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Criminal contempt sought against advocate Rakesh Kishore in CJI shoe hurling incident
Kishore (71) attempted to hurl a shoe towards the CJI and was heard shouting “Sanatan ka apman nahi sahenge” (will not tolerate insults to Sanatan Dharma)
A Supreme Court lawyer has written to the Attorney General seeking permission to initiate criminal contempt proceedings against the advocate who attempted to hurl a shoe at the Chief Justice of India terming that the action diminished the majesty and authority of the court.
In a letter addressed to the top law officer R Venkatramani on Wednesday, advocate KR Subhash Chandran said that even after the incident that took place on Monday, the alleged contemnor has not shown any remorse for his action, which makes out a clear case of scandalizing and lowering the top court’s authority.
Chandran in his letter said, “It is submitted that the most contemptuous act of the contemnor diminishes the majesty and authority of the Supreme Court and defeats the Constitution of India.”
On October 6, advocate Rakesh Kishore, who was present in the courtroom of CJI, attempted to remove his shoe to hurl it at the CJI. However, he was stopped by the security personnel and escorted out. Kishore said that his angst was directed against CJI Bhushan R Gavai over his remarks made while dismissing a petition for restoration of Lord Vishnu’s idol at Khajuraho. Kishore was subsequently arrested by the police but was let off after the Supreme Court registry did not intend to press any charges.
However, the Bar Council of India (BCI) suspended the license of the lawyer in question even as he expressed no remorse for his action alleging that divine voice provoked him to take this step.
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Chandran said, “There is a clear case of scandalizing and lowering of authority of the Supreme Court by interfering and obstructing the administration of justice, by way of removal of his shoes and attempting to hurl it towards the CJI during ongoing court proceedings and by shouting slogans against CJI.”
The BCI had found Kishore to have violated its Rules on Standards of Professional Conduct and Etiquette. It requires that an advocate must conduct with dignity and self-respect in court, maintain a respectful attitude towards courts, and refrain from illegal or improper means that may influence judicial proceedings.
The letter described the attempted shoe hurling to be “the most contemptuous act” which diminishes the majesty and authority of the court and defeats the Constitution of India.
“Even after the incident, the contemnor continued his derogatory and most contemptuous remarks against the Supreme Court and CJI through various media and social media platforms, where he said that he feels ‘no remorse’ for his actions,”Chandran said.
He urged the AG to consider these facts and grant consent for initiating criminal contempt of court proceedings under the Contempt of Courts Act, 1971.
For initiating contempt proceedings in the Supreme Court under Section 15 of the Contempt of Courts Act, one is required to obtain the consent of the Attorney General under Rule 3(c) of the Rules to Regulate Proceedings for Contempt of Supreme Court, 1975.
