Humble Tribute To Amarendra Sharan, Senior Advocate, Supreme Court

On his second death anniversary, we, his juniors, remember his life, work and the impact he left on us in shaping our career. It was our sheer luck to get an opportunity to work in his chamber. More than a senior, he was a father figure, mentor for his junior colleagues. It was not a chamber or office; we were just one big family.

He always stood for the poor, weak and downtrodden. Once a young lawyer who knew him remarked, "He saw us when everyone saw through us." Our chamber was a place where all of us were encouraged to grow. He ensured that all of us get ample opportunities to prove ourselves and make a mark of our own in this profession.

What distinguished him from most others was the personal bond he established with his clients and advocates who briefed him.

He was well-respected and admired by his peers, juniors and seniors alike. The judges held him in high regard for his professional acumen and fairness. Mr. Sharan was proficient in all branches of law, be it constitutional law, criminal law, civil law or commercial disputes. The same is evident from the fact that he appeared in a large number of matters before the Constitution Benches wherein Hon'ble Courts frequently acknowledged his valuable assistance in evolving the law.

Mr. Sharan was appointed as an amicus curiae in several cases. He strongly believed in personal liberty and this was reflected when he appeared as amicus in the case of Subhash Kashinath Mahajan(2018) where he advocated for individual liberty and argued that jeopardising the personal liberty of a person on the basis of an untried version of complaint, without any verification or tangible material, is against the fundamental concept of the Constitution.

Mr. Sharan firmly believed that his primary duty is towards the court, which was best reflected when the Hon'ble Supreme Court sought Mr. Sharan's assistance in a PIL filed in 2018 seeking re-investigation into Mahatma Gandhi's assassination. His report, prepared after meticulous research including interviews with eminent historians and research at the National Archives, brought out many unknown facets to public domain about the murder and deep rooted conspiracy behind the assassination.

He believed that affirmative action is one of the best tools to achieve equality. In M. Nagraj & Ors v. Union of India and Ors. (2014), the case about the constitutional validity of the 77th, 81st, 82nd, and 85th Amendments relating to reservation, the Bench while hearing the case asked him, "Mr. Sharan, would you have the Government provide 100% reservation?" To this he immediately replied that reservation was not a 'diwali bakshish' ( gift) which will be given once in a year, but it is a facet of substantive equality and if the occasion so requires, the Government is duty-bound to provide even 100% reservation. He not only believed in social justice but he practised it too.

Mr. Sharan always encouraged us to develop our own critical thinking. He said "I don't need a yes-man. A yes-man does not add value to my thoughts."

Mr. Sharan had a great love for poetry. His knowledge of couplets was unparalleled and he was ever ready with a 'sher' for every situation. His pat-on-the-point 'shayari' often brought a much-needed respite to the situation on many occasions .

There are certain personal moments which we will always miss. He used to have lunch with juniors. In a small chamber in M C Setelvad Blocks, Supreme Court, all of us barely fit in but we always looked forward to have lunch with him, this has been part of our life for almost two decades. The free flowing lunch-time conversations over a period of two decades gave us an opportunity to exchange ideas, analyse court-room situations, strategies which moulded our approach not only towards practice of law but our lives.

Today we are reminded of his famous line "there are two classes of advocates, one who is hard working and the other who is hardly working". Mr. Sharan's untimely demise was a great loss to the Bar and a huge personal loss to us. The Bar has lost a hard working lawyer who practised law and enjoyed it fully. We, his juniors fondly remember him and his everlasting imprint on us.

Amit Kumar is Advocate General, Meghalaya and Amit Anand Tiwari is Additional Advocate General, Tamil Nadu. Views are personal.