now, who try to protect their clients irrespective of them being right or wrong. Nobody can match his contribution to our judiciary.

Nariman came to Mumbai in 1944 to study at St Xavier’s College where he had secured admission for an Arts degree. In his autobiography, Before Memory Fades, Nariman had said that he graduated in 1948 with a second class and hence “took his chance” with law.

“In those days, unlike today, there were few options for a second-class arts student, particularly one not conversant either with mathematics or any of the sciences. The last refuge for such a student was to take his chance with law — which I did,” he wrote.

He studied at Government Law College, Mumbai, India’s premier law premier institution which was established in 1855. His lecturers at the institute included Yeshwant V Chandrachud who became the Chief Justice of India and is the father of the current Chief Justice Dhananjay Y Chandrachud. Another lecturer, Sir Jamshedji Behramji Kanga, went on to become Nariman’s senior when he began practising law. At the law college, Nariman excelled, not only coming second in his final LLB examination but also winning a gold medal in Roman law and jurisprudence.

As a 21-year-old with a law degree, Nariman joined the Bombay Bar in November 1950, where several legal luminaries practised — including Nani Palkhivala T R Andhyarujina, Soli Sorabjee and Ashok Desai.

After enrolling at the Bar, Nariman worked for two years as an apprentice with a law firm before securing entry to Kanga’s chambers located within the high court building. He called this “the most important prop” to his professional career. One of his contemporaries at the time was Soli Sorabjee, a former attorney general of India, a “rival-turned-friend” as Nariman called him in his book. He continued practising in Mumbai for around 22 years and moved to Delhi in 1972 when he was appointed the additional solicitor general of India.

Before that, in 1966, Nariman was also offered a judgeship in the Bombay High Court, which he had declined “for financial reasons”. In those days, the monthly stipend for a high court judge was Rs 3,500. Nariman said this was insufficient to support his family, including his wife, two children and grandmother.

The Bombay Bar Association, the oldest association of lawyers practising before the High Court, expressed its condolences on the passing of Nariman. “In his passing, it seems a whole generation has left us. He stood steadfast for upholding the Rule of Law and was a staunch advocate for personal liberty. His sacrifice during the Emergency is well-documented… He has left a void that cannot be filled,” the BBA noted, adding that it will strive to take his legacy forward.

Senior advocate Rafique Dada, a legend of the Bombay bar who appeared with and against Nariman in a few matters, said this was the “end of the greatest master of law who turned a case by his superb advocacy”. He said: “I worked with him on a complicated matter of the enforcement of a restrictive covenant. Also, I have memories of the longest suit heard in the Bombay High Court where financial institutions sought a right to a preferential allotment of Shares. I appeared against him in the case of Escorts against the entry as a shareholder of Swaraj Paul. He was a great fighter and gave his utmost and drew the best from his juniors. His assessment of the Court was exceptional. He read the Court like a book. No words can describe him fully. His memory will live on and his life will inspire generations to come.”

Senior advocate Indira Jaising, in a post on social media X said: “Fali Nariman was the last generation of lawyers from Bombay who shaped and moulded the history of constitutional law in India, a voice that stood by secular values, for the independence of the judiciary.”

Advocate General Birendra Saraf of Maharashtra Government said: “Fali Nariman’s passing is an insurmountable loss not just for the judiciary but the entire nation. Generations of lawyers have drawn inspiration from him… Very rarely do lawyers instrumentally influence the very evolution of a society. Nariman has been at the centre of India’s legal growth in the past decades. In his passing away, this country has lost a jurist and intellectual fully dedicated to the upholding of individual liberty and freedom of speech…”