'Bhishma Pitamah of lawyer community': Eminent jurist Fali S Nariman passes away at 95
Eminent constitutional jurist and veteran senior advocate of the Supreme Court Fali Sam Nariman passed away in New Delhi on Wednesday. He was 95. He was suffering from multiple ailments, including cardiac issues.
He had practised law for more than 70 years initially in the Bombay High Court and since 1972, in the Supreme Court. He had reportedly handled more than 13,565 cases during his tenure.
Lawyer and activist Prashant Bhushan posted his condolences on X, calling Nariman the "Bhishma Pitamah" of the legal community. "Very sad news. Eminent Jurist Fali S Nariman Passes Away. He was also regarded as the Bhishma Pitamah of the Lawyer community. A great lawyer & close friend of our family. His passing away at this critical juncture is an enormous loss for our country."
In his long and illustrious legal career, Nariman argued in several landmark cases, including the famous case of the National Judicial Appointments Commission, which was struck down by the Supreme Court.
Other notable judgements of his were in the Bhopal gas tragedy case, TMA Pai case, and the Jayalalithaa disproportionate assets case.
In December last year, Nariman had criticised the Supreme Court's verdict upholding the abrogation of Article 370 which had conferred special status to the erstwhile state of Jammu and Kashmir. He told Rajdeep Sardesai, of India Today, "It (the verdict) is, in my view, an incorrect appreciation of the Constitution, which I didn't expect the court to do."
Fali Sam Nariman was born on 10 January 1929 in Rangoon (now Yangon) to a well-off Parsi business executive and his wife. The Nariman family later fled to India in the face of the Japanese invasion in 1942 when Fali was 12.
Nariman had a B.A., in Economics and History from St. Xavier's College, Mumbai, and a law degree (LL.B.) from the Government Law College, Mumbai in 1950, where he stood first in the exam. Nariman enrolled as an advocate of the Bombay High Court in November 1950, and was designated senior advocate in 1961.
In 1971, he was appointed as a Senior Advocate of the Supreme Court. He was appointed Additional Solicitor General of India in May 1972. He resigned from the post a day after the imposition of Emergency on June 26, 1975.
He was awarded the Padma Bhushan in January 1991 and the Padma Vibhushan in 2007. He also received the Gruber Prize for Justice in 2002. He was also nominated as a member of the Rajya Sabha in November 1999.
He was also an internationally recognised jurist on international arbitration.
Nariman got married to Bapsi F. Nariman in 1955, and the couple have two children, a son and a daughter. His son Rohinton Fali Nariman was a senior advocate and a judge of the Supreme Court. Rohinton had also held the post of the Solicitor General of India from 2011 to 2013.
His autobiography "Before Memory Fades" is a widely read book. He has also authored "The State of the Nation", "India's Legal System: Can it be Saved?" and "God Save the Hon'ble Supreme Court".
"A great son of India passes away": Condolences pour in
Prime Minister Narendra Modi on Wednesday condoled legal doyen Fali S Nariman's death and said he had devoted his life to making justice accessible to common citizens.
In a post on X, Modi said: "Shri Fali Nariman Ji was among the most outstanding legal minds and intellectuals. He devoted his life to making justice accessible to common citizens." "I am pained by his passing away. My thoughts are with his family and admirers. May his soul rest in peace," the prime minister said.
Solicitor General Tushar Mehta said not only the legal fraternity, but the country has lost a towering figure of intellect and wisdom.
"The country has lost an epitome of what righteousness stood for. A doyenne, paragon and a legend in his own lifetime has left us, leaving the jurisprudence enriched by his immense contribution. I have always learnt something new by merely appearing even against him," the law officer said in his message.
Paying tributes to Nariman, retired Supreme Court judge Justice Madan B Lokur, told TNIE that "we have lost not only a great lawyer, but also a great hunan being."
"The Nariman era has gone. It is a very, very sad news. India has lost a lgeal luminary. We can not describe his loss in words. India has lost a person with such brillaince of legal knowledge. The words will be falling short. He can't be replaced," Justice (Retired) Lokur told TNIE.
Senior lawyer Kapil Sibal took to X (formerly Twitter) to express his condolences. "Fali Nariman. 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."
In a post on X, senior advocate Abhishek Manu Singhvi said Nariman's death was "an end of an era". "A living legend who wl (will) forever be in hearts &minds of those in law &publc life. Above all his diverse achievements, he stuck to his principles unwaveringly &called a spade a spade, a quality shared by his brilliant son," he said in the post.
Senior criminal lawyer Geeta Luthra said that Nariman was "really the Bhishma of legal profession. Nobody can replace him."
Retired Patna High Court Judge Justice Anjana Prakash said that he was not only a great lawyer but an institution in himself. "Fali S Nariman's legal acumen with the kind of sharp understanding and ability to convince the court made him a great lawyer. He was also given various awards for his contribution to the legal field," she noted.
Noted senior lawyer and former Additional Solicitor General (ASG) K C Kaushik, hailed Nariman as one of the greatest lawyers of India. "All can not be Fali. His understanding of legal knowledge makes him great. I have no words to describe this loss. It is not only a loss for Fali Nariman family, but for the entire country. We will certainly remember him as a lawyer who goes beyond boundary to reach out to people," Kaushik said.
Meanwhile, Gaurav Yadav, a Supreme Court lawyer, told TNIE that Fali Nariman passed away on Ekadasi Tithi around 12:45 am. "Unless the Sun rises, the next tithi doesn't begin. Hence it can be considered that Nariman passed away on a 'great day' - Bhishma Ekadasi."
-- With inputs from Suchitra Kalyan Mohanty (Express News Service) & PTI.