The Supreme Court on Monday questioned whether it was appropriate to give “undue importance” to Rakesh Kishore, the lawyer who hurled a shoe at Chief Justice of India (CJI) BR Gavai, by initiating contempt proceedings against him.
Hearing arguments in the case, Justice Surya Kant remarked, “Such kind of persons have no stake in the system. Giving any undue importance to a person who does not deserve it… we will look at it with the same magnanimity that the CJI has shown.”
CJI Gavai Had Asked Officials to ‘Ignore’ the Incident
The bench referred to CJI Gavai’s earlier decision to not press any charges against Kishore, recalling that he had instructed court officials at the time to “just ignore” the episode.
A bench comprising Justices Surya Kant and Joymalya Bagchi said the Supreme Court was not inclined to pursue contempt proceedings, noting that doing so would unnecessarily prolong an incident that should fade away.
“Shouting slogans in court and hurling shoes are clear cases of contempt of court, but it all depends on the judge concerned under the law whether to proceed or not,” the bench observed.
‘Let the Incident Die Its Natural Death’
The court emphasised that issuing a contempt notice would only “give undue importance to the lawyer who hurled the shoe at the CJI and would increase the shelf life of the incident.” It added that the matter should be allowed to “die its own natural death.”
The bench was hearing a plea by the Supreme Court Bar Association (SCBA), which had sought contempt action against the 71-year-old advocate following the October 6 incident.
Bar Council Suspension and CJI’s Response
The Bar Council of India suspended Kishore’s licence with immediate effect after the shoe-throwing incident. Despite the disruption, CJI Gavai remained composed and continued with court proceedings, directing security personnel not to take any punitive action.
Court to Consider Preventive Guidelines
The apex court said it would examine the possibility of laying down preventive guidelines to avoid such episodes in the future. Solicitor General Tushar Mehta was asked to collect information on similar incidents reported in other courts.
Earlier, on October 16, the Supreme Court had warned that the right to speech and expression cannot come at the expense of others’ dignity and integrity, cautioning against the perils of “unregulated” social media and describing such disruptions as “money-spinning ventures.”
Legal Community Condemns Incident
The shoe-throwing episode drew widespread condemnation across the legal fraternity and beyond. Prime Minister Narendra Modi had reportedly spoken to the Chief Justice following the incident.
