The Gujarat High Court on Wednesday sentenced advocate Yatin Oza to its custody until “rising of the court” and in addition imposed a positive of Rs 2,000 on him for felony contempt over his comment calling the courtroom a “gambling den”.
After announcing the sentence, the courtroom stayed its order for 60 days in order that Oza might file an enchantment in opposition to the order underneath Section 19 of the Contempt of Courts Act. Oza, who’s the president of the Gujarat High Court Advocates” Association (GHCAA), was held responsible by the excessive courtroom on Tuesday after it took up the matter suo motu (by itself).
A division bench of Justices Sonia Gokani and Justice NV Anjaria on Wednesday awarded Oza a sentence of custody “till rising of the court” and Rs 2,000 positive, failing which he should endure two-month imprisonment, stated advocate Nisha Thakore, who appeared on behalf of the HC within the case.
“The court said even at this stage it does not accept the unconditional apology that the respondent contemner had tendered in the past, and awarded him nominal sentence,” she stated.
The courtroom additionally heard arguments of each side on the matter of keep of the sentence underneath related part of the Contempt of the Court Act.
“The court stayed its order for 60 days so that he could file an appeal against the order,” she stated.
The HC had initiated suo motu felony contempt proceedings in opposition to Oza for calling it a “gambling den,” and an establishment “which caters only to the litigants with means and money power, smugglers and those who are traitors”.
The courtroom had known as his remarks “extremely unfortunate and absolutely unpalatable.”
On Tuesday, the courtroom had held Oza responsible of felony contempt of the courtroom.
“In view of the discussion above, this court in exercise of powers conferred upon it under Article 215 of the Constitution of India and section 15 of the Contempt of Courts Act, 1971, holds the respondent contemner guilty of committing criminal contempt of this court within the meaning of section 2(c)(i) of the Contempt of Courts Act, 1971,” the HC stated.
The courtroom had refused to simply accept the “unconditional apology” of Oza, who was additionally stripped of his designation as a senior advocate for the comment made in opposition to the courtroom in a press convention held on Facebook Live on June 6.
The Supreme Court on June 16 refused to entertain his plea in opposition to the contempt proceedings, saying he ought to return to the excessive courtroom.
The full courtroom of the Gujarat HC had additionally not too long ago rejected his apology made with the request to re-confer him his designation as senior advocate that he was stripped of over his contemptuous remarks.
The full courtroom had recalled its order conferring designation of senior advocate to Oza after paying attention to his alleged remarks.
Initiating suo motu felony contempt proceedings in opposition to Oza, the courtroom stated he made “false and contemptuous allegations of corruption, malpractices against the administration of the High Court”.
Oza known as the HC a gambline den to unfold sensationalism, the courtroom noticed on June9 whereas slapping him with the discover underneath Sections 2(c) and 15 of the Contempt of Courts Act for felony contempt.
It had stated such “remarks appear to have been made without any substantive basis and without any intent to know the truth as also without approaching the honourable Chief Justice for any inquiry as the head of the institution…”
His “scandalous expressions and indiscriminate as well as baseless utterances” has tried to trigger “serious damage to the prestige and majesty of the High Court,” it stated.