YATIN NARENDRA OZA Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) One more chance after the last chance. That appears to be what is sought to be urged on behalf of the petitioner, Mr. Yatin Narendra Oza - counsel with many years standing, President of the Bar Association of the High Court of Gujarat on many occasions, and an erstwhile designated Senior Advocate. The privilege of the Senior 's gown has been withdrawn unanimously by a Full Bench of the Gujarat High Court and that is what is sought to be assailed in the present petition under Article 32 of the Constitution of India.

(2.) This is not the petitioner 's first run in with the High Court or for that matter the Supreme Court. The problem appears to be that the petitioner does not seem to keep a balance between his role as a senior counsel and as President of the Bar Association and, thus, crosses the Lakshman Rekha repeatedly. In the written note filed on behalf of the Gujarat High Court (for short 'High Court '), it has been pointed out that he made certain utterances in 2006 against two named Judges, casting aspersions on their faith and their allegiance to the Constitution of India and the laws; claiming that they had instead mortgaged the same with the political powers that be at that time. This resulted in the issuance of a notice of contempt on 27.4.2006 and his role was commented upon in the earlier orders dated 30.8.2006 and 12.10.2006. Though they were finally expunged by this Court, seeking to give a long rope to the petitioner. The petitioner 's apology was accepted with an undertaking, which was reported in Yatin Narendra Oza v. Khemchand Rajaram Koshti and Ors.; 2016 15 SCC 236.

(3.) On 21.03.2020, the petitioner wrote a letter to the Hon 'ble Chief Justice of India making serious allegations against a senior-most Judge of the High Court in his capacity as President of the Bar Association. The petitioner then transgressed all limits by circulating the letter in the Bar Association 's WhatsApp group on 8.6.2020, three days after calling the High Court a "Gamblers Den ". The WhatsApp messages were circulated by holding a Press Conference 05.06.2020 ( "Press Conference "), thereby making allegations of impropriety against the Institution of the High Court itself.