New Delhi: The Supreme Court, on Monday, refused to initiate contempt of court case against advocate Rakesh Kishore for attempting to hurl his shoe at Chief Justice of India B R Gavai.
The Court, however, agreed that guidelines are required to deal with such instances.
The bench of Justice Surya Kant and Justice Joymalya Bagchi doubted if, under the current contempt law, any judge other than CJI Gavai himself can initiate contempt.
“Why give him so much importance,” Justice Kant wanted to know from Supreme Court Bar Association (SCBA) president Vikas Singh, while refusing to issue notice to Kishore.
Solicitor General Tushar Mehta agreed to this and suggested that the court should not give Kishore an opportunity to remain in the limelight any longer by issuing notice to him.
“These are mere saleable objects for news channels. Till the time it’s reaping revenue they will play it up. When redundant they will take up something else,” Justice Kant said after Mehta suggested that issuing notice to Kishore on this plea will give him more media shelf-life.
The Court, however, kept the matter pending on questions of guidelines and posts on social media regarding such incidents.
The SCBA had sought initiation of criminal contempt proceedings against Kishore who attempted to throw a shoe at CJI Gavai on October 6. He later defended his action and linked it to observations made by the CJI regarding restoration of a Vishnu idol in Khajuraho.
Senior advocate Vikas Singh, the current SCBA president, insisted that the matter is not just about CJI Gavai, but the respect of the institution.
“When the incident happened, he was detained for a little while. We also thought matter attained quietus…but then media interviews…he said he will do it again…this whole thing is being glorified…court has sufficient powers to ensure it does not happen,” he submitted.
Justice Kant didn’t agree though. “No doubt this amounts to serious and grave criminal contempt…manner in which he acted, nobody can pardon…subsequent events aggravated the situation…but, when Honourable CJI has pardoned, we are not inclined to initiate contempt of court against him,” he observed.
Singh insisted that the CJI has forgiven Kishore in his individual capacity but others, being an integral part of this institution, can’t let the incident go as people are now joking about it.
“If Rakesh Kishore does not express remorse, send him to jail from here only.” Singh said.
Justice Kant asked why so much importance should be given to Kishore. “Guidelines to deal with such incident, we appreciate that part in prayer, but contempt part we are not convinced.”
Justice Bagchi also said we agree it is a question of the institution but these are also part of scheme of contempt of court act.
“Throwing a shoe, shouting slogans are contemptuous on face of it. But in such cases, it’s left to the judge concerned as to whether judge would deem it prudent to initiate contempt…the CJI in his magnanimity chose to ignore…is it within domain of another bench or even Attorney General to give consent for contempt?” Justice Bagchi observed.
Taking serious note of “glorification” of the incident, the top court said we would ensure pendency of these proceedings so that guidelines can be issued on reporting of such issues.
Besides the contempt action against Kishore, SCBA seeks a John-Doe order against social media posts glorifying the attack on Chief Justice Gavai.
