Soli Sorabjee Was A Champion Of Freedom Of Speech And Expression, And His Constitutional Philosophy Was That Of Tolerance, Says Chief Justice

LIVELAW NEWS NETWORK

1 Nov 2022 5:41 AM GMT

  • Soli Sorabjee Was A Champion Of Freedom Of Speech And Expression, And His Constitutional Philosophy Was That Of Tolerance, Says Chief Justice

    Chief Justice U.U. Lalit, who was once a junior at eminent jurist, Soli Sorabjee's chambers, said on Monday said that the expanse of the freedom of speech and expression enshrined in Article 19(1)(a) was "very dear" to Sorabjee's heart. Justice Lalit highlighted how important the principle of tolerance was to this giant in the field of law by reading out excerpts from his articles...

    Chief Justice U.U. Lalit, who was once a junior at eminent jurist, Soli Sorabjee's chambers, said on Monday said that the expanse of the freedom of speech and expression enshrined in Article 19(1)(a) was "very dear" to Sorabjee's heart. Justice Lalit highlighted how important the principle of tolerance was to this giant in the field of law by reading out excerpts from his articles on intolerance being antithetical to a democratic society. "This was the constitutional philosophy that Soli Sorabjee lived by, taught, and practised," said the Chief Justice, "And we, as juniors working with him, consider ourselves very fortunate that we could see a superlative mind working at legal problems, and leaving an imprint on the solutions that he gave to the legal fraternity."

    Justice Lalit was addressing a gathering at the book launch of "Soli Sorabjee – A Great Maestro" written by the acclaimed jurist, V. Sudish Pai. The Chief Justice was invited to formally release the book. Also in attendance was the former Chief Justice of India M.N. Venkatachaliah, Chief Justice-designate, Justice D.Y. Chandrachud, former Attorney-General, K.K. Venugopal, current Attorney-General, R. Venkataramani, and Senior Advocate Fali S. Nariman. Various other legal luminaries attended the virtual event organised by Law & Justice Publishing Co.

    Justice Lalit recounted "the five and a half years" he spent as Soli Sorabjee's junior and the cases in which he assisted the legendary lawyer. The Chief Justice recalled, "These cases bring goosebumps. These are all milestones in my career. He was a true legal and constitutional philosopher, and a social engineer. He always utilised opportunities to do something for society. He was a great leader, and he was a great teacher. In every case he argued, he set an example for us."

    Former Chief Justice of India, Justice Venkatachaliah, before whom Soli Sorabjee had to appear in many cases, said that he was a "sound and distinguished lawyer". Justice Chandrachud spoke about how Soli Sorabjee, who served as the Attorney-General for India from 1989 to 1990, and again from 1998 to 2004, did not pledge his loyalty to the government of the day. His role in vindicating the rights of citizens during the National Emergency was also highlighted by the Chief Justice-designate. "Through his arguments, he spearheaded the integration of the principles of administrative law with constitutional interpretation. Soli's was an important voice in the constitutionalisation of Indian administrative law," noted Justice Chandrachud. Despite declining the prestige of judgeship, Justice Chandrachud recalled, Soli Sorabjee was greatly concerned with the justice delivery system and fiercely advocated for sweeping judicial reforms.

    The Attorney-General, R Venkataramani said that jurisprudence was always "a part of Mr. Sorabjee", confessing that he wished he had "learnt more from him". Venkataramani's predecessor, Senior Advocate Venugopal said that Sorabjee left an "indelible mark" in the field of law. "He showed tolerance in a multi-religious and multi-cultural nation. I always admired that. He will always have a place in our hearts," said Venugopal.

    The Chief Justice also recalled, "Mr. Sorabjee fought many battles against Mr. Nariman, because they used to be briefed against each other very often. One of the celebrated cases arose out of Nadiad in Gujarat. The Chief Judicial Magistrate of Nadiad was handcuffed by the police. That was a very famous battle." Despite being adversaries in many landmark cases, Nariman remembered Sorabjee fondly and expressed his grief at the loss of a friend. He said, "My deep regret at losing my friend is that there's no one left from that chamber that I can continue to reminisce with."

    Soli Jehangir Sorabjee was born in 1930 in Bombay, and he started his legal practice in 1953 at the Bombay High Court. In 1971, he was designated senior counsel by the Supreme Court of India. He also served as the Attorney-General for India on two separate occasions. His contribution to the development of human rights and the jurisprudence of the freedom of speech and expression is unparalleled. He was honoured by the Indian Government with the Padma Vibhushan, which is the second-highest civilian award in March 2002 for his defence of freedom of speech and the protection of human rights.


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