Justice J K Maheshwari, Justice Vijay Bishnoi, Supreme Court
Regret Is Best Punishment: Supreme Court Asks Senior Advocate Yatin Oza To File Affidavit Containing Apology In Contempt Case
|The Supreme Court also remarked that the relations between the Bar and the Bench should not be severed for a long time.
Today, the Supreme Court orally remarked that the relations between the Bar and the Bench should not be severed for a long time, while hearing the appeal filed by the former President of the Bar Association of the High Court of Gujarat, Yatin Oza, challenging contempt proceedings registered against him. The Court also said that regret is the best punishment for Oza.
Yatin Oza was found guilty of contempt of court for his remarks made on social media regarding the alleged corrupt practices by the Registry of the Gujarat High Court.
The Bench of Justice J.K Maheshwari and Justice Vijay Bishnoi said that an affidavit of regret and apology be filed by Oza and suggested that the High Court consider the said apology as "the relation of Bar and Bench should not be severed for a long time."
The Counsel appearing on behalf of the High Court submitted that they have filed three affidavits.
Senior Advocate K K Venugopal, appearing for the Advocates Association, submitted, "He (Yatin Oza) has appologised five times. Supreme Court was very sympathetic and sent us back to the High Court...But the High Court refused, saying that because the Supreme Court has directed you.... that is not a genuine apology."
Venugopal referred to another case before the Supreme Court in which it was observed that the Supreme Court will accept the apology of Oza, if not the High Court.
"After five apologies, so far as this matter is concerned, this has been pending for long, ...the speech was made at the time when COVID was there, when young lawyers were suffering badly, cases were not being listed, therefore, he (Oza) put forwards the plea for the young lawyers...he has apologised for that", submitted Venugopal while urging to dispose the matter.
Advocate appearing on behalf of the Gujarat Bar Association, submitted that since Oza was the President of the Bar Association at that time, he was raising the issues of the Bar. The Court was apprised that Oza has accepted and apologised that his words were harsh and he got carried away due to circumstances during COVID.
The Court was also told that Oza has been practicing in the High Court of Gujarat and there has been no complaint against him.
Justice Maheshwari confirmed, "His Senior Gown is continuing?"
Upon which, the Counsel for the High Court of Gujarat informed the Bench that Oza's Senior Gown is continuing; however, that there was an order by the Standing Committee that the High Court of Gujarat wants to divest him of the Senior Gown because of the incident that occurred in April, 2024 before a lady judge.
"Subject to whatever is passed by this Court, they are not interested in allowing the Senior status", added the Counsel.
Upon which Justice Maheshwari said, "High Court may not have any grudge against any individual, if any individual comes forward and files an apology on an affidavit...and it would not be repeated...what more you want."
"In life, regret is the best punishment", remarked Justice Maheshwari while asking the Counsel to consider the apology of Oza and convey the same to the High Court.
Furthermore, Justice Maheshwari said that the Court wants to close the matter and asked Oza to file an affidavit stating that he is regretful and undertakes that no such incident would occur in future.
"Relation of Bar and Bench should not be severe for a long time", said Justice Maheshwari while suggesting that the matter should be closed.
Justice Maheshwari continued and told the Counsel appearing for the High Court of Gujarat, "If a person comes forward and apologises, what more do you want. Show magnanimity, finish it."
Later, the Court recorded in its Order that a Counter-Affidavit and Affidavit for regret and apology were to be filed by Oza.
Case Background
The High Court of Gujarat took Suo Motu cognizance against the remarks made by Oza in exercise of powers under Article 215 of the Constitution. In 2021, the High Court of Gujarat temporarily restored Oza’s designation as Senior Advocate for two years.
Cause Title: Yatin Narendra Oza V. Suo Motu, High Court of Gujarat & Anr. (Crl.A. No. 669/2020 II-E)