The Gujarat High Court on Wednesday issued notices to Gujarat High Court Advocates’ Association (GHAA), its president senior lawyer Yatin Oza and the state government on a petition alleging contempt of court.
The court also stayed the secret voting, which took place Wednesday following a meeting to pass a resolution for post facto approval of two letters written by its president to the Chief Justice of India “requesting to implement its proposal of transferring a sitting a judge of the Gujarat high court”.
The petitioner, advocate K R Koshti, argued that the secret vote invited by the GHAA president involving transfer of a sitting judge amounts to contempt of court. The urgent hearing was held before the division bench of Justice S R Brahmbhatt and B N Karia, who granted stay on the vote while issuing notices till May 2.
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Oza has written two letters, in December and April, to the Chief Justice of India raising the issue of transfer of a judge. Oza had declared that a meeting of association would be held on April 26 for proposing a resolution for “post facto sanction of two letters addressed to the Chief Justice of India by its president (Oza).”
He has also claimed that Supreme Court collegium had proposed transfer of a judge but the “Prime Minister Office (PMO) is sitting on it”.
However, the proposal of Oza didn’t go down well among the GHAA members, including senior counsel I H Syed and Rahul Sharma, who openly opposed the move and were not in favour of secret voting either.
They raised their dissent saying that the move amounts to pressuring transfer of judges which is something association can’t do.