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The Bar and the Bench collectively mourned the passing of eminent jurist and Senior Advocate Fali S Nariman on Wednesday morning.
Condolences poured in from the legal fraternity, with many recounting their memories of the late doyen.
Nariman was among the few remaining Mumbai lawyers to make a mark at the Supreme Court after shifting practice to Delhi.
He is survived by his son, former Supreme Court judge Justice Rohinton Nariman.
Chief Justice of India (CJI) DY Chandrachud reminisced on how he was a father figure to many in the profession.
"I am deeply saddened to learn of the passing away of Mr. Fali Nariman. His voice truly represented the conscience of a generation. Fearless in the expression of his views, he wrote and spoke with clarity and candour. He mentored a generation of lawyers and judges but above all he was always a kind and affectionate father figure. A towering intellectual of our era has sadly passed on," the CJI said.
Former CJI NV Ramana also condoled the death of the legal stalwart.
"The news of sudden passing of Shri Fali S Nariman filled me with deep sorrow. Shri Nariman witnessed our nation’s many a trials and tribulations, both before and after independence and fought for upholding Constitutional values till his last breath. Series of his spirited interviews at such an advanced age in the very recent past stand testimony to his commitment for the Constitutional principles," the former CJI said in his condolence message.
He said that Nariman was the conscience keeper for judicial institutions.
"Never known for mincing words, Shri Fali S Nariman has been a conscience keeper for judicial institutions. Through his arguments in court rooms, widely read news paper columns, public lectures, parliamentary interventions and televised interviews he has educated generations of legal professionals and general public alike. Huge volume of his work will keep on guiding the generations to come. Shri Fali S Nariman will be remembered as an ethical giant," Justice Ramana said.
Delhi High Court judge Justice Prathiba M Singh said that Nariman's life should be looked at as a celebration.
She also shared her experiences with him as a lawyer.
"The news of Fali Sir has left us all shocked. But the learnings and memories lived with him will always have an impact on each life that he has touched. I feel blessed to have briefed him as a lawyer and even got scolded by him. For him, everyone was equal, be it a senior, junior or a litigant. He would listen to anyone who had a valuable input. Unless he was satisfied with the preparation in a matter, he would not stop regardless of the time or effort it took."
She highlighted his ability to remain calm even when the bench was not in agreement with him.
"He never offended a judge and was his polite best, in his own unique and witty way, even if the judge was not agreeing with him – a quality which the coming generations need to imbibe."
Justice Singh also highlighted Nariman's concerns for women in the profession
"In an event organized by SILF he recalled the contribution of Hansa Mehta, who had a significant role in the drafting of the Universal Declaration of Human Rights. He wanted more and more women to join the profession."
She concluded by saying,
"I interacted with him even two weeks ago, when he gave me a warm and thoughtful message for my book on patent law. He has been extremely affectionate to my family and me.
Fali Sir’s life should be looked at as a celebration. He will always live in our hearts and minds."
Solicitor General Tushar Mehta said,
"Not only the legal fraternity, but the nation has lost a towering figure of intellect and wisdom. The country has lost an epitome of what righteousness stood for. A doyen, paragon and a legend in his own lifetime has left us leaving the jurisprudence enriched by his immense contribution," he said.
Mehta also recounted some fond memories that he shared with the late lawyer.
"I have always learnt something new by merely appearing even against him. Sharing the home made buttermilk brought by me from my home in the Supreme Court corridors while he regaled all of us with many past anecdotes in Gujarati is a cherished memory for me, though he used to come only on a few occasions since the last few years. His loving gesture of sending all the books written by him to me with his autographs will always remain a proud possession for me and even for my next generations. The legal fraternity is intellectually poorer today. Such intellectual giants do not die. They remain immortal through their contribution. There cannot be and will not be another Fali Nariman," the SG said.
Senior Advocate Indira Jaising praised Nariman for his secular credentials and for standing up for the independence of judiciary.
"Fali S Nariman Senior Advocate has passed on from this world. He was the last of a generation on 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. My deepest condolences for his family," she tweeted.
Senior Advocate Kapil Sibal said that he was not just one of the greatest lawyers but also one of the finest human beings.
"A great son of India passes away. Not just one of the greatest lawyers of our country but one of the finest human beings who stood like a colossus above all. The corridors of the court will never be the same without him. May his soul rest in peace," Sibal tweeted.
Senior Advocate Dr Abhishek Manu Singhvi said that Nariman always stuck to his principles without wavering.
"End of an era. Fali Nariman passes away, a living legend who will forever be in hearts and minds of those in law and public life. Above all his diverse achievements, he stuck to his principles unwaveringly & called a spade a spade, a quality shared by his brilliant son Rohinton," Singhvi tweeted.
He also shared some of his personal experiences with the late legend.
"In the mills land case, involving huge tracts of prime property in the heart of Mumbai, I argued for a week in High Court and lost. But over two decades ago, when I was much younger, Fali insisted I open the case in Supreme Court, ahead of himself, Soli, Anil Divan, Ashok Desai and others, all much older," Singhvi's tweet said.
He also recounted many of Fali's qualities.
"As a raconteur and after dinner speaker, Fali was matchless. It was he who said that using phrase “horse trading” when humans defect is an insult to horses, very loyal animals. He would dig out nuggets of history and marry them incomparably with his wit when speaking," Singhvi reminisced.
The Advocate General of Maharashtra Dr Birendra Saraf said Nariman's demise left a void in the legal fraternity.
