NE LEGAL BUREAU
AHMEDABAD, JUNE 16
After the Supreme Court had advised the president of Gujarat High Court Advocates’ Association Yatin Oza to approach the Gujarat High Court on Tuesday, the HC granted two weeks’ time to Oza to file a reply on a suo motu criminal contempt notice issued against him.
The division bench of Justice Sonia Gokani and Justice NV Anjaria allowed Yatin Oza to file his reply on affidavit in another two weeks on a criminal contempt notice issued by it over his remark on June 6 calling the court a ”gambling den” and an institute which caters only to litigants with means and money power, smugglers and traitors.
Oza’s lawyer Kruti Shah sought time from the court to file a reply to the affidavit, which it granted, keeping the matter for hearing on July 1.
The High Court had last week slapped a criminal contempt notice against Oza, a senior lawyer, for making the remarks during a live press conference on Facebook.
The court called his remarks “extremely unfortunate and absolutely unpalatable”, and said he made “false and contemptuous allegations of corruption, malpractices against the administration of the High Court”.
The HC observed that Oza called it a gambling den to spread sensationalism, and slapped him with notice for criminal contempt under sections 2(c) and 15 of the Contempt of Courts Act.
The court said Oza’s remark that it “caters only to the litigants with means and money power, smugglers and those who are traitors and that the court would kick away those who do not belong to the big industrial houses or construction industry or having innumerable means” were scurrilous.
“These scurrilous remarks appear to have been made without any substantive basis and without any intent to know the truth as also without approaching the honourable Chief Justice for any inquiry as to the head of the institution,” the court said.
“Bar president has by his scandalous expressions and indiscriminate as well as baseless utterances attempted to cause serious damage to the prestige and majesty of the High Court and, thereby, of an independent judiciary as also attempted to lower the image of the entire administration and also created demoralising effect among the administrative wing,” the court said.
SC declines Oza’s plea, says don’t allege not getting justice
The Supreme Court on Tuesday declined to entertain a plea by Gujarat High Court Advocates’ Association (GHCAA) president Yatin Oza in a contempt notice case and asked him not to level allegations that he was not getting justice.
The Supreme Court also asked Oza to approach the Gujarat High Court, which had taken cognisance of his alleged remarks against the court and its registry and issued a contempt notice against him.
A bench headed by Chief Justice of India SA Bobde and comprising Justices MR Shah and AS Bopanna told Oza’s counsel and senior advocate Abhishek Manu Singhvi: “We are not actually inclined to hear it… we feel you should go back to the High Court.”
During the hearing, the court also remarked: “Don’t make allegations that you are not getting justice.”
The Chief Justice told Singhvi that the allegations against the petitioner were that he was maligning the concept of justice and not any judge or court. “You reply to the High Court,” the apex court observed.
When Singhvi argued that the petitioner did not intend to say anything against the functioning of the justice system, the Chief Justice quipped: “Are you doing us a favour by letting it function?”
As Singhvi contended that the High Court order was passed in anger, the bench replied it was not. After Singhvi sought court permission to withdraw the plea, the apex court said the plea was dismissed as withdrawn.
