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'I Came Here In 1979; Those Were Fantastic Days' : Justice Nariman Reminisces Legends Krishna Iyer, Palkhivala, Chinnappa Reddy Etc
Shruti Kakkar
12 Aug 2021 9:26 PM IST
Justice Rohinton Nariman, who retires as a Supreme Court judge today, while delivering his speech in the farewell function organised by the Supreme Court Bar Association said that he was leaving this fantastic institution with mixed feelings. "It is with mixed feelings that I am leaving this fantastic institution. The first feeling is one of enormous relief. Now I won't see...
Justice Rohinton Nariman, who retires as a Supreme Court judge today, while delivering his speech in the farewell function organised by the Supreme Court Bar Association said that he was leaving this fantastic institution with mixed feelings.
"It is with mixed feelings that I am leaving this fantastic institution. The first feeling is one of enormous relief. Now I won't see usual piles of briefs awaiting for me when I wake up at 6 in the morning. Although I'll still wake up because of my habit but for the first time I'll be able to do what an ordinary citizen does. I came here in 1979. Those were fantastic days. Can't say that I have enjoyed every minute of being a judge, but I certainly enjoyed writing judgements. At the end of all it worked out well," said Justice RF Nariman.
In his speech, Justice Nariman also shared interesting accounts and reminisced his journey as a lawyer and Supreme Court judge and the contributions made by Senior Dignitaries in his life.
Remembering his time as a junior member of the bar, Justice Nariman said that before he went to Harvard for his masters, he used to attend Justice Iyer's court as a junior lawyer.
"He had sparkling eyes. He was a genius and he was unfailingly courteous to every single member of the bar. One learnt a lot from Justice Krishna Iyer on how to be genius and how at the same time to be unfailingly courteous when members of the bar are addressed," Justice Nariman said.
Remembering an incident about Justice Krishna Iyer, Justice Nariman said, "Some lawyer was going on and on in a criminal case on alibi. Justice Krishna Iyer politely said NO once. NO for the second time and finally looked at him and said, absence of evidence is not evidence of absence. Dismissed."
Recalling the time when he was briefed with legendary lawyer Nani Palkhiwala, Justice Nariman said, "Before I went to Harvard, I got an opportunity to witness 3 mammoth cases. I was able to see 5 of the giants of our profession. I was fortunate to be briefed with legendary lawyer Nani Palkhiwala. The first was the Minerva Mills case that dealt with what was left in the Constitution after Ms Gandhi's amendment, the 42nd amendment. The brilliance that I saw in those 25 days or so, I have never seen."
"Nani Palkhiwala's greatness was that he spoke with extreme simplicity, anybody could understand. His thoughts were exceptionally clear and above all he buttressed what he argued with examples. Example after example to lead to an inexorable conclusion," added Justice Nariman.
"Legendary lawyer Nani Palkhiwala's advocacy was something that one never saw. It was so brilliant. I was very fortunate to assist him in the Minerva Mills case," Justice Nariman also said.
Extending his gratitude to the Attorney General for India, Justice Nariman said that he considered Attorney General for India, KK Venugopal as his lifetime guru.
"After my masters, I joined the chambers of KK Venugopal who was then in deep sorrow after the passing of his wife. KK Venugopal was the most devoted husband, father and a most devoted senior. I cannot thank him enough. We have learnt so much. Senior Juniors at that point of time, CS Vaidyanathan and Krishna Mani were outstanding individuals. They helped me a lot and I learnt a lot. Although I left his chambers, I made a very good bond with the others and I consider the Ld Attorney General as my guru for life," said Justice Nariman.
Justice Nariman in his address also acknowledged the contribution made by the then Chief Justice of India MN Venkatachaliah in his life.
"It is he who picked me up at a very young age and it is he who really propelled me to become what I am today" said Justice Nariman.
It is pertinent to mention that the then Chief Justice of India MN Venkatachaliah had to amend the court's rules to designate Justice Nariman as a senior advocate at the age of 37 as the rules only allowed the elevation after the age of 45.
Justice Nariman also remembered some of the most outstanding judges before him he appeared after being designated as a Senior Advocate.
"Justice Ahmadi was one of the most outstanding judges. He had somehow a practical common sense by which he would arrive at the correct result. He was also an excellent hearer of counsel. He didn't give anyone too much leverage but he also did not let anyone speak short. Justice Kuleep Singh was another direct appointee from the bar who was a dear friend and had a robust common sense," said Justice Nariman.
Remembering Senior Advocate Vinod Bobde who passed away on June 11, 2016, Justice Nariman said, "He was my dearest friend at the bar whom I miss very much today."
In his farewell speech, Justice Nariman also remembered and praised the late former Finance Minister of India, Arun Jaitely.
"I miss my friend Arun Jaitley. He was such a darling of a human being. I really miss him. I don't think I have met a more dignified lawyer than him. I have seen his rise from zero. I have seen him as a Tis Hazari lawyer also rush to get a senior when my father wasn't available. I must tell you that As a lawyer, let alone as Minister, he was always exceptionally well prepared and exceptionally dignified. He was outstanding."
Justice Nariman in his speech also remembered the time when he was appointed as Solicitor General of India and thanked Senior Advocate Kapil Sibal.
"Kapil was always partial to me and somehow or the other relevance in the Congress regime including the then-Attorney General. Finally, it was agreed that if they could find somebody better than him, they'll take me. They didn't find someone better so I became the Solicitor General," Justice Nariman added.
He also recalled the contributions made by Justice AP Sen, "Justice AP Sen was like a father to me in Court. He would poke fun at me, encourage me," and Justice Chinnappa Reddy.
Before concluding his address, Justice Nariman said that it was because of the then Chief Justice of India Rajendra Mal Lodha that he accepted his judgeship.
"Chief Justice Lodha did the greatest possible service by making me do a great service in return. He insisted on me accepting judgeship," said Justice Nariman.
Emphasizing on the fact that judgeship is very hard and not a "CakeWalk" Justice Nariman in his speech also recalled an incident wherein once Senior Advocate Mukul Rohatgi presented 20/25 briefs in a hearing to which Justice Nariman responded, "I have beaten you hollow. You have 25 briefs, I have 65 briefs."
In his farewell speech, Justice Nariman also said that merit must be the predominant factor to be considered in judicial appointments.