“Bhishma Pitamah” of Indian judiciary Fali S Nariman dies

New Delhi, Feb 21 (PTI) Fali S Nariman, a doyen of Indian judiciary, who was part of several landmark legal proceedings that helped shape modern India, including the Kesavanand Bharati case in which the Supreme Court laid down the basic structure doctrine, died on Wednesday. He was 95.

Nariman is survived by his son and former Supreme Court judge Rohinton Nariman, daughter Anaheeta and daughter-in-law Sanaya. His wife Bapsi Nariman had died in 2020.

He was suffering from various ailments including heart disease.

“We regret to inform you of the sad passing away of our dear father Mr. Fali S. Nariman, aged 95, early this Wednesday morning 21st February, 2024. Burial will be held at 10 am at Parsi Aramgah, Near Khan Market, New Delhi on Thursday. Uthamna (prayer meeting) will be at 4.00 pm at the Parsi Anjuman (Dharamsala) at Bahadur Shah Zafar Marg, Opp. Feroze Shah Kotla Stadium New Delhi on Thursday,” a joint statement issued by his son, daughter and daughter-in-law said.

He was born into a well-to-do Parsi family on January 10, 1929 in Rangoon, now Yangon, in Myanmar. His family fled to India during the Japanese invasion when he was only 12.

Nariman enrolled as an advocate of the Bombay High Court in November 1950 and was designated a senior advocate in 1961.

He practised law for more than 70 years, initially at the Bombay High Court, and since 1972, in the Supreme Court.

Nariman was appointed as the additional solicitor general of India in May 1972. He resigned from the post a day after the imposition of Emergency on June 26, 1975.

In his long and illustrious career, Nariman argued in several landmark cases, including the Bhopal gas tragedy case, TMA Pai case (rights of minorities to establish and administer educational institutions), J Jayalalithaa’s disproportionate assets case and the case involving the National Judicial Appointments Commission, which was struck down by the Supreme Court.

Nariman, who was often referred to as the “Bhishma Pitamah” of the Indian judiciary, authored books including “Before the Memory Fades”, “The State of the Nation”, “India’s Legal System: Can it be Saved?” and “God Save the Hon’ble Supreme Court”.

He received the Padma Bhushan in 1991 and the Padma Vibhushan, the country’s second highest civilian honour, in 2007.

He was nominated as a member of the Rajya Sabha in November 1999.

Rich tributes poured in, with Prime Minister Narendra Modi expressing his sadness over Nariman’s demise.

“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.

Chief Justice of India D Y Chandrachud remembered him as a “great giant of an intellectual” and former CJI N V Ramana calling him a “conscience keeper for judicial institutions”.

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 doyen, 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.

As soon as a bench led by him assembled for the day, Justice Chandrachud mourned Nariman’s passing.

“Mr Attorney General, we mourn the sad demise and passing away of Fali Nariman. He was a great giant of an intellectual,” Justice Chandrachud told Attorney General R Venkataramani.

Several senior lawyers including veteran advocates Kapil Sibal, Abhishek Singhvi, Indira Jaising, Prashant Bhushan and Menaka Guruswamy paid tributes to Nariman.

In a message of condolence, former CJI N V Ramana said Nariman will be remembered as an “ethical giant” and huge volume of his work will keep on guiding the generations to come.

“Never known for mincing words, Shri Fali S Nariman has been a conscience keeper for judicial institutions. Through his arguments in courtrooms, widely read newspaper columns, public lectures, parliamentary interventions and televised interviews he has educated generations of legal professionals and general public alike,” Justice (retd) Ramana said.

Paying tributes to Nariman, Sibal said a great son of India has passed away.
“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,” he wrote on X.

Singhvi called his death an end of an era.

“End of an era’?#falinariman passes away, a living legend who will forever be in hearts & minds of those in law & 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,” he wrote on X.

Nariman’s son, Rohinton Fali Nariman, retired as a judge of the Supreme Court in August 2021.

Bhushan said Nariman was regarded as the ‘Bhishma Pitamah’ of the legal community.

“The passing away of Mr Nariman is the end of an era of our legal history.
He was regarded as the ‘Bhishma Pitamaha’ of our legal community. He had seen the whole unfolding of our Constitution and the judiciary from very close quarters and he had always been engaged with almost all the important battles in the court that have taken place,” he said.