Delhi HC quashes plea seeking restrain on Fali S Nariman in SC over son's presence

The Delhi High Court Wednesday dismissed a plea seeking to restrain noted jurist and senior advocate Fali S Nariman from appearing in the Supreme Court where his son, Justice Rohington F Nariman is a sitting judge. The plea filed by an advocate contended that Explanation to Rule 6 of the Bar Council of India Rules, 1975, which deals with 'Standards of Professional Conduct and Etiquette', must be read to mean 'the entire Court', and not the particular Court where the relative of a lawyer is a presiding judge.

A bench of Chief Justice Rajendra Menon and Justice V K Rao rejected the plea saying it is a legislative matter and the court cannot do anything in it. The bench said the court does not have the power to amend or change an existing rule.

"We are dismissing the writ petition. we will pass a speaking order, you will get the order," the bench said. Petitioner and advocate Mathews J Nedumpara said legendary Fali S Nariman is practising in the Supreme Court where his son is a sitting judge and he should not be allowed to do so.

The petition sought a direction to the Supreme Court collegium members and the central government to take steps to secure transfer of judges of high courts, where their kith and kin practice as lawyers, to some other high court keeping in mind all concern for the inconvenience and difficulty to the judge concerned and taking all such steps to mitigate the same. It also sought an order to restrain and prohibit senior Nariman from appearing in the apex court.

"...the living legend, Fali S Nariman, whom the entire legal fraternity, nay, the whole world, held in the highest of esteem, owe and admiration, continues to practice in the Supreme Court even after his illustrious son, Justice Rohinton F Nariman, is elevated as a judge of the Supreme Court, is a literal shock to all those who live, adore and respect him; so too his illustrious son who grace the august office of the judge of the Supreme Court," it said.

On Tuesday, the apex court had expressed displeasure over the same lawyer's reference of senior Nariman in his contention to buttress that sons and daughters of judges were awarded the designation of senior advocates, and said such an argument was akin to inviting contempt action. A bench comprising Justices R F Nariman and Vineet Saran had got annoyed as Nedumpara tried to make reference of the views of the senior advocate on the issue.

(With inputs from agencies.)