‘Let it die its natural death’: SC refuses contempt action against lawyer who hurled shoe at CJI Gavai

The apex court bench said that while such behaviour clearly amounts to contempt of court, it was within the discretion of the presiding judge to decide whether to take action.

The Supreme Court, on Monday, declined to initiate contempt proceedings against advocate Rakesh Kishore, who had attempted to hurl a shoe at Chief Justice of India (CJI) BR Gavai earlier this month, noting that the Chief Justice himself had chosen to forgive the incident.

A Bench of Justices Surya Kant and Joymalya Bagchi said that while such behaviour clearly amounts to contempt of court, it was within the discretion of the presiding judge to decide whether to take action.

“Issuing a contempt notice will only give undue importance to the lawyer and prolong the shelf life of the incident,” the Bench observed, adding that the matter should be allowed to “die its natural death.”

The Court was hearing a plea filed by the Supreme Court Bar Association (SCBA), which sought contempt action against the 71-year-old advocate for his conduct during proceedings in Courtroom No.1 on October 6.

The Bench, while declining to proceed with contempt charges, said it would consider formulating preventive guidelines to avoid similar disruptions in future. Solicitor General Tushar Mehta was asked to collect data on comparable incidents across courts.

Senior advocate and SCBA president Vikas Singh urged the court to take a firmer stance, arguing that Kishore’s act had “brought disrepute to the institution” and was being “glorified” on social media. “This has become a joke in society. We can’t let this go,” Singh said.

Justice Kant responded that since the CJI had chosen to pardon the act, further action would only amplify it. “The issue of glorification is there, and we’ll certainly lay down preventive guidelines. But giving importance to such individuals serves no purpose,” he said.

The October 6 incident, which drew strong condemnation, involved Kishore attempting to throw a shoe toward the dais of CJI Gavai and Justice Vinod Chandran during a hearing.

The Bar Council of India later suspended Kishore’s licence to practise law.

Kishore’s outburst was reportedly linked to his disapproval of remarks made by the CJI in earlier cases and public comments abroad. Despite the uproar, CJI Gavai had directed court staff to “ignore” the incident and release the lawyer with a warning, a gesture the Supreme Court on Monday opted to uphold.