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SC bar association cancels membership of lawyer who tried to hurl shoe at CJI Gavai
The Supreme Court Bar Association said lawyer Rakesh Kishore’s act amounted to a “direct assault on judicial independence”.
The Supreme Court Bar Association (SCBA) on Thursday terminated the temporary membership of 71-year-old advocate Rakesh Kishore, two days after he attempted to hurl a shoe at Chief Justice of India (CJI) Bhushan R Gavai during court proceedings in the top court.
The SCBA’s executive committee, headed by senior advocate Vikas Singh, said Kishore’s act amounted to a “direct assault on judicial independence” and “a grave breach of professional ethics and the dignity of the Supreme Court.” In a resolution passed unanimously, the committee said that such “reprehensible, disorderly, and intemperate behaviour” was unbecoming of an officer of the court and inconsistent with the discipline expected of members of the Bar.
The association ordered immediate termination of Kishore’s temporary membership, dated 27 July 2011, and directed that his membership card be forfeited and his proximity access to the Supreme Court premises cancelled. The resolution also said the decision will be circulated among members of the Bar and relevant authorities.
“The Executive Committee reiterates its unwavering commitment to uphold the dignity of the judiciary, the honour of the legal profession, and the constitutional values of respect, discipline, and independence that form the cornerstone of the justice delivery system,” the resolution stated.
The SCBA’s action came a day after Supreme Court advocate KR Subhash Chandran wrote to Attorney General R Venkataramani seeking consent to initiate criminal contempt proceedings against Kishore. In his letter, Chandran said the lawyer’s conduct had “diminished the majesty and authority of the court” and that his “lack of remorse even after the incident makes out a clear case of scandalising and lowering the authority of the judiciary.” The Attorney General is yet to respond to the request.
The incident took place on Monday morning (October 6) during the mentioning of cases before the CJI’s Bench, when Kishore suddenly approached the dais and tried to remove his shoe before being restrained by security personnel. As he was escorted out, he was heard shouting, “Sanatan ka apmaan nahi sahenge (We will not tolerate any insult to Sanatan).”
Unfazed by the chaos, CJI Gavai told lawyers: “Don’t get distracted by all this. We are not distracted. These things do not affect me,” resuming the proceedings unperturbed.
According to people aware of the matter, CJI Gavai later refused to press any charges and instructed officials to “just ignore” the episode.
Kishore, a Delhi-based lawyer enrolled with the Bar Council of Delhi in 2009 and a temporary member of the SCBA since 2011, was detained and questioned by Delhi Police for nearly three hours before being released later in the day.
The Bar Council of India (BCI) took a stern view of the matter and suspended him from practice, pending disciplinary proceedings. “During the period of suspension, you are debarred from appearing, acting, pleading or practising in any court, tribunal or authority in India,” the BCI said in its October 6 order.
A senior police officer said Kishore told investigators that he was upset over remarks attributed to the CJI during a hearing last month concerning the restoration of a beheaded Lord Vishnu idol at the Javari temple in Khajuraho, Madhya Pradesh. During that hearing, the CJI had declined to entertain a petition on the matter, saying it fell under the jurisdiction of the Archaeological Survey of India (ASI), and made a remark that was later distorted on social media.
Following online outrage, CJI Gavai clarified in open court on September 18 that his comments were misconstrued. “Someone told me the other day that the comments I made have been portrayed in social media in a certain manner... I respect all religions,” he said.
Solicitor General Tushar Mehta, present in court that day, cautioned against misinformation online, while senior advocate Kapil Sibal added: “We suffer every day. This is an unruly horse and there appears no way to tame it.”
Both the SCBA and the Supreme Court Advocates-on-Record Association (SCAORA) had earlier condemned Kishore’s conduct, calling it “unbecoming of a member of the Bar” and a blow to the mutual respect that sustains the Bench-Bar relationship.
Speaking to HT on October 7, Kishore said he was “merely one of the foot soldiers of Sanatan Dharma” who acted on “divine instructions”, and expressed no regret for his actions.
