"God’s gift to India"

C. RAJAGOPALACHARI described him as "God’s gift to India". The authors of a memorial compilation in his honour "Nani Palkhivala & Selected Writings", edited by L.M. Singhvi, M.R. Pai and S. Ramakrishna (Viking Penguin), use somewhat the same terminology: "Palkhivala’s talents are God’s gifts to him. The use he makes of them is his gift to God".

I am in entire agreement with these opinions: on a number of occasions I have written about him and have a huge eulogy to him in my autobiography Truth, Love & a Little Malice stuck in the Delhi High Court because of an injunction obtained by Maneka Gandhi four years ago.

It is difficult to write about good, God-fearing people because most of them are such awful bores. Nani is the only exception I know of who despite his transparent honesty, ability, humility and belief in God is stimulating company. I saw quite a bit of him during my years in Bombay and later in Delhi.

I also had the privilege of once presiding over his famous annual post-Budget speeches. As usual, the large hall was packed. He spoke for over an hour without a scrap of paper in his hand. It was spell-binding oratory, full of anecdotes, humorous asides and yet bearing on changes proposed by the Finance Minister. I don’t think there is another man living who could put life into as dull a subject as the country’s Budget.

The Palkhivalas derive their name from Palkhi (palanquin) — their forefathers made palanquins in Hyderabad. Nani’s father migrated to Bombay and set up a laundry business. Ardeshir Nani Palkhivala was born in this modest home in Cumballa Hill. He was an above average student with varied interests which included music, drawing and photography.

Sports was not one of them. He did well at college and got an M.A. in English literature. His first preference for a profession was teaching, the second journalism. His father persuaded him to study law. He topped the list in his LL.B exam and joined Sir Jamshed Kanga’s legal firm. And never looked back. Although he was taken up by Tatas as a tax consultant, he continued his legal practice.

No other lawyer has more credits to him as the champion of civil liberties. His most celebrated case was the Kesavananda Bharati case in which he persuaded the Supreme Court that even the Parliament could not alter the basic structure of the Constitution. More than his legal acumen it was his honeyed tongue and virtuoso display of oratory that transfixed the Bench and the Bar.

Nani also argued Indira Gandhi’s election petition in which a judge deprived her of her power of voting. He assured her that he would have her voting rights restored on appeal. Instead of taking his advice she imposed the emergency, depriving people of their civic rights. This Nani could not stomach. Thereafter he refused to appear for her. During the emergency, Sanjay Gandhi wreaked vengeance on him by forcing Tatas to deprive Nani of some directorships.

When the Emergency was lifted, the Gandhi family lost its privileged status. It was subjected to persecution by Morarji Desai’s government, Sanjay and V.C. Shukla were in grave peril of being jailed on charges of destroying the film Kissa Kursee Ka. At Sanjay’s request, I approached Nani to take up the case on behalf of Sanjay.

Despite having suffered at his hands, Nani invited Sanjay, Maneka and me to have breakfast with him. He listened to Sanjay patiently but firmly refused to take up his brief. And as was his habit, when we were leaving he came down in the lift with us and opened the car doors for us. A more courteous man I have yet to meet.

I often ran into Nani travelling from Bombay to Delhi or back. At times our cars travelled alongside. He was usually listening to a client or reading his files. During the flight to avoid garrulous neighbours, he pretended to be fast asleep.

The last time I was invited for breakfast, his wife Nargesh showed me to his study because Nani was busy talking to a client. I saw on Nani’s table a large coloured photograph of Sai Baba of Puttaparti. I asked her "What is this?" She put her index finger on her lips and replied, "I don’t know. And don’t question Nani about it."

I did not. Three things about Nani Palkhivala Inever understood: Why did he take up employment with Tatas? Why did he agree to go as Ambassador to the USA? And what made him turn to Sai Baba for solace in his later years? I wrote to Nani to get the answers. His reply was evasive.

I was hoping to find the answers in this compilation of articles and speeches. I did not; he is too shy a man to write about himself. And now he is also in poor physical shape to do so. It is time some scholar took up the task of writing a definitive biography: Nani Palkhivala is undoubtedly one of the greatest Indians of our times.

Religious rites and society

Some years ago my friend Dom Moraes who is now in his seventies but blissfully unaware of the religious susceptibilities of his countrymen stepped out of his flat in Bombay. He found the road blocked by rows of Muslims engaged in offering Eid namaaz. When he tried to step through the ranks of namazees, he was badly roughed up.

Some years ago the granthi of the gurdwara close to my flat started switching on taped kirtans at full blast at 4 a.m. and then again at 7 p.m. When I went to protest, he told me to mind my own business. When I rang up the police, the sub-inspector who came expressed his helplessness with the excuse "Mazhab ka maamla hai ham dakhal nahin day saktey "(it is a religious matter, we cannot interfere). I had to use other methods to teach the granthi a lesson in civic responsibility.

In Hyderabad the number of Ganpati idols immersed in the Hussain Sagar lake increase in size and numbers every year. Concerned citizens have drawn attention of the authorities that paint used on the idols is poisoning the water and killing fish. Nobody dare take action against the people who indulge in this anti-social practice: it is a religious matter.

Come the autumn season of navratras, pujas, Dasehra and Divali. Religious fervour attains its highest pitch. Every other day a pandal goes up alongside a patch of open space adjacent to my little flat. No sooner does the sun go down, a bhajan mandali strikes up with tabla, drums, harmoniums and half-a-dozen unmelodious voices singing at the top of their voices into microphones turned up full-blast. There are high-rise buildings all round the pandal in which besides Hindus, live Muslims, Christians and Sikhs. There are many old people, sick people and small children. Organisers of jaagran do not give a damn.

Many residents ring up the police. But no policeman comes. The sing-song goes on throughout the night till dawn. There is a law forbidding the use of loudspeakers after 11 p.m. Neither law-breakers (jaagran organisers) nor law-keepers (the police) seem concerned. What are common people to do?

Why have we become insensitive and inconsiderate towards other people? At times I can think of no other answer than admit that the only way to enforce discipline among Indians is by use of the danda.

Bihari solution

The Council of Ministers of Bihar was having a lot of trouble with criminals and their jail at Patna was overflowing. The state had a great shortage of funds. The Council of Ministers dealt with the problem by passing a three-part resolution:

1) The city of Patna shall build a new jail.

2) The jail shall be built out of material of the old jail.

3) The old jail shall be used until the new jail is completed.

(Contributed by Judson Cornelius, Hyderabad)