“Final Act Of Forgiveness”: Supreme Court Keeps Yatin Oza’s Contempt Conviction In Abeyance Indefinitely

In Yatin Narendra Oza v. Suo Motu, High Court of Gujarat and Anr., the Supreme Court has indefinitely kept in abeyance the criminal contempt conviction and sentence imposed on Senior Advocate Yatin Oza by the Gujarat High Court in 2020. The Court described the relief as a “final act of forgiveness” while warning that any similar future conduct could revive the conviction.

A bench of Justices J.K. Maheshwari and Atul S. Chandurkar delivered the judgement while hearing Oza’s appeal against the Gujarat High Court’s contempt verdict linked to remarks made during the Covid-19 period regarding the functioning of the High Court administration.

The Supreme Court refused to interfere with the findings recorded by the Gujarat High Court. However, using its powers under Article 142 of the Constitution, the Court decided to suspend and keep the conviction and sentence in abeyance indefinitely.

The bench observed, “The reasons assigned in the impugned order by the High Court do not warrant any interference by this Court. Yet, extending a final act of forgiveness, we are inclined to exercise our plenary powers under Article 142 of the Constitution of India to suspend and keep in abeyance conviction as well as sentence of the appellant.”

The Court clarified that during the period in which the conviction remains in abeyance, Oza would not suffer any disqualification or disadvantage arising from the conviction. This includes any consequence under Section 16(4A) of the Advocates Act related to senior advocate designation.

At the same time, the Supreme Court directed the Full Court of the Gujarat High Court to review Oza’s conduct every two years. It stated that if he engages in similar misconduct again, the High Court would be free to seek revival and implementation of the earlier conviction and sentence.

The bench also asked the Gujarat High Court to independently reconsider issues arising from a 2024 incident involving Oza and the question of withdrawal of his senior designation, without being influenced by the present contempt conviction.

The Court made significant observations on the relationship between the Bar and the Bench. It said both institutions are “inextricably linked” and function as two essential wheels of the justice system. According to the bench, mutual respect and institutional discipline are necessary to maintain public confidence in the judiciary.

“It is imperative to reflect upon the foundational relationship between the Bar and the Bench. They are inextricably linked, serving as indispensable wheels in the chariot of justice,” the Court observed.

The bench further stressed that accountability should be balanced with restraint and reform. It stated that judicial authority should not be used for “punitive destruction” and that institutional dignity is better preserved through corrective guidance and measured action.

The contempt proceedings against Oza originated from statements made during a press conference in 2020 where he criticised the Gujarat High Court’s functioning during the pandemic. The High Court later held him guilty of criminal contempt, imposed a fine of Rs. 2,000 and sentenced him till the rising of the Court.