Supreme Court: The 3-judge bench of SK Kaul, Aniruddha Bose and Krishna Murari, JJ has said that it would wait for the order of the Gujarat High Court before passing any orders in the issue relating to withdrawal of senior Designation of advocate Narendra Oza.
The Gujarat High Court had, on August 26, 2020, rejected the request for restoration of the gown of the senior counsel and had rejected the apology offered by Oza. The matter has been listed for further consideration September 17, 2020. Taking note of this fact, the bench said,
“On hearing learned counsels for the parties, we are of the view it would be appropriate that both aspects are taken together after the orders are pronounced in the contempt petition. List on 29th September, 2020, at the end of the Board.”
The Court gave liberty to the Oza’s counsel to serve a copy of the appeal, in case Oza is aggrieved by the orders in the contempt petition and of sentence, if any, on the counsel for the High Court and if the same is served well in advance, response to the same can be filed by the High Court.
The bench of SK Kaul and Ajay Rastogi, JJ had earlier, on August 6, 2020, said,
“Grievances may exist but can always be conveyed in a better language. Systems can be improved but imputations should not unnecessarily be made.”
Noticing that the contempt proceedings are still pending and in view of his unconditional apology both before the Full Court, the contempt proceedings and before the Supreme Court, the bench had considered it appropriate that the contempt court itself first applies its mind to the issue.
Oza, who is also the the President of the Gujarat High Court Advocates’ Association, was stripped off his Senior Advocate designation. This has been done after Advocate Oza had levelled charges of corruption against the registry of the Gujarat High Court. The Court cited Rule 26 of the High Court of Gujarat (Designation of Senior Advocates) Rules 2018, which states “In the event a Senior Advocate is found guilty of conduct which according to the Full Court disentitles the Senior Advocate concerned to be worthy of the designation, the Full Court may review its decision to designate the person concerned and recall the same”. Read more
[Yatin Narendra Oza v. High Court of Gujarat, 2020 SCC OnLine SC 724, order dated 09.09.2020]