Rule of Law has lost its greatest warrior : Bar Pays Tribute To Fali S Nariman
New Delhi: Renowned lawyer and distinguished jurist Fali S. Nariman, Senior Advocate, passed away at the age of 95, leaving behind a legacy of upholding constitutional liberties, secular values, and judicial independence. His demise has led to an outpouring of heartfelt tributes from the legal fraternity, reflecting on his remarkable life and contributions.
Senior Advocate Kapil Sibal described Nariman as a "great son of India," highlighting his stature as not only the country's greatest lawyer but also as a fine human being who stood tall above all. Sibal expressed that the corridors of the court will never be the same without Nariman.
Fali Nariman
— Kapil Sibal (@KapilSibal) February 21, 2024
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.
Senior Advocate Indira Jaising praised Nariman for shaping the history of constitutional law in India, noting his unwavering commitment to secular values and judicial independence.
Fali S Nariman Senior Advovate 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…
— Indira Jaising (@IJaising) February 21, 2024
Senior Advocate Dr. Abhishek Manu Singhvi hailed Nariman as "a living legend" who remained principled throughout his illustrious career, a trait shared by his son, Rohinton Nariman.
End of an era—#falinariman passes away, a living legend who wl 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.
— Abhishek Singhvi (@DrAMSinghvi) February 21, 2024
Senior Advocate Sanjay Hegde lamented Nariman's passing, stating that the Rule of Law has lost its greatest warrior.
The Rule of Law in India has lost its greatest warrior today. Go well Fali Sir. I have learnt so much from you and above all am grateful for your kindness. You will continue to inspire generations of men and women of law. Aavjo Saheb. Maliye.... pic.twitter.com/9t9flaMiw6
— SANJAY HEGDE (@sanjayuvacha) February 21, 2024
Advocate Prashant Bhushan shared a letter from Nariman congratulating him on the victory in the Electoral Bonds case. Nariman expressed hope that the Supreme Court's test of "manifest arbitrariness" used in that case might lead to striking down provisions like the "no-bail-for-now" provision in recently enacted laws.
Senior Advocate Mahesh Jethmalani mourned Nariman's loss, describing him as an inspirational and towering figure in the Indian Bar.
In the very sad demise of #FaliNariman, legal doyen, accomplished Parliamentarian and the very epitome of a true gentleman in all he did , the nation and the Indian Bar has lost an inspirational and towering personality. I shared some very special moments with him which I will…
— Mahesh Jethmalani (@JethmalaniM) February 21, 2024
Senior Advocate Sanjay Ghose urged the Bar to commit itself to the integrity and independence that Nariman epitomized.
Fali Sam Nariman, one the last of the legends of the Bar, passes away! The most fitting tribute the Bar can pay him is to commit itself to the standard of integrity and independence that FSN always measured up to!
— sanjoy ghose (@advsanjoy) February 21, 2024
R.I.P pic.twitter.com/XqSWOqDniC
Senior Advocate Menaka Guruswamy noted that the Constitution had lost one of its greatest defenders with Nariman's passing.
Mr. Fali Nariman veteran Senior Advocate, master practitioner of the craft of litigation, conscience-keeper of the bar, fearless and witty has passed away. The Constitution has lost of one of her greatest defenders. We at the bar have lost our leader. #falinariman
— Menaka Guruswamy (@MenakaGuruswamy) February 21, 2024
World Bank lawyer Vikram Raghavan praised Nariman's legal acumen and wit, stating that he illuminated every courtroom, column, and conversation with his intellect.
Fali Sam Nariman. Truly, the end of an era. He had a maestro’s talent for the law and letters. His sparkling intellect and unmatched wit illuminated every courtroom, column, and conversation. A monumental legacy left by a life richly lived. I hope he's sharing a celestial chuckle… pic.twitter.com/MqJmHoSPlo
— Vikram Raghavan (@vikramraghavan) February 21, 2024
Fali S. Nariman was known for arguing several landmark cases, including the NJAC verdict and the SC AoR Association case. He resigned as the Additional Solicitor General of India in June 1975 to protest against the declaration of emergency by the Indira Gandhi government.
A strong advocate of civil liberties and secularism, Nariman's opinions on judicial developments carried significant weight. His autobiography "Before Memory Fades" is a source of inspiration for law students and young lawyers.
Nariman was honoured with the Padma Bhushan (1991) and Padma Vibhushan (2007) by the Government of India. He served as a nominated member of the Rajya Sabha from 1999 to 2005.
Source : Live Law
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Cow has unique status, its slaughter can have repercussions on peace: Punjab and Haryana HC
Chandigarh (PTI): The cow is a pious animal and "certain acts" can severely impact peace when they offend beliefs of a "significant population group", the Punjab and Haryana High Court has said while dismissing the anticipatory bail given to a Nuh resident accused of transporting cows for slaughter.
Asif was booked along with two others in April this year under the Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015, and the Prevention of Cruelty Act, 1960, for allegedly transporting cows to Rajasthan for slaughter.
"The present offence, apart from its legal implications, is laden with emotional and cultural undertones, given the unique status of the cow in Indian society," Justice Sandeep Moudgil said in an order earlier this month. It was made public on Monday.
"This court cannot remain oblivious to the fact that in a pluralistic society like ours, certain acts, while otherwise private, can have severe repercussions on public peace when they offend the deeply held beliefs of a significant population group," the court said.
The cow is not only a pious animal but also an integral part of India's agrarian economy, the judge said.
According to the state counsel, the petitioner was actively involved in the alleged offence of cow slaughter. Therefore, his custodial interrogation was imperative for a fair and effective investigation, he submitted.
The court said the Constitution does not merely protect rights in abstraction but seeks to build a just, compassionate, and cohesive society.
"Article 51A(g) Constitution of India enjoins every citizen to show compassion to all living creatures. It is in this context that the alleged act of cow slaughter committed repeatedly, deliberately, and provocatively strikes at the core of constitutional morality and social order," said the order.
The court observed that the offence alleged in the present FIR deals with the allegation of slaughtering a cow in conscious defiance of existing law and in utter disregard to the sentiments of the community at large.
'It is evident from the material placed on record that the petitioner is not a first time offender. He is alleged to have previously been involved in three other FIRs pertaining to similar offences.
"In those cases, the petitioner was granted the benefit of bail as a gesture of judicial trust, which appears to have been misused, rather than respected," said the court order.
Anticipatory bail, it said, is a discretionary relief, intended to protect innocent individuals from motivated or arbitrary arrest, not to provide sanctuary to those who repeatedly violate the law with impunity.
Protection of pre-arrest bail should not be granted when the applicant has been shown to be a habitual offender or where his custodial interrogation is necessary for fair investigation, it said.
The court also cited the Supreme Court verdict in the 2005 State of Gujarat vs Mirzapur Moti Kureshi Kassab Jamat case that upheld the constitutional validity of cow slaughter prohibitory laws and recognised the constitutional directive under Article 48 of the Constitution as reflecting the moral and economic ethos of society.
While dismissing the anticipatory bail plea, Justice Moudgil also observed that the court is conscious of the need to safeguard individual liberty.
"But where such liberty is demonstrably misused, and where the petitioner's conduct is indicative of recidivism, the law must respond with firmness. The right to bail is not to be confused with the right to impunity," according to the order.
"Considering the serious nature of the allegations involving offences of moral turpitude, coupled with the fact that the petitioner is a habitual offender with a likelihood of reoffending, this court is of the opinion that no grounds are made out for grant of anticipatory bail," it said.
