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Monday, January 20, 2025

Senior Advocate And Eminent Legal Luminary Iqbal M Chagla Made A Mark In Legal Profession By His Own Dint

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Wed, Jan 15, 25, 16:25, 5 Days ago
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In my entire life till now, I had never expected that after reading in news in mobile phone about the death of one of the most eminent legal luminary that India has ever produced – Mr Iqbal M Chagla

In my entire life till now, I had never expected that after reading in news in mobile phone about the death of one of the most eminent legal luminary that India has ever produced – Mr Iqbal M Chagla, the same would not be confirmed in newspaper. In most prestigious and my most favourite Hindustan Times newspaper which celebrated its 100 years just recently in 2024 and which I read regularly, I thanked God that the news about his demise is not true as it was nowhere mentioned anywhere in this newspaper dated January 13, 2025 but much to my dismay when I read other newspapers like The Indian Express and The Times of India in its printed form, my worst fears turned out to be true and my happiness on his death being false news dashed on the ground!

He had actually left for his heavenly abode as mentioned in mobile news. It is really a matter of profound grief and immense sorrow that one of the leading doyen in legal profession who earned laurels by his sheer own merit in Bombay High Court as well as Supreme Court – Late Mr Iqbal M Chagla finally bid adieu to the earthly world as he passed away on January 12, 2025 in Mumbai at the age of 85 just a month and few days short to celebrate his 86th birthday on 7 March, 2025. He was ailing for quite some time but his demise no one was expecting so suddenly!

While confirming the information of death of Mr Iqbal Chagla, Bombay Bar Association President Mr Nitin Thakker laid bare the stark truth that:
Yes, Mr Chagla is no more. He was unwell. The last rites will be performed on Monday January 13 at Worli Crematorium. It is an undeniable truth that he was one of the most eminent legal luminaries and legal doyen from the Bombay Bar Association who played a stellar role in all cases that he handled with distinction.

We may recall that his last major matter was when he appeared in the Syedna dispute before the High Court of Bombay! It is well known that not only juniors and interns but even senior lawyers would hear him arguing most fluently and proficiently rapt in full attention as he pressed his points with an inflection and languidity of language that has few parallel most politely yet most firmly and so also clearly, concisely and convincingly! His absence will definitely always be felt in the time to come ahead!

It is certainly no ordinary matter that he completed nearly 60 years as a most distinguished member of the Bombay Bar Association. It must be conceded that he mainly appeared in civil litigation and company matters. What also needs to be taken into account is that he also had appeared in numerous international arbitrations and so also had the unique distinction of rendering his highly sought advice on proceedings in foreign courts on various issues!

He was born on March 7, 1939 and was the son of one of the most eminent legal luminary – Late Hon’ble Mr MC Chagla who was the first permanent Indian Chief Justice of one of the oldest High Courts in India – Bombay High Court for the longest time from 1948-58. His son is Hon’ble Mr Justice Riyaz Chagla who is also a serving Judge of the Bombay High Court. About his initial education, it must be disclosed here that he studied at St Mary’s in Bombay as a school boy. He then obtained an MA in History and Law from Cambridge University (King’s was his college).

He was then called to the Bar from Gray’s Inn and shortly thereafter he returned to Bombay at his own calling to serve his motherland where he played his longest innings till the very end! It may also be recalled that in 2012, he was conferred an Honorary Degree of Doctors of Laws by the Behrampur University in Odisha for attaining unquestionable eminence in public affairs. Of course, this itself bears huge testimony to his impeccable high credentials that were widely acknowledged all over! It must be noted that Mr Iqbal Chagla had also served as a Member of the Executive Committee of the Bar Association of India as well as the National Legal Services Authority (NALSA), Delhi.

