New Delhi: The Supreme Court on Monday refused to initiate criminal contempt proceedings against 71-year-old Dalit lawyer Rakesh Kishore, who had hurled a shoe at Chief Justice of India (CJI) BR Gavai earlier this month, allegedly for mocking Lord Vishnu during a previous hearing. The apex court stated that giving undue attention to the incident would only “glorify” the individual’s act, adding that the matter should “die a natural death.”
A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi heard the matter and emphasized the need to maintain the dignity of the court without sensationalizing such incidents. Justice Kant remarked, “We definitely will take that into account and, of course, with all of your active support, opinion, and suggestions, we would like to lay down some guidelines. But today, giving undue importance to one individual will rather lead to him glorifying more.”
Justice Bagchi, referring to the act of shoe-throwing and sloganeering inside the courtroom, observed that such behavior technically amounts to ‘contempt in the face of the court’ under Section 14 of the Contempt of Courts Act, 1971. However, he clarified that it is within the discretion of the judge concerned to decide whether to initiate proceedings. “In this case, the CJI, in his glorious magnanimity, chose to ignore it,” Justice Bagchi noted.
The court underlined that while it will consider framing guidelines to prevent similar disruptions in the future, it did not find it appropriate to pursue punitive action in this particular case.
The controversy began on October 6, when Rakesh Kishore hurled a shoe at CJI Gavai during open court proceedings, reportedly shouting, “Sanatan ka apmaan nahi sahenge!” (We will not tolerate the insult of Sanatan Dharma). He was immediately escorted out by security personnel.
The act was allegedly provoked by an earlier remark made by CJI Gavai during a hearing concerning a mutilated idol of Lord Vishnu at the Javari Temple in Khajuraho, Madhya Pradesh. In that case, a petitioner, Rakesh Dalal, had urged the court to direct the restoration of the idol, arguing it was a matter of faith and dignity. Dismissing the plea, CJI Gavai reportedly said, “This is purely publicity interest litigation. Go and ask the deity itself to do something now.”
