The Supreme Court did not initiate contempt proceedings against lawyer Kishore, who threw a shoe at CJI B.R. Gavai. The CJI intervened to prevent the matter from escalating. The SCBA had demanded action, but the Court deferred it.
New Delhi: The Supreme Court has refused to initiate contempt proceedings against lawyer Kishore, who threw a shoe at Chief Justice B.R. Gavai (CJI). During the hearing, the Court clarified that shouting slogans or throwing shoes in court by any person amounts to contempt, but action depends on the concerned judge. The Court also stated that issuing a notice would give undue importance to the lawyer, so it would be better to let the matter conclude on its own.
CJI's Response
Chief Justice B.R. Gavai himself intervened in the matter and refused to take action against the lawyer. The Supreme Court acknowledged that while the act constitutes serious and criminal contempt, the judge, demonstrating magnanimity, decided to prevent the matter from escalating. The Court stated that the option of issuing a notice to the lawyer would not be pursued to avoid giving him undue importance in society and the media.
SCBA's Arguments
The Supreme Court Bar Association (SCBA) had demanded contempt proceedings, expressing concern that the matter might be glorified. SCBA President Vikas Singh stated that overlooking the incident would send an inappropriate message to the institution. He informed that lawyer Kishore was detained immediately after the incident and then released. Subsequently, Kishore claimed that he committed the act on God's command and also threatened to repeat it in the future.
The SCBA emphasized that if the court remains inactive, it would raise questions about the dignity of the judicial institution. Singh stated that if no action is taken against the lawyer, people might make a mockery of the incident. He urged the Court to issue a notice or take other appropriate measures.
Decision of the Bench of Justice Jayamalya Bagchi
However, a bench comprising Justice Suryakant and Justice Jayamalya Bagchi expressed reluctance to escalate the situation. Justice Suryakant stated that while the act constitutes serious and gross criminal contempt, since the CJI himself has pardoned, there is no need to give further importance to the lawyer.
Solicitor General Tushar Mehta also stated that issuing a notice could increase discussions about the lawyer on social media, potentially elevating him to a victim or hero-like status. Justice Bagchi suggested that in matters related to contempt, action should be left to the discretion of the concerned judge.
The bench concluded that the matter should be deferred and preventive measures considered. The Court dismissed the related writ petitions, deeming them “not maintainable”. Justice Suryakant stated that it would be considered after a week, and the court would view it with the same magnanimity shown by the CJI.
Incident Details
This entire controversy emerged on October 6, when lawyer Kishore attempted to throw a shoe towards the dais of CJI Gavai and Justice Vinod Chandran. The Bar Council of India (BCI) had already suspended Kishore's license to practice law.
Kishore's anger was linked to some recent remarks by the CJI. One remark was in a petition concerning a broken idol in Khajuraho, where the CJI told the petitioner, “Go and ask the deity.” The second remark was made in Mauritius, related to criticism of bulldozer demolitions in India. Kishore committed this act as a reaction to these comments.
