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SC accepts apology,exonerates Sr advocate for unwanted remarks

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Press Trust of India New Delhi
Last Updated : Aug 31 2016 | 7:02 PM IST
Supreme Court today exonerated a senior advocate from contempt proceedings after he tendered an unconditional appology for making some remarks against two Gujarat High Court judges and gave an undertaking that he would not make such allegations in public.
A bench of Justices Dipak Misra and C Nagappan accepted the unconditional apology and undertaking, considering them to be "articulately sincere", and exonerated him saying "all is well that ends well".
"We accept the apology which is repentant and his regret is sincere. We treat the apology by Yatin Narendra Oza to be articulately sincere and exonerate him," the bench said.
Senior advocates Kapil Sibal and A M Singhvi, appearing for senior counsel Yatin Narendra Oza who had recently written letters to Chief Justice T S Thakur criticising the two Gujarat High Court judges, said no useful purpose will be served by pursuing the matter and "keeping the pot boiling".
"We are ready to tender a freash unconditional apology. We have already filed an affidavit on August 25 in which I (Oza) have tendered an unconditional apology with respect to the last paragraph to the judges of the Gujarat High Court and this court. My expression might perhaps have been inarticulately worded," Sibal said while reading from the affidavit.
He said "if I have inadvertently used language not befitting the institution, I tender my unconditional apology."

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Senior advocate Harin Raval appearing for petitioner Khemchand Rajaram Koshti, on whose plea contempt proceedings were initiated against Oza, said there was contempt case against him before also.
"It can't be a case where you make certain allegation and later tender an unconditional apology. He (Oza) had filed an affidavit saying he will not make such remarks in future. What is the sanctity of that undertaking," Raval said, adding that Oza had given a television interviews reiterating his allegations against the two high court judges.
Senior advocate K K Venugopal, appearing for the Gujarat
High Court Advocates Association, supported Oza and said that his apology was sincere and the Bar Association would like to put the controversy to rest.
"The controversy should be put at rest. The Bar Association feels that the apology is sincere and honest and the matter should be closed," Venugopal said.
The bench then asked Sibal and Singhvi to tender a fresh unconditional apology and give an undertaking that he will not speak on the issue in public except in court of law. Oza agreed to the same.
Later in the day, Oza submitted a fresh unconditional apology and gave the undertaking that he will not speak on the issue in media.
Earlier, a contempt petition was filed by Koshti and others against Oza, a designated senior advocate by the Gujarat High Court, for his remarks against the judges.
A notice was issued by the High Court which was challenged by Oza, who is also a former MLA, at the apex court leading to the stay in contempt proceedings.

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First Published: Aug 31 2016 | 7:02 PM IST

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