After Gujarat High Court Initiates Suo Motu Contempt, Senior Advocate Seen With Beer Mug On VC Tenders 'Unconditional Apology'

After the Gujarat High Court initiated suo motu contempt on July 1 against senior advocate Bhaskar Tanna for appearing on VC while drinking from a beer mug, the senior lawyer tendered his unconditional apology before the court.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. Strongly condemning the act, a division bench of Justice AS Supehia and Justice RT Vachhani had remarked that such behaviour was “outrageous and glaring", having wide and serious ramifications for the judicial system and the rule of law.Later during the day, Tanna appeared before the division bench and tendered an unconditional apology submitting, “First of all, it wasn't done intentionally and I tender my apology and I came to know about the circulation of...and the order of the Court...I am unconditionally apologising and my request is whatever punishment you want to give, I will accept.”To this, the Court orally said, “Whatever you want to submit, you can submit it in the proceedings.”The Senior Counsel then requested, “Let it not be circulated in the newspaper etc. in the larger interest.” To this the court orally said, “We cannot. We cannot. We can't restrict anyone. The proceedings are in domain of the...”The Senior Counsel urged that the matter be put to an end. The bench however remarked that it can only be put to an end on the next date (when the contempt proceeding is listed) because the court had already signed an order and the suo motu contempt matter was already registered adding that he can submit his reply.The Senior Counsel said, “First of all, I want to settle Court's mind – A, I am fully responsible for that error, error happened because of technical glitch. I don't want to defend. I am guilty and I should be punished. But I must say that while I unconditionally apologise, there was no intent. If I am given one more minute to say, I will explain, why it happened. Instead of pressing going out of the Court button, I pressed another button and at that time my matter was not going on. I wanted to close it (virtual hearing) and instead of A (button) I pushed B and that is why it happened for 15 seconds. Now, it's my error, and, I must take a responsibility. Court may not carry an impression that I have done it intentionally. So, at the first available opportunity, I came here to say I apologise. I plead guilty. It is an error of 15 seconds. If it can be put to an end, I will be grateful”. At this stage the bench asked the Senior Counsel to tender his explanation in the contempt proceedings.The Senior Counsel then submitted, “I will do it. And, my Lords, I understand that in freedom of press, we can't stop anything but I only wish that this is what had happened actually for fifteen seconds while I was not arguing. Now, this error happens in our phone…”The Bench however asked him, “…Would you have done the same thing if you were present before this Court? Personally? No one would have done it. These proceedings on the contrary, the High Court has gone into a chamber and this is what you expect from the High Court that we won't do anything?”The senior counsel said that it was a "technical error" on his part to which the court said, "So, tender an (explanation), we will consider your explanation in your proceedings.”The Senior Counsel then said, “Very well, I will do it there but it is my duty...52 years, I have never deliberately done anything to see that the Court's dignity is disturbed.”To which the Court again remarked, “We will consider all your submissions in the proceeding. We are ready to consider your explanation provided it comes in writing”. Tanna submitted that he shall submit an explanation in writing and said that the matter be listed the next day. To this the court said that as per court rules, two weeks are to be given for listing as the proceedings have to be registered. Notably, the matter was shown to be listed in the bench's causelist for Friday (July 4), however when the matter was called it was stated to be "wrongly notified".

After Gujarat High Court Initiates Suo Motu Contempt, Senior Advocate Seen With Beer Mug On VC Tenders 'Unconditional Apology'

Lovina B Thakkar

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