"No One Has Become So Big Than The Institution Itself", Read Gujarat HC Judgment HC In Yatin Oza Contempt Case [Read Judgment]

"For the Judiciary to perform its duties and functions effectively and true to the spirit with which it is sacredly entrusted, the dignity and authority of the courts have to be respected and protected at all costs. 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," the Gujarat High Court remarked while holding Advocate Yatin Oza liable for criminal contempt. The Bench of Justices Sonia Gokani and NV Anjaria pronounced its verdict on Tuesday in the backdrop of "scurrilous remarks" made by him against High Court and its Registry, during a live press conference on Facebook. The Bench punished him till rising of the Court on Wednesday, apart from imposing a fine of Rs. 2,000. The verdict is a reminder that "no one has become so big than the institution itself that in the name of taking up the cause of advocates, he or she can go to any extent of tarnishing the image of the institution by his expression and utterances." In the case at hand, Oza had alleged the Registry of observing "favouritism and nepotism" in matter of circulation and listing of cases. The tenor of such allegations lead to registration of a suo moto case against Oza, President of the Gujarat High court Advocates' Association. On a complete evaluation of the facts and circumstances of the case, the Court has come to a finding that Oza' "broad wild allegations" were a scurrilous attack on the court and they were scandalous. They lowered the authority of the court and could be said to be meant to interfere with the administration of justice, or indeed tending to interfere with the course of justice. Public confidence Significantly, Oza had said that "The High Court is functioning for rich and influential people." Taking exception to this, the Court noted that Oza's remarks were, "a clear and loud message being sent to the public at large from the Chair of the President, Gujarat High court Advocates' Association that the common man, who otherwise reposes its faith in this system has misplaced its faith as a system is not conducive and does not entertain a man with less resources or with no means for their matters to be adjudicated." The Court said that what was alleged is against the High Court that it is functioning for the rich and the influential. While Oza had tried to take a defence that his remarks were aimed the Registry and not the Court itself, the Bench clarified, "Any matter filed before the High Court does not get stopped at the Registry, which is only a facilitating arm of the judiciary. Matters are being permitted to be filed, examined, considered, scrutinized, processed and placed before the Court. However, the issuance of notices inviting pleadings and evidence and adjudication of the matter after availing apt opportunities to the parties is the essential and predominant function of the judges and, therefore, if it is being attacked and alleged that only Khambhata (Kasturi construction) or the builders has access to the justice, which forms not even 1% to 5% of the total population of the country." Registry an integral part of Court As Oza tried to emphasize that his grievance was against the functioning of the Registry and not the Judges, the Court reimposed that "Registry is an integral part of the Court and held unfailingly and indubitably that any attack on the Registry would mean an attack on the Court." The Court said that the Registry and the officers working in the Registry are to be "indispensably" viewed as the part of the Court within the meaning of the word "court" used in Section 2(c)(i). "The administration of justice has the twin component, the Court on the judicial side and the Court on the administrative side. The Parliament has used the word scandalising the court and the definition does not refer to either the administrative wing or the judicial wing. It does not refer to the judges, not does it refer to the Registry, however, to say that the court does not include the Registry as rightly urged by learned amicus curiae would amount to strain reading of the provision. The Legislature has not used the words "Judges" or the "Judiciary", while framing the law," the Bench said while emphasizing on the legislative intent of the Contempt of Courts Act. It added, "The system shall have to be looked at as a whole and there could not be any interpretation of such a nature, which would say that the Registry is not a part of the Court. Any such parochial meaning would render the very powers otiose by allowing anyone and everyone to permit an integral part of judiciary to be criticized and attacked to achieve even their personal scores against the individuals." Nevertheless, it held that the entirety of the Oza's statements suggest...

"No One Has Become So Big Than The Institution Itself", Read Gujarat HC Judgment HC In Yatin Oza Contempt Case [Read Judgment]

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