"If you do not respect the institution then how will youngsters respect it?" Supreme Court says as Yatin Oza tenders unconditional apology

Yatin Oza, who was recently stripped of his senior designation by the Gujarat High Court after making allegations of corruption against the Registry, tendered an unconditional apology before the Supreme Court today..The Bench of Justices Sanjay Kishan Kaul and Ajay Rastogi said that while President of the Gujarat High Court Advocates Association (GHCAA) Oza is a man of respectable standing, there have been many such cases more involving him..Senior Counsel Abhishek Manu Singhvi, representing Oza, said that he would not repeat something like this again. Singhvi added that Oza tends to get "emotionally carried away". The Court, however, said that "there are better ways to show emotion.".Justice Kaul today said that this is a matter where judges and lawyers are involved, and that a settlement would be the best way forward..Senior Advocate Arvind Datar sought to clear the air by saying that while it appears that Oza is a "habitual offender", it is not so. The first case against Oza was a frivolous one involving a phone ringing in a courtroom. The second instance was when Oza stood up for a senior judge who was transferred to Madhya Pradesh High Court, Datar said, referring to Justice Akil Qureshi..All’s well that ends well: SC exonerates Gujarat Senior Yatin Oza of contempt [Read order].The Court highlighted that the matter is not so simple and that questions were asked regarding listing of matters, and connections with other cases were drawn up.."There may be allegations that matters are not getting listed. But how can you say it is because of some other matter?"Justice Sanjay Kishan Kaul.Datar said that if an apology needs to be tendered, the same can be done immediately. Singhvi agreed that this episode could have been avoided if Oza was "more nuanced"."All statements were made in a charged up atmosphere when a lawyer had to become a Swiggy delivery boy," Datar said.The Court replied,"But this is a different time. Seniors are paying less and people are on 20% of their salaries. It is a difficult time.".The Court was told by Senior Advocate Mihir Joshi that Oza has tendered an unconditional apology in relation to both - the contempt proceedings, as well as the case concerning the Full Court of the High Court deciding to withdraw his senior designation. At this stage, Justice Kaul remarked,."The Gujarat High Court has a lot of heritage. The Bar can always point out issues with the Bench. But the language needs to be looked at and the difference of opinion should not be stated in such language."Justice Sanjay Kishan Kaul.Oza then said,."I have apologized before the Court in both contempt proceedings and Full Court hearing. Please accept it here too... I had used completely intemperate language."Yatin Oza.Senior Advocates Dushyant Dave and Shekhar Naphade also supported Oza, with the former requesting the Court to not let his career get ruined..In a heartfelt exchange, the Court said that these are difficult times when many people facing the heat of the situation, but it is on the senior members of the Bar to inspire the younger generations.."If you, the Bar, do not respect the institution then how will youngsters respect it? They are going through far more difficult times now."Justice Sanjay Kishan Kaul.Justice Kaul also told Oza that he needs to be more careful with what he says. Naphade, coming to Oza's defence, submitted before the Court that Oza did not have any personal or vested interest and was moved by the plight of the people..Oza said that the withdrawal of his senior designation was enough punishment for him. He expressed extreme regret over using the contentious words which led to these developments. He yet again assured the Court that he would tender an unconditional apology before the High Court as well..In light of the same, the Supreme Court deferred the hearing in the case by two weeks and said that it would take it up for final disposal thereafter. The Apex Court said that it hopes that the High Court will take note of Oza's unconditional apology and close the case..Oza had moved the Supreme Court challenging the Gujarat High Court's decision to withdraw the Senior Advocate designation earlier conferred on him. Oza challenged this as being violative of Articles 14, 10(1)(g), and 21 of the Constitution of India..GHCAA President Yatin Oza moves SC challenging Gujarat HC decision to withdraw his Senior Advocate Designation.The decision to withdraw Oza's Senior Advocate designation was taken last month. The development followed a Gujarat High Court order initiating 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".In his plea before the Supreme Court, Oza has submitted,."I have expressed my unconditional regret for some emotional utterances, and reiterate it, but I do believe that my conduct does not warrant withdrawal of my designation as Senior Advocate particularly since it is not in any manner relating to or connected with the discharge of my professional duties and which would in any case be extremely disproportionate.".He adds that, "there was no reason to proceed with the Full Court (Chamber) proceedings when the Contempt Proceedings were pending on the self-same subject matter.".As for his remarks against the Court's registry, Oza has submitted that it was not his intention to scandalise or lower the authority of the Court in any manner..It is added that while Oza honestly believes that criticism of the functioning of the Registry may not amount to scandalizing the Court, in retrospect he realises that "that the mode and manner of voicing grievances was unwarranted." On this note, the petitioner has also expressed his unconditional apologies..Oza has also assailed the Constitutionality of Rule 26 of the High Court of Gujarat Senior Designation Rules, 2018, which is contended to be ultra vires to Articles 14 and 19 of the Constitution..Rule 26 empowers a Full Court of the High Court to divest an advocate of his Senior Advocate designation if he is found "guilty of conduct" which the Court feels disentitles the advocate to continue being worthy of the Senior Advocate designation..Read Order: