Gujarat High Court Continues Temporary Restoration Of Senior Advocate Designation Of Yatin Oza For Six More Months Effective January 1

The Gujarat High Court, in a notification earlier this month, has resolved to extend the temporary restoration of Yatin Narendrabhai Oza's designation as Senior Advocate for an additional six months, effective from January 1, 2025.

This decision follows the judgment of the Supreme Court in Writ Petition (Civil) No. 734/2020, delivered on October 28, 2021, in the case of Yatin Narendra Oza Vs. High Court of Gujarat.

The Full Court of the Gujarat High Court, in its meeting held on January 1, 2025, confirmed the continuation of the temporary restoration, which was initially granted by the Full Court in a resolution passed on December 24, 2021.

This temporary restoration was originally made in line with the Supreme Court's judgment, which had ruled that the ends of justice would be served by restoring Oza's Senior Advocate designation for two years, from January 1, 2022. The restoration was to be contingent on Oza's behavior, with the High Court being given the discretion to withdraw the designation if his conduct was deemed inappropriate.

The matter stemmed from a controversy in which the Gujarat High Court had revoked Oza's Senior Advocate designation in July 2020. This action followed a Facebook live conference in which Oza made serious allegations against the High Court registry, accusing it of corrupt practices and preferential treatment to high-profile industrialists and smugglers.

In response to this revocation, Oza moved the Supreme Court, challenging the decision. However, the Supreme Court deferred hearing the petition, which ultimately led to the High Court taking further action.

In October 2020, the Gujarat High Court found Oza guilty of criminal contempt due to his public allegations. The High Court had initiated suo moto proceedings against him after he, as the President of the Gujarat High Court Advocates Association, accused the High Court of maladministration of justice.

The High Court while holding Oza liable for criminal contempt, emphasized the importance of preserving the dignity and authority of the judiciary, stating, “The only weapon of protecting itself from the onslaught to the institution is the long hand of contempt of court left in the armoury of judicial repository which, when needed, can reach any neck howsoever high or far away it may be.”

Further, in October 2021, the bench of Justices Sanjay Kishan Kaul and R. Subhash Reddy had passed the order in the appeal filed by Oza challenging the decision of the Gujarat High Court to revoke his senior designation.

In pursuance to this decision, the Gujarat High Court in December, 2021 had resolved to restore his senior counsel designation. Since the Apex Court had left it to the Gujarat High Court to make a decision in the matter, the High Court thus made a decision to temporarily restore his senior counsel designation.

Notably, the Apex Court, in its order, had observed, “It will be for the High Court to take a final call whether his behaviour is acceptable in which case the High Court can decide to continue with his designation temporarily or restore it permanently. Needless to say that if there is any infraction in the conduct of the petitioner within this period of two years, the High Court would be well within its rights to withdraw the indulgence which we have given for two years which in turn is predicated on the assurances given by the petitioner and his counsel for the immaculate behaviour without giving any cause to the High Court to find fault with his conduct. In effect, the fate of the petitioner is dependent on his appropriate conduct as a senior counsel before his own High Court, which will have the final say.”

With the caveat that it is the High Court which will watch and can best decide how he behaves and conducts himself as a senior counsel “without any further opportunity”, the Supreme Court had opined that the ends of justice would be served by temporarily restoring the designation of advocate Yatin Oza for a period of two years from January 1, 2022.

“In a way this can really be done by recourse to Article 142 of the Constitution of India as there is merit in the contention of the learned counsel for the High Court that there is no real infringement of the fundamental rights of the petitioner. The question is in what manner this last chance should be given? We are of the view that the ends of justice would be served by seeking to temporarily restore the designation of the petitioner for a period of two years from 1.1.2022”, the Apex Court had stated.

Click Here To Read High Court's Notification