Katju said the role of a judge is to listen attentively in court, not to speak unnecessarily, and then deliver a decision they deem appropriate. Photo: X
Katju advises judges to 'talk less' in court after shoe-throwing attempt on CJI Gavai
Former SC judge Markandey Katju wrote that unwarranted remarks from judges, like CJI Gavai's in the Khajuraho temple case, invite incidents
Former Supreme Court judge Markandey Katju has advised judges to "talk less" in court, and not deliver sermons, homilies, and lectures.
In a sharply-worded article published on a news website, Katju stressed that judges should refrain from making "unnecessary" and "completely unwarranted" remarks, warning that such comments could provoke incidents like the recent attempt to throw a shoe at a judge.
Pointing out that even as he “condemned” the incident in which a 71-year-old lawyer Rakesh Kishore, allegedly tried to throw a shoe atChief Justice of India (CJI) BR Gavai, accusing him of disrespecting Hinduism, Katju said at the same time, judges need to refrain from making “inappropriate” comments.
Ill-tuned cymbal
Katju said he was “sad” to note that some judges have this habit of “talking too much” in court and sometimes on matters which have no relevance to the merits of the case being heard.
Katju went on to quote former Lord Chancellor of England, Sir Francis Bacon: “A much talking judge is like an ill-tuned cymbal” (Jo judge bohot bolta hai woh besura baaja jaisa hota hai).
"The role of a judge is to listen attentively in court, not to speak unnecessarily, and then deliver a decision they deem appropriate," said Katju.
Recalling his visit to a British courtroom, he described the experience as strikingly serene. He said there was near pin-drop silence and the judge listened quietly while the counsel spoke in a hushed tone.
"Only occasionally did the judge interject to seek clarification. Otherwise, he remained silent throughout. That, to me, is the ideal courtroom environment—marked by calm, dignity, and tranquility," he added.
'Ask Lord Vishnu to intervene'
The shoe-throwing incident purportedly stemmed from a petition rejected by a bench led by Justice BR Gavai. The petition had sought orders to reconstruct and reinstall a seven-foot idol of Lord Vishnu at the Javari temple, which forms part of the UNESCO World Heritage-listed Khajuraho temple complex in Madhya Pradesh.
Also read: Attack on CJI draws all-round censure; Modi says it ‘angered every Indian’
Describing the petition as a "publicity interest litigation," Chief Justice of India BR Gavai remarked, "This is purely for publicity... If you claim to be a devoted follower of Lord Vishnu, then seek guidance through prayer and meditation. Go ask the deity himself to intervene."
Katju slammed Gavai for telling the petitioner, “you are a staunch devotee of Vishnu. Go and ask the deity itself to do something. Go and pray ". Katju explained that such remarks were "totally unwarranted, inappropriate, and unnecessary", having no bearing on the legal issues involved in the case. In his article, Katju felt Gavai invited this shoe throwing incident with these remarks.
Further, Katju pointed out in a post on X, "What would happen if a judge hearing a petition regarding demolition of a mosque said " Let Allah or Prophet Mohammed restore it ? "
Shoe-throwing incident
In an unusual incident at the Supreme Court on October 6, a person attempted to throw a shoe at CJI BR Gavai during the morning session.
The man, who was heard shouting slogans, was quickly escorted out of the courtroom by security personnel.
The disruption briefly halted proceedings for a few minutes before the session resumed. According to lawyers present, he shouted, “Sanatan Dharam ka apmaan nahi sahega Hindustan” (“India will not tolerate disrespect towards Sanatan Dharma”) as he was being removed. While some witnesses claimed he attempted to throw a shoe, others said it looked like he was hurling a rolled-up piece of paper.
Despite the dramatic nature of the incident, CJI BR Gavai remained composed throughout the courtroom proceedings. He instructed court staff and security personnel to disregard the episode and allowed Kishore to leave with just a warning.
Also read: ‘God made me do it, no regrets,' says lawyer who tried to throw shoe at CJI
However, the Bar Council of India (BCI) took a sterner view, ordering Kishore's immediate suspension from legal practice. Preliminary findings suggested that he had allegedly taken off his sports shoes and attempted to throw them at the Chief Justice during a hearing in Court No. 1 of the Supreme Court.
Despite the disturbance, Chief Justice Gavai remained composed and continued with the day's proceedings. Asking the next lawyer to make submissions, the CJI remarked, “Don't get distracted. We are not distracted by this.”
Multiple FIRs
Meanwhile, Punjab Police has filed multiple FIRs against individuals accused of sharing objectionable and caste-based remarks targeting the Chief Justice of India on social media platforms.
Authorities reported receiving numerous complaints across various districts, identifying over 100 social media accounts involved in posting hateful and casteist content against the CJI.
According to a spokesperson for the Punjab Police, the social media posts in question contained material aimed at inciting violence and undermining respect for a constitutional authority. They also included deliberate intimidation and derogatory remarks targeting a member of the Scheduled Caste (SC) community, attempts to foster enmity and hatred against SC individuals, and efforts to stir hostility between groups based on caste.
Additionally, the posts featured offensive content intended to provoke unrest and contribute to public disorder.