The conscientious counsel

Died: Pheroz Pochaji (P. P.) Khambatta, 94, senior counsel, Bombay High Court and Supreme Court of India and former trustee of the Bombay Parsi Pun­chayet (BPP), on Sep­tem­ber 29, 2001 in Bombay following cardio-respiratory failure.

"He was that rare combination of a superb lawyer and a perfect gentleman and he embodied the finest qualities of both,” remarked M. S. Sanghavi, president of the Bombay Bar Association (BBA) at a condolence meeting convened in honor of Khambatta on October 22, 2001. Having worked with Khambatta, Sanghavi remembered him as being "unfailingly courteous at all times.”

"He sat at the first table in the library and was pointed out to every new entrant to the profession as the role model to emulate both in advocacy and in conduct,” recalled Rafiq Dada, vice president of the BBA, adding, "Whenever a major trial was going on, and there was seldom one in which he was not briefed, the entire junior Bar assembled to watch the master at work. He considered it his call to duty when asked to serve the government and he did so with immaculate fairness as a prosecutor and with equally remarkable success.” Dada referred to an instance when as a "nervous junior” he had been briefed against Khambatta, then at the "height of his prowess.” The junior dared to canvass a proposition and "the invariably fair” Khambatta conceded the position, leaving an indelible impression on the young Dada.

A dedicated member of the Bar, he was almost always the first to arrive in court and the last to leave, mentions his son Kersie, a practising advocate in New Zealand. Equally proficient in the civil, crimi­nal, matrimonial, company and labor law he was much sought after throughout the country and had traveled as far as Kashmir to represent clients. And yet the deser­ving will vouch for his free advice and his appearances in court without charging his fees.

"His example will always be an inspiration to me,” acknowledged Freny Ponda who admitted having "benefit­ted greatly by his guidance.” Having fought against him in a couple of cases she declared, "It was education to watch him in action. Today at the Bar where aggressive advocacy prevails, his example showed that emphatic assertion too could bring home a point.” To his many juniors he was both helpful and kind, she noticed.

"My association with PP as he was fondly known to all of us began from the day I joined the legal profes­sion. He was always available to solve the difficulties of us juniors — something which is very rare today,” reiterated Dara Zaiwalla.

After his education at St Xavier’s High School, Elphinstone College and his law studies, he had joined the chambers of Jehangir Vakil, qualifying as an advo­cate on the Original Side (OS) at a time when the OS was a very tough exam which few were able to pass. Setting up his independent practice, his office at Beaumon Chambers at Flora Fountain and then in the High Court Annexe was always full of people, with several clients waiting their turn outside for his valued advice.

Among the many who respected his legal acumen were Kerban and Nani Marshall who noted in their condolence letter, "We had the occasion to meet him many years ago when we were embroiled in a long unpleasant litigation... (We) recall him as being a kind person who gave us a patient hearing and presented the case in its proper perspective before the court on behalf of the government.”

Pesi Kapadia who had the "good fortune to be associated with (PP)” in the course of his company’s labor matters wrote: "I was charmed by his soft-spoken, suave manners and the wide span of his knowedge and experience. He was one of the few lawyers who did not restrict their professional work to one field of law and I was frankly surprised that he was not at all averse to appearing before the industrial and labor courts.”

The BPP as also many Parsi charities had consulted him when faced with legal problems. So, when "persuaded by friends and well-wishers to offer myself as a candidate,” he stood for election as a BPP trustee in 1972. In his manifesto he had stated that he "can legitimately claim to be well acquainted with the complex questions our community has to face...I belong to no party, group or faction...As an ordinary orthodox Zoroastrian I believe I shall be able to bring to bear on the deliberations of our Punchayet the ordinary man’s point of view, his aspirations, his problems and difficulties.” Among the issues he hoped to address were provision of cheap rental housing, a change in the Parsi Marriage and Divorce Act, an appointment of a council of elders to guide the youth and improving the condition of mobeds. But his desire and motivation to serve the community was short-lived for within three years he submitted his resignation. According to The Bombay Samachar of Novem­ber 2, 1975, his advice was invariably ignored by his co-trustees although he was a senior counsel.

His successor Eruch Desai on the BPP board and presently senior partner of Mulla and Mulla states, "As a trustee he was a man of unimpeachable integrity.” Referring to Khambatta as "a tenacious fighter in the courts of law” and commending his "great advocacy,” Desai revealed how he was impressed with his mastery over all aspects of law. The "great humanist” will also be remembered by Desai for being "always smiling and cheerful.”

Although his wife Thrity’s paralytic stroke 30 years ago (she predeceased him by two years) was a continuing source of concern, he retained his equanimi­ty. His love for animals, particularly dogs and horses was strong, notwithstanding the fact that riding acci­dents had on two occasions nearly cost him his life, states his daughter Hilla Guzder.

His mental faculties were intact till the end and Burjor Antia, partner of Mulla and Mulla, remembers meeting Khambatta when he was 92, still active, going to the bank or the post office. Referring to the faith he inspired in his peers in the legal fraternity, in his clients and the government who appointed him spe­cial prosecutor, Antia mentioned, "When I joined the legal profession in 1962, I was told that there were only two people in this profession who had no enemies. One was Kham­batta and the other was C. N. Daji. Very noble, kind and courteous, he was never seen shout­ing at a single individual.” Recommendations from people like H. N. Seervai and Khambatta the court always accepted, observed Antia. Considering him "my standing counsel” Antia remembers briefing him on important community matters, one such being the issue of the Punchayet granting voting rights to women. Even at the age of 85 Antia had briefed him on an issue concerning a senior member of the medical fraternity.

According to a communiqué from Gautam Patel, honorary secretary of the BBA, the first photograph of a legal stalwart that they had placed on their website (www.bombaybar.com) was that of Khambatta.

The respected jurist is survived by his son Kersie and daughters Dolly Sagar, Hilla Guzder and Rashna Bharucha. Parinaz M. Gandhi