Summary
Exercising Article 142, the Court temporarily restored Yatin Narendra Oza’s senior-advocate designation for two years from 1 January 2022 as a final opportunity to demonstrate appropriate conduct. It found little ground to interfere with the Gujarat High Court’s withdrawal decision and accepted that no real fundamental-right infringement was shown. Continued or permanent restoration remained for the High Court to decide, and misconduct during the two-year period could lead to withdrawal of the indulgence.
Issues
- Whether the withdrawal of senior-advocate designation warranted interference or a limited opportunity for restoration on assurances of proper conduct.
Provisions considered
- Article 142, Constitution of IndiaThe Court used its power to do complete justice to grant a final, time-limited restoration subject to the High Court’s supervision. (¶¶ 11, 12)
Held
- The Court found little basis to interfere with the impugned withdrawal and acknowledged merit in the High Court’s submission that no real infringement of fundamental rights had occurred. It nevertheless granted an exceptional final opportunity through Article 142. (¶ 11)
- Designation was restored temporarily for two years beginning 1 January 2022. The High Court would assess conduct and decide whether to continue the designation temporarily or restore it permanently. Any infraction during that period could justify withdrawal of the indulgence. (¶ 12)
- The Court declined to inhibit the petitioner’s right to contest Bar Association elections; his offered undertaking not to contest was a matter for his own decision, rather than a condition imposed by the Court. (¶ 10)
Result
Writ petition disposed of with temporary restoration of senior-advocate designation for two years from 1 January 2022, subject to conduct and the High Court’s final assessment.