"Mr. Nariman's exemplary legal acumen, strong commitment to constitutional principles, and advocacy for judicial independence has shaped and left an indelible imprint not just on the legal landscape, but the entire nation. His influence on constitutional and arbitration law in the country is unparalleled and unmatched. Through his courtroom arguments, books, speeches and articles, Nariman has left a rich legacy that safeguards and promotes the valuable spirit of fearless speech and deliberation for the forthcoming generations. Although his demise leaves a profound void in the legal fraternity, he will continue to live on through his immortal contributions to the evolution of law", Saraf said.
Senior advocate Rafiq Dada said that Nariman's death was a personal loss and his name in the history of India had been secured.
"I appeared with him in Mumbai as a young junior lawyer in 1983. I watched in awe as he argued with such felicity and conviction that it appeared that his cause was just and deserved to succeed. He worked hard and drew the best from his juniors. He was a formidable opponent but after the matter he was a friend in the best traditions of the Bar. He fought for personal liberty and the rule of law. He was a lawyer's lawyer. His name in the history of india is secure. The pages of the history of law are replete with the cases which Fali Nariman argued. His advocacy will be remembered and will be,a treasured memory He will adorn the pages of Indian law as a collosus whose imprint will be an inspiration for generations of lawyers to come", Dada said.
Senior advocate Darius Khambata called Nariman a 'complete lawyer' and how preparing for matters with him was a taxing, but rewarding job.
“In terms of his advocacy, he was relentless in court. He would go for clean, simple arguments instead of complicated ones. The arguments that he put forth would be so commonsensical that it would seem the most obvious. He could also read the judges well and tailor his arguments accordingly. I remember we had a case where Nariman was leading me. It was on a fairly undecided point of law. We extensively researched on case laws and international judgments. When he argued, though, he read out the provisions of the statute under challenge and a finely polished list of dates of the facts of the case, and that was enough to make his point. He did not have to refer to any case laws; of course, he prepared for his arguments for weeks. It was easier appearing in court than assisting him because it was a lot of preparation which eventually paid of, no doubt!", he said.
The former advocate general and additional solicitor general also added that Nariman was a ‘lion-hearted’ personality, who spoke his mind freey.
"He resigned as the Additional Solicitor General when the then Prime Minister declared Emergency. He showed absolute commitment to his matters. He was also a fine human being”, he said.
Senior advocate Janak Dwarkadas called Narima a 'colossus' and a 'hard act to follow'.
“He was a colossus. A hard act to follow. The legacy of law that he created and has left behind is incomparable, immeasurable and everlasting. It is a loss to the Supreme Court as an institution and an even greater loss to the country. He was a true patriot and a valuable citizen. I had the privilege of working with him and observing his genius at close quarters. The only thing I can say, in my small way - is that he is irreplaceable. The heavens will be enriched by his entry, though the world will be poorer by his departure”, the senior lawyer said.
Nariman dominated the Supreme Court as a lawyer for decades and contributed to possibly every branch of law, Senior advocate Navroz Seervai said.
"I knew him since the age of 6 and later as his junior. He left a lasting legacy. It is universally accepted and acknowledged that he was a colossum. He dominated the Supreme Court of India for decades like no other lawyer did probably. His contribution in every branch of law is immense; be it Constitution law, administrative law, commercial law, arbitration law, virtually every branch of law. If one searches every branch of law, one would find Nariman in each branch. That pretty much summarizes the over 70 years of career in the profession", Seervai said.
Seervai mentioned about Nariman's absolute commitment for the independence of the judiciary.
"Even at an advanced age, he appeared in the constitutional challenge to the NJAC. Several lawyers appeared in the case, but a very large contribution of persuading the Supreme Court must go to Nariman. He certainly was the ‘lead counsel’. He was a wonderful senior and one probably learnt more from him than anyone else, in my case at least", Seervai.
He recollected how Nariman as a senior was a task master but also most generous when it came to praising and acknowledging a junior's contribution to a case.
"He was a task master on his juniors no doubt, but he that is because he was the hardest on himself. He demanded so much from himself, that he expected much from his team as well. He was very generous towards his juniors when it came to encouraging them or praising them. Which is why if any shouting or a brusque comment was forgotten by his juniors. If you contributed to something, he would generously acknowledge that. He had these two parts to him. One minute he might be screaming at you, in next 10 mins he would be praising your contribution. So no one felt aggrieved or hurt by his shouting, because it was all done out of commitment to the case”, Seervai said.
Former Supreme Court Bar Association (SCBA) Secretary and Senior Advocate Gautam Bhatia offered his respect and condolences for Fali Nariman, recognizing him as a giant in the legal fraternity. He also highlighted Nariman's role as a mentor to judges and advocates, praising his demeanor, arguments and preparation.
"Deepest respect and condolences for a Giant in our legal fraternity. Fali S Nariman Sr Advocate was a pillar of our legal institution and democracy. He guided and mentored many sitting judges and advocates. His demeanor was very kind, arguments were deeply persuasive and preparation immaculate. It was an honour to assist him in many important cases and in the process learnt so much. His contributions to development of constitutional law are unparalleled. We all bow down in respect that we have for you SIR. Om Shanti Shanti", he said.
The Bombay Bar Association also expressed its condolences on Nariman's death.
"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 state of emergency is well-documented. The law reports are replete with his contributions toe development of the law. He touched the lives of all those who came into contact with him. He has left a void that cannot be filled. BBA shall always cherish his memory, and strive to take his legacy forward" the association said in a press release.
Many lawyers also took to social media to express their sorrow and pay their tributes to the veteran lawyer.