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Contempt proceedings against Yatin Oza: Gujarat HC rejects intervention plea by Advocate Amit Panchal, but admits material produced by him.
The Gujarat High Court has dismissed an intervention application filed by Advocate Amit Manibhai Panchal in the matter of criminal contempt proceedings against GHCAA President Yatin Oza.
Advocate Panchal had requested for either of the two alternative assistance, an implement to the proceedings to ‘assist the Court’ or the material which he produced to be taken on record by the Court. The Bench comprising Justices Sonia Gokani and NV Anjaria dealt with the suo moto criminal contempt case initiated against Yatin Oza for certain derogatory comments assumed as contemptuous.
Advocate Panchal had further informed the bench that Oza publicized the details of a telephonic conversation with the Chief Justice of India in a High Court Advocates WhatsApp group. He also showed a letter which is said to be written by Oza that was on the record in another case filed by Panchal and it was pending before the High Court.
Advocate Panchal through his counsel Senior Advocate Mihir Thakore explained that he was approaching the Court in the capacity of an ‘informer.'
It was submitted before the bench that the High Court’s contempt jurisdiction under the Constitution and the Contempt of Courts Act allowed it to examine material from ‘any corner’. In this regard, he relied upon a recent judgment of the Apex Court in Vijay Kurle and Ors. and a previous decision, Om Prakash Jaiswal.
However, on the other hand, Oza’s Counsel, submitted before the bench that the intervenor had biased intentions in approaching the Court after Oza had submitted an unconditional apology for his comments.
Senior Advocates Mihir Joshi and Arvind Datar representing Oza raised objections over the move to bring on record the documents produced by Panchal.
Whereas Shalin Mehta, the amicus curiae, chosen by the Court, complied with the applicant’s submission that the Court was allowed to examine materials produced by any party.
Also, no party has a right to participate in a suo moto proceeding, he submitted. A contempt proceeding is substantially between the Court and a contemporary
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