The Gujarat High Court also fined lawyer Yatin Oza 2,000 rupees. (Representative)
Ahmedabad:
The Gujarat High Court on Wednesday sentenced lawyer Yatin Oza to custody until “the adjournment of the court” and also fined him 2,000 rupees for criminal contempt for his remark calling the court “game room”.
After sentencing, the court suspended its order for 60 days so that Oza could appeal the order under section 19 of the Contempt of Court Act. Oza, who is the chairman of the Gujarat High Court Lawyers Association (GHCAA), was convicted by the High Court on Tuesday after taking the suo motu case (on his own).
A division bench made up of Judges Sonia Gokani and Judge NV Anjaria on Wednesday sentenced Oza to custody “until the end of the court” and a fine of 2,000 rupees, otherwise he will have to suffer a two-month jail sentence, said lawyer Nisha Thakore, who appeared. on behalf of the CH in the case.
“The court said even at this point that it did not accept the unconditional apologies that the respondent contested in the past and awarded him a symbolic sentence,” she said.
The court also heard arguments from both parties on the issue of a stay of sentence under the relevant section of the Contempt of Court Act.
“The court suspended his order for 60 days so that he could appeal the order,” she said.
The HC had initiated proceedings for contempt of criminal suo motu against Oza for having described him as a “gambling den” and an institution “which is only intended for litigants with means and financial power, smugglers and those who are traitors “.
The court qualified his words as “extremely unfortunate and absolutely disagreeable”.
On Tuesday, the court found Oza guilty of criminal contempt of court.
“ In view of the above discussion, this tribunal, in exercising the powers conferred on it under section 215 of the Constitution of India and section 15 of the 1971 Act of contempt of court, finds the offending respondent guilty of committing criminal contempt of that court within the meaning of section 2 (c) (i) of the Contempt of Court Act 1971 ”, stated the SC.
The court refused to accept the “unconditional apologies” of Oza, who was also stripped of his appointment as lead counsel for the remark made against the court at a press conference on Facebook Live on the 6th. June.
On June 16, the Supreme Court refused to hear his plea against the contempt proceedings, saying he should return to the High Court.
The plenary court of Gujarat HC had also recently rejected his apology made with the request to reconfirm his appointment as senior lawyer from which he had been stripped for his contemptuous remarks.
The full court recalled its order conferring the appointment of lead lawyer on Oza after taking note of his allegations.
Launching suo motu contempt proceedings against Oza, the court said it had made “false and contemptuous allegations of corruption, embezzlement against the administration of the High Court”.
Oza called the HC a lair for spreading sensationalism, the court observed on June 9, slapping him with the notice under sections 2 (c) and 15 of the Criminal Contempt of Court Act.
He had said that such “remarks appeared to have been made without any substantial basis and without any intention of knowing the truth, as well as without approaching the Honorable Chief Justice for an investigation as the head of the institution …”
His “outrageous expressions and blind and baseless statements” attempted to do “serious damage to the prestige and majesty of the High Court,” he said.
