The Supreme Court on Thursday deferred the hearing on an appeal filed by a senior advocate from Gujarat Yatin Oza challenging the decision of the full court of the Gujarat High Court divesting him of senior designation.
A two-judge bench comprising Justices Sanjay Kishan Kaul and Ajay Rastogi was of the opinion that in view of Oza’s unqualified apology, the High Court should first apply its mind to the issue.
The apex court also recorded that Oza had no hesitation apologizing unconditionally, in the contempt proceedings, and praying for bringing those proceedings to a closure.
Oza also assured the top court that he would make a representation to the Full Court of the High Court stating that the deprivation of his gown for the existing period already is sufficient punishment for him and he stood chastened. He added that the Full Court may reconsider the aspect of the restoration of the senior’s gown rather than depriving him of all times to come.
“The grievances may exist but can always be conveyed in a better language. Systems can be improved but imputations should not unnecessarily be made. Oza assured the top court that he would never repeat such conduct in the future”, said Justices Kaul and Rastogi.
Senior advocates Abhishek Manu Singhvi, Arvind Dat1tar, Shekhar Naphade, P.H. Parekh, Mihir Joshi appeared for the petitioner. Senior advocate Dushyant Dave also addressed the court in the matter.
Background
On June 9, a division bench of Justices Sonia Gokani and N.V. Anjaria, while issuing Oza a contempt notice, had placed the matter before the Chief Justice of the High Court for consideration by the Full Court on whether to divest Yatin Oza of designation as a Senior Counsel for contempt for calling High Court and its registry. a ‘gambling den’ and “an institute which caters only to the litigants with means and money power, smugglers and those who are traitors”.
On July 21, the Full Court of the High Court had stripped Yatin Oza of his Senior Advocate designation. A Full Court of the High Court had taken a unanimous decision to this effect in its meeting held on July 18.
The contempt proceedings against Oza on the judicial side are still pending in the High Court.
Read the Order
http://theleaflet.in/wp-content/uploads/2020/08/15364_2020_37_15_23275_Order_06-Aug-2020-1.pdf
