Fali, Karnataka’s great friend

My son Dhanush emailed Fali Nariman on February 16, asking if we could meet him in New Delhi. His response came just a few hours later, saying that we could meet him the following day at 11 am. Accordingly, we set out and were met by Mr Nariman sitting outside near the gate of his South Delhi bungalow. His eyes were moist, his voice heavy, and his steps were unsteady, but his mind was razor-sharp. Sometime later, Fali Nariman said that he was tired and went inside, while we shook his hand and bade him farewell. This was the last time we would ever see this wonderful, cerebral, altruistic giant.

Soon, my son headed back to his university in Sonepat, while I returned to Bengaluru. On Tuesday, February 20, I spoke with Dhanush, and he told me that he was coming down with a bad cold. I, too, suffered from the same symptoms. We had both shaken Nariman’s hands. I joked that he had gifted us his infection.

The following day, I received an early morning call that Fali Nariman was no more. He had passed away from issues related to chest congestion following the infection he suffered from. Given my long association, I was devastated and travelled the following day to New Delhi, but was too unwell and weak to make it to either the final rites or the prayer meeting.

While there are several aspects to his sheer genius, his absolute devotion and extraordinary contribution to the case of Karnataka are things that deserve to be written about. Beginning his service to the state in 1986, he fought a long and arduous battle to protect the state’s water rights.

Primarily starting with Cauvery, we were able to overcome the historical legacy of paramountcy enjoyed by erstwhile Madras. In the Krishna River case too, it was Nariman’s brilliant advocacy that increased Karnataka’s allocation, apart from which the height of the Almatti dam was permitted to be raised. In the Mahadayi River dispute, he helped the state win an allocation of 29 tmc.

Though born in Rangoon, Nariman was a quintessential Mumbaikar. Still, even when the two states of Maharashtra and Karnataka were locked in fierce disputes over water and land, Nariman resolutely stood by Karnataka. When Maharashtra and Karnataka differences peaked during the arguments in the Krishna Tribunal over the ‘back water effect’ of the Almatti dam or even when the claims over Belagavi were being resolved by the Supreme Court, it was Nariman’s presence on our side that made that special difference. Nariman often spoke about the strong legal backing he received from senior advocates Sharat Javali, Mohan Katarki, his colleague Subhash Sharma, and myself.

In 2013, the Cauvery issue had reached a tipping point. There was insufficient water to meet even the drinking water needs of the state, and Tamil Nadu had petitioned the Supreme Court for the release of their balance. I had suggested a visit to the basin, and with a little help from Mrs Bapsi Nariman, who always looked forward to a little bit of travel, Nariman agreed. Since there were dozens of interested groups, I made arrangements through the district administration to meet them at the Mandya Inspection Bungalow.

Nariman was visibly impressed by the irrepressible legislator Puttannaiah and former Member of Parliament G Made Gowda.

As we passed by the dam, there was absolutely no water in it. The sight left Nariman aghast! Nariman, who didn’t believe in spot visits and instead relied on testimonies from officials, commented after the hearing that the arguments that ensued following this visit were incisive and highly effective.

Around June 2007, I received a call from Kannada film star and politician, the late Ambarish, who wanted to meet Nariman. He had resigned his position as Union Minister after the verdict of the Cauvery Tribunal. Nariman was spending a few days at his Bengaluru apartment during the summer months. It was 6 pm when we reached the Nariman residence,
and Nariman greeted him with a bottle of premium liquor. Ambarish poured himself a large drink, as well as pouring his heart out on the Cauvery dispute for the next hour and a half!

Karnataka has indeed lost a great and powerful friend in Nariman’s demise. The state would do well by honouring his contributions in an appropriate manner!

(The writer is an advocate of the Supreme Court of India and a former legal advisor to the State of Karnataka with the rank of a minister)