Gujarat HC Advocates Association seeks contempt against BJP leader over ‘attack’ on judiciary

The Gujarat High Court Advocates' Association (GHCAA) has decided to pursue contempt proceedings against Surat BJP office-bearer Mukesh Gujarati. They claim he orchestrated a "meticulously planned and premeditated assault" on the judiciary, and called on the Chief Justice of India to take action. This decision came after members pointed out Facebook and Instagram posts allegedly penned by Gujarati on August 16.

The GHCAA's statement, dated August 18, called these posts "not only offensive" but also a serious blow to the institution's dignity and a direct assault on the judiciary. The controversy stems from the court's August 14 proceedings, where a Division Bench, comprising Chief Justice Sunita Agarwal and Justice D N Ray, ordered the Gujarat government to transfer a senior IPS-rank officer allegedly caught on video abusing and humiliating accused individuals.

The case originated from a July 14 complaint by advocate Utkarsh Dave seeking judicial review of videos showing Surat DCP Rajdeepsinh Nakum, along with police personnel, parading handcuffed suspects and physically assaulting them. The GHCAA contends that the posts constituted a "systematically devised and prearranged attack on the judiciary" aimed at exerting pressure on it to bend to the executive's will.

They also objected to the posts attempting to inject a communal element into the judicial proceedings. The Association has called on all Bar Associations across Gujarat representing courts and tribunals to issue resolutions denouncing the posts. They have also asked the BJP's national president to immediately suspend Gujarati if the organization is committed to protecting the "integrity and decorum of the judiciary".

GHCAA President Senior Advocate Yatin Oza said the GHCAA is worried about repeated attacks on the judiciary when judicial orders are unfavorable to an organization. This issue is not isolated to Gujarat, according to Oza, and the Association has authorized him to seek the appointment of the Chief Justice of India in this matter.

An advocate member of the Association will also approach the Chief Justice of Gujarat during the upcoming hearing of the suo motu petition. The GHCAA further resolved to seek an apology from Gujarati in newspapers and on Facebook and Instagram. Other issues addressed at the August 17 meeting included the GHCAA's concern over an FIR lodged against criminal advocate Hitesh Gupta and his wife, as well as an unnamed junior advocate in Sankheda police station.

The Association expressed concern for the independence and dignity of the profession, but clarified that their intervention was not meant to interfere with any lawful investigation or judicial proceeding or pass judgment on guilt or innocence. They authorized their office-bearers to make representations to authorities and take lawful steps to safeguard advocates' professional rights.

The meeting also addressed the issue of judicial vacancies. The GHCAA urged the Chief Justice to fill all 19 vacancies of High Court judges as soon as possible. The resolution noted that more than a third of the sanctioned vacancies remained unfilled, and courts were handling a heavy workload, with over 600 matters in some courts being prioritized each day.