Gujarat High Court Fines Litigant for Attending Virtual Court Hearing From a Toilet Facility - 2025-07-22

Gujarat High Court Fines Litigant for Attending Virtual Court Hearing From a Toilet Facility

The High Court of Gujarat at Ahmedabad has taken a firm stance against breaches of judicial decorum during virtual proceedings. In a recent suo motu contempt case, the bench comprising Justice A.S. Supehia and Justice R.T. Vachhani addressed an incident where a litigant appeared for a court hearing via video conference while positioned in a restroom.

The Incident and Judicial Response

The respondent, Samad Abdul Rehman Shah, faced contempt proceedings for his conduct during a virtual hearing. The court characterized the act as "egregious," noting that such behavior undermined the sanctity of the judicial process. Despite the respondent’s claim of inadvertence and lack of mens rea , the High Court ruled that the physical context of the appearance significantly lowered the authority and majesty of the institution.

Arguments and Legal Standpoint

Counsel for the respondent tendered an unconditional apology, requesting a sympathetic view from the bench and noting the respondent’s realization of his mistake. However, the High Court held that the standard of mens rea —or proof of criminal intent—is often excluded when evaluating acts that inherently interfere with the administration of justice. The court emphasized that the nature of the act itself, rather than the internal intent of the actor, serves as the basis for a "criminal contempt" finding under Section 2 (c) of the Contempt of Courts Act .

Key Observations

The judgment highlighted the necessity of maintaining standard conduct during modern, technology-enabled legal processes:

• "The act, for which the present proceedings were registered, indubitably, is an act, which lowers the majesty and sanctity of this Court."
• "No defense is available to the contemnor to plead that such a nature of the act, which lowers down the majesty of the Court, can be ignored only for the reason that he had no intention or mens rea to commit such an act."
• "We further direct the lawyers to inform their clients in advance, to present themselves from a place having decent ambiance, which shall not impinge the dignity and decorum of the Court."

Court-Ordered Rectification and Future Directives

To balance justice with rehabilitation, the court closed the proceedings on the condition that the respondent pay a fine of ₹1,00,000, to be transferred to the Gujarat High Court Legal Services Committee. Additionally, the respondent must complete 15 days of community service at the ‘Mamta Mansik Swastha Kendra’ in Surat, providing two hours of service daily.

Recognizing the rise of "contumacious incidents" during live-streamed proceedings, the High Court issued broad directives to the legal community. Advocates are now required to instruct their clients to join virtual hearings only from locations with appropriate, professional surroundings. The court warned that failure to uphold discipline and decorum—specifically regarding roaming or moving with devices during hearings—will result in immediate contempt of court proceedings. These instructions have been ordered to be circulated to the Gujarat High Court Advocates Association and the Bar Council of Gujarat to ensure strict compliance across the legal fraternity.