SC refuses to entertain Yatin Oza’s plea to stay contempt proceedings by Guj HC

The plea was withdrawn after the CJI asked Oza to approach the high court with his grievance

yatin oza

The Supreme Court on June 16, refused to entertain Senior Advocate Yatin Oza’s petition to grant a stay on contempt proceedings initiated against him by the Gujarat High Court. The petition was thus withdrawn by Oza’s counsel, Senior Advocate Abhishek Singhvi.

The Gujarat High Court bench of Justices Sonia Gokani and NV Anjaria, on June 9, registered a suo moto criminal contempt case against Oza for raising “accusing fingers…against the High court, High Court Administration and the Registry by irresponsible, sensational and intemperate delivery in an interview”. On June 5, Oza, Senior advocate and President of Gujarat High Court Advocates’ Association (GHCAA), had conducted a Facebook live briefing wherein he had alleged favouritism by the court and its administration for “lawyers of billionaires”.

A bench comprising Chief Justice SA Bobde, Justices AS Bopanna and MR Shah, was hearing the case wherein Oza asked for a stay on the suo moto contempt proceedings. Livelaw reported that Singhvi argued that the contempt notice was issued out of anger without any basis, to which the CJI responded, “Who told you they were angry with you? Allegations made against you have brought disrepute to the HC.

When Singhvi argued that injustice had been caused to his client, the CJI asked him to take his grievance to the Chief Justice of the Gujarat High Court instead. “We will not hear it,” said CJI Bobde.

The Gujarat High Court in its order mentioned, “When an attempt is made to shake this very foundation by creating disaffection, disrespect and also distrust in the working of the very Court, it is time for the court to exercise its extraordinary powers under Article 215 of the Constitution, of initiating actions for the contempt of courts against those who attempt to undermine the authority of law and bring disrespect and disrepute to this institution by scandalising the same.”

The allegations levied by Oza were to the tune of:

(1) corrupt practices being adopted by the registry of the High Court of Gujarat,

(2) undue favour is shown to high-profile industrialist and smugglers and traitors,

(3) The High Court functioning is for influential and rich people and their advocates,

(4) The billionaires walk away with order from the High Court in two days whereas the poor and non VIPs need to suffer,

(5) if the litigants want to file any matter in the High Court person has to be either Mr Khambhata or the builder or the company.

 

The bench has placed the matter before Chief Justice Vikram Nath for consideration whether to divest Oza from the designation of Senior Advocate and for assigning it to bench of appropriate strength.

The Supreme Court order can be read here.

 

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