[Contempt Hearing Against Yatin Oza] Gujarat HC Rejects Intervention Application Filed by A Lawyer, But Takes On Record Material Produced By Him [Read Order]

The Gujarat High Court on Wednesday deemed it appropriate to take notice of materials circulated by GHCAA President Yatin Oza on the WhatsApp group of the High Court advocates, as disclosed by Advocate Amit Panchal who sought intervention in the suo motu criminal contempt proceedings pending against Oza. While disallowing the applicant himself to be a party intervener, Justices Sonia Gokani and N. V. Anjaria took on record the material supplied by Panchal. Panchal had brought on record a copy of the letter dated 21.03.2020 addressed by Oza on his letterhead in his individual capacity to the Chief Justice of India. It is further averred by the applicant that Oza circulated messages in the month of June, 2020 and two such messages of the WhatsApp group called High Court Advocates are annexed. "Although, there was no requirement for publicizing his telephonic calls to the Hon'ble Chief Justice of India or to the Hon'ble Judges of the Collegium of the Apex Court, he resorted to the said modus operandi and utterance of the opponent no.2, according to the applicant is the contempt of this Court as the Court has already initiated suo motu contempt proceeding against the opponent no.2", recorded the division bench. By way of the intervention application, Panchal sought to state that Oza has maligned this Court and there was no requirement nor any reason for circulating the letter in the month of June, 2020. "This appears to have been done with a mala fide intent and to give a bad name to the judge concerned and to disrepute the High Court. He is trying to browbeat the judges and belittle the institution", observed the bench. The bench noted that the applicant has fairly submitted that addressing a letter to the Chief Justice of India per-se may not amount to contempt, however, the intent of the said letter which was circulated in the WhatsApp group of Advocates with an intent of wide circulation before two days of issuance of notice of Contempt, makes it a contemptuous utterances. The bench framed the following three aspects for its consideration: 1) Whether at the present stage of criminal contempt proceedings, any intervener can be permitted to step in, as the court is already seized of the matter of Criminal contempt, and2) Whether the material sought to be placed before this court in this application can be permitted to be brought on the record presented before another court in PIL proceedings by any person in the ongoing contempt proceedings, and3) Whether the material which is sought to be placed before this court is completely unconnected to the subject matter of contempt proceedings and therefore, deserves no indulgence? Appreciating several Supreme Court and other High Court authorities as regards the first question, the bench reflected that the common thread which runs through all the case laws is that the initiation of contempt is between the Court and contemner, the contempt of court is not a litigation of an adversarial nature and a party who brings to the notice of the court the contemptuous conduct, is only an informant or relator and not the litigant. It is between the court and contemner and the third party would have no locus. On adverting to the facts on hand, even otherwise from the plethora of decisions, the court was of the firm opinion that the intervener, being a third party, cannot be permitted as the proceedings of criminal contempt initiated suo motu by this court are strictly between the Court and the contemner. The bench continued to address the second and third questions as to whether the applicant should be permitted to place before the Court, the material which is forming part of another PIL which is pending before another bench of the High Court. The bench noted that being conscious of the fact that the petitioner has already moved a PIL and it is also true that he, at no stage, has stated before this court as to why he has approached this Court belatedly when he already was before the Court in PIL and was aware of the contempt proceedings which has been initiated by the Court. "From his material which he has placed before the first Court, it can also take cognizance of the matter and the matter is still pending for adjudication where the applicant requests the framing of the rules for the conduct of the advocates. He also has sought other prayers which concern conducting of the court by virtual hearing", observed the bench. The bench concluded that, however, none of these circumstances would come in the way of this court in taking this material on record- "Any material which is authentic and is derived from any source which is not questionable, the court can make use of it without permitting anyone to implead itself as an intervener" The bench expressed that none of the decisions nor the powers of this Court under Article 215 nor the provisions of the Contempt of Courts Act preclude the Court from getting the material from any source which is...

[Contempt Hearing Against Yatin Oza] Gujarat HC Rejects Intervention Application Filed by A Lawyer, But Takes On Record Material Produced By Him [Read Order]

Mehal Jain

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