'Clear case of contempt but ... ': SC on action against lawyer who hurled shoe at CJI; Bar calls it 'joke on institution'

NEW DELHI: The Supreme Court on Monday agreed that hurling shoes "are a clear case of contempt", however, it chose to not take any action against the lawyer who hurled shoe at the Chief Justice of India BR Gavai.

The apex court's bar association termed it a "joke on the institution" itself as the SC justified the decision saying that initiating action would "rather lead to his (lawyer's) glorifying more", as the CJI himself decided not to go ahead with the case.The top court was hearing a petition submitted by the Supreme Court Bar Association (SCBA), which sought criminal contempt proceedings against advocate Rakesh Kishore for attempting to throw a shoe at the Chief Justice of India.Appearing for the SCBA, its president Vikas Singh questioned the decision saying, "Even if the CJI has decided not to go ahead. We can't let this go. Today jokes are being made. Jokes are being made over the institution. This can't go on. It will bring disrepute and disrespect to the institution, the way this thing has been glorified."Here's what SC said:

'Concerned judge himself let him go'

The SC argued that since the concerned judge -- CJI BR Gavai -- himself decided not to ahead with case, initiating any action would lead to "glorification" of the act.

"You are rightly saying that it's the question of the institution. These are also part of the scheme of the Contempt of Courts Act. Throwing of a shoe, shouting slogans in the courtroom are contempt. In such cases it's left to the charge. In this case, the CJI in his glorious magnanimity chooses to ignore. Is it within the domain of another Bench or even the Attorney General to grant consent for criminal contempt?" Justice Bagchi said."When the concerned judge himself has let go of it... we are conscious of the second limb of argument that guidelines with regard to glorification of such incidents... We will ensure that this case may remain pending so that necessary guidelines can be issued with regard to publication of such cases," the judge added."It's the CJI's call to let it go. We as an institution cannot ignore it", SCBA president Singh argued."What he's doing thereafter, glorifying his act. The CJI didn't think of it when he let him go. How many posts are there where he's saying he will do it again as if the lord is asking him to do it. It's an insult to the god he's intending to glorify", he added.

Guidelines to be issued instead

The SC agreed to issue guidelines instead, with Justice Surya saying, "This (initiating action) will rather lead to his (Rakesh Kishore's) glorifying more. Such kind of persons have no stake in the system.

Giving any undue importance to person will only... Let us, the bar and the bench both should think of the larger issue of issuing guidelines in this regard."Concurring with the solicitor general, Justice Surya Kant observed that the episode is likely to fade away on its own. He concluded the proceedings by noting that the Court would keep the matter pending to frame guidelines on social media conduct and the potential glorification of such incidents."We can assure you that we will keep the matter pending for the purpose of issuing guidelines. Just ask two-three juniors to collate all kinds of content floating on social media. Don't file writ petitions; what's the difference between him and you if you keep filing petitions against him? Be bold enough," Justice Kant said.Earlier this month, the 71-year-old lawyer Rakesh Kishore hurled a shoe at the CJI Gavai inside an SC courtroom as he shouted: "Sanatan ka apman nahi sahenge." He later expressed "no regret" for his act and justified it saying that was guided by what CJI had said while dismissing the plea, which sought reconstruction of Lord Vishnu idol in Madhya Pradesh's Khajuraho.