CJI Gavai, Rakesh Kishore
New Delhi: Supreme Court has expressed reluctance to accede to requests from SC Bar Association president Vikas Singh and solicitor general (SG) Tushar Mehta to initiate criminal contempt proceedings against advocate Rakesh Kishore for attempting to hurl a shoe at CJI B R Gavai, and restrain social media from glorifying the incident.Though the attorney general has granted consent to initiating contempt actions, as is statutorily required, a bench of Justices Surya Kant and Joymalya Bagchi Thursday appeared to be wary of the possibility of contempt proceedings providing fresh fodder to those justifying his action.The mentioning was jointly made by Vikas Singh and other SCBA office bearers along with Mehta, who informed the bench that as per the requirement under Contempt of Courts Act, 1971, AG R Venkataramani has granted consent for initiation of contempt proceedings against Kishore for his act, which grossly undermined institutional dignity and interfered with administration of justice.Singh said Kishore is being projected as a hero in a section of social media, which may encourage others to indulge in such reprehensible acts. The SG said SC must consider passing a John Doe order restraining all social media channels from glorifying the incident.Justice Kant said, “There will be multiple problems. SC as an institution has over the decades zealously protected the right to free speech. But we are also of the view that the right to free speech cannot be at the cost of the dignity and reputation of others. How to deal with these competing issues is the question. A John Doe order will trigger the next wave of derogatory comments.”Justices Kant and Bagchi said the CJI had magnanimously ignored the incident and appealed to everyone to follow suit. “The institution never gets affected by such incidents. It is our acts and behaviour which determine our dignity and respect. It is in that spirit that the CJI had brushed aside the incident as an irresponsible act of a citizen.”An unrepentant Kishore had claimed he had hurled the shoe to protest CJI’s alleged remarks on the decapitated Vishnu idol at Khajuraho.The bench, on repeated pleas to initiate contempt proceedings, said, “Our request to you is to consider whether taking up the contempt plea would give fresh winds to intensify the contemptuous chirping in social media. Moreover, when we are already burdened with a heavy caseload, should we waste judicial time on such issues?”Mehta said the algorithm of social media is such that an incident like the present one gets amplified to monetise the content for the maker. Justice Bagchi said, “The algorithm is so programmed that the contents which appeal to the baser instincts of people go viral. Mere mentioning for initiation of contempt proceedings would go viral and monetise the makers. Let it die its natural death.”Justice Kant said, “The incident is to be treated with the contempt it deserves.”
