Supreme Court Refuses Contempt Action For Shoe Thrown At Chief Justice

The Supreme Court on Monday declined to initiate contempt proceedings against advocate Rakesh Kishore, who attempted to throw a shoe at Chief Justice of India (CJI) B.R. Gavai on October 6. The incident occurred during court proceedings and prompted the Bar Council of India to suspend Kishore's license.

A bench of Justices Surya Kant and Joymalya Bagchi addressed a plea by the Supreme Court Bar Association (SCBA) seeking contempt action against Kishore and measures to curb online glorification of the incident. Despite the SCBA's strong arguments for institutional action, the court opted to focus on preventive measures to avoid future disruptions, rather than giving undue importance to the individual involved.

SCBA President Vikas Singh argued passionately for the court to take institutional action, emphasizing that the CJI's personal pardon was separate from the offense against the court. He highlighted Kishore's subsequent conduct, including claims of divine instruction to repeat the act, as a glorification that should not be allowed to continue. Singh warned that inaction would disrespect the institution and lead to mockery.

Justice Surya Kant acknowledged the gravity of the act, recognizing it as a severe and grave criminal contempt. However, he also noted the CJI's decision to pardon the advocate. "Why give importance to that person?" Justice Kant asked. Justice Joymalya Bagchi pointed out that throwing a shoe or shouting slogans in court constitutes contempt under Section 14 of the Contempt of Courts Act, 1971, but it is up to the concerned judge to decide whether to initiate proceedings.

Solicitor General Tushar Mehta cautioned against issuing a notice, suggesting it might extend the lawyer's "shelf life" on social media and allow him to portray himself as a victim. The court agreed that pursuing contempt charges could inadvertently amplify the incident and encourage similar behavior. "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 stated, adding the incident should be allowed to die its own natural death.

Instead of pursuing contempt, the Supreme Court said it would consider laying down guidelines to prevent such incidents and address the glorification of such acts. The court asked Solicitor General Tushar Mehta to collate details of similar incidents in different courts. The bench clarified that it was not inclined to pursue contempt but would consider laying down guidelines to address glorification of such acts and to strengthen courtroom security. "We are with you on the issue of glorification and security. Preventive measures are needed," Justice Kant said.

The incident occurred on October 6, when Kishore threw a shoe toward the dais of CJI Gavai and Justice Vinod Chandran. The CJI remained unfazed and asked officials to ignore the act and let the lawyer off with a warning. The incident sparked widespread condemnation, with Prime Minister Narendra Modi speaking to the CJI. The court said the incident should “die its own natural death”.