CJI BR Gavai and Rakesh Kishore
NEW DELHI: Attorney General R Venkataramani has granted consent for the initiation of contempt proceedings against lawyer Rakesh Kishore, Solicitor General Tushar Mehta informed the Supreme Court on Thursday.Tushar Mehta and the Supreme Court Bar Association (SCBA) also sought the top court’s order to restrain social media from airing content on the shoe-throwing incident, saying it is “demeaning the institution”.
SCBA president Vikas Singh further urged the Supreme Court to hear a contempt case against lawyer Rakesh Kishore, saying “social media has gone berserk”.The bench comprising Justice Surya Kant and Justice Joymalya Bagchi however asked whether the issue should be raked up further, pointing out that the CJI himself has let off the incident. “Hon’ble CJI has been extremely magnanimous…that shows the institution is not affected by these kind of incidents,” Justice Kant was quoted as saying by Live Law.“But the way it is going on and on and the manner in which social media is giving traction to it is causing some damage to the institution,” Singh said. The SG called it a “gesture of majesty” by the Chief Justice not to take any action against the lawyer, but added that the way some people were “using social media to justify the incident” was troubling. “It is a matter of institutional integrity,” he said.Justice Soumen Sen Bagchi also voiced concern over the court’s time being drawn away from more pressing matters. “So many of you stand for hours to get matters heard and decided. See we have already spent five minutes on this. Perhaps we could have at least decided three issues, perhaps of persons who are in jail, where individuals are seeking to get reinstated or even the State is before us to assert some public cause,” he observed.Justice Sanjay Kumar Kant noted that taking action at this point would only fuel the controversy. “What my brother is pointing out is, the moment you take any action now, it will become episode No.2 for them. And for another one week, the entire incident will be revived.” Justice Bagchi remarked that for many social media accounts, the episode had become a “money-spinning venture.”Vikas Singh, however, pointed out that the lawyer concerned had not expressed any regret and continued to make statements glorifying his act. Justice Bagchi said the matter itself was giving more opportunity for social media accounts to monetise the incident.“The algorithms are so programmed so as to appeal to the baser instincts of individuals. When these sort of comments are made, and the number of hits are more, the algorithm is to promote such content. In these situations, Mr. Singh, we assure you, that even your mentioning is going to be monetised. Allow it to have a natural death,” Justice Bagchi said according to Live Law.
What happened in SC?
Kishore tried to attack CJI Gavai inside an SC courtroom, but alert security personnel restrained him the moment he removed his sports shoes in a bid to hurl them at the CJI.Gavai remained calm and composed and went ahead with court proceedings. “Don’t get distracted,” the CJI told lawyers.Kishore also shouted, “Sanatan ka apman nahi sahenge,” while being dragged away by security staff. Later, the Bar Council of India suspended his licence.Delhi Police said no complaint was received, and Kishore was released after verification.In his first reaction after trying to hurl a shoe towards Chief Justice of India (CJI) BR Gavai, suspended advocate Rakesh Kishore said he “didn’t regret” his actions and that his motive was guided by what CJI had said while dismissing the plea, which sought reconstruction of Lord Vishnu idol in Madhya Pradesh’s Khajuraho.
What was the case?
Terming it a “publicity interest litigation”, the Supreme Court last month dismissed a plea seeking directions to reconstruct and reinstall a seven-foot idol of Lord Vishnu at the Javari Temple, part of the UNESCO World Heritage Khajuraho temple complex in MP.A bench headed by Chief Justice B R Gavai and Justice K Vinod Chandran refused to entertain the plea filed by one Rakesh Dalal, who sought the replacement and consecration of the damaged idol at the Javari Temple in Chhatarpur district.”This is purely publicity interest litigation… Go and ask the deity himself to do something. If you are saying you are a strong devotee of Lord Vishnu, then you pray and do some meditation,” the CJI said.The petitioner’s counsel said the idol’s head was dilapidated & urged SC to intervene to allow its reconstruction.SC said the issue squarely fell under Archaeological Survey of India’s jurisdiction. “It’s an archaeological find, whether ASI would permit such a thing to be done or not… there are various issues,” CJI said.The CJI added, “In the meantime, if you are not averse to Shaivism, you can go and worship there… there is a very big linga of Shiva, one of the biggest in Khajuraho.”Gavai later clarified that he never made the comments attributed to him by social media. Go to Source
