Nariman - Before Memory Fades: An Autobiography

PRAISE FOR BEFORE MEMORY FADES

Whoever has heard Fali S. Nariman never ceased to be impressed by his eloquence, command of the language, and a flair for the apt phrase. All these attributes are at their height in his autobiography Before Memory Fades that is lucid, concise, witty and absorbing; not just a good read, it is also a delightful one. For those who have anything to do with lawits formulation, enforcement or practiceit should be compulsory reading.

India Today

Billed as An Autobiography, Narimans book is less a continuous narrative than a collection of reminiscences, anecdotes and reflections on the events and people that have filled his very full liferecounted with that ineffable charm, gentle persuasiveness and quiet humour that so charaterise the man. There is much elseon the Emergency and its judges, on fellow-lawyers and court anecdotes, a brilliant chapter on river water disputes and engaging reflections on his tenure as a nominated member of the Rajya Sabha. I commend this easy and profitable read.

Outlook

Over the decades Fali S. Nariman has attained the status of a pre-eminent advocate whose views are not only heard but also respected. This autobiography is informative, educative and thought-provoking. It isnt the content alone that makes this book an endearing read. This autobiography is suffused with a rare warmth and modesty, a spirit of liberalism reflected in the willingness to seriously address rival points of view, and a scholarship that is worn very lightly. All in all, a compassionate work written by someone who comes across as a compassionate man.

The Hindu

Fali Narimans autobiography is a joy to read. No doubt the author starts at the beginning but its not his life story he relates so much as an honest account of the important events that stood out in his life. It is exceptional for two other reasons. First, it deftly avoids the pitfalls most memoirs inevitably hurtle towards and, second, it discovers the real secret of a delightful read. Hes not just the raconteur but the man in the middle too. An autobiography that makes you think. The author makes you engage with the book rather than simply read it.

Hindustan Times

The book is brilliantly planned and beautifully designed. The 18 chapters, laced with quotations, anecdotes and series of vignettes provide a glimpse of his jurisprudential wisdom. It is a must not only for judges, advocates, students of law and political science, but also for editors, peoples representatives, administrators, academics and all those who believe in the sanctity of constitutional values, the majesty of law and, above all, independence of the judiciary.

The Tribune

What makes his autobiography very readable is the all-pervading sense of modesty and touches of humour.

Khushwant Singh

Fali S. Nariman, the legal luminary, lifts the dark veil from the facts long shielded from public view in his autobiography Before Memory Fades . Nariman serves us shining examples of the exceptions, both of the bench and the bar.

Business Standard

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Copyright Fali S. Nariman 2010

First Published 2010
First reprint 2010
Second reprint 2010
Third reprint 2010
Fourth reprint 2010

The moral right of the author has been asserted.

The views and opinions expressed in this book are the author's
own and the facts are as reported by him which have been verified
to the extent possible, and the publishers are not in any way
liable for the same.

All rights reserved. No part of this publication may be reproduced,
by any mechanical, photographic, or electronic process, or in
the form of a photographic recording, nor may it be stored
in a retrieval system, transmitted, or otherwise be copied for
public or private use other than for fair use as brief quotations
embodied in articles and reviews, without prior written
permission of the publisher.

ISBN 978-81-89988-22-7

Printed and bound at
Saurabh Printers Pvt. Ltd., New Delhi

Dedicated to the memory of my dear parents
Sam and Banoo Nariman

CONTENTS

And we forget because we must
And not because we will

Matthew Arnold, Absence (1852)

T he Scottish dramatist Sir James Barrie wrote that a safe but sometimes chatty way of recalling the past was to force open a crammed drawer: If you are searching for anything in particular you dont find it but something falls out at the back that is often more interesting.

It is in this chatty way that I recall episodes from my life, commenting along the way on men and matters.

In the dedication in Peter Pan (1902).

Our arrival in New Delhi marked the first turning point in my life landing as a refugee from Burma, uprooted from hearth and home.
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I n the first chapter of his autobiography (appropriately titled Hearsay Evidence) , G. K. Chesterton writes:

Bowing down in blind credulity, as is my custom, before mere authority and the tradition of the elders, superstitiously swallowing a story I could not test at the time by experiment or private judgment, I am firmly of opinion that I was born on the 29th day of May 1874, on Campden Hill, Kensington.

In imitation of the great and worthy, let me begin by saying that I have been reliably informed and brought up to believe that I was born on the tenth day of January 1929 at the General Hospital in faraway Rangoon (now Yangon, a part of the then British India).

I was also brought up to believe that our family name Nariman and my fathers name Sm had a Persian ancestry. Sm, the mythical hero of ancient Persia, is an important character in Ferdowsis epic, the Shahnameh. Sam was Irans champion during the rule of Fereydun, Manuchehr and Nowzar. The Shahnameh also traces the history of our Zoroastrian religion from its beginnings, up to the defeat of the last Zoroastrian king by Arab invaders. Secure in the conviction of my ancient Persian ancestry, I was surprised to receive a letter in May 2007 from my erstwhile colleague in the Rajya Sabha, Jairam Ramesh, who had just returned from a trip to Azerbaijan. This is what he wrote:

Dear Fali,
I was in Baku recently and saw a magnificent statute of Nariman Narimanov, a most distinguished Azerbaijan political leader. My Azeri counterparts were most tickled when I told them that one of Indias best known lawyers and one of Indias most lovable public personalities is also a Nariman.

I would have liked to claim Nariman Narimanov as my illustrious ancestor but it was with a heavy heart that I wrote back:

Dear Jairam,
Many thanks for your useful information as to my ancestors hailing from Azerbaijan. But I assure you we were and are Parsi Zoroastrians (of Persian origin) hailing from India! But how sweet of you to have thought of me in such affectionate terms.

My mothers family (the Burjorjees) hailed from Burma (now the Union of Myanmar). My father, Sam Nariman, came to Rangoon from Bombay (now Mumbai) in the year 1927 to establish a branch office of New India Assurance Co. Ltd. Here he met and fell in love with my mother, Banoo Burjorjee (16 years younger than him). They married early in 1928, setting up home in Rangoon, where my father was posted as the companys branch manager.