Suo Motu Contempt against Yatin Oza: Gujarat HC adjourns hearing to Aug 17 after lawyer seeks to intervene as "informer"

The Gujarat High Court on Thursday adjourned the hearing in the suo motu contempt case against GHCAA president Yatin Oza in view of an application made by Advocate and GHCAA member, Amit M Panchal , to intervene in the matter as an informer .

. In June this year, the Gujarat High Court initiated suo motu contempt proceedings against Oza in view of allegations of corruption levelled by him against the Court Registry.

.Criminal contempt notice against GHCAA President Yatin Oza for accusing Gujarat HC of corruption in FB presser, calling it a "Gambling Den". After Oza's senior gown was withdrawn by a Full Court , thereafter, Oza moved the Supreme Court where he expressed his unconditional apology for his remarks. The Supreme Court, in turn, directed Oza to submit his apology to the Gujarat High Court.

."If you do not respect the institution then how will youngsters respect it?" Supreme Court says as Yatin Oza tenders unconditional apology. The High Court Bench of Justices Sonia Gokani and NV Anjaria on Thursday recorded that Oza has filed an affidavit tendering his apology while emphasising that it was not his intention to scandalise or lower the authority of the Court.

. While tendering the unconditional apology, Oza also urged the Court to discharge him from the contempt proceedings. Oza was represented by Senior Advocates Arvind Datar and Mihir Joshi along with Advocate Kruti Shah. Senior Advocate Shalin Mehta appeared as amicus curie along with Advocate Nisha Thakore .

. However, the Court has not passed any orders on the matter yet, in view of an application made by Advocate Panchal to bring to the notice of the Court certain contempt utterances stated to have been made by Yatin Oza.

. Appearing for Panchal, Senior Advocate Mihir Thakore sought permission to intervene and bring on record additional material for the Court's consideration.

. Since the application had not been placed before the Court yet at the time, the Bench directed the Registry to place the same on record by August 17, despite objection by the counsel for Oza.

. The Court also directed that a copy of the application be shared with the counsel for Oza before listing the matter for further hearing on August 17.

. In the meanwhile, the interim directions issued in the matter in earlier orders would continue, the Court added.

. Seeks to play the role of an informer, says intervenor-applicant

. Panchal's application states that he essentially " seeks to play the role of an informer, so as to enable the Honourable Court to decide the Contempt Application by taking into consideration the information supplied by the Applicant (Panchal) ."

. Panchal had already approached the Court in a PIL registering grievance over GHCAA resolutions passed recently, his application informs. In view of the same, Panchal is stated to have urged in his PIL for the formulation of appropriate rules by the High Court for the " proper conduct and discipline by members of the legal profession and with regard to any Resolution ."

. The same PIL also sought to restrain the GHCAA from passing any resolution or taking any action concerning the Gujarat High Court's functioning, including its virtual functioning, Panchal's application informs.

. In view of contempt proceedings having been initiated against the GHCAA President, i.e. Yatin Oza since, Panchal has now placed on record the following for the Court's consideration:

. Screenshots of two WhatsApp messages stated to have been sent at the instance of Yatin Oza. In one message, Oza is stated to have informed that he spoke to Chief Justice of India SA Bobde over certain grievances. Panchal submits that this is part of a modus operandi resorted to by Oza. The application states,

. "... in the same text, the Opponent No. 2 (Oza) has also mentioned that the Honourable the Chief Justice of India has asked him to put it in writing and that the Opponent No. 2 has also spoken to two Honourable Judges of the Collegium and would talk to other two Honourable Judges of the Collegium by evening. The applicant submits that the aforesaid conduct of the Opponent No. 2 goes to show the modus operandi of the Opponent No. 2 by resorting to such tactics of circulating WhatsApp messages in various groups of the Honourable Court." . A Letter dated March 21, 2020, addressed to CJI Bobde, in which Oza is stated to have made contumacious, scandalous allegations against Gujarat High Court judges in his personal capacity. Panchal adds,

. "... it clearly appears to have been done by the Opponent No.2 with a malafide intention and only with a view to bad name the Honourable Judge of this Honourable Court and bring disrepute to the Honourable High Court of Gujarat. It suggests that the Opponent No.2 is trying to browbeat the Honourable Judge and bring pressure on other Honourable Judges of this Honourable Court for reasons best known to the Opponent No.2." . The March 21 letter, as appended to Panchal's application, states that a High Court judge is “ defunct and non-performing judge. ”

. The letter also accuses the Judge of having given consent so that his nephew filed a vakalatnama in a high stakes matter, to culminate in the matter not being listed before the Judge's bench.

. In view of these submissions, Panchal has urged the Gujarat High Court to treat his application as " information/ notice of contempt " committed by Oza in deciding on the matter.

. Read the Order:

Suo Motu Contempt against Yatin Oza: Gujarat HC adjourns hearing to Aug 17 after lawyer seeks to intervene as "informer"

Meera Emmanuel

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