the daily guardian saturday | 01 may 2021 new delhi legally speaking 7

in Memory Dr Abhishek Singhvi’s fond memories of Soli Sorabjee Dr Singhvi in a very recent article in a Festschrift on Sorabjee in 2021 on his 91st Birthday on March 9, 2021 delicate nuances of which ] fully understood only when I dived deep into it while arguing the Uttrakhand, Karnataka (twice), Maha- analysis rashtra, Jharkhand and Goa cases. Cur to 1987, the year when Dr Abhishek Manu Singhvi Soli, his then favourite chamber junior Salve and myself were invited to Pa- kistan (Karachi) to speak eminiscing about up this point or that and ref- at the Bicentennial of the Soli conjures up so erence to some case law. Al- US Constitution. Soli had Rmany memories and though Soli cut his teeth on a large circle of friends in images. A sprightly Soli in excise law when he moved the legal community of that the early years in his barsati to Delhi (and as second as- country and was already office in Sunder Nagar—a sisting counsel very briefly regarded as something of period when Sunder Nagar with Ravinder Narain of the a legend. Every evening, was not known as a lawyers’ then JBD, the reigning czar Soli would regale us with colony. Sparse and bare, the of excise law, I was privi- his mimicry sessions. No office was a no nonsense as- leged in the early 1980s to icon was exempt and no sembly line of short precise appear with them for a few pomposity immune from conferences in the morning months in many of those ex- puncturing, from judges lawyer. In that pre 24×7 share 2 wall), it is my abid- Partner of one of India’s press would be his choice. ideology. Nor has he ever of hearing day as far as SLPs cise cases in court number to lawyers to politicians in media era, Soli would be a ing regret that I have not very top law firms, Soli His commitment to it has carried any difference of were concerned. Soli would one of the Delhi High Court, Soli’s vast repertoire. I have star speaker at every major spent sufficient time with will always express a tinge been unfailing and unflag- view, as for example on rely on his two or three jun- known as the St. Stephen’s been privy to some equally seminar, 3 regular writer in him, listening to his consid- of regret, and has said so ging, never affected by the many issues with me, even iors, make a one line note Bench comprising the Sher- good mimicry sessions at newspapers, an organizer of erable talents as a raconteur to me, as to how much he vicissitudes of contempo- anywhere near the zone of of a point on the last hard wani wearing Chief Justice, Soli’s residence in Delhi, es- or participant in several jazz and as a2 treasure house of would have liked Zia to be rary ambiance or or the bitterness of pettiness. inside cover page of the file. Prakash Narain, sitting pecially when the redoubt- events, a presence at poetry anecdotes. years advance, I a counsel! He gets livid at burdens and exigencies of My two abiding regrets We would be out in a maxi- with the cherubic BN Kir- able Divyang Chhava, a sessions and generally a repeatedly tell him that my secing marked, annotated high office. Of his numer- are that Soli is one of India’s mum of 10 minutes, usually pal), he was happiest and at strapping, bulky and mus- hyperactive social, profes- wife and I are a phone call of or highlighted books and ous writings, this subject best ambassadors which dissatisfied with his degree his professional best when cular Advocate exceeding sional and public figure in guard call away at any time will grimace violently it has occupied and excited this county never had and, of understanding and ab- he did public law cases. His Soli’s expertise in this de- Delhi. of the day and night and anyone sneezes in his pres- him most. His commitment secondly, that he should sorption and alarmed at consummate ease showed partment, was active in the His love of books is leg- that he should not hesitate ence. A measure of his lead- to this cause has remained have written two books, the last minute conference when he argued the Sat- profession. endary. To this day, his to call upon us. The gentle- ership and magnanimity is undiluted. Despite possess- ready in his head, long ago: a few minutes before court want Singh case (right to Soli always epitomized favourite retreat is his den, man that he is, he has never the illustnous line of cham- ing a different political per- his memoirs and a book on started. And then he would travel case), the pleasure the saying that a lawyer do- lined neatly with his most invoked this liberty even ber juniors spawned by suasion, Soli has steadfastly public law, While the first astonish us with his dex- was patent when he talked ing only law would always treasured possessions. As partially or fractionally. him: Subramanium, Salve, believed in Voltaire famous is unfulfillable, I end by re- terity inside the court, his of the Maneka Gandhi case remain a mason. It is only he rightly says, they are his Occasionally, when my wife Ganesh, Haksar, to name a dictum that he would disa- peating the second entreaty, nimbleness with the point (the passport case) and his a lawyer’s interest in litera- best friends who have never tends him a dish cooked by few out of many. Though a gree violently with anyone as already personally con- at issue, repeatedly hitting expertise shone when he ture, in public affairs, in hu- let him down. Shakespeare her, Soil’s prompt call re- year older than my father, but defend to death that veyed to him many times. the nail on the