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Died: Kersasp (Kersi) Jehanbux Shethna, 88, past president of the Ahmedabad Parsi Panchayat (APP) and erstwhile chairman and executive chairman of the Bar Council of Gujarat; on April 17, 2021 in Ahmedabad following cardiac arrest after battling Covid.
Usually attired in his white shirt and trousers, black topi and black polished shoes, Shethna’s spartan and altruistic lifestyle reflected his personality, attested his Panchayat colleagues, senior advocates mentored by him and representatives from eight community trusts in Ahmedabad at the condolence meeting convened on the Zoom platform on May 23, 2021.
His generosity to all in need, whether the recipient be a Parsi or non-Parsi, was legendary, stressed Panchayat secretary, Cyrus Sabawala who was the master of ceremonies at the meeting. His dedication to duty, professional demeanor, attachment to religion and Parsipanu were his other traits.
When he gave alms, he did not seek name or fame or even a thank you, mentioned Kety Daruwalla who had worked with him on the Panchayat. Since appeals for medical help had to be restricted to the limits prescribed by the board, with his empathetic outlook towards the ailing, the balance sum would often be paid from his personal account saying "bakina maari tarafthi.” On his visits to the hospital, he would make time to meet the poor patients, frequently slipping in a cash envelope under their pillow.
Shethna was APP president from 1993 to 2000 and then again from 2007 to 2012. At the APP elections in 2007 when Parsiana was debarred by then APP president Areez Khambatta from entering the election venue and ejected from the evening function when the results were announced, the soft-spoken Shethna who had secured the highest votes stepped out of the hall for a few minutes to apologize to the reporter (see "A regime change,” Parsiana, June 21, 2007).
During the two terms they worked together as APP trustees, Hafez Dalal was impressed that Shethna "believed in working with unanimity, carrying the team, including the juniormost with him; never hurting anyone, not being dictatorial or totalitarian.” The Sanatorium in Ahmedabad that is today the popular venue for all community functions would have been sold for a crore of rupees in 1988 if Shethna had not the foresight to halt the sale, revealed Dalal. "Totally unselfish and very transparent in his dealings,” he enjoyed the respect of the community. Since Dalal undertook his personal income tax work, he knew that every year Shethna would magnanimously donate sums to community and cosmopolitan charities. There were two typed sheets of 30-40 institutions that he regularly supported.

 

 

 

 

 

 

 

 

Firoze Davar, joint honorary treasurer of APP, referred to Shethna’s daily schedule of visiting the agiary in Khamasa before going to court. His relentless efforts resulted in the Bombay Mercantile Bank increasing its rent five-fold to Rs 50,000 to benefit the Panchayat. He also prevailed upon the Bank to hire Parsis seeking employment.
Designated senior advocates Rustom Marshal, Percy Kavina and Jal Unwalla acknowledged Shethna’s encouragement at a crucial time in their career that prepared them for the legal journey. Marshal recalled that having tried unsuccessfully to practice law in Surat, he had decided to give it up and had accepted a job as a clerk. The day prior to assuming his new job, Shethna who was his neighbor in Surat sought a lift on his bike. "On that short journey he convinced me to practice in the High Court. He brought me with him to Ahmedabad. That has changed my life,” said Marshal who has now been practicing law for 36 years. Describing Shethna as "the number one criminal lawyer in Gujarat who reigned as the undisputed king for 15 years,” Marshal stated that "he was no less in knowledge or court craft than Ram Jethmalani or Soli Sorabjee” although he did not practice in the Supreme Court.
"He was an institution by himself, not only of law, but of compassion, of humanity,” believed Unwalla vividly recalling the day in 1992 when he went to meet Shethna after getting his BCom results. Acting on Shethna’s directives, the long-haired Unwalla went to the legal giant’s residence. Shethna was sitting on his balcony with a big file in his hands. For the next 20 minutes he remained engrossed in his work. He then invited Unwalla to join him for lunch and later took a ride with him to the High Court. The day ended at 11.30 at night giving the youngster a peep into what lay before him if he were to consider law as a career. That was the time when Unwalla was deliberating whether to pursue cricket as a career as he was summoned for selections to the Gujarat team for the Ranji Trophy and had a bank job assured. Hoping to resolve his dilemma he told Shethna he would return after a month. The senior counseled that he would either need to give up law or "bell-bot (as Shethna chose to describe the game of bat and ball).” Ultimately forsaking cricket, Unwalla dedicated himself to law, working under his "professional father” from 7 a.m. to 10.30 p.m. for the next three years.
"Kersibhai was that unique tree under which many others prospered. His larger than life stature protected and nurtured young lawyers, but never retarded their growth. He gave vast amounts to charity but it is as nothing compared to what he gave of himself to the profession and to nameless hundreds of lawyers in whose hearts like mine he shall live on,” responded Kavina when requested by Parsiana to share his impressions of his senior colleague. At the condolence meeting he referred to his senior’s "fantastic quality of recall, both criminal and civil law.” With his contacts throughout India, he just had to pick up the phone, and his voice recognized at the other end invariably brought about the desired outcome. "It was such fun to be in his midst with his idiosyncrasies. He gave us wisdom and a lot of joy.”
Yet another advocate Zubin Bharda recalled an incident when as his junior he cheekily passed an inappropriate comment belittling a client. Overhearing this, Shethna severely reprimanded Bharda and sent him off to apologize to the client. The next night at dinner time Shethna impressed on the youngster: "Client étlé bhagwan (a customer is akin to God). You can’t humiliate a client.” A devout Zoroastrian who recited his prayers aloud, Shethna’s Dua Tandorasti list would include names of his juniors as also of the non-Parsi staff at his home, recalled Bharda.
Representatives Minnie Patel of Ushta-te Foundation, Aspy Bharucha of Mohudawala Trust, Kersi Kavina of Davar Trust, Dalal of Jerbanoo Contractor Trust, Ariz Bokdawala of the Parsi Youth League of Ahmedabad, Aspi Unwala of Gamir Trust, Perin Unwala of Stree Mandal and Jamshed Shroff of Parsi Montessori School referred to Shethna’s "gracious benevolence” to individuals and institutions in Ahmedabad and beyond. Believing that "your actions should speak more than your words,” prior to the 2007 Panchayat elections when candidates were given an opportunity to introduce themselves, he stood up, folded his hands in a thanksgiving namaste and sat down.

