Institute of Legal and Management Studies

The Supreme Court on Wednesday wondered whether it should reopen the controversy surrounding the lawyer who attempted to throw a shoe at Chief Justice of India BR Gavai last week, observing that perhaps it was better to allow the matter to “have a natural death.”

A bench of Justice Surya Kant and Justice Joymalya Bagchi made the observation after Senior Advocate and Supreme Court Bar Association President Vikas Singh and Solicitor General Tushar Mehta mentioned the issue, seeking urgent listing of criminal contempt proceedings against Advocate Rakesh Kishore.

Attorney General for India R Venkataramani has already granted consent to initiate criminal contempt proceedings against Kishore for his act in the Chief Justice's courtroom.

“I have taken the consent of the Attorney General and I'm seeking a listing tomorrow,” Vikas Singh told the bench. The Solicitor General confirmed this. “Learned AG has given consent. I would also join my learned friend in requesting your lordships to take up the contempt. It is the constitutional integrity of this institution which is under question,” Mehta said.

Singh also requested a John Doe order to restrain social media posts glorifying the incident.

However, Justice Surya Kant appeared hesitant to reignite the controversy, noting that the Chief Justice himself had chosen not to pursue action against the lawyer. “Hon'ble CJI has been extremely magnanimous… that shows the institution is not affected by these kinds of incidents,” Justice Kant said.

Singh, however, argued that continued social media discussions glorifying the incident were harming the judiciary's image. “The way it is going on and the manner in which social media is giving traction to it is causing some damage to the institution,” he said.

SG Mehta, while describing the CJI's restraint as a “gesture of majesty", shared concerns that some people were using social media to justify the lawyer's act.

Vikas Singh added, “Some people say Lord Vishnu will justify it. Lord Vishnu will never justify this kind of violence. It is an insult to Lord Vishnu also.”

Justice Kant responded that holy scriptures never condoned violence, but cautioned that further court action might only keep the controversy alive. “What will happen is, in social media, unfortunately, every incident becomes a...” he said, trailing off.

Justice Bagchi concurred. “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. The Hon'ble Chief Justice exhibited that spirit when he just washed it aside as an act of an irresponsible citizen. Should we now rake up an issue which, for our sake, is complete and finished?” he asked.

He further noted that the Court's time was precious. “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 decided three issues, maybe involving persons in jail or others seeking reinstatement,” Justice Bagchi remarked.

Justice Kant observed, “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.”

Echoing his concern, Justice Bagchi said that for social media users, such incidents were often “money-spinning ventures.”

“The algorithms are so programmed to appeal to the baser instincts of individuals. When these sorts of comments are made, and the number of hits are more, the algorithm promotes 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 remarked.

Vikas Singh maintained that the Bar was “deeply anguished” and that Kishore had not shown any remorse. “He is continuing to make statements glorifying his act,” Singh said, recalling that Justice Ujjal Bhuyan had termed the incident “an affront to the institution.”

Ultimately, the bench agreed to list the matter after Diwali vacations.