Gujarat High Court Restores Senior Counsel Designation Of Advocate Yatin Oza For 2 Years

The Gujarat High Court, in its full-court meeting has resolved to restore the designation of Yatin Oza, as a senior advocate for a period of two years with effect from January 1, 2022.

This decision comes against the backdrop of the Judgment of the Supreme Court in Yatin Narendra Oza v. High Court of Gujarat LL 2021 SC 603, wherein it had opined that the ends of justice would be served by temporarily restoring his senior counsel designation for a period of two years from January 1, 2022.

It may be noted that last year, in July 2020, the HC had revoked the senior designation given to Oza recalling the Full Court decision of 1999 designating him as a Senior Advocate.

The cause of action was a Facebook live conference held by Oza in June, where he alleged that the HC registry was following corrupt practises and that undue favors were being shown to high-profile industrialists and smugglers.

Meanwhile, he moved the Supreme Court challenging the decision of the Gujarat HC, however, the Apex Court had deferred hearing in the petition filed by advocate Yatin Oza against Gujarat High Court's decision to strip him of his designation as a senior counsel.

Thereafter, in October 2020, a bench comprising Justices Sonia Gokani and N V Anjaria of Gujarat High Court had held him guilty in the criminal contempt case suo moto initiated by the High Court after Oza, the President of the Gujarat High Court Advocates Associations made public allegations of maladministration of justice within the HC.

"For the Judiciary to perform its duties and functions effectively and true to the spirit with which it is sacredly entrusted, the dignity and authority of the courts have to be respected and protected at all costs. The only weapon of protecting itself from the onslaught to the institution is the long hand of contempt of court left in the armoury of judicial repository which, when needed, can reach any neck howsoever high or far away it may be," the Gujarat High Court remarked while holding Advocate Yatin Oza liable for criminal contempt.

Further, in October 2021, the bench of Justices Sanjay Kishan Kaul and R. Subhash Reddy passed the order in the appeal filed by Mr. Oza challenging the decision of the Gujarat High Court to revoke his senior designation. 

In pursuance to this decision, the Gujarat High Court has now resolved to restore his senior counsel designation. Since the Apex Court had left it to the Gujarat High Court to make a decision in the matter, the High Court has now made a decision to temporarily restore his senior counsel designation.

It may be noted that in its order, the Apex Court had observed thus:

"It will be for the High Court to take a final call whether his behaviour is acceptable in which case the High Court can decide to continue with his designation temporarily or restore it permanently. Needless to say that if there is any infraction in the conduct of the petitioner within this period of two years, the High Court would be well within its rights to withdraw the indulgence which we have given for two years which in turn is predicated on the assurances given by the petitioner and his counsel for the immaculate behaviour without giving any cause to the High Court to find fault with his conduct. In effect, the fate of the petitioner is dependent on his appropriate conduct as a senior counsel before his own High Court, which will have the final say."

With the caveat that it is the High Court which will watch and can best decide how he behaves and conducts himself as a senior counsel "without any further opportunity", the Supreme Court had opined that the ends of justice would be served by temporarily restoring the designation of advocate Yatin Oza for a period of two years from January 1, 2022.

"In a way this can really be done by recourse to Article 142 of the Constitution of India as there is merit in the contention of the learned counsel for the High Court that there is no real infringement of the fundamental rights of the petitioner. The question is in what manner this last chance should be given? We are of the view that the ends of justice would be served by seeking to temporarily restore the designation of the petitioner for a period of two years from 1.1.2022", the Apex Court had said.

Read more about the Supreme Court's Judgment here: Supreme Court Temporarily Restores Senior Designation Of Yatin Oza For 2 Years

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