After ‘shoe attack’, CJI Gavai’s ‘what will be reported on social media’ comment

The consent of Attorney General R Venkataramani has been sought to initiate criminal contempt proceedings against lawyer Rakesh Kishore for attempting to throw a shoe at Chief Justice of India B R Gavai inside the courtroom on Monday (October 6).

Amid this row, CJI Gavai had a light-hearted exchange in the Supreme Court on Tuesday.

What CJI said on social media

While hearing a matter related to the lack of promotions for judicial officers by the Bench comprising CJI Gavai and Justice K Vinod Chandran, the CJI said in a lighter vein, “My learned brother had something to comment, I stopped him from expressing it, when we were hearing the Dheeraj Mor case. Otherwise, on this social media, we don’t know what will be reported. I requested my learned brother to restrict it only to my ears.”

Also read: ‘God made me do it, no regrets,' says lawyer who tried to throw shoe at CJI

The attack on CJI came after a Bench comprising CJI Gavai and Justice K Vinod Chandran dismissed a petition 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 Madhya Pradesh.

Terming the plea as a “publicity interest litigation”, the CJI said, “This is purely publicity interest litigation… Go and ask the deity himself to do something. If you are saying that you are a strong devotee of Lord Vishnu, then you pray and do some meditation.”

Also read: CJI Gavai on Vishnu idol controversy: 'I respect all religions'

“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,” he added.

Action sought against Kishore

Earlier, in a shocking security breach, Kishore (71) attempted to hurl a shoe towards the CJI and was heard shouting “Sanatan ka apman nahi sahenge” (will not tolerate insults to Sanatan Dharma).

The Bar Council of India promptly suspended Kumar's bar licence with immediate effect.

In a letter addressed to the attorney general, advocate Subhash Chandran K R sought his nod under Section 15 of the Contempt of Courts Act, 1971.

Also read: Attack on CJI draws all-round censure; Modi says it ‘angered every Indian’

Under the provision, either the high courts or the Supreme Court can initiate criminal contempt proceedings where they are personally aware of the contempt.

Action can be initiated by any other person with the consent of the advocate general in the high courts, while the nod of the attorney general and the solicitor general is needed if the same action is initiated in the top court.

‘Clear intention to scandalise’

The fresh plea said that Kishore’s act of attempting to hurl a shoe at the CJI’s dais and raising slogans inside the courtroom amounted to a “gross interference with the administration of justice” and a “deliberate attempt to undermine the dignity of the Supreme Court".

"The most contemptuous act of the contemnor diminishes the majesty and authority of the Hon’ble Supreme Court and defeats the Constitution of India,” it said.

The letter said even after the incident, Kishore made disparaging remarks against the chief justice in media interactions, showing no remorse and instead defending his actions.

He argued that such behaviour “reflects a clear intention to scandalise the court and erode public confidence in the judiciary”.