Supreme Court keeps Yatin Oza's contempt conviction in abeyance, asks HC to reconsider senior gown restoration afresh

The Supreme Court on Monday ordered that the contempt of court conviction handed down to Gujarat's veteran lawyer Yatin Oza by the Gujarat High Court shall remain in abeyance indefinitely. .The Bench of Justices JK Maheshwari and AS Chandurkar also directed the High Court to take a fresh decision on restoring the Senior Advocate designation of Oza. "We request the High Court to take a first decision in respect of the incident of 2024 and the question of withdrawal of the senior designation in the light of the present judgment completely uninfluenced by the appellant's (Oza) conviction for contempt," the Supreme Court held..The Gujarat High Court had found Oza guilty of contempt of court and stripped him off his senior gown in 2020 following some scathing remarks made by him against the High Court.This led to the proceedings before the Supreme Court..The Supreme Court Bench of Justices JK Maheshwari and AS Chandurkar held on Monday that though it is not inclined to interfere with the High Court decision, it will extend "one final act of forgiveness" to Oza.Hence, while refusing to overturn the High Court decision on merits, the top court invoked its special powers under Article 142 of the Constitution (power to pass order to do complete justice) and directed that Oza's conviction in the contempt of court case against him be kept in abeyance."The reasons assigned in the impugned order by the High Court do not warrant any interference by this court. Yet, extending a final act of forgiveness, we are inclined to exercise our power under Article 142 of the Constitution of India to suspend/ keep in abeyance the conviction as well as sentence of the appellant as a consequence of this judgment indefinitely," the Supreme Court said in its judgment.However, the apex court made it clear that the full court of the High Court shall undertake a periodic review of Oza's conduct every two years."In the meanwhile, no disqualification or disadvantage arising out of the appellants conviction shall attach. The full court of the high court shall undertake periodic review of the appellant’s conduct at an interval of every two years," the top court said.If Oza is found to have engaged in any similar conduct, the High Court can give effect to its conviction and sentence in the contempt case, the Supreme Court said."If the appellant is found to have carried out any further act of similar nature, the High Court shall be at liberty to file an application in the instant disposed of appeal seeking to give immediate effect to the appellant's conviction and sentence as directed by the High Court in the present proceedings," the judgment stated.Pertinently, it directed the High Court to consider afresh the issue of restoration of Oza's senior gown. The decision to retain/ withdraw Oza's senior gown shall also be subject to periodic review of two years, the Court added."Needless to say that the decision of retaining/ withdrawing the appellant's senior gown can also be made a subject for periodic review every two years which we have directed. We hope and expect that the appellant's conduct remains… that he realises that this final act of the forgiveness is in consideration of his undertaking before this court and he must therefore continue to abide by it in true sense and respect," the Bench said..In June 2020, the Gujarat High Court initiated suo motu criminal contempt proceedings against Oza for making what it termed irresponsible and sensational allegations of corruption against the High Court Registry during a Facebook live press conference. He had alleged that Gujarat High Court was a "gambling den".The following month, a full court resolution revoked his designation as a Senior Advocate.In October 2020, he was found guilty of contempt and sentenced to a fine of ₹2,000 and simple imprisonment till the rising of the court.Oza challenged both the conviction and the stripping of his gown before the Supreme Court.While the top court temporarily restored his senior designation for a period of two years starting January 1, 2022, the High Court subsequently refused to make the restoration permanent or accept his apology, leading to the current proceedings before the Supreme Court..Senior Advocates Kapil Sibal, AM Singhvi and Arvind Datar appeared for Oza alongside Senior Advocate KK Venugopal who represented the Gujarat High Court Bar Association. All four uniformly argued that Oza had been punished enough and that his apology should be accepted to bring a quietus to the issue.Sibal highlighted the prolonged period Oza has spent without his senior gown."Put a quietus to this. I have been without a gown since 2 years and 5 months. Lordships have seen the video, there’s nothing in it," Sibal submitted.Venugopal argued that the underlying grievances Oza had raised during the pandemic were valid, even if his choice of words was flawed."The issues in the videos are non-issues. He is entitled to say issues of law. These are such small things. His apology is totally sincere. He was the President of the Bar. This should be forgotten," Venugopal submitted.Sibal then stressed that continuing the proceedings despite Oza's repeated apologies was unfair..Give him back the gown: 4 senior lawyers urge Supreme Court to end Yatin Oza contempt case.Senior Advocate Vijay Hansaria, appearing for Gujarat High Court, strongly opposed the plea for leniency. He meticulously detailed Oza's history of run-ins with the judiciary, citing incidents from 2006 and 2016 where Oza had made severe allegations against various judges, including writing letters to the Chief Justice of India and the press.Hansaria submitted that in all past instances, Oza had employed a strategy of making explosive allegations, facing contempt charges and then tendering apologies that were routinely accepted. He argued that the High Court's refusal to accept the apology this time was justified to protect the institution's dignity..[Read Live Coverage]