Obituary: Former Attorney General of India Soli Sorabjee was a champion of free speech and human rights

Soli Sorabjee, the eminent jurist and jazz lover best known for being the former Attorney General of India, passed away in Delhi on April 30. He joined the growing list of luminaries who have been snatched away by the Covid pandemic. The man who served as India’s highest law officer first from 1989 to 1990, and again from 1998 to 2004, was undergoing treatment for the disease at a hospital.

A condolence statement issued by Chief Justice N.V. Ramana commends Sorabjee’s “deep commitment to democratic values”. It also pays a heartfelt tribute to Sorabjee for his illustrious career spanning close to seven decades, during which he emerged as a champion of free press, and also contributed to “the global jurisprudence of human rights”.

Sorabjee, who was born in 1930, celebrated his 91^st birthday just a month before his death. His family hosted a gathering at Delhi’s India International Centre (IIC), one of his favourite haunts. A Festschrift - a compilation of writings honouring his work – was also released on this occasion, accompanied by anecdotes from family and friends.

The early years of Sorabjee’s life were spent in Mumbai, where he studied at St Xavier’s College and Government Law College. He began his legal practice at the Bombay High Court in 1953. The Supreme Court of India designated him as a senior counsel in 1971. Before he became the Attorney General, he served as India’s Solicitor General from 1977 to 1980.

Sanjay Parikh, senior advocate at the Supreme Court, and vice-president of the People’s Union for Civil Liberties (PUCL), says, “When Jayaprakash Narayan started PUCL during the Emergency in the 1970s, Soli was very active with regard to freedom of speech and expression and civil liberties. He played a key role in securing the release of journalist Kuldeep Nayar, who was illegally detained. He was strongly opposed to censorship.”

Sorabjee also has two books on this subject – Law of Press Censorship in India and The Emergency, Censorship and the Press in India, 1975-77. He also wrote newspaper columns and journal articles on similar themes. He emphasized that transparency and accountability are essential features of a democracy, and that citizens have “the right to know.”

In his essay “Free Speech” - published in A Handbook of Journalism: Media in the Information Age (2018), edited by V. Eshwar Anand and K. Jayanthi - Sorabjee writes, “Freedom of expression, if it is to be effective and real, must have a capacious content. It cannot be restricted to expression of thoughts and ideas which are accepted and acceptable, but must extend to those that ‘offend, shock or disturb’ the state or any section of the population.”

Conferred with the Padma Vibhushan, India’s second highest civilian award, Sorabjee is remembered for representing the victims of the Bhopal Gas Tragedy. He also worked on the Citizens’ Justice Committee that provided pro bono representation to victims of the anti-Sikh riots in Delhi after the assassination of Prime Minister Indira Gandhi.

Sorabjee’s work was not limited to India. The United Nations appointed him as a Special Rapporteur for Nigeria in 1997, where his job was to report on the human rights situation in the country. In 1998, he became a member of the UN Sub Commission on Prevention of Discrimination and Protection of Minorities.  He also served on the UN Sub Commission on the Promotion and Protection of Human Rights, first as a member and later as chairman.

In an obituary on his alma mater St. Xavier’s website, former college principal Dr Frazer Mascarenhas S. J. records Sorabjee’s “contribution to keeping the rule of law in the best democratic traditions of respecting the human rights of all, especially the weakest.” Dr Mascarenhas writes, “It is ironic that we need Soli more than ever in our present situation in India. May he inspire a commitment to human rights in each of us!”

In addition to law, Sorabjee was passionate about jazz music. Rolling Stone magazine’s contributing editor Sunil Sampat, who was involved in the formation of Jazz India, a group that organized jazz festivals in Mumbai, calls Sorabjee “a diehard fan”. He says, “Soli was very involved with the Jazz Yatra and the Jazz Utsav. He was responsible for bringing a lot of international jazz musicians to India through his contacts with foreign embassies.”

Sorabjee was the president of Jazz India’s Delhi chapter called Capital Jazz. Arjun Sagar Gupta, founder of Delhi’s Piano Man Jazz Club, remembers his first meeting with Sorabjee. “It was a performance at IIC. I had the pleasure of seeing Soli jump on to the stage and sing All of Me (an iconic song written by Gerald Marks and Seymour Simons.) We had a lot of meetings at his house, and our conversations revolved around music. He encouraged young people.”

In an official statement to mourn Sorabjee's passing, N.N. Vohra, current president of the IIC, calls him "a votary for the protection of fundamental rights of the last man standing in the socio-economic hierarchy". He notes, "Unknown to many, he was a deep lover of poetry which he often recited at private gatherings. Warm and affectionate, he had a wonderful sense of humour." Sorabjee was a life trustee and former president of the IIC.

Sorabjee was considered a giant in the legal profession but was not universally admired. Senior lawyers approached for this article indicated their reluctance to comment on his work for ideological reasons because he served as Attorney General when the government of India was formed by the National Democratic Alliance, led by the right-wing Bharatiya Janata Party.

His name also came up during the #MeToo movement that mobilized women to speak out against sexual harassment. Lawyer Seema Sapra filed a writ petition in the Supreme Court “seeking redress and protection for sexual harassment and sexual assault by Soli J. Sorabjee.” He termed the allegations imaginary and baseless. She continues to raise the issue in forums dedicated to legal matters.

Sorabjee is survived by his wife, Zena, children Zia Mody, Hormazd Sorabjee and Jehangir Sorabjee and grandchildren.

Thank u all for condolences for passing of my dad. #SoliSorabjee. Flood of affection &glowing tributes gives strength to bear the loss. A titan in his field, he was a kind, fun & loving dad. Here’s old pic of him & family Dodge which he let a 10yr old me drive, sitting on his lap pic.twitter.com/ro6oOd6Hrk

— Hormazd Sorabjee (@hormazdsorabjee) May 1, 2021

Also read: Remembering Shankha Ghosh, the literary giant who spared no political party from his criticism