'Dragged Court To Toilet, Lowered Majesty': Gujarat High Court Orders Community Service For Man Who Appeared On VC From Washroom

The Gujarat High Court on Tuesday (July 22) directed a man, who was captured seated on a toilet seat during online proceedings last month, to do community service for 15 days.

Noting that he had already deposited Rs 1 Lakh with the court's registry, in view of his unconditional apology and willingness to undertake community service, the Court closed the contempt action initiated suo moto.

During the hearing a division bench of Justice A.S. Supehia and Justice R.T. Vachhani orally remarked that his actions, though inadvertent, had lowered the majesty and sanctity of the court.

"The offending act committed by contemnor though inadvertently, is of such a high degree that it cannot be ignored...we are of the opinion that proof of mens rea is excluded by such conduct. No defence is available to contemnor that such nature of the act which lowers majesty of the court only for reason that he had no mens rea to commit the act," it had said.

Senior advocate Shalin Mehta appearing for the high court submitted that a report has been filed detailing the suggesting re-introduction of the waiting room for online proceedings wherein participants shall wait and would only be able to join when their matter is called out, so that no direct access is given. He submitted that the suggestion is pending before the full court.

The court at this stage orally remarked, 

"I view it in the sense that because of this action the court proceedings, the court is dragged to a place, where we look at his conduct in a washroom...The sanctity of court, the majesty of court is absolutely obliterated...by taking the instrument and going to a toilet the institution is dragged into that area. That is very serious". 

Mehta while agreeing with the court said that it has to be a proper room where one is seated. 

He further said, "Because of mobiles, everyone is aware of what you are doing. Anyone would know you can't use this in a toilet". 

The court was also told that the contemnor had further submitted an unconditional apology. With respect to the punishment, the contemnor's counsel said that he agrees that the conduct should not have been done, however he requested the court not to impose punishment looking at the contemnor's condition. 

Mehta submitted that it is criminal contempt, but that doesn't mean that apology cant be accepted and it is for the court to decide on imposition of punishment. 

The Court finally while dictating its order, ordered the man to do community service by attending the mentally challenged persons of Mamta Mansik Swasthya Kendra Surat for a period of 15 days.

The court in its order noted that the contemnor had unconditionally apologised for his conduct, however, "the offending act committed by contemnor though inadvertently, is of such a high degree that it cannot be ignored". 

"…we are of the opinion that proof of mens rea is excluded by such conduct. No defence is available to contemnor that such nature of the act which lowers majesty of the court only for reason that he had no mens rea to commit the act...however since contemnor has deposited Rs 1 Lakh as directed, in view of his unconditional apology and willingness to undertake community service we close the contempt proceeding," it said in its order. 

The Court further directed Advocates to advise their clients to present themselves in appropriate manner and display decent behaviour. "...and also not to present themselves from any public places but from their offices...bar should tell their clients to present themselves from any decent/suitable place which does not in any manner impinge on decorum of court proceedings," it added.

Case Title: Suo Motu vs Samad Abdul Rehman Shah

Case Number: Cr.MA No. 12821 of 2025