Yatin Oza writes scathing open letter to CJI Ranjan Gogoi

Senior Advocate and President of the Gujarat High Court Advocates’ Association (GHCAA), Yatin Oza has issued an open letter criticising the conduct of Chief Justice Ranjan Gogoi in handling the recent allegations of sexual harassment made against him (In Re: Matter Of Great Public Importance Touching Upon The Independence Of Judiciary)..The letter, written in Oza’s personal capacity, states,.“Keeping the question aside as to whether your Lordships could or could not have sat on the Bench and take up the matter on the judicial side on an issue which directly involves Your Lordships and the controversy centres around Your Lordship’s conduct, the following questions require serious answers, the nation would like to know.”.In this regard, Oza starts off by querying after the income returns of CJI’s Gogoi’s son and son-in-law, “which run into billions.”.“Can you please disclose, Sir, the return of the income of your Son and and son-in-law which runs into billions.”.The query was made in the backdrop of a statement made by Gogoi in open Court last Saturday that he was being attacked with false sexual harassment allegations as he was not succumbing to monetary influence. He had said,.“A bank balance of Rs. 6,80,000 is all I have. They cannot catch me on money. So they have brought this up.”.Oza, however, goes on to state,.“The return [of Gogoi’s son and son-in-law] would not reflect even ten percent of income if Your Lordships were not a Judge of the Supreme Court. I don’t think in the whole country, any Advocate would have reflected this figure of income in their return with such less number of years in practice. Not one, including any top-notch respected Senior Advocate of the Supreme Court as on date.”.Coming to the “Special Bench sitting” held last Saturday, hours following the publication of the reports regarding the alleged sexual assault, Oza has stated that it “clearly and unequivocally gave an impression to a man with prudence that you [Gogoi] abused the chair that you hold”..He has argued that the impression given was the “pious chair of the Chief Justice” was utilised to prove innocence in the case through the media. .Oza has also posed queries on factual aspects of the sexual harassment allegations. Inter alia, he has queried how the lady Court officer who has accused CJI Gogoi of the same was present at the occasion of his oath-taking ceremony on a personal invitation, rather than as an officer of the Court. Other concerns raised include how the lady officer’s brother was allowed back door entry into Supreme Court employment..Further, Oza also opines that the lady officer’s dismissal from service was disproportionate to her cited delinquency. He argues that it has already been laid down that the “economic death penalty i.e. dismissal”, and allied penalties can only be meted out to a delinquent officer for proved charges of moral turpitude. On the other hand, the lady officer, in this case, has been dismissed citing absenteeism..In this context, Oza has lamented,.“It is the misfortune of this country that every time when serious allegations are made against the people holding the high of highest constitutional office, the females/victims are always looked at with contemptuous eyes and the law which otherwise has been laid down to deal with this type of cases is being a complete go by.” .On the danger posed to the Independence of the Judiciary.“...when you said that the independence of the Judiciary is in danger, what did you mean?” Oza asks. “[Does that mean] you personally are in danger or the institution is in danger? And if the institution was in your mind was it on the Supreme Court or the institution as a whole?”.While concluding the special hearing, Gogoi had remarked,.“We are not passing any judicial order at this moment. We, however, ask media to show restraint, responsibility, and wisdom so that independence of the judiciary is not affected by baseless allegations“,.Oza, however, has registered his protest at the Court not emphasizing on this mandate of judicial independence when it came to the controversy surrounding the transfer of Justice AA Kureshi from Gujarat to the Bombay High Court last year..Whereas Justice Kureshi was expected to take over the role of Acting Chief Justice of the Gujarat High Court last year, he was abruptly transferred as a judge of the Bombay High Court instead. Many perceived this move as a form of punishment as Justice Qureshi had passed adverse rulings against leaders of the ruling dispensation..“Why [did] this [judicial independence] not occur to you, when knowingly and purposefully, under the mandate and dictum of the Government you victimised Justice Akil Kureshi? Was the above not the reason for you to succumb to will and wish of the Government?”.A substantial number of lawyers from the Gujarat Bar, including the GHCAA had registered strong protest against Justice Kureshi’s transfer. After the uproar that immediately followed, the Central Government also issued another notification intimating the appointment of Justice Kureshi as the Acting Chief Justice of the Gujarat High Court until he takes up office at the Bombay High Court..The protest was called off altogether following a personal meeting held by the GHCAA representatives and CJI Gogoi. Oza states in his letter that this was also in view of an assurance given at the time that Justice Kureshi would be appointed as Chief Justice of some other High Court..“[These] are not my words, it was you who had assured that this will be done by end of February 2019. The Bar was in the mood to fight on the issue, but on your one word and assurance, I called off the strike and suspended the agitation.”.However, in view of no such appointment being made, Oza points out that “…for the first time my Bar is doubting my words and carry a feeling of betrayal.”.The move had also left the Bar demoralised, states Oza’s letter..“You have no idea to what extent you have caused damage to the Gujarat High Court by doing so, which has resulted into a deep demoralizing impact in the minds of the Bar and the Bench. Judges are not afraid of the Government but they are afraid of you in as much as they believe that if we displease the Government, through you, the Government will punish them”.Oza also points to one other instance where he was informally informed that a judge of the Rajasthan High Court had been transferred to Allahabad at reduced seniority because he “did not oblige Vasundhara Raje Scindia”..Owing to the same, Oza states that the lawyers of the High Court opine that the transfer was made “under the dictum of the Government… which [is] actually humiliation and insult.”.The letter ends with the following appeal,.“Rest is up to you, Sir, but please to defend your personal cause don’t put jeopardy the institutional interest. By putting the vile of the institutional interest, you are doing a great disinterest to the institution to achieve your personal goal.”.Read Yatin Oza’s letter: