Gujrat High Court has committed Contempt of Supreme Court while taking suo motu cognizance against Sr. Adv. Yatin Oza

Wednesday, June 10, 2020

Gujrat High Court has committed Contempt of Supreme Court while taking suo motu cognizance against Sr. Adv. Yatin Oza

 


Adv. Nilesh Ojha
National President
Indian Bar Association


Indian Bar Association's National President Adv. Nilesh Ojha in a press release has strongly criticized the Gujarat High Court for initiating illegal Contempt proceedings against Sr. Adv. Yatin Oza, President of Gujrat High Court Bar Association.




It was stated that the judgement is ex-facie illegal on following main grounds :-
I)  Suo - moto cognizance not by Chief Justice and therefore vitiated as against rules laid down by Full Bench of Supreme Court in Bal Thackeray's case (2005) 1 SCC 254.
     

II) Reliance on per- incuriam judgment in Re : Vijay Kurle in SMCP (Cri) No. 02 of 2019 by observing that no one can attribute motive to the Judge which is against binding precedent of Constitution Bench of Seven Judges in Re : C.S.Karnan (2017) SCC, Subramanyam Swami (2014) SCC 






III) The order taking cognizance is itself suffered from inherent defect of Judge using his own documents without disclosing the source which is not permissible as per law laid down in Murat Lal 1917 SCC ONLINE Pat 1 , Subramanyam Swami (2014) SCC (para 6).
IV) Searching on internet and taking note of earlier contempt proceedings is highly illegal and reflect personal prejudice & bias on the part of Judge taking cognizance and therefore cognizance is vitiated, in view of law laid down by Constitution Bench in Baradkanta Mishra (1974) 1 SCC 374, Davinder Pal Singh Bhullar (2011) 14 SCC 770, Registrar of Supreme Court (2016) SASC 93, Benbrika vs. R (2010) 29 VR 593, 644.




V) Unilateral injunction like gag order is beyond the preview of Contempt Court as ruled in Tamilnad (2009) 2 SCC 784.


Mursalin A. Shaikh
Secretary
Supreme Court & High Court 
Litigants Association






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