"I Apologise From My Heart": Advocate Yatin Oza's Tells SC As SC Decides To Wait For Gujarat HC Order

The Supreme Court on Wednesday deferred hearing in the petition filed by advocate Yatin Oza against Gujarat High Court's decision to strip him off his designation as senior. Given the fact that the High Court is scheduled to pass orders on September 17, the Supreme Court Bench comprising of Justices SK Kaul, Aniruddha Bose and Krishna Murari deemed it fit to wait and see what the High Court decides. Stating that Oza might have "more hands to place his arguments on" after the High Court gives a verdict, the Bench said it would hear the matter in appeal thereafter. It was thus averred that subsequent to the punishment decided by the High Court, an appeal maybe filed accordingly. Upon the suggestion of Oza's counsels, senior advocates Abhishek Manu Singhvi and Arvind Datar, the Supreme Court granted Oza liberty to serve a copy of the petition that will be moved before it to the respondents beforehand in order to enable them to come prepared with a response. Therefore, so long as a petition is moved soon after High Court's decision, Oza may provide that to the respondents who will then file a reply, without the need to issue a notice on the next date, thereby saving time and allowing the matter to be heard. Giving due consideration to the amount of time this will require, Supreme Court has now listed the matter for September 29. >#SupremeCourt to shortly hear plea filed by Advocate Yatin Oza, challenging decision of the Gujarat High Court of revocation of his Senior Designation. #SupremeCourtofIndia pic.twitter.com/6cndj7dM42— Live Law (@LiveLawIndia) September 9, 2020As the hearing commenced today, Justice Kaul stated that this was an unfortunate situation and expressed his concern regarding the same."What concerns us is that this is not an isolated incident. On various occasions he has used opportunities to, I'll use the term, 'brow beat' the Court", remarked Justice Kaul. He went on to say that Mr. Oza had only made things worse for himself. Abhishek Manu Singhvi tried to appeal to the Court regarding the sensitivity of the issue and informed that Oza has tendered an apology on numerous occasions for his words. With regard to recalling of his designation as senior, Singhvi argued that the decision was harsh. "You know the matter of the gown is a death sentence for any lawyer", he urged. Though the Bench expressed its awareness regarding the plight of a lawyer in this position, it was asserted that the power to grant and withdraw the designation vested with the High Court. Agreeing with the same, Singhvi sought to argue the matter and bring out 12 points. However, Justice Kaul was of the opinion that it would be better to await the decision of the High Court. After the Order was passed, Singhvi apprised the Judges that Oza had apologized on a number of occasions. "However, it was said that I haven't apologized and even if I did it would not be accepted. Then it was said when I apologized that I didn't argue on merit", he added. Senior Advocate Shekhar Naphade on behalf of Oza also voiced his support and said that he had served well for many years, and though he had slight temperamental issues, Oza has got a heart of gold. Yatin Oza himself also clarified that he was indeed apologetic for his words and averred that the action was taken against him because he was the President of the Gujarat High Court Advocates' Association "I know my words have caused great harm. I apologize from my heart. It is not a paper apology", he clarified. "Let's see what we can evolve, all I can say is the consequences will hopefully be minimal", responded Justice Kaul. Background During a live conference on Facebook in July, attended by various journalists, Oza alleged that the HC registry was following corrupt practices, and that the cases of only the rich and powerful were being listed and heard. Taking strong exception to such "irresponsible, sensational and intemperate" remarks, the High Court had taken contempt proceedings against him observing that Oza had, with frivolous grounds and unverified facts, targeted the High Court Registry and had questioned the very credibility of High Court Administration. He had challenged the contempt proceedings before the Supreme Court, which refused to interfere in the matter. During the pendency of contempt proceedings, the Full Court of the Gujarat High Court decided to review and recall the decision taken on October 25, 1999 to designate Oza as Senior Advocate. The decision was taken under Rule 26 of the High Court of Gujarat (Designation of Senior Advocates) Rules 2018. Being stripped of his designation as a senior, Oza moved the Top Court, seeking that the Full Court notification be set aside and Rule 26 of the HC Rules be declared as ultra vires. In Supreme Court, on August 6, Oza offered to tender an unconditional apology to the High Court for his remarks against it. Taking note of ...

"I Apologise From My Heart": Advocate Yatin Oza's Tells SC As SC Decides To Wait For Gujarat HC Order

Nilashish Chaudhary

"I know my words have caused great harm. I apologize from my heart. It is not a paper apology"?: Yatin Oza Told SC

Tags