The Supreme Court has scheduled for February the hearing of Senior Advocate Yatin Oza’s appeal challenging the Gujarat High Court’s 2020 order convicting him of criminal contempt for making allegations of maladministration of justice against the High Court.
The matter came up today before a Bench of Justices JK Maheshwari and Vijay Bishnoi, but was adjourned due to lack of time.
Appearing for Oza, Senior Advocate Dr. Abhishek Manu Singhvi argued that Oza had already been “punished and more than punished,” and that the justice system should not be “retributive.” Senior Advocate Vijay Hansaria, representing the High Court, countered by pointing out that there were six separate instances of contemptuous conduct. “Please advise your client on how to behave in Court,” Hansaria remarked to Singhvi.
The Bench ultimately re-listed the matter for hearing in February, urging both sides to “contest the case as a case.”
The controversy stems from a Facebook live session in June 2020, during which Oza levelled accusations of corruption and preferential treatment within the High Court registry, claiming undue favour to influential industrialists and smugglers.
In his capacity as President of the Gujarat High Court Advocates Association, Oza publicly accused the High Court of maladministration, prompting the Court to initiate suo motu contempt proceedings.
In October 2020, the High Court delivered the impugned order, finding him guilty of criminal contempt for his public statements.
While holding him in contempt, the High Court stressed the need to safeguard judicial integrity, noting, “The only weapon available to protect the institution from such attacks is the long arm of contempt jurisdiction, which can reach any neck, however high.”
Additionally, in July 2020, the High Court revoked Oza’s Senior Advocate designation, leading him to file an appeal before the Supreme Court. In October 2021, the Supreme Court conditionally restored his senior designation for a two-year period.
The Court observed that the High Court was best placed to assess his conduct and stated that, “without any further opportunity,” it would be appropriate to temporarily reinstate his designation from January 1, 2022.
Following this, the High Court restored his senior designation by a resolution dated December 24, 2021. This temporary renewal was further extended in January this year.
Case Title: YATIN NARENDRA OZA v. SUO MOTU, HIGH COURT OF GUJARAT & ANR., Crl.A. No. 669/2020
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