Gujarat HC slaps Rs 2,000 fine on advocates' association president for criminal contempt

The Gujarat High Court on Wednesday sentenced advocate Yatin Oza, who is also the president of Gujarat High Court Advocates' Association (GHCAA), with Rs 2,000 fine and punishment till rising of the court and two months of imprisonment in case of default of payment for criminal contempt of court. However, the court stayed the order following Oza's lawyer's request for challenging the order in Supreme Court.

The division bench of the high court of justice Sonia Gokani and justice N V Anjaria pronounced the sentence a day after holding Oza guilty of criminal contempt of court for his remarks that alleged the court running a "gambling den," among others. The court took suo motu cognisance of Oza's remarks uttered during a press conference.

On June 5, Oza had made these remarks during a Facebook live press conference. He had said, "The High Court is an absolute gambling den today, wherein only billionaires can gamble. If poor people gamble for five rupees at home, the police would arrest them. This is the situation of the High Court. High Court can file a contempt petition against me."

With the remark, Oza pointed that during the lockdown it was difficult to get petitions listed for hearing when lawyers or clients were not influential. Days later, the high court took suo motu cognisance of it and issued a criminal contempt notice.

After initiation of the proceedings, Oza had tendered an unconditional apology which was rejected by the court. While the petition was pending, a full-court decision stripped Oza off his "senior advocate" status.

While rejecting the apology, the division bench had said that a "clear and loud" message needed to be sent out that the judiciary is "open to every healthy criticism respecting the fundamental right of freedom of expression," but at the same time "attempts to tarnish its prestige will not be tolerated."