head when delved gleefully into trea- man rights and so on, which remains his favourite and flects his unfailing courtesy. and a good friend of his, he person’s right to disagree questioned by the Court and tises like Wade on Admin- would enable him or her to his recitation from diverse As a young achiever (a has effortlessly and from with him. Fie has so newer Dr. Abhishek Singhvi is third usually carrying the day. istrative law (Wade hav- claim to be an architect. Soli works of the bard is aston- senior advocate at 41, twice Day One, bridged any gen- hesitated to criticize and to term sitting MP, eminent jurist, Regular final hearing con- ing been also mv guide for was omnipresent and om- ishingly impressive. His Attorney General), Soli erational gap that might his views candidly, when- former Chairman, Parliamen- ferences were longer and the PhD at Trinity College, niscient in every such non ironical and sometimes clings to his old fashioned have been. ever the cherished values tary Standing Committee on mercifully held the previous Cambridge) or De Smith on legal department, a trait I caustic humour owes much Likes and dislikes. Despite If Soli was forced to of free speech are endan- Law & Justice, former Ad- evening, but there again, the the same subject. Some of consciously and largely un- to his love o d the humongous achieve- choose amongst his many gered, even if that assault ditional Solicitor General & notes were sparse and in- his best moments are in the successfully tried to follow As my immediate cheek by ments of his daughter Zia passions, I would guess emanates from those of Soli’s immediate neighbour for structions precise: to look seminal Bommai case, the in my early years as a young jowl neighbour (our houses as founder and Managing freedom of speech and his political persuasion or last 20 years.

Analysis Advocates Act Introduced A ‘Caste System’, Section 16 (2) Violates Article 14: Fali S. Nariman Khan way back in 1994 took on to remark that Section can this be just glossed over? arena. Both Modi and Ravi vocates we see proudly brag Quite remarkably, Nari- a firm vow from me that I 16 (2) of the Advocates Act, It has to be taken most seri- Shankar hold him in the that they became senior at man then very rightly added shall never bow my head 1961 which primarily is ously as this stinging, sharp highest esteem and very the age of 37 or 38 and many that, “If at all the distinction in front of any person no concerned with the desig- and straightforward remark rightly so! Judges too have no compunc- between senior advocates analysis matter how great a person nation of Senior Advocates comes from none other than While saying what he tion in proudly acknowledg- and other advocates ought may be except God whom based on the opinion of the the world’s top jurist – Fali wanted to say briefly, Nari- ing this. But Nariman while to be retained, then Section I worshipped just like him. Supreme Court or the High Sam Nariman. man waxed eloquent to can- fully committed on his firm 16 (2) of the 1961 Act must Sanjeev Sirohi But let me candidly confess: Courts – is violative of Ar- It would be worthwhile to didly confess that, “I must principles does not approve be rewarded so as to provide My head bows whenever I ticle 14 of the Constitution mention here that while ap- endeavour to condense my of this. This discriminatory that seniority in the legal pro- see Fali Sam Nariman in TV (right to equality) and should plauding magnanimously remarks within the stipu- practice must be consigned fession should be assessed speaking on some subject or therefore, be deleted. More the worth emulating system lated period of time not for- to the flames at the earliest. objectively simply by the When an intellectual gi- 1988. He was appointed to see him in my mobile phone. precisely, Nariman then followed in USA, the top ju- getting what Rabindranath Without mincing any number of years of practice ant like Fali Sam Nariman the Advisory Board of the I have definitely broken that while elaborating on it did rist Nariman then minced Tagore said in his poem words, Nariman also went at the bar, not by the personal whom I personally rate as United Nations Conference vow which Sageer Khan had not mince any words to hold no words to state most elo- Geethanjali that a butter- on to say point blank that, choice or opinion of the ma- the world’s top jurist and it is on Trade and Development told me to take. But I just in no uncertain terms that, quently that, “In any case, in fly has not months, but “Those days are long gone jority of judges.” What Nari- not just me but his extremely in November 1999 and also don’t regret and I am cer- “No objective criteria is laid my view, Section 16 (2) is now moments to live, but it has and that with the complete man has pointed out is quite impeccable credentials are served as Chairman of the tain that even Sageer Khan down in the Act for a person an anachronism and must be enough time.” disintegration of the British pragmatic and perfectly fits acknowledged universally Executive Committee of the himself will bow his head qualified to be promoted to deleted. Let us have only one To put things in perspec- empire, we need not mirror the bill! No valid reason to not all over the world, say some- International Commission in front of him on seeing his senior status. It is a purely class of advocates which is a tive, the issues that arose our profession on the Brit- subscribe to what he has said. thing on any given topic in of