NEW DELHI: Taking a dig at the compulsively pessimist section of the society, the Supreme Court on Thursday said if a person continuously spreads a message that everything is wrong with every institution in a democracy, then he would be abetting anarchy.
"If you say everything is wrong with every institution, then you are creating anarchy," said a bench of Justices Sanjay K Kaul and Hrishikesh Roy while dealing with a petition by advocate Yatin Oza seeking restoration of his senior advocate designation. Oza was stripped of the senior designation by an unanimous decision of the Gujarat HC objecting to his continuous contemptuous behaviour.
Gujarat HC Advocates Association President Oza had top lawyers - AM Singhvi, Arvind Datar and C A Sundaram - rallying in his support before the bench. While Oza said he had learnt his lesson and always had the highest respect for judiciary, the senior advocates said that the punishment of stripping a seasoned lawyer of decades of practice the senior designation was disproportionate to the misdemeanour. They said Oza has already been punished with a sentence till the rising of the court and the maximum fine of Rs 2,000 under Contempt of Court Act.
Justice Kaul-led bench agreed that the punishment must be proportionate to the crime. "We will consider the proportionality of punishment. But, the unanimous decision of the full court of Gujarat HC to strip him of senior designation indicates that something has really perturbed the judges. The full court did not take a lenient view despite some observations of the Supreme Court. This means they are really pained by your behaviour."
Justice Kaul said when a person of Oza's stature and experience says something unpalatable and contemptuous, it sets a bad example for the junior advocates. Singhvi said that though Oza had "stood on his hand and head" in tendering the apology, the HC said it was not genuine. Justice Kaul said, "apology is from the heart, not from the head."
To the renowned senior advocates arguing leniency and restoration of senior designation to Oza, the bench said, "All of you must be concerned about what is happening. You must be equally concerned about the institution. If you cast aspersions on the institution and cross the line by ascribing motive to the judges, then the litigants' faith in the judiciary is destroyed. It will create chaos in the society."
"We as Judges know that our judgments are opinions which are open to criticism. But in this case something more has happened. It all depends on the manner and tenor of the allegations. As long as motive is not attributed, we do not mind criticism," the bench said and agreed to explore viamedia in the complicated issue.
When Oza said he has already treated the institution with respect and that he has learnt a lesson, the Justice Kaul said, "Shabd ka jo baan hota hai, woh ek baar nikal jata hai toh wapas lena mushkil hai (it is difficult to take back hurtful words one it is blurted)." SC posted the matter for detailed hearing on December 8.
During the last hearing, a remorseful Oza had said, "I used absolutely intemperate language (in the press conference). I tender unconditional and unqualified apology. I seek forgiveness." Singhvi had said, "it is a matter of life and death for a senior advocate to be stripped of his hard earned designation."
Oza had said, "I was the youngest lawyer to be designated senior advocate by the HC at the age of 38 years. The number of days I have been without the senior advocate designation is enough punishment. I promise to the court, it will never ever happen." Oza was designated as senior advocate on October 25, 1999 and the HC on July 18 this year stripped him of the designation for his remarks about HC as a 'gambling den' among other contemptuous utterances.