Page 11 - sands of time

VOL. XVI, ISSUE 3, 2020 SANDS OF TIME 11

NANI PAlkhIvAlA – INvAlUABlE lEssONs AND ANECDOTEs
BY ARvIND P. DATAR, sENIOR ADvOCATE Of ThE sUPREME COURT Of INDIA...

No Gossip and No Criticism
In my opinion, perhaps the most important attribute
of Palkhivala was that he never indulged in gossip
and never criticised any person behind his back. If
any conversation veered into discussing the conduct
of another lawyer, he would immediately change the
topic and focus only on the material issues that were
involved.

It is often said that success leaves clues and if a
FROM THE
person has become successful on the basis of certain
qualities, other persons can also achieve the same
success. In this context, the following two quotations
That some achieve great success, is proof to all that
are thought-provoking and deserve to be reproduced.

others can achieve it as well.
COLLECTION
— Abraham Lincoln (1809-1865)

Every great example takes hold of us with the
authority of a miracle, and says to us, ‘If ye had but
faith, ye, also, could do the same things.’

— Jacobi (1804-1851)
OF THE
Several court cases argued by Nani Palkhivala form part of his
Anecdotes Collections at TCA, including the most famous
Kesavananda Bharathi vs. State of Kerala.
little knowledge of the outside world – particularly Palkhivala had a systematic method of arguing
Palkhivala was so engrossed with his legal work and
the affairs of various Tata companies that he had

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films. Once, he wanted to have a better audio system his cases and would insist that all the documents
for the huge audience that attended his lectures. His and judgments required for each point were kept
colleagues suggested that he should visit a music in sequence. Late D.M. Popat, senior Partner of the
concert of Kishore Kumar. He asked: “Who is Kishore famous firm Mulla and Mulla, who was assisting him,
Kumar?” His assistant replied “Sir - he is the brother of suddenly realised that some books had been left back
Ashok Kumar”. Palkhivala then asked: “Who is Ashok in Oberoi Hotel, New Delhi during the arguments in
Kumar?” All of them, including his wife, had a hearty the historic Kesavananda Bharati case. He had to rush
laugh. back and get those books. On reaching the car park,
he found their driver had gone elsewhere. However, he
found a Fiat taxi whose driver was absent but the key
Palkhivala claimed that he owed his success to a was in the car. Popat drove the Fiat taxi to the Oberoi,
virus. In 1953, he had to rush to Delhi for a case. The collected the books and rushed back to Supreme Court.
previous evening, he developed a very high fever, and He parked the Fiat taxi and to his pleasant surprise,
was unable to travel. At the last minute, he cancelled the taxi driver had not yet returned. In this way, the
his ticket. Sadly, the plane crashed in the Powai Hills arguments continued smoothly. Those were the days
and all passengers perished. If Palkhivala had taken when there was no security in the Supreme Court and
the flight, the constitutional history of India may have cars and taxis could be parked well inside the Supreme
been different. Court premises.

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