Institute of Legal and Management Studies

Attorney General for India R Venkataramani has granted consent to initiate criminal contempt proceedings against Advocate Rakesh Kishore, who tried to throw a shoe at Chief Justice of India BR Gavai in Court room last week.

Senior Advocate Vikas Singh, President of the Supreme Court Bar Association, and Solicitor General of India Tushar Mehta, jointly mentioned the matter before the bench led by Justice Surya Kant, the second senior judge, seeking the listing of the criminal contempt matter.

Singh informed the bench about the AG granting the sanction and SG confirmed this fact. "I have taken the consent of the Attorney General and seeking a listing tomorrow," Singh said. "Learned AG has given consent, I would also join my learned friend and request your lordship to take up the contempt. It is constitutional integrity which is under question," SG said.

Singh said that he was also seeking a "John-Doe" order to injunct social media posts glorifying the incident..

The bench comprising Justice Surya Kant and Justice Joymalya Bagchi however asked whether the issue should be raked up further, pointing out that the CJI himself has let off the incident. "Hon'ble CJI has been extremely magnanimous...that shows the institution is not affected by these kind of incidents," Justice Kant said.

"But the way it is going on and on and the manner in which social media is giving traction to it is causing some damage to the institution," Singh said. SG said that it was a "gesture of majesty" by the CJI not to take any action against the lawyer. However, the manner in which some people are using social media to justify the incident was a matter of concern, he said. "It is a matter of institutional integrity," SG said.

"Some people say Lord Vishnu will justify it. Lord Vishnu will never justify it and justify this kind of violence. It is an insult to Lord Vishnu also," Singh said. Justice Kant said that holy scriptures never condoned violence. However, he raised a concern about the matter becoming alive again on social media if the Court took further action. "What will happen is, in social media, unfortunately, every incident becomes a....," Justice Kant said.

Justice Bagchi also echoed the sentiment of the presiding judge, asking if raking up the issue again wouldn't give a further opportunity for the "publicity seekers".

"A John-Doe order will be the next cavalcade of events. It is because of our behaviour in court that we survive and we get the confidence from the people. It is that spirit which the hon'ble Chief Justice exhibited when his lordships just washed it aside as an action of an irresponsible citizen. Our request to you is to consider whether raking up the issue, which for our sake is complete and finished, will it help in reviving and giving a fillip to all these publicity-hungry elements to go on chirping on something which is not really the cause of justice. "

Justice Bagchi also expressed concerns about the Court's time getting diverted from other priority matters. "So many of you stand for hours to get matters heard and decided. See we have already spent five minutes on this. Perhaps we could have at least decided three issues, perhaps of persons who are in jail, where individuals are seeking to get reinstated or even the State is before us to assert some public cause."

"What my brother is pointing out is, the moment you take any action now, it will become episode No.2 for them. And for another one week, the entire incident will be revived." Justice Kant added. Justice Bagchi said that for social media accounts, the incident is only a "money-spinning venture."

Vikas Singh however pointed out that Kishore has not expressed any regret for his act and was going on making statements glorifying his act. Justice Bagchi said that the case will also give a further opportunity to the social media accounts to monetise the incident.

"The algorithms are so programmed so as to appeal to the baser instincts of individuals. When these sort of comments are made, and the number of hits are more, the algorithm is to promote such content. In these situations, Mr.Singh, we assure you, that even your mentioning is going to be monetised. Allow it to have a natural death," Justice Bagchi said.

Singh however said that he was conveying the "angst of the Bar." He pointed out that Justice Ujjal Bhuyan last week had termed the incident "an affront to the institution."

Ultimately, the bench agreed to list the matter on the re-opening after Diwali vacations.