Supreme Court To Hear In February Sr Adv Yatin Oza's Appeal Against Contempt Conviction Over Allegations Against Gujarat HC

The Supreme Court will hear in February Senior Advocate Yatin Oza's appeal against the Gujarat High Court order of 2020 which convicted him for criminal contempt over his levelling allegations of maladministration of justice against the High Court.

The case was listed today before a bench of Justices JK Maheshwari and Vijay Bishnoi, which adjourned it due to paucity of time.

Senior Advocate Dr Abhishek Manu Singhvi appeared for Oza and claimed that he has been "punished and more than punished" and there cannot be "retributive justice". Senior Advocate Vijay Hansaria represented the High Court and claimed that there have been 6 incidents of contemptuous conduct. "Please suggest your client how to behave in Court", Hansaria remarked to Singhvi.

Ultimately, the bench re-listed the matter in February, requesting that both sides "contest the case as a case".

To recap, in a Facebook live conference held in June 2020, Oza made serious allegations against the High Court registry, accusing it of corrupt practices and preferential treatment to high-profile industrialists and smugglers.

After he, as the President of the Gujarat High Court Advocates Association, accused the High Court of maladministration of justice, the High Court initiated suo motu proceedings against him.

Vide the impugned order, in October 2020, the High Court found Oza guilty of criminal contempt due to his public allegations.

While holding him liable for criminal contempt, the High Court 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."

Notably, the High Court also revoked Oza's Senior Advocate designation in July 2020. Against this, he appealed to the Supreme Court. In October, 2021, the top Court temporarily restored his senior designation for 2 years.

With a 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 opined that the ends of justice would be served by temporarily restoring the designation of Oza for a period of two years from January 1, 2022.

As a result, the High Court restored Oza's senior designation vide a resolution passed on December 24, 2021. This temporary restoration was extended in January this year.

Case Title: YATIN NARENDRA OZA Versus SUO MOTU, HIGH COURT OF GUJARAT AND ANR., Crl.A. No. 669/2020