Jurists from 1995 to 1997. legal prowess and supreme subjective selection made system uniformly adopted out of the senior designation ish practice.” Absolutely While elaborating more, legal field, it is not just India He is also one of India’s most concern which he demon- by a majority of judges of a throughout the USA for process was touched upon right! We are a free nation Nariman then added that, but the whole world which distinguished constitutional strates for equality for all in court. And I doubt whether more than 200 years.” There by Nariman at the begin- since 1947 and even if after “Under such a system, if one listens to him in silence lawyers and has argued in all fields. it passes the constitutional is no reason to differ with ning of his address. Quite 74 years of independence if has been in practice continu- and with full attention as several leading cases also. Coming to the key issue, test of equality before the what Nariman has said so forthrightly, Nariman then we still adhere to what had ously for 25 or 30 years at the whatever he says has to be He served as Additional So- we all saw that how just re- law… My considered view sagaciously. What Nariman candidly acknowledged been laid down by the Brit- Bar, that advocate would be acknowledged without any licitor General of India from cently on 24 April, 2021, one is Section 16 (2) of the Ad- is advocating certainly mer- also that, “It was a good Act ishers then shame on us! entitled to the designation shadow of doubt. He has May 1972 to June 1975 when of the most renowned, most vocates Act offends Article its to be implemented at the when it was enacted, except What an eminent legal lu- of a Senior Advocate simply been the senior advocate of he resigned voluntarily tak- senior, most learned, most 14 of the Constitution even earliest. It brooks no delay that it introduced for the first minary like Nariman postu- because the advocate has the Supreme Court since ing high moral ground on experienced and also most if the judges will not say so. any longer. time in India a caste system lates has to be acknowledged achieved seniority in fact 1971 and was the President declaration of Emergency by revered Supreme Court There is no objective crite- Truth be told, it must be among practicing lawyers. It as he never says anything by continuous practice.” He of the Bar Association of late former PM Mrs Indira lawyer – Fali Sam Nariman ria. Besides, it has not been brought out here that Na- recognized for the first time, just like that. What Nari- further emphasized with India from 1991 to 2010. He Gandhi on 26 June, 1975. He expressed very strong res- either successful or very riman was the Chief Guest two distinct and separate man has done is to show us elegance that, “Subjective is an internationally rec- has won many awards also ervations against the pre- popular in practice.” for an event hosted by the classes of lawyers – senior the real mirror. When we are assessment of merit must ognized jurist on interna- like the Padma Bhushan in sent method of designating Needless to say, it cannot be Society of Indian Law Firms advocates and other advo- now a free country then why not be left to the opinion of tional arbitration and has 1991, Padma Vibhushan in lawyers as Senior Advocates ignored that Nariman then (SILF) to commemorate 60 cates. This was mirrored on since last so many years “we judges, not if our profession been Vice Chairman of the 2007 and Gruber Prize for terming it a form of caste sys- also added quite categori- years since the passage of the the practice in England and have been clinging to it what is to be reckoned as it is a tru- International Court of Arbi- Justice in 2002. He was also tem among lawyers. This is cally that there have been Advocates Act. It goes with- Wales, and it is still current was laid down by Britishers ly independent profession.” tration of the International honoured with the 19th Lal definitely most concerning instances of people being out saying that whether it is there.” just like a drunkard clings There can just be no denying Chamber of Commerce Bahadur Shastri National and our law makers must designated as Senior Advo- PM Narendra Modi or Union is nothing but sheer large himself to the lamp post not it and to maintain the inde- since 1989, honorary mem- Award for Excellence in promptly take a serious note cates although they did not Law Minister Ravi Shankar heartedness of Nariman to lighten himself on the way pendence and decorum of bers of the International Public Administration in of it. It cannot and should not deserve it, and more per- Prasad or anyone else, no that he does not believe in but to hide his own darkness legal profession, what Nari- Commission of Jurists since 2018. He was also a Rajya be brushed under the carpet tinently, young lawyers of one can ever afford to ignore this division of lawyers be- from the rest of the world?” man has suggested has to be 1988 and also member of Sabha MP from 1999 till any longer now. proven integrity and ability what the most eminent ju- tween senior and others We must change now as has accepted without fail. the London Court of Inter- 2005. As we see, with full sincer- who are overlooked for pro- rist Fali Sam Nariman says even though most of the been very rightly suggested Please read concluding on the- national Arbitration since My best friend Sageer ity, Nariman then also went motion to senior status. How on any given topic in legal other well known senior ad- by Nariman. dailyguardian.