Contempt notice issued against Yatin Oza over 'gambling den' remark

The Gujarat High Court has issued a criminal contempt notice to the president of Gujarat High Court Advocates' Association (GHCAA), Yatin Oza, for his remarks against the court and its administration for allegedly being "biased" and running a "gambling den that caters only to the litigants with means and money power." The court while issuing notice to Oza returnable on June 16, has ordered Oza to restrain from making "any scandalous remarks or holding an official meeting and passing any resolution or circulating any material or communicating directly or indirectly either himself or through others in relation to the subject matter of contempt."

Oza had made several serious allegations during a Facebook live press conference on June 5. The High Court has produced transcripts of Oza's comment in its order passed on Tuesday after taking suo motu cognisance of his remarks. In the transcript, Oza has been stated as saying, "High Court is an absolute gambling den today, wherein only billionaire can gamble. If poor people gamble for Rs 5 at home, the police would arrest them. This is the situation of the High Court. High Court can file a contempt petition against me."

Some of the allegations that Oza made has been reproduced in the court order which states, "corrupt practices being adopted by the registry of the High Court of Gujarat, undue favour is shown to high-profile industrialist and smugglers and traitors, the High Court functioning is for influential and rich people and their advocates, the billionaires walk away with an order from the High Court in two days whereas the poor and non VIPs need to suffer, if the litigants want to file any matter in the High Court person has to be either Mr Khambhata or the builder or the company..."

A division bench of the High Court of justices Sonia Gokani and N V Anjaria while issuing criminal contempt notice against Oza stated, "This suo motu contempt proceeding has been initiated by the court in wake of an extremely unfortunate and absolutely unpalatable event that took place in the midst of a pandemic of COVID-19 where accusing fingers have been raised against the High Court, High Court Administration and the Registry by irresponsible, sensational and intemperate delivery in an interview by the President of the Gujarat High Court Advocates’ Association, the Senior Advocate Yatin Oza in his capacity of the office bearer of GHCAA."

The order notes that Gujarat is one of the worst-affected states while Ahmedabad has the highest mortality rate in the state and that's the reason why following the announcement of lockdown, physical functioning of the court was halted and hearings commenced through video conferencing. It says, "Like every change in the system, this change was not finding favour at some quarters and while the genuine grievances were being examined on administrative side by the High Court, the president of the Bar Association behaved in the most reckless manner. He levelled false and contemptuous allegations of corruption, malpractices against the administration of the High Court."

The order states that from March 24 to June 8, the total numbers of matters filed in court including the civil applications were 5,039 and 3,147 were registered and 4057 are disposed of, "where the majority of them are of those who are having extremely meagre means. Without caring for the truth, riding on the wave of populism, he (Oza) appears to have crossed all limits by condemning recklessly the Institution," the order says.