Show magnanimity, finish it: Supreme Court to Gujarat HC in 2020 contempt case against Yatin Oza

The Supreme Court on Tuesday asked Senior Advocate Yatin Oza to file an affidavit expressing remorse for his remarks against the Gujarat High Court and Registry in 2020 [Yatin Narendra Oza v. Suo Motu, High Court of Gujarat and Ors].

A Bench of Justices JK Maheshwari and Vijay Bishnoi said that an unconditional apology backed by an assurance from Oza that he would not repeat the same, may be sufficient to close the matter. It orally observed,

"If any individual comes forward and files an apology on an affidavit...and assures that it would not be repeated...what more you want? In life, regret is the best punishment."

Senior Advocate KK Venugopal, appearing for the Gujarat High Court Bar Association (GHCAA), submitted that Oza had already tendered five apologies for the remarks. He pointed out that while the Supreme Court had shown sympathy and directed the parties to return to the High Court, the latter declined to accept the apology, terming it not genuine.

Venugopal emphasised that the present case has remained pending for long. He added that Oza’s remarks were made during the COVID-19 pandemic, a time when young lawyers were facing significant hardships due to cases not being listed and that Oza had spoken out in their interest.

The Court observed that the relationship between the Bar and the Bench should not remain strained for an extended period.

"If a person comes forward and apologises, what more do you want? Show magnanimity, finish it." Justice Maheshwari told counsel appearing for the Gujarat High Court.

The matter was listed on August 19 for further consideration.

In June 2020, the Gujarat High Court had initiated suo motu criminal contempt proceedings against Oza for making what it termed irresponsible, sensational, and intemperate allegations of corruption against the High Court and its Registry during a live press conference streamed on Facebook. In July 2020, the High Court also revoked his designation as a Senior Advocate.

In October 2020, the High Court held Oza guilty of contempt and sentenced him to a fine of ₹2,000 along with simple imprisonment till the rising of the court. It was further directed that in case of default, he would undergo two months of imprisonment.

Aggrieved by the decision, Oza approached the Supreme Court, challenging both the contempt conviction and the Full Court’s resolution withdrawing his Senior designation.

In October 2021, the Supreme Court partially allowed his plea and restored his Senior Advocate status for a period of two years, effective from January 1, 2022.

Senior Advocates Arvind Datar, Abhishek Manu Singhvi, Sushil Kumar Jain, RK Oza, Purvish Jitendra Malkan and Advocates Yashasvi Virendra, Apur Kapadia, Jay Wadhwa, Dharita Malkan, Nandini Chhabra, Stuti Chopra, Alok Sharma, Aditya Gupta and Anany V Mishra appeared for Oza.

Along with Venugopal, Senior Advocate Aryama Sundaram appeared for GHCAA.

Advocate-on-Record Vishakha appeared for High Court of Gujarat.