In a significant observation, the Supreme Court on Thursday proposed allowing the unfortunate incident involving an advocate’s attempt to throw a shoe at Chief Justice of India (CJI) Bhushan R. Gavai to ‘die a natural death’. The bench, comprising justices Surya Kant and Joymalya Bagchi, expressed concern that prolonged discussion on social media or by ‘publicity-hungry’ individuals could further inflate the matter. While acknowledging the gravity of the act, which is seen as an affront to institutional integrity, the court agreed to examine the possibility of initiating contempt proceedings against the 71-year-old lawyer, Rakesh Kishore, after the Diwali break.
The suggestion to let the incident fade came as senior advocate Vikas Singh, representing the Supreme Court Bar Association (SCBA), highlighted how social media platforms were continuously circulating the episode, thus giving it undue traction. The bench acknowledged the need to uphold freedom of speech but stressed that this should not come at the expense of the institution’s dignity. “Let it die a natural death. Let it meet its fate with the contempt it deserves,” the court remarked, cautioning against actions that might merely amplify the incident and fuel a cycle of social media attention.
Solicitor General Tushar Mehta supported the call for contempt proceedings, noting that the Attorney General had already given his consent. He emphasized that such acts impact the court’s institutional integrity and that social media’s role in popularizing them is a serious concern.
The court also noted the CJI’s personal magnanimity in wishing to move past the incident, highlighting his request to others to also ignore it. However, the bench also pointed out the risk of contempt proceedings inadvertently escalating the situation and feeding the online frenzy, suggesting that many online platforms are designed to monetize outrage.
Reflecting on maintaining institutional dignity, the court stated that respect is earned through conduct. The bench agreed to defer a decision on contempt proceedings for a week, intending to observe if the matter continues to dominate public discourse before making a final call.
Following the court’s observations, the SCBA formally filed a petition seeking contempt proceedings against Kishore. The petition also called for improved courtroom security protocols and swift action against disruptive behavior.
The incident occurred on October 6, when Kishore, who has since been suspended, attempted to hurl his shoe at the CJI’s bench. He was subsequently restrained and heard exclaiming against perceived insults to ‘Sanatan’. The CJI, unfazed, had resumed proceedings, stating it was a ‘forgotten chapter’ and declining to press charges.
Despite the CJI’s stance, several members of the Bar condemned the act as a serious affront. The Bar Council of India suspended Kishore’s license, and the SCBA revoked his membership. While the CJI initially expressed shock, he reiterated his wish to move on, though Justice Ujjal Bhuyan voiced concerns that such acts should not be dismissed lightly as they challenge the judiciary’s authority.
Kishore, meanwhile, has shown no remorse, attributing his actions to a ‘divine voice’ triggered by the CJI’s earlier remarks on a petition concerning a Lord Vishnu idol. The CJI had reportedly made remarks about asking the deity itself for intervention, which later led to public outcry and a clarification from him on respecting all religions.