The Supreme Court on Wednesday spared a senior lawyer from contempt proceedings after he apologised for his comment alleging political bias against two sitting Gujarat High Court judges.
Accepting the unconditional apology tendered by Yatin Narendra Oza, a senior advocate from Gujarat, the Bench of Justices Dipak Misra and C Nagappan dropped the contempt proceedings initiated against him by the Gujarat High Court. It even took a written undertaking restraining the senior lawyer from speaking to the media on the issue.
Oza had earned the ire of the judiciary over his two letters addressed to the Chief Justice of India-one in December 2015 and another in April 2016, leveling charges against two senior judges of Gujarat High Court-Justices MR Shah and KS Jhaveri of showing bias towards the Prime Minister’s Office and the BJP chief’s residence in Delhi. Justice Jhaveri was recently transferred to Rajasthan High Court while the recommendation for transfer of Justice Shah sent by the SC Collegium is still pending with the Centre.
The senior lawyer is an active player in the State’s political arena having once contested Assembly elections in the state against PM Narendra Modi in 2002. He was present in Court when the order was pronounced and was ably defended by top legal luminaries - Kapil Sibal and Abhishek Manu Singhvi. Although Oza earlier submitted an affidavit tendering unconditional apology, the complainant who filed the contempt petition against him showed his TV interviews on this subject.
Oza's lawyers filed a fresh affidavit by Wednesday afternoon where they undertook not to speak to media on this subject except in Court proceedings. Taking his apology to be "articulately sincere and honest", the bench decided to set aside the HC order initiating notice of contempt against Oza. Even the Gujarat HC Bar Association landed its weight behind Oza.