It must be also revealed here that Mr Iqbal Chagla started his practice innings with one of the most eminent legal luminary and erudite senior lawyer Mr Kharshedji Hormasji Bhabha. He candidly said confessing that:
I think that is the greatest thing that ever happened to me. Bhabha’s chambers were amazing. I met Fali Nariman, Soli Sorabjee, Jangoo Khambata and number of others. It was a great learning experience. He was a hard task master. We were in chambers until he was in chambers. He would throw a brief at us and ask about the facts, the law. In the conferences, he would ask a junior to tell him about the matter, which was a very good way to start. In Bhabha’s chambers, we all had one chair in an alcove each, where we used to sit and hold conferences also. Nariman was the only one who had a table. He was Bhabha’s first junior. Even Sorabjee had his little alcove. We all sat in a row.

Then I graduated to the main chambers after Sam Bharucha became a judge. That table is still with me. My son (Justice Riyaz Chagla) also used it. He also revealed most plainly that initially he was not much inclined to law. He said that:
I did join Grey’s Inn but I think my interest was more in literature. I intended to go to the Sorbonne University in Paris and then I lost my mother. So even before I was called to the Bar, I had to rush back to India. But he then immersed himself and earned wide acclaim all over. He was conferred Senior Advocate designation in 1979 at the age of just 39. It is definitely no ordinary matter that he was offered Judgeship thrice – twice by the Bombay High Court and once by the Supreme Court.

By the way, he would have become the Chief Justice of India had he accepted the offer but he declined each time. Coincidentally, even his father – Late Hon’ble Mr MC Chagla had declined to be Judge of Supreme Court and said that he was more than happy to be Chief Justice of Bombay High Court which had dominated news headlines that time because refusing Supreme Court Judgeship is no ordinary matter! Here we see his son Mr Iqbal Chagla outshined even his father and so also his son by refusing Judgeship of both Bombay High Court and Supreme Court!

Without any inhibition of any kind, he conceded most frankly while speaking to journalists his mind saying eloquently that:
There were many reasons. I was told that I would become the Chief Justice of India in the course of time. It was said in such a way to make sure that I could not say no. But I would have been the Chief Justice for only 13 months, which I felt was not enough. There were other personal reasons. But they could have been overridden if the period would have been longer as the Chief Justice. Such was the aura of this great towering person for whom I am just falling short of adequate words to entirely describe his dynamic and magnificent personality which is beyond the capacity of my pen to do!

In hindsight, it may be recalled that from 1990 to 1999, he held the office of the President of the Bombay Bar Association for three terms. The Bombay Bar Association in a release deeply mourned the demise of Mr Iqbal Chagla and explicitly said that his contributions to the legal field are immeasurable and his legacy will forever be remembered. Farhan Dubash who is Secretary of the Bombay Bar Association very rightly summed up saying elegantly that:
Chagla’s contribution to the legal field is immeasurable, and his legal work will forever be remembered.

He would have celebrated his 86th birthday this March had he survived his illness which took the biggest toll on his life! One has to acknowledge most graciously what the Bombay Bar Association said for him so very commendably that:
A luminary for the young, his dedication, integrity and excellence as a lawyer inspired generations of lawyers, and he championed human rights and the rule of law. One must acknowledge that most eminent and distinguished lawyers not only in Bombay but all over are mourning his loss deeply saying that his passing has left a void in the profession.

It must be borne in mind that senior counsel Amit Desai who too is prominently known all over for his legal acumen and expertise not only in India but even abroad whom we keep hearing even in different news channels did not shy away in acknowledging most candidly that:
Iqbal epitomized the old-school seniors. Barrister at Grays Inn and read law at Cambridge University in the 1950s, he carved out a stature for himself away from his legendary father, Justice MC Chagla. Always elegant in his dressing and his oratory, he embodied the true values and principles of the profession. His erudite exposition of juristic propositions on myriad subjects made him the go-to senior for solicitors and clients.

Plainly speaking, Desai also further hastened to add stating and revealing clearly that:
He was a liberal at heart and a strong proponent of our Constitutional values. A man of letters and a passion for music and golf. It merits mentioning that yet another eminent senior counsel Janak Dwarkadas while echoing and affirming what Amit Desai pointed out also very rightly added how Iqbal Chagla’s attention to detail was a hallmark too. Janak very rightly paid rich tributes saying aptly that:
The voice of the advocate I admired the most, has sadly fallen silent – forever. In his passing, it’s the passing of an era. He will be remembered, for the extremely high ethical standards, he set at the bar.

