'Very shocked with...': What CJI Gavai said in first reaction to shoe attack

The incident has sparked a political storm with condemnation from Prime Minister Narendra Modi and former Congress chief Sonia Gandhi, among others.

Chief Justice of India (CJI) Bhushan R Gavai said on Thursday that he and fellow Supreme Court judge K Vinod Chandran were “shocked” when a lawyer attempted to hurl a shoe at the CJI in the courtroom earlier this week but added that he had “forgotten” about the incident.

Chief Justice of India BR Gavai (PTI)

His comments came even as politics spiked over the dramatic incident that took place inside the CJI’s courtroom on Monday. Union minister Ramdas Athawale demanded that the perpetrator, suspended lawyer Rakesh Kishore, be booked under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act as the Opposition alleged government inaction over the issue.

The remarks by CJI Gavai came when it was hearing a review petition seeking recall of a May 16 judgment that set aside two government notifications of 2017 and 2021 permitting development projects to commence work without prior environmental clearance.

As the bench headed by CJI Gavai along with justices Ujjal Bhuyan and K Vinod Chandran was hearing arguments, senior advocate Gopal Sankaranarayanan used the expression “kicking and screaming” to describe how earlier judgments dealt with the two notifications.

However, the choice of words drew a response from the CJI.

“My learned brother (justice Chandran) and I were very shocked with what happened on Monday; for us it is a forgotten chapter,” the CJI said in what was his first public response after the incident.

Justice Bhuyan appeared to differ with the course of action adopted against the errant lawyer, and said, “I have my own views that this should not be forgotten. The institution of CJI is not a joke. This is an affront on the institution of judiciary with the CJI at the helm.”

However, justice Chandran said, “There are other things that are more despicable.”

Kishore, a 71-year-old Delhi-based lawyer, attempted to remove his shoe and hurl it at Justice Gavai but the CJI chose not to take any action, directing officials to “just ignore” the incident, even as the Bar Council of India (BCI) suspended the lawyer and Delhi Police detained and questioned him for several hours before letting him go.

The dramatic incident unfolded around 11.35 am during the mentioning of cases before the CJI’s bench, when Kishore suddenly approached the dais and tried to remove his shoe. As he was being restrained and taken away, he was heard shouting: “Sanatan ka apman nahi sahenge (We will not tolerate any insult to Sanatan).”

Unfazed by the commotion, the CJI urged lawyers to continue with the day’s proceedings. “Don’t get distracted by all this. We are not distracted. These things do not affect me,” he said calmly, before resuming the hearings.

During Thursday’s proceedings, Sankaranarayanan described the incident as “sad” and recalled how a similar incident took place in the top court 10 years ago, when the bench was in a dilemma on what to do about it. Solicitor general Tushar Mehta joined the debate, appreciating the CJI’s magnanimity but having reservations over condoning the incident. “It was the court’s majesty that no action was taken against the lawyer. But what he did was unpardonable.” As the debate took the hearing on the review petition off course, senior advocate Kapil Sibal intervened and urged the discussion to be closed. “Let us not continue further on this issue. Let the arguments continue,” he said.

The incident has sparked a political storm with condemnation from Prime Minister Narendra Modi and former Congress chief Sonia Gandhi, among others. Punjab Police have filed multiple first information reports against accounts posting derogatory material about the CJI and Maharashtra Police have booked one person for allegedly uploading on social media an AI-generated video containing objectionable references to the CJI India.

“The attack on him...has angered every Indian. There is no place for such reprehensible acts in our society. I appreciated the calm displayed by Justice Gavai in the face of such a situation,” Modi had posted on X. Sonia Gandhi had also denounced the breach, calling it “an assault” not just on CJI “but on our Constitution as well”.

On Thursday, Athawale joined the chorus. .”Such an attack on the CJI has happened for the first time. Bhushan Gavai is from Dalit community and he has achieved his position on his own (merit),” the minister said, adding that some upper caste community members could not digest this fact.”I demand that the accused should be booked under the SC /ST Act, since Gavai was attacked because he is a Dalit. No CJI was attacked before this,” Athawale added.

Aam Aadmi Party chief Arvind Kejriwal called the episode a “grave assault on the dignity of the judiciary and the Constitution itself”, condemning the attack and the campaign targeting the CJI. “It was no coincidence that those behind the attack face no action…After this incident, every judge will hesitate to speak against these forces, fearing similar attacks. I appeal to every true patriot — rise and raise your voice to defend justice,” he said.

Kishore has expressed no remorse, claiming that a divine voice provoked him to take this step. Upon his detention by police, he informed that his action was based on a recent decision by CJI not to entertain a petition seeking restoration of Lord Vishnu’s idol at Khajuraho temple.

Last month, the bench of CJI Gavai and justice K Vinod Chandran had declined to entertain the petition filed by one Rakesh Dalal, observing that the matter fell under the jurisdiction of the Archaeological Survey of India (ASI). During the hearing, the CJI reportedly remarked to the petitioner’s lawyer: “Go and ask the deity itself to do something now. You say you are a staunch devotee of Lord Vishnu. So go and pray now. It’s an archaeological site and ASI needs to give permission etc. Sorry.”

Following social media outrage over those comments, CJI Gavai clarified in open court on September 18 that his remarks 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.