SC Declines To Pursue Contempt Against Advocate Who Threw Shoe At CJI Gavai Despite Attorney General's Consent

The Supreme Court on Thursday (16 October) decided not to immediately pursue criminal contempt proceedings against Advocate Rakesh Kishore, who threw a shoe at Chief Justice of India B R Gavai on October 6, despite consent from Attorney General R. Venkataramani, the Indian Express reported.

The bench of Justices Surya Kant and Joymalya Bagchi said reviving the matter would only fuel social media debates.

The decision came after SCBA President and Senior Advocate Vikas Singh and Solicitor General Tushar Mehta urged the court to proceed.

Singh informed the court that he had obtained the consent of the Attorney General and was seeking to list the matter for hearing the next day.

Solicitor General Mehta supported Singh’s request, noting that the Attorney General had given consent and emphasising that taking up the contempt was important to uphold constitutional integrity.

Kishore, reportedly upset over remarks by the CJI during a hearing on the restoration of a Vishnu idol in Khajuraho, had hurled a shoe in Court Hall 1. CJI Gavai remained composed and allowed proceedings to continue.

The SCBA later removed Kishore from its rolls, and the Bar Council of India suspended his license pending further action.

The bench highlighted the Chief Justice’s magnanimity, with Justice Surya Kant observing that the CJI had been extremely gracious and that such incidents did not affect the institution. Justice Joymalya Bagchi added that the matter was already complete and finished and questioned the need to reopen it.

Both judges raised concerns over the role of social media in amplifying such incidents.

The court decided to defer any action until after the Deepawali recess. Justice Kant, speaking lightly, remarked on the short-lived nature of such controversies, questioning whether any “saleable” attention would remain after a week.

Solicitor General Tushar Mehta and the bench also noted that social media controversies typically have a very brief shelf life of 24–48 hours.

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