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Judiciary

Nariman always recognised his highest duty was to court, Constitution: CJI

By Jhanak Singh      06 April, 2024 06:15 PM      0 Comments
Nariman always recognised his highest duty was to court Constitution CJI

NEW DELHI: Chief Justice of India D Y Chandrachud has recently paid glowing tribute to the eminent jurist who passed away on February 21 this year, saying hallmark of great lawyer is not one who wins, but one who fights well.

"When many voices fell silent during difficult times, Fali S Nariman’s resounding baritone resonated in the walls of the court and beyond. His voice represented the conscious of the nation,"

He said the ultimate test of a moral person is their willingness to raise a voice for justice even when it means rocking the boat (in this case, as he would say, the aircraft), and Nariman was always willing to speak for what was right and just.

In his speech at a full-court reference held at the Supreme Court in honour of Nariman, the CJI said, “I am also reliably informed that right until the night before his passing, he was meticulously settling the draft of a written submission for an upcoming Constitution Bench hearing on arbitration law”.

Also Read -  Supreme Court’s judgement in Article 370 Abrogation: Senior Advocate Fali S Nariman Regrets to note lack of dissenting judgement

“His mental agility, dedication to his work, and commitment to the law remained uncompromised till the day he finally rested,” the CJI added.

He also pointed out the values which Nariman embodied unflinching ethics, indomitable courage and an unwavering pursuit of principle provided a balm to the soul of the profession.

The CJI said with the imposition of the Internal Emergency in June 1975, Nariman resigned as additional solicitor general.

“In his later years Nariman often described how, in the days following his resignation as Additional Solicitor General, visitors to his house dried up to a trickle,” he said.

“However, his continued accomplishments at the Supreme Court are a testament not only to his enduring legal prowess that saw him through turbulent times, but also to that finest tradition of the Bar in rising above the disagreements of the day to unfailingly serve their clients, assist the Court, and work towards our nation’s betterment,” the CJI said.

The CJI said despite appearing for countless clients of various backgrounds, creeds, and political dispensations, Nariman always recognised that his highest duty was to the court and the Constitution.

“In the legal profession, the hallmark of a great lawyer is not one who wins, but one who fights well and in doing so furthers the Judges’ own understanding of the issues. Nariman was amongst the very best”, he said.

Born in 1929 in Burma, Nariman, was part of several landmark decisions of the Supreme Court. He was awarded with Padma Bhushan in 1991 and Padma Vibhushan in 2007 for his contribution in legal field.

Also Read - Eminent jurist Fali Nariman passes away

The CJI said even after retiring from active practice, Nariman authored numerous articles and books that have inspired countless lawyers, the most recent of which (titled, ‘You Must Know Your Constitution’) was published a few months ago. By writing opinion pieces in newspapers on complex legal issues and constitutional doctrines, Nariman tried to ensure that legal discourse is not limited to lawyers and judges, and reaches everybody.

"A few months ago, I had written to Nariman requesting him to contribute an essay to a volume on 75 years of the Supreme Court that we will be publishing in a few months. At about noon on the day before his passing, we received an email with his essay with a gracious hand-signed note. I am also reliably informed that right until the night before his passing, he was meticulously settling the draft of a written submission for an upcoming Constitution Bench hearing on arbitration law," 

he said.

 

Read what CJI said!
 



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