Can Lack Of Intention Wipe Out Conduct?: Gujarat High Court To Senior Advocate Seen With Beer Mug On VC

While hearing a suo motu contempt plea against senior advocate Bhaskar Tanna for appearing on VC while drinking from a beer mug, the Gujarat High Court on Monday (July 14) orally said that 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.

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

"Pursuant to our order dated July 1 the Registry has prepared the report. The report is placed on record. It reveals that the user log of the participant Shri Bhaskar Tanna shows that he joined meeting...on June 26, 2025 for total duration of 26 minutes. The report further mentions on viewing live streaming it can be seen that the participant is seen talking on phone and having a drink in a beer mug during the period from 01:59:14 and 02:07:48".

Senior advocate Shalin Mehta appearing for the high court requested for some time to file response in the matter. 

Tanna stated that he would also like to file his affidavit tendering his unconditional apology. He further submitted, "I'm not defending myself and I'm only pointing out so it can be taken care of. If control is with the lawyers this problem may arise. In my case is it was pure error. If control is kept with officer of the court our entry into the court wouldn't happen...Why I am saying, this error happens because control should not be given to us it should be kept with the court. And thats what Supreme Court does". 

The court noted Tanna's submission that he had no intention to appear in such a manner however due to his error in operating the system, has resulted into such live streaming and conduct on his part.

Mehta submitted that such system is being followed by Supreme Court and only when court permits the virtual appearance is permitted to advocates and litigants. Mehta however also said when your number comes the court master will unmute you and open your video but some times another problem arises, wherein he stated, that in a matter he was appearing he was never unmuted and video was also not switched on. 

The Court at this stage orally said, "We are only concerned with sanctity and majesty of court...we know as a senior advocate there would not be intention but whether lack of intention can also wipe out contemptous conduct that would be the issue".  

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. 

The matter is now listed on July 22.