Gujarat High Court Closes Contempt Case Against Senior Advocate For Appearing On VC With Beer Mug, Says Act Was An 'Error'

The Gujarat High Court on Tuesday (July 22) closed the suo motu contempt proceedings initiated against senior advocate Bhaskar Tanna for appearing on VC while drinking from a beer mug.

A division bench of Justice AS Supehia and Justice RT Vachchani in its order dictated:

"From the report prepared by Registry and on overall appreciation of facts and reading of affidavit of unconditional apology we find that contemptuous act was committed through an error and Shri Tanna had no intention to wilfully lower down majesty of this court. We accept the unconditional apology tendered by Shri Tanna. Ld senior advocate Mr Tanna has assured that such an error shall not be committed in future". 

The court further noted that the senior lawyer had filed an affidavit tendering unconditional apology and as per contents of the affidavit he had mentioned that he upholds majesty of the court and has 52 years practice before this institution.

On the previous date, the court had during the hearing orally said while it knows that the senior advocate did not have any intention behind such conduct but wondered whether lack of intention can erase the contemptous conduct.

For context, the incident in question took place before a Bench of Justice Sandeep Bhatt on June 26, and a video clip of the same was widely circulated thereafter.

During the hearing earlier today, Tanna submitted that he had made some suggestions. At this stage the court asked him regarding his contemptuous conduct. 

Tanna submitted, "I have unconditionally apologized...it was a pure technical error for few seconds. It was unintended...I came here immediately. If I was aware, do you think...anyone here thinks I'm doing it deliberately? It was a technical error I came at 2:30pm and unconditionally apologized...I have never committed breach of anything in all these years. Some times an error may take place".

The court however orally said, "It may be...but we are on the issue. Forget about live streaming. You cannot even imagine of this conduct in these proceedings...We are saying that yes it cannot be deliberate. But look at in converse. Suppose in life you are presenting before us. Can you imagine of doing such a thing? It cannot occur because it is not permissible...Do you realise impact of such an error? We agree that it is an error...Error has cost you also and institution also". 

Tanna submitted that he came to know about the incident the Monday after it had occurred and had unconditionally apologized before single judge. 

"Every case will fall on a different footing, therefore I am saying look at my conduct. I have highest regard for institution. Show me one error in 52 years? Such error takes place. I am giving an example, not defending. Dr Rajeev Dhawan was smoking a cigar and it was online. The court immediately said you are an older person this will harm you here as well as outside, don't do it," he said. 

The court at this stage orally said, "We have not said you have not done in deliberately. It was an error. But it is not as judges or lawyers or senior counsel. But we are here because of this institution. We are recognized because of this institution. We are slaves of this institution.So we have to be very careful. Not you only us also". 

Meanwhile Tanna thereafter said:

"With so many years of renderings services...today it is a blot. Therefore I say look at facts of each case. I can't be compared with that man...Therefore I would request that it should be put an end to, such errors happen....As the age grows reflections are not fast. And if it is not wilful...I'm not defending I cant. 

He submitted that he had submitted his unconditional apology to the court and submitted that he maybe pardoned.

Senior advocate Shalin Mehta appearing for the high court said that they shall have a look at the suggestions made by Tanna. Mehta further said that as per the high court live streaming rules (5j) anyone participating in proceedings will have to maintain utmost discipline.

Mehta said, "Unconditional apology is seen. We request the court to mention now, let this be as part of the order. So that even in the future...even anyone who are using this facility. This is for benefit of public at large. So don't keep glasses, don't keep food packets, my suggestions is that it can be observed in order than when the window (screen) is on the window should not show objectionable things...nothing should be there is my suggest. Just yourself, black and white, your band and your speech". 

Tanna said that he supports the suggestion. 

On July 1 while strongly condemning the act, the division bench had remarked that such behaviour was “outrageous and glaring", having wide and serious ramifications for the judicial system and the rule of law. Meanwhile later in the day, Tanna had appeared before the bench and had tendered his unconditional apology.