The Supreme Court on Monday kept in indefinite abeyance the criminal contempt conviction and sentence on Senior Advocate Yatin Oza by the Gujarat High Court in 2020, while cautioning that any future misconduct of a similar nature could lead to revival of the punishment.
The Bench of Justice JK Maheshwari and Justice Atul S Chandurkar delivered the verdict on Oza’s appeal against the Gujarat High Court order, which found him guilty of criminal contempt over public remarks made against the High Court administration during the Covid-19 pandemic.
While upholding the reasoning adopted by the High Court and finding no ground for interference, the Apex Court invoked its extraordinary powers under Article 142 of the Constitution to extend what it described as the ‘final’ opportunity for reform. It clarified that no disqualification or adverse consequence arising out of the conviction would operate against Oza during the period the conviction and sentence remain in abeyance. This included any disqualification under Section 16(4A) of the Advocates Act relating to the designation as a Senior Advocate.
At the same time, the Bench directed the Full Court of the Gujarat High Court to review Oza’s conduct every two years in light of the undertaking given by him before the Supreme Court. It further stated that if Oza indulged in a similar conduct again, the High Court would be free to seek revival and implementation of the earlier conviction and sentence.
The top court of the country further asked the High Court to independently reconsider the issue related to a 2024 incident involving Oza and the possible withdrawal of his Senior Advocate designation, without being influenced by the conviction in the present contempt proceedings.
Expressing hope that Oza would honour the undertaking given before the Court, the Bench said the indulgence shown to him should be treated as a final opportunity to mend his conduct. The judgment also contained extensive observations on the relationship between the Bar and the Bench, describing both as inseparable pillars of the justice delivery system.
The Bench emphasised that while the Bar acts as the fearless voice of litigants, the Bench remains the constitutional guardian responsible for interpreting laws, protecting rights, and ensuring impartial justice. The Court noted that misconduct by either institution weakens public confidence in the justice system.
According to the Court, indiscipline by lawyers hampers the functioning of courts, while a patient and fair judiciary enables advocates to discharge their professional duties fearlessly. It further underlined that accountability within the legal system must be balanced with restraint and opportunities for reform rather than punitive destruction.
The Court noted that teaching and correcting someone is better than just handing out harsh punishments. Ultimately, the legal system stays strong when there is mutual respect and a sense of shared responsibility.
The contempt proceedings against Oza arose from statements made during a 2020 press conference, in which he criticised the functioning of the Gujarat High Court during the Covid-19 period. The High Court subsequently found him guilty of criminal contempt and sentenced him till the rising of the Court, along with a fine of Rs 2,000.
While convicting him, the High Court had stressed that contempt jurisdiction was necessary to preserve the dignity and credibility of the judiciary. It had also revoked Oza’s Senior Advocate designation in July 2020.
The Supreme Court later restored the designation temporarily in 2021 for two years, beginning January 1, 2022, and the interim protection was extended earlier this year. During the hearing on April 7, when the judgment was reserved, Justice Maheshwari had remarked that the case would be examined from the perspective of institutional damage rather than individual grievance.
The High Court had opposed any leniency towards Oza, contending that repeated misconduct could not be overlooked merely on the basis of apologies tendered by him.
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