New Delhi: The Attorney General of India has granted consent to initiate contempt of court proceedings against advocate Rakesh Kishore, who allegedly hurled a shoe towards Chief Justice of India (CJI) B R Gavai during a court session earlier this month. The development was brought to the Supreme Court’s notice on Thursday by Solicitor General Tushar Mehta and Supreme Court Bar Association (SCBA) President and senior advocate Vikas Singh.
Contempt action sought after courtroom incident
A bench comprising Justices Surya Kant and Joymalya Bagchi was apprised of the matter, with Mehta and Singh jointly requesting that the contempt proceedings against the advocate be taken up expeditiously. The incident, which occurred on October 6, shocked the legal fraternity and prompted widespread outrage.
Vikas Singh told the court that social media platforms had gone into overdrive following the episode, circulating posts and comments that, according to him, were “demeaning the institutional integrity and dignity” of the Supreme Court. Both Singh and Mehta urged the court to pass a restraining order to prevent the spread of such disparaging content.
Court highlights limits of free speech
In response, the bench observed that while the fundamental right to freedom of speech and expression is constitutionally protected, it is not absolute. “It cannot be exercised at the cost of the integrity and dignity of others,” the court remarked, adding that social media’s “unregulated” nature often contributes to the erosion of institutional respect.
The judges reflected on the double-edged role of digital media, stating, “We are both product and consumer of the content,” indicating that both creators and audiences play a role in perpetuating online narratives.
Despite the requests for an immediate hearing, the bench declined to list the contempt case urgently, remarking, “Let’s see if some saleable points are still left after a week,” signalling a cautious and deliberate approach to handling the sensitive matter.
Background of the incident
The shocking incident took place in the CJI’s courtroom when 71-year-old advocate Rakesh Kishore allegedly threw a shoe towards Chief Justice B R Gavai during court proceedings. Fortunately, no one was injured. Eyewitnesses reported that the CJI remained completely unfazed, calmly instructing court staff and security personnel to ignore the act and to let the lawyer off with a warning.
The Bar Council of India (BCI) immediately took note of the unprecedented breach of decorum and suspended Kishore’s licence to practise law with immediate effect. The move was widely supported by members of the legal community, who emphasised the need to uphold professional ethics and courtroom discipline.
Call for responsible online discourse
Senior advocates appearing in court expressed concern over the online discourse surrounding the incident, stating that several social media posts had trivialised or sensationalised the episode, thereby tarnishing the image of the judiciary.
Solicitor General Tushar Mehta underscored that while criticism of judgments and judicial functioning is legitimate, attacks on personal dignity and deliberate attempts to mock or undermine the court’s authority are unacceptable. He noted that such content could influence public perception and erode trust in judicial institutions.
The court’s observations echoed a broader concern about the impact of social media on judicial independence. It reiterated that respect for constitutional institutions is essential in a democracy and that personal attacks on judges or courts cannot be justified under the garb of free speech.
Maintaining institutional integrity
The incident has reignited discussions about courtroom security and professional accountability within the legal fraternity. Senior lawyers and jurists have called for stricter measures to ensure that similar acts of contempt do not recur.
Legal experts noted that the Attorney General’s consent is a mandatory procedural step before initiating contempt proceedings against an individual. With this consent now granted, the Supreme Court is expected to take up the matter in due course.
While the CJI’s composed reaction to the incident has drawn widespread praise, the larger issue of maintaining institutional respect remains at the forefront. The legal community continues to deliberate on how to balance freedom of expression with the need to preserve judicial dignity and order.
The shoe-throwing incident, though isolated, has highlighted the importance of upholding decorum in courtrooms and exercising restraint in public commentary on judicial matters.