What’s more, it also cannot be lost sight of that yet another senior and distinguished Counsel named Darius Khambata most candidly and graciously paid his rich tributes saying that he lost a father figure. Still more, we see that yet another senior advocate Rafique Dada who is also a former President of the Bombay Bar Association and was Vice President during some years of Mr Iqbal Chagla as President while paying his rich tributes to the departed great soul said most candidly that:
Iqbal was one of the greatest giants of the legal profession. I personally knew him for over 50 years. He was a fine advocate, a great opponent and a wonderful human being. He was a role model.

Adding more to it, Rafique Dada further while continuing in the same vein added that:
The Association has been completely independent and is known to fight for the right causes. Iqbal Chagla personally became a petitioner in matters before the Supreme Court where the judges of various high courts were being transferred indiscriminately. In every major matter, I believe that he took correct and courageous decisions, never afraid of any powers that be or governments. That has been the true tradition and standards of the Bar.

It must be brought out here that yet another senior advocate Yusuf Mucchala disclosed that he knew Iqbal Chagla for over five decades from 1962-63 when they both began practicing in the Bombay High Court. Yusuf too was also most forthright in laying bare that:
Apart from being a brilliant lawyer, his presentation was also a lesson for every junior. As a President of the Bombay Bar Association, he took very courageous decisions. When the Justice Srikrishna Commission was set up after the 1992-93 Bombay riots, he had taken the lead as the President of the Association, having felt that it should help the Commission find the truth. The Association had filed affidavits on behalf of some of the victims. This stemmed from his personal belief to maintain the values of secularism; he was secular at heart, committed to the values of the Constitution. This is truly worth applauding!

In addition, Yusuf pointed out that Chagla’s death is a loss not only for his son and sitting Judge of the Bombay High Court Riyaz Chagla, but has also left a void in the legal fraternity which is difficult to fill. It is worth noting that even the incumbent Bombay Bar Association President – Nitin Thakker was pragmatic and fair to note honestly stating that:
There are countless lawyers who are inspired by him; we had seen him from our younger days as lawyers. He was known to be a fair opponent and one can say that he worked till the end. He was appearing in the Dawoodi Bohra sect (dispute) until a few months ago.

It is definitely no ordinary achievement from any yardstick that in 1990 he moved resolutions calling for the resignation of five Judges of the Bombay High Court whose integrity was questioned by the Bar, and five years later for the resignation of the Chief Justice of the Bombay High Court. The Chief Justice resigned and the other Judges either resigned or were transferred or denied judicial work. It may be recalled that in 2020, Chagla wrote a column for The Indian Express newspaper in which he spoke about his tenure as president of the association. He wrote that:
In 1990, it fell upon myself to move resolutions against five sitting judges of the Bombay High Court, impugning their integrity and calling for their resignation. I was warned by friends that this constituted clear criminal contempt and under the extant law, justification was not a defence.

My only raison d’etre was that one owed it to posterity not to sit idle even as the fountain of justice was polluted. The resolutions were passed, albeit with much-heated debate: One judge resigned, two were transferred and two were denied any further judicial work. Five years later, he had to move another resolution, this time against a sitting Chief Justice of the Bombay High Court, calling for his resignation on grounds of corruption. The judge had to subsequently resign.

In a nutshell, it will definitely be very difficult for anyone to fill the huge void that has been left by the death of one of the most eminent lawyer of India – Late Mr Iqbal Chagla whose stellar role in always upholding law shall always be written in golden letters! There can be just no gainsaying that Bombay High Court and Bombay Bar Association will definitely always be most proud that it had such a feather in its cap like Mr Iqbal Chagla who gave his best to the legal profession and for the benefit of society. No denying it!

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh

Legal Services India

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