NEW DELHI: Handling the second such case in the history of judiciary, the Supreme Court on Tuesday agreed that stripping a lawyer of 'senior advocate' designation is akin to professional death warrant but struggled to find a middle path for redemption of Yatin Oza, whose senior gown was withdrawn by Gujarat High Court after his conviction in contempt of court case.
Renowned senior advocates - A M Singhvi, C A Sundaram, Arvind Datar and Dushyant Dave - put up a medley of persuasive tunes before a bench of Justices Sanjay Kishan Kaul and Hemant Gupta that ranged from Oza's unqualified apology, his solemn promise never ever to repeat the festering contumacious conduct and lastly about his family lineage.
Singhvi's made a valiant attempt to save the Gujarat High Court Advocates Association office bearer was a mix of apology, a veiled reasoning for Oza's doings even though he too admitted it was not a justification, and finally an emotive appeal to the SC to put Oza on leash for returning him the hard-earned 'senior advocate' designation. "Oza is without the senior gown for the last seven months. A child is born after nine months. Allow him to wear his senior gown again after nine months, of which he has already suffered seven months," he said.
Justice Kaul-led bench said, "If this was the first episode, we would agree with you. Problem is that he has done it repeatedly. If a leader of the bar behaves in this manner, what does he teach the juniors? All of us commit mistakes. But, we correct ourselves. But, he kept repeating the mistakes. That is why the HC took the drastic step."
The bench said it also did not believe in drastic measure philosophy but wanted to know what should be the nature of order that could be passed by the court to keep Oza restrained from repeating his contumacious conduct in future. Appearing for the HC, advocate Nikhil Goel said that it was the contemptuous repetition of contumacious charges against the HC that had forced initiation of the contempt proceedings and the withdrawal of senior advocate designation. "He can apply again if he wants the senior designation back," he said.
Dave said Oza has gone through a lot and has rightly suffered the punishment. He went on to extoll his lineage and requested the SC to adopt a largehearted approach. "Considering his past and family he comes from... His father N R Oza was a tall figure, very principled person with tremendous knowledge that commanded high respect, as a last chance the court can give him back his senior designation. Put him to any condition. He will not repeat his views in future."
Justice Kaul-led bench said, "We believe that there is always a possibility of redemption. Think of some via media path. We can give him back his senior gown as an interim measure and watch his conduct. We are just giving an idea of the middle path. Please consider this." It asked the HC to consider the proposal and adjourned hearing to March 10.
In 2008, the Delhi HC had convicted senior advocate R K Anand for contempt of court for trying to change the course of justice in the infamous BMW hit-and-run case to help accused Sanjeev Nadna, who came from a rich family and had mowed down six persons while driving under the influence of alcohol. The HC had stripped Anand of his 'senior' designation.
The SC had upheld the decision and said, "it needs to be made clear that the occasion to take recourse to the extreme step of debarring an advocate from appearing in court should arise very rarely and only as a measure of last resort in cases where the wrongdoer advocate does not at all appear to be genuinely contrite and remorseful for his act/conduct, but on the contrary shows a tendency to repeat or perpetuate the wrong act(s)."