Supreme Court of India and advocate Rakesh Kishore.
Credit: DH File Photos
New Delhi: The Supreme Court on Monday said it was not inclined to initiate contempt action against a lawyer who had hurled a shoe towards Chief Justice of India B R Gavai, having noted that the CJI himself refused to proceed against him.
A bench of Justices Surya Kant and Joymalya Bagchi said shouting slogans in court and hurling shoes are clear cases of contempt of court but it all depends on the judge concerned under the law whether to proceed or not.
The court, however, agreed to consider preventive steps for such incidents.
Dealing with a plea filed by the SC Bar Association seeking contempt action against lawyer Rakesh Kishore for his act on October 6, the bench said, the incident should be allowed to die its own natural death.
"Issuing contempt notice will only give undue importance to the lawyer who had hurled shoe at the CJI and would increase the shelf life of the incident," the bench said.
The court, however, said it would consider laying down guidelines to prevent such incidents.
The bench asked Solicitor General Tushar Mehta to collate details of incidents like shoe throwing incidents in different courts.
Senior advocate Vikas Singh, appearing for the SCBA, said the lawyer concerned has glorified the incident which should not happen.
"No doubt the incident is a severe grave criminal contempt. The subsequent conduct aggravates the situation but the CJI himself has pardoned him," the bench said.
"That was in his individual capacity but this is for the institution. We can't let this incident go, people are making jokes, which can't be allowed. This will bring a lot of disrespect to the institution," Singh said.
The counsel urged the court to issue notice and the lawyer should express remorse or he should be sent to jail.
The bench, however, pointed out when the CJI in his magnanimity chose to ignore the incident. The court asked if the Attorney General should have given consent for contempt action.
Instead of antagonistic proceedings, the court decided to examine guidelines to prevent such incidents.
On October 6, in a shocking security breach, 71-year-old Kishore hurled a shoe towards the CJI in his courtroom, which prompted the Bar Council of India to suspend his licence with immediate effect.
On a plea for urgent hearing made by senior advocate and SCBA president Vikas Singh on October 16, the court had said taking any action against the lawyer may open another episode, with the social media marketing it in the weeks to come.
The court had observed that let the incident die a natural death.
After the incident, the lawyer had sought to justify his act claiming he was deeply hurt by remarks made in Lord Vishnu idol case in September.
CJI B R Gavai, subsequently, said he was shocked with the incident but it was a forgotten chapter.