Conduct during live streaming that undermines court dignity constitutes criminal contempt under the Contempt of Courts Act, 1971.

ORDER :

(HASMUKH D. SUTHAR, J.)

1. During the course of hearing of present application, live streaming of the proceeding was going on and at that time one person was found smoking however, as his full identity was not revealed, vide order dated 11.03.2025 passed by this Court, Registry was directed to establish his identity pursuant to which the Registrar (SCMS & ICT), High Court of Gujarat has submitted report dated 12.03.2025 wherein it is stated that person seen smoking during live streaming is one Mr. Vishwabhai Jayantilalbhai Varsani, resident of High Street - A/702, Nr. Jade Blue, 150 Feet Ring Road, Rajkot. It is also stated in the report that matter being Criminal Misc. Application No.3290/2025 of said Mr. Vishwabhai Jayantilalbhai Varsani is pending and notified at Sr. No.8 in today’s Board of this Court. Perusing the said report it appears that the technical Team of the IT Cell has generated Zoom user Log from the Zoom Platform whcih is kept for the perusal of this Hon’ble Court. Going through the same, one “Vishwaraj Varsani” has logged into the Zoom meeting 5 times during the period from 12:41:07 PM to 01:12:31 PM, details of user log of which are as under:

Furthermore, the technical team has gone through the recording of the entire data base of live streaming for the entire day and collected the data and copied in the pen-drive with hash-key value and submitted before this Court.

2. Considering the said video footage of live streaming and upon verification and cross-checking about the identity of the said person, who was found smoking while having joined the proceeding of the Court through video conferencing, is established to be Mr. Vishwabhai Jayantilalbhai Varsani.

3. The act of smoking and his postures and gestures during the live streaming clearly showing no any deference. This Court having prima facie found that the posture and gesture of Mr. Vishwabhai Jayantilalbhai Varsani – alleged contemnor amounts to lowering down the authority and undermine the majesty and dignity of institution and dis repute to the Judiciary. Such conduct is nothing but a deliberate, conscious and intentional act on the part of the contemnor and in violation of the Gujarat High Court (Live Streaming of Court Proceedings) Rules, 2021. This act on the part of the contemnor constitutes criminal contempt within the meaning of Section 2(c) of the Contempt of Courts Act, 1971, in view of Rule 5(j) of the Gujarat High Court (Live Streaming of Court Proceedings) Rules, 2021, which reads as under:

“5(j) Anyone participating in the proceedings, whether in person or through video conferencing, will have to maintain utmost discipline and decorum for upholding the dignity and majesty of the Court. Any participant found to be misusing the access to the Court for undue publicity through live streaming facility, may be muted or removed from video conferencing session; or asked to leave the Court if participating in person. In such a situation, if required, the Presiding Judge may direct to stop the live streaming of the Court proceedings of the particular case for the day. Such an event will noted by the assisting ministerial personnel of the Court, in the Register as prescribed in ANNEXURE FORM I to these rules.

5(l) Violation of any of these provisions, will entail proceedings under the provisions of the Contempt of Courts Act, 1971 and applicable penal laws.”

4. In above view of the matter, this Court is constrained to draw contempt proceedings against the said individual and issue suo moto notice under Article 215 of the Constitution of India a