SC wary of contempt proceedings in the case of shoe-throwing at CJI Gavai

The Supreme Court on Thursday (October 16) expressed concern about initiating contempt proceedings against advocate Rakesh Kishore in relation to his act of throwing a shoe at the Chief Justice of India (CJI) BR Gavai, stating that it might revive and give a fillip on social media to an issue that is already “complete and finished”.

The remarks were made by a Division Bench comprising Justice Surya Kant and Justice Joymalya Bagchi upon being informed by senior advocate Vikas Singh, President of the Supreme Court Bar Association, that the Attorney General for India, R Venkataramani, has granted consent to initiate criminal contempt proceedings against Advocate Rakesh Kishore.

SG bats for contempt proceedings

After jointly mentioning the matter before the bench with Solicitor General of India Tushar Mehta, Singh informed the court that he has taken the consent of the Attorney General, seeking a listing of the matter on Friday (October 17).

"Learned AG has given consent, I would also join my learned friend and request your lordship to take up the contempt. It is constitutional integrity which is under question," said Mehta as quoted by Live Law.

Singh then told the court that he was seeking a "John-Doe" order to injunct social media posts glorifying the incident.

Also Read: Katju advises judges to 'talk less' in court after shoe-throwing attempt on CJI Gavai

SC concerned about ‘raking up’ the issue

The Division Bench asked whether the matter should be raked up further, pointing out that the CJI himself has decided to let off the incident.

"Hon'ble CJI has been extremely magnanimous...that shows the institution is not affected by these kinds of incidents," Justice Kant said. "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.

Describing the CJI’s action of not taking any action against the lawyer as a "gesture of majesty", Mehta said that the manner in which some people are using social media has become a cause of concern, adding that "it is a matter of institutional integrity.”

At this point, Justice Kant said that the holy scriptures never condoned violence. He expressed concern that the matter would again become alive on social media if further action is taken against the lawyer. "What will happen is, in social media, unfortunately, every incident becomes a....," Justice Kant said.

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

Matter to be listed after Diwali vacations

Justice Bagchi asked whether raking up the issue would give a further opportunity for the "publicity seekers". "A John-Doe order will be the next cavalcade of events. It is because of our behaviour in court that we survive, and we get the confidence from the people. It is that spirit which the hon'ble Chief Justice exhibited when his lordships just washed it aside as an action of an irresponsible citizen,” he said.

“Our request to you is to consider whether raking up the issue, which for our sake is complete and finished, will it help in reviving and giving a fillip to all these publicity-hungry elements to go on chirping on something which is not really the cause of justice,” added Justice Bagchi. However, the bench agreed to list the matter after the Diwali vacations.