“Gifted with legal acumen:” Supreme Court urges Gujarat High Court to keep in abeyance decision to recall Senior designation of Yatin Oza

The Supreme Court on Wednesday asked the Gujarat High Court to explore the option of keeping in abeyance its decision to recall the Senior Advocate designation of veteran lawyer, Yatin Oza..The Bench of Justice Sanjay Kishan Kaul and R Subhash Reddy remarked that stripping a Senior Advocate of his/her gown would have a very big impact on the practice of the concerned advocate.“Having been on other side (Bar /legal practice), we know for a senior counsel, senior gown is everything. A senior counsel stripped of his gown might find it difficult to appear,” said Justice Kaul..The decision to withdraw Oza’s senior gown was taken by the Gujarat High Court in July 2020 after Oza raised allegations of corruption against the High Court Registry.Oza had alleged that undue favour was being shown to high-profile industrialists, smugglers and traitors in listing cases.“The High Court functioning is for influential and rich people and their advocates,” he had alleged..Simultaneously, the High Court had also initiated suo motu contempt proceedings against Oza and found him guilty of the same.Oza had appealed to the Supreme Court against the contempt judgment while also filing a separate writ petition challenging the Full Court decision of the High Court to withdraw his senior gown.."Taking away senior designation is virtually death penalty", Supreme Court observes in Yatin Oza challenge to recall of senior gown.The Supreme Court on Wednesday made it clear that it will not hear the contempt plea for now, instead restricting itself to the latter petition.Justice R Subhash Reddy, who had served as Chief Justice of Gujarat High Court from February 2016 to November 2018, remarked on Wednesday as to why Oza, one of the finest legal minds, would lose his temper..“Having heard you argue, I used to wonder that you have been gifted with so much legal acumen, so why would you lose your temper,” remarked Justice Reddy..Oza, who was present for the hearing, apologised saying that he has learnt his lesson and that there wouldn't such behaviour on his part henceforth.The Bench was of the opinion that the High Court should consider keeping the decision to withdraw the Senior gown in abeyance..“Should gown be withdrawn for life? Should it be kept in abeyance so that it automatically kicks in if there is further transgression?” the Bench asked..Advocate Nikhil Goel, appearing for the High Court, said that such an opportunity was given to him during an earlier contempt case in 2015.The top court, however, insisted that the order be kept in abeyance and that his conduct be reviewed every six months..“In case of transgression, the gown goes automatically without any judicial review available,” Justice Kaul suggested..Goel said that he will have to seek instructions from the High Court before responding to the suggestion from the Bench..The matter was, therefore, adjourned and will be taken up again on March 24.

“Gifted with legal acumen:” Supreme Court urges Gujarat High Court to keep in abeyance decision to recall Senior designation of Yatin Oza

Bar & Bench

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