"You Have Been Gifted With So Much Legal Acumen By God, Why Would You Lose Your Temper?" Justice Subash Reddy To Adv.Yatin Oza

Justice Reddy had been Chief Justice of the Gujarat High Court. 

Justice Reddy mentioned this during the hearing of petition filed by Oza against withdrawal of senior gown by Gujarat High Court.

"With folded hands, I say that never ever will this happen again. I would rather quit my practice than let this happen again", said Mr Oza

"You have argued so many matters, you have so much knowledge, why do you do this? It is said that when one has neither the facts nor the law on their side, it then when one resorts to this. But you have both the facts and the law on your side. So why do you do this?", asked Justice S. K. Kaul.

"You need to introspect...How can it be that when you become President, all objectivity is lost?", commented Justice Kaul.

During the course of the hearing, Mr. Oza himself had sought the permission of the bench to make a brief submission-

"Previously, at the outset itself, I had used an adjective against myself. Your Lordships are right that there has to be a connectivity between the tongue and the mind which got lost in my case. And not just once, but twice or thrice. I have understood, I have realised and I assure Your Lordships that there will be no next time. If there is, whatever action is deemed fit by the High Court may be taken. What happened last year was out of complete frustration. But I am not justifying it. Such language could not have been used. I have categorically stated that I have said nothing against the High Court judges. In fact these judges are working overtime to ensure justice to the people!"

"You have said that the High Court judges are corrupt. Then you say that you did not say anything", pointed out Justice Kaul.

"I have absolutely no excuse. What I did was unpardonable. I am obliged for Your Lordships' grace. I am short of words to express this ", pleaded Mr Oza.

Senior advocate Dushyant Dave had sought to intervene on behalf of Mr Oza, advancing that his reaction last year could be attributed to the extremely challenging times on account of the Covid pandemic, during which young lawyers suffered beyond imagination. He pointed out how even at the SCBA, some 500 lawyers had donated amount of Rs. 25,000 each and other senior colleagues had made generous contributions. "I, as the President, understand that it was an unimaginable situation and the plight of the young advocates was severe. I had lawyers sitting outside my house for four hours every day for money. As the leader of the bar, there was pressure on our head. I agree that Mr Oza could have handled things a little differently, but what he did must not be condemned like this"

"Those timings were difficult for all people, all professions. Of course, the youngsters had to suffer the most. That is why every time the government came at a belated stage in appeal to this court, I imposed costs which I required to be diverted to be Advocates Welfare Fund. There are no two ways about it that these were difficult times", conceded Justice Kaul

Senior counsel CA Sundaram, for the GHCAA, advanced, "The advocates themselves are appealing to Your Lordships to consider this case in context of the situation then, when the advocates were suffering greatly. The advocates wiere pleading with Mr Oza to help them out, to do something, they said 'You are the President'. The entire frustration of the bar reflected in what happened. Please suspend this order for six months to see his behaviour. Everything goes away then and it won't be a problem"

"Our suggestion is not very far away from your thought process ", Justice Kaul said.

"Even if Mr Oza were deaf and dumb, he cannot afford to be unmindful after what he has undergone in the last seven months. He will be told so in much harsher words by us… This is the 101st straw that broke the camel's back", advanced senior advocate AM Singhvi, also for Mr Oza.

"For 4 years (after the Supreme Court had extended caution to Mr Oza in 2016), nothing happened. He maintained a very cordial relationship. Chambers were built… Let this be the 101st instance. No more tolerance after this", urged senior advocate Arvind Datar