The Supreme Court on Monday refused to initiate contempt of court case against Advocate Rakesh Kishore for attempting to throw shoe at Chief Justice of India, BR Gavai. However, the top court agreed that guidelines are required to deal with such instances.
The bench of Justices Surya Kant and Joymala Bagchi today doubted if, under the current contempt law, any other judge other than the concerned judge can initiate contempt.
While refusing to issue notice to Rakesh Kishore, Justice Kant asked Supreme Court Bar Association president Vikas Singh, "Why give him so much importance?"
Solicitor General Tushar Mehta also suggested that the court should not give more limelight to Kishore 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 Surya Kant said when Solicitor General Tushar Mehta suggested that issuing notice to Kishore on this plea will give him more media shelf-life.
The bench however kept the matter pending on questions of guidelines and posts on social media regarding such incidents.
The Supreme Court Bar Association (SCBA) had sought initiation of criminal contempt proceedings against Advocate Rakesh Kishore who attempted to throw a shoe at CJI BR Gavai on October 6 over his remarks in Vishnu idol case.
Also Read: Lawyer Who Threw Shoe At Chief Justice Has No Regrets, Makes Bizarre Claims
Senior Advocate Vikas Singh, also the current SCBA President, insisted that the matter is not just about Chief Justice Gavai, but also about 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!"
Justice Surya Kant however said that "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."
Senior Advocate Vikas Singh insisted that the Chief Justice has forgiven Rakesh Kishore in his individual capacity but we being integral part of this institution can't let the incident go as people are making jokes about this.
"If Rakesh Kishore does not express remorse, send him to jail from here only." Singh added.
Justice Surya Kant asked why give so much importance to this person? "Guidelines to deal with such incident, we appreciate that part in prayer but contempt part we are not convinced."
Justice Joymala 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.
Earlier, Justice Kant-led bench expressed reservations about pursuing contempt action, wondering if it would revive the issue again.
Pointing out that Chief Justice Gavai himself had decided not to pursue action against Kishore, the bench suggested that it would be wise to let the issue die its natural death.
Also Read: On Attack On Chief Justice, His Family's "Poisonous Ideology" Remark
