NANI PALKHIVALA'S CORRESPONDENCE SINCERITY EXPRESSED WITH ELEGANCE

Maj G en Nilendra K umar
AVSM, VSM, Judge Advocate General, Army (Retd.)  

“The best way to keep good acts in memory is to refresh them with new”, believed Francis Bacon. A peep into Nani Palkhivala's papers is a visual delight. While working on the three editions of my book on Nani I went through his correspondence. His papers leave a lasting impression. I take this opportunity to share the contents of a few with the readers.

Promptitude is not only a duty, but is also a part of good manners. To illustrate, Nani's letter dated 27 April, 1988 to Attorney General K Parasaran reads, “I came back here last night and would like to take this opportunity- the earliest possible- to express to you my deep gratitude for your great courtesy and goodwill in permitting me to have some time yesterday to give my final reply. It is noble arts like these which make life at the Bar so gracious in the living.

You are the undisputed leader of the Bar not only as the Attorney General but in the ethical values which you adhere to so conspicuously. I always like to have you as the opponent because you will state the case as high as it can possibly be put but, at the same time, never try to take an unfair or unjust advantage of the other side. I wish other Government counsels would follow your laudable example. With affectionate regards and every good wish for many more years of your continuance in the office which you have done so much to adorn – Nani.”

Mr. K Parasaran's reply dated 11 May, 1988 is equally to be cherished. It reads, “I am deeply touched by your letter of 27 April, 1988. You have always exhibited abundant kindness and affection for me. What was a matter of usual courtesy and tradition are now rarely seen. No case is today argued in the Supreme Court without frequent interruptions.

The Supreme Court - both Bench and the Bar - have to do a lot of introspection and improve a lot if this institution is to maintain its image and its efficiency. The hearing of the Hotel Tax Receipt case will always be remembered by me for the thoroughness and the remarkable dignity with which you presented the case.”

The text of hand written letter dated 28 July,1990 from Mr. Gopal Subramaniam (the present Solicitor General) goes on to read, “Apart from seeking your opinion I experienced a deep (and strange) sense of satisfaction and spiritual happiness at having met you. The meeting was ordained by Providence after years of search, effort, desire and a continued adherence to certain principles. You reminded me of ‘teachers best of moral prudence, with delight received in brief sententious precepts, while they treat of fate, and chance, and change in human life,... Wisest of men; from whose mouth issued forth mellifluous streams that watered all the schools of academics old and new... These rules will render thee a king complete within thyself, much more with empire joined.' ( Paradise Regained).

Perhaps all these years of search have kept the inner flame alight.”

Aristotle believed praise invariably implies a reference to a higher standard. A number of letters written to Nani when he took time to felicitate his friends and colleagues show delightful prose. For example, responding to Nani's congratulatory message TR Andhyarujina wrote, “Thank you very much for your warm words of congratulations on my appointment of Solicitor General of India. In the days of what you may call ‘the unfolding future' I shall need all the good wishes and support of trusted friends like you.

From my earliest days at the Bar, I have admired your gifted advocacy, and your tremendous capacity for exacting work. Your great forensic feats and battles are engraved in my mind. Those were the days of heroic court cases in which judges and lawyers excelled alike. Fondly I hope and pray that we may not have seen the last of them.”

Ashok Desai's letter dated 10 December, 1994 goes on to express, “My warmest congratulations to you on your 50 years at the Bar. If I had learnt about the event in time I would have sent to you my good wishes just before the celebratory dinner.

On an occasion like this you will permit me to tell you how greatly almost two generations of lawyers looked to you with admiration and affection. I first learnt about you even before joining the Law College when my father pointed out a slim young man striding to the Nariman Point and mentioned that you were a very promising junior (I find that the whole Bar is divided into promising juniors and distinguished seniors!). Thereafter, you were our Professor and any defects in my knowledge of Evidence Act would be entirely your fault.

On my return from studies abroad, you were already dominating the front rank and have so remained for the past 40 years. A leader of the Bar does not need any office to distinguish him. Years ago Penguins published a series of lectures by Sir Norman Birkett on “Six Great Advocates”. They included the great masters starting with Erskine right upto Hastings . If that book was available, I would have sent it “to the Seventh”. In its absence, let me send my very best wishes to you for the next 50 years – and to Nargis for contributing to your success.”

A letter dated 23 January, 1995 from Senior Advocate O P Malhotra is remarkable for its clarity and simplicity. It reads, “This month, by God's grace you complete 75 years of journey through this Planet. During this three-fourth of a century you have made unique contribution to the law of the land, particularly in the area of Taxation and Constitutional laws. Your inspired address to an all Judge Bench of the Supreme Court presided over by Chief Justice A.N. Ray assembled on the request of the then Attorney General for India to consider the question: ‘Whether the law laid down by the Court in Keshavanand Bharati's case with respect to the basic features of the Constitution, should be reconsidered?' still rings fresh in my ears. Besides, your contribution to the Indian industry through the illustrious house of Tatas is again unparalleled. I wish that God inspires “we, the people of India ” to take advantage of your passionate patriotism and utilize your talents and experience to set right the fiscal policies and economic imbalances in the country. All worldly achievements of whatever magnitude, dear Brother, are transient and as such cannot be source of lasting peace and happiness. But every work done, howsoever small, dedicated to God through service of his creation, and bestows Divine illumination on the mind which leads to lasting peace and happiness. May God fill every moment of your life with Divine Grace, Glory and Bliss, is the earnest prayer of, very affectionately yours.”

Many know how to flatter, few know how to praise, said American activist Wendell Philips. Nani was quick to appreciate words of wisdom and intellect. Immediately after attending a meeting on 19 June, 1997, he dispatched a letter to the Finance Minister P Chidambaram. It read, “May I, at the outset, tell you how you have restored my faith in democracy in this great country. You made it happen after I heard your talk last evening at the 161 st Annual General Meeting of the Bombay Chamber of Commerce and Industry at the Taj Mahal Hotel.

In words which came from the heart, you explained, succinctly and lucidly, what ails our economy and what are the stumbling blocks we have to encounter. You spoke with sincerity and transparent conviction even though it meant scoring one run per day of your working life! May I take this opportunity of wishing you many long years of robust good health in which to carry on the mission you have chosen to fulfil and which, I am sure, with your total dedication, you are bound to achieve in the unfolding future.”

Lastly, I wish to reproduce a letter dated 7 April, 1995 from the Petroleum Minister Murli S. Deora. “It must have cast a damper on thousands of Bombayites when, for the first time in many years, your much looked-forward-to post-Budget speech at the CCI did not come off. But I suppose this was more than offset when a many times larger audience could see you on the small screen in their homes.

In fact, even Finance Minister Manmohan Singh told me how eagerly he himself followed your analysis on TV.

As I am writing this note, I have received your letter of April 7. I share with you that the three points in your letter/speech are important enough to be pursued with the Government.

Let me assure you that I shall take them up in all earnestness. Though the Budget has been passed, it will come up for discussion on the floor of the House when I shall make it a point to present you views. This apart, I shall also personally talk to the Finance Minister and, if need be, with the Prime Minister.

I shall keep you informed.”