After a video of Senior Advocate Bhaskar Tanna sipping beer during a virtual Gujarat High Court hearing went viral, SCBA President Vikas Singh urged for strict virtual court rules and punishment for those violating them.
After a video went viral showing Senior Advocate Bhaskar Tanna sipping beer from a mug while attending a virtual hearing in the Gujarat High Court, Supreme Court Bar Association (SCBA) President and Senior Advocate Vikas Singh said that proper rules and guidelines must be made for virtual court hearings. He also said that strict action should be taken against anyone who breaks these rules.
The Gujarat High Court has initiated contempt proceedings against Tanna due to what it described as “outrageous and glaring” misconduct.
Singh expressed his concerns to media, stating that the time has come to reconsider whether virtual hearings, initially adopted during the COVID pandemic as a necessity, should continue to be used as a convenience for some lawyers to appear in multiple courts simultaneously.
Singh remarked,
“I am really upset that people are taking virtual hearings in a very casual manner, trivializing the whole proceeding, which is a solemn affair. Court hearings are not something that can be taken so lightly,”
He further suggested that there should be a protocol for virtual hearings, which should include specific rules such as prohibiting virtual backgrounds and requiring a proper office setting for appearances.
Singh stated,
“You can’t be doing a virtual hearing from a car or a park. There was also recently a case of a litigant sitting in a toilet seat and doing a virtual hearing, and this is all very upsetting. Every court, Supreme Court or High Court, should have a protocol in place for virtual hearings. There should be clear guidelines, and violation of those guidelines should result in some punitive action; otherwise, the way people are treating virtual hearings is becoming a joke…appearing in such a casual manner,”
Regarding the recording of virtual hearings, he added,
“As far as upholding a clip is concerned, that should also be part of a protocol because, according to me, if it is illegal to record, either you make it legal… if you make it legal, everybody should have an opportunity; if it is illegal, then recording or taking a screenshot and posting it online should be dealt with by the guideline, and it should be comprehensive.”
Singh continued,
“Virtual hearing came during the pandemic as a necessity, and no one has given a thought as to what procedure has to be followed. Virtual hearings should not become a matter of routine. We really need to rethink as to what was begun during the pandemic as a necessity, which should be allowed to continue as a luxury for some lawyers to make extra money by appearing in several courts at the same time, which otherwise would not have been possible … So a rethink is required as far as virtual hearing is concerned.”
Following the viral video of Bhaskar Tanna drinking beer during a virtual hearing, the Gujarat High Court has initiated suo motu contempt proceedings against him. A two-judge bench labeled Tanna’s behavior as outrageous, prohibiting him from appearing virtually before the court until further notice.
The court advised,
“Till further orders are passed, we restrict the appearance of Shri Bhaskar Tanna to appear through virtual mode before this bench. The registry shall apprise the honourable Chief Justice about the present order. In case the honourable chief justice permits, the present order shall be circulated to Principal Private Secretaries and Private Secretaries of other respective benches,”
The court remarked,
“Thus, the indecent act of Shri Bhaskar Tanna has very wide ramifications as it has travelled beyond the precincts of this prestigious institution. If the act which dents the glory and dignity of the institution is disregarded, it will be destructive to the rule of law and the institution will collapse.”
It also stated,
“Such an act indubitably affects the young lawyer as the bar takes the senior counsel as the role model and mentor. The demeanor of Shri Tanna indubitably defiles the privilege of senior counsel conferred upon him by this court. In our opinion, the designation of senior counsel conferred on him requires reconsideration.”
The High Court has directed its registry to register a suo motu contempt case against Tanna.
The court concluded,
“Registry is directed to prepare a report and place it before this court by the next date of hearing. The registry is directed to preserve the video. After the registration of the proceedings, the registry is directed to issue a notice to Shri Bhaskar Tanna. The matter shall be listed for further hearing after two weeks,”