While paying homage to the late Soli Sorabjee, the contents of a letter addressed by Nani Palkhivala have to be read and re-read, adopted and followed by all who represent the State..“My dearest Sir,I meant to write to you to congratulate you on your appointment as the Attorney General. But after reading your public statement, I would like to congratulate India for having you as the highest law officer of the Government.What you have said about the Attorney General’s office – the guardian of public interest and the promoter of human rights – is so true and so little understood. The greatest glory of the Attorney General is not to win cases for the government but to ensure that justice is done to the people.In the United States, the motto of the Justice Department – carved into the rotunda of the Attorney General’s office is:“The United States wins its case whenever justice is done to one of its citizens in the courts.”You will mark a new stage in the evolution of public law in India. May you have a long and fulfilling term in which to effect the luminous change!Love and best wishes, in which Nargesh joins..During the time Sorabjee held the office of Attorney General, he was guided by public interest, human rights and enforcement of rule of law. He fulfilled his task faithfully and sincerely for the cause of justice. Several cases have been cited and several decisions have been recorded in which he appeared, and they need no mention. I had a personal relation with him when as an Advocate General, I had represented the State of Gujarat to brief him in some important cases. In a case where the question arose whether a judge can listen to the case of a litigant whom he had represented years ago as a lawyer, Sorabjee took the stance that the judge has to recuse himself.Conference with him would begin with brief narration of facts and brief discussion. He would ask for propositions and submissions the next day, which he would recast. When the case came up for hearing, he would address the Court in his inimitable style. His facility for words and felicity of expression carried the day..In Association of Natural Gas vs. Union of India, reference was made by the President of India under Article 143(1) of the Constitution of India. The Gujarat State Legislature passed an Act by name Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001.Several state governments supported the law stating that they are competent to pass an enactment in respect of gas, including natural gas in all its forms by virtue of the legislative competence based on Entry 25 of List II of the Seventh Schedule.I had the opportunity to represent the State of Gujarat with late Ashok Desai, while Sorabjee was appearing for the Union of India.He succeeded to persuade the Court within a span of two hours. The Constitution Bench answered the reference that states have no legislative competence to make laws on the subject of "Natural Gas” since it is a Union subject covered by Entry 53, and the Act was held to be void..While organizing the Justice PD Desai Memorial Lecture, I had occasion to be near to him. He had agreed to deliver the second Justice PD Desai Memorial Lecture on February 10, 2007 on the subject of Uses and Abuses of the Potent - Power of Contempt. Dr Upendra Baxi was also invited as a guest. While concluding his address, he said,“We have to see that the prestige of the judiciary is not harmed and at the same time, we must see that some naughty boys do not get the protection of law.”We had arranged an essay competition in which Upendra Baxi and Soli Sorabjee were assessors. Essays were written and submitted by lawyers. It was a surprise for me that in respect of one essay of an eminent lawyer, both of them had different views. Ultimately, they had left it to me to decide on the merits..Soli was a simple man and enjoyed simple, innocent things and pleasures of life. He showed, recognized and appreciated beauty in small things of life. What was spoken about the late Shri Palkhivala applies equally to Soli. To quote,“Milton’s words would truthfully apply to him both as a man and a lawyer.….unmoved, unshaken, unseduced, unterrified,His loyalty he kept, his love, his zeal,Nor number, nor example, with his wrought,To swerve from truth or change his constant mind.He was a defender of constitutional liberties, a champion of human rights, who gave generously and unsparingly of himself and his talents to the nation. He lived his principles in weather both fair and foul, especially during the Emergency when under the shadow of near tyranny, at great risk and cost, he raised the torch of freedom.”The greatest tribute one can pay a man is to emulate him, live by his ideals, carry forward his legacy. His life and work will continue to inspire us..The author is a Senior Advocate and former Advocate General of Gujarat.
While paying homage to the late Soli Sorabjee, the contents of a letter addressed by Nani Palkhivala have to be read and re-read, adopted and followed by all who represent the State..“My dearest Sir,I meant to write to you to congratulate you on your appointment as the Attorney General. But after reading your public statement, I would like to congratulate India for having you as the highest law officer of the Government.What you have said about the Attorney General’s office – the guardian of public interest and the promoter of human rights – is so true and so little understood. The greatest glory of the Attorney General is not to win cases for the government but to ensure that justice is done to the people.In the United States, the motto of the Justice Department – carved into the rotunda of the Attorney General’s office is:“The United States wins its case whenever justice is done to one of its citizens in the courts.”You will mark a new stage in the evolution of public law in India. May you have a long and fulfilling term in which to effect the luminous change!Love and best wishes, in which Nargesh joins..During the time Sorabjee held the office of Attorney General, he was guided by public interest, human rights and enforcement of rule of law. He fulfilled his task faithfully and sincerely for the cause of justice. Several cases have been cited and several decisions have been recorded in which he appeared, and they need no mention. I had a personal relation with him when as an Advocate General, I had represented the State of Gujarat to brief him in some important cases. In a case where the question arose whether a judge can listen to the case of a litigant whom he had represented years ago as a lawyer, Sorabjee took the stance that the judge has to recuse himself.Conference with him would begin with brief narration of facts and brief discussion. He would ask for propositions and submissions the next day, which he would recast. When the case came up for hearing, he would address the Court in his inimitable style. His facility for words and felicity of expression carried the day..In Association of Natural Gas vs. Union of India, reference was made by the President of India under Article 143(1) of the Constitution of India. The Gujarat State Legislature passed an Act by name Gujarat Gas (Regulation of Transmission, Supply and Distribution) Act, 2001.Several state governments supported the law stating that they are competent to pass an enactment in respect of gas, including natural gas in all its forms by virtue of the legislative competence based on Entry 25 of List II of the Seventh Schedule.I had the opportunity to represent the State of Gujarat with late Ashok Desai, while Sorabjee was appearing for the Union of India.He succeeded to persuade the Court within a span of two hours. The Constitution Bench answered the reference that states have no legislative competence to make laws on the subject of "Natural Gas” since it is a Union subject covered by Entry 53, and the Act was held to be void..While organizing the Justice PD Desai Memorial Lecture, I had occasion to be near to him. He had agreed to deliver the second Justice PD Desai Memorial Lecture on February 10, 2007 on the subject of Uses and Abuses of the Potent - Power of Contempt. Dr Upendra Baxi was also invited as a guest. While concluding his address, he said,“We have to see that the prestige of the judiciary is not harmed and at the same time, we must see that some naughty boys do not get the protection of law.”We had arranged an essay competition in which Upendra Baxi and Soli Sorabjee were assessors. Essays were written and submitted by lawyers. It was a surprise for me that in respect of one essay of an eminent lawyer, both of them had different views. Ultimately, they had left it to me to decide on the merits..Soli was a simple man and enjoyed simple, innocent things and pleasures of life. He showed, recognized and appreciated beauty in small things of life. What was spoken about the late Shri Palkhivala applies equally to Soli. To quote,“Milton’s words would truthfully apply to him both as a man and a lawyer.….unmoved, unshaken, unseduced, unterrified,His loyalty he kept, his love, his zeal,Nor number, nor example, with his wrought,To swerve from truth or change his constant mind.He was a defender of constitutional liberties, a champion of human rights, who gave generously and unsparingly of himself and his talents to the nation. He lived his principles in weather both fair and foul, especially during the Emergency when under the shadow of near tyranny, at great risk and cost, he raised the torch of freedom.”The greatest tribute one can pay a man is to emulate him, live by his ideals, carry forward his legacy. His life and work will continue to inspire us..The author is a Senior Advocate and former Advocate General of Gujarat.