 

 

 

 

At a virtual full court reference on April 30 to pay tributes to four judges and Shethna, the Chief Justice of the Gujarat High Court Vikram Nath commented, "With his loss the institution has not only lost a great lawyer but also a wonderful human being.” The president of the Gujarat High Court Advocates’ Association Yatin Oza recalled an incident when Shethna was asked why being a bachelor he needed to charge such high fees and he promptly retorted that he needed the money to continue his largesse.
Born in Surat to Parinbanoo and Jehanbux, Kersasp was an alumnus of Sir J. J. School, Sir K. P. College of Commerce from where he completed his graduation and postgraduation in commerce, and V. T. Choksi Sarvajanik Law College from where he did his postgraduation in law. Among the many trophies he had won, he valued the Mahatma Gandhi Medal at the intercollegiate elocution competition in English and Mahadevbhai Desai Medal for the elocution competition in Gujarati, a rare distinction. Though these medals in pure gold were his most treasured possessions, he was willing to sell them when the responsibility of providing for the family fell on him as the eldest son after the passing away of his father who worked for the Indian Railways. Fortunately the crisis was averted and the medals were eventually bequeathed to his nephew Hormaz Shethna. Before he was enrolled as an advocate in 1960, to supplement the family income Kersi took up brief stints: selling cloth bags as a schoolboy, working as a substitute ticket collector at the Surat Railway Station and undertaking clerical jobs in small and large enterprises. Once he was enrolled as an advocate, he started his practice in the office of Dhanjisha Jafrabadwala.
A Tweet from Prime Minister Narendra Modi described Shethna as "a leading lawyer and legal scholar. In addition to his contribution to the legal field, he was also at the forefront of many community service initiatives.” As recalled a condolence letter from Rohin Karanjia, former chief minister of Gujarat Babubhai Patel had once come visiting Shethna when he was in the midst of his prayers but he refused to curtail them even to accommodate the dignitary explaining that when he was in communion with the highest authority it would not have been polite to disconnect for any mortal! The message that greeted every visitor to his residence cum office was: Téno hukam bajaa laavjé; téna upar hukam karto na; uméd jo taaraa hakmaa na hoy; to khuda saath na-uméd thato naa (Obey God and do not try to supersede him. If your expectations are not fulfilled, do not be disillusioned with God).
For a record number of 53 years the popular senior advocate was elected member of the Bar Council of Gujarat which Hormaz feels may be perhaps unmatched by any advocate in any state of India. Another unmatched feat was his representing the Bar Council of Gujarat at the Bar Council of India for a period of 12 years from 1982 to 1994. He was also president of the Gujarat High Court Advocates’ Association for 15 terms. A voracious reader, who immersed himself in books on law, religion and philosophy, the only indulgence for him was the Uttarayan (kite flying festival).
Determined that his largesse continue after his demise, he had created a trust in the name of his predeceased sister Homai Sethna who was a prominent lawyer of Surat and trustee of the Surat Parsi Panchayat.
The benevolent lawyer is survived by his brother Behram, retired justice of the Gujarat and Rajasthan High Court.