Citing ‘sanatan dharma’, lawyer hurls shoe at CJI Gavai; angered every Indian: PM

Speaking to The Indian Express, CJI Gavai said nothing had landed on his body or his desk. “I only heard the sound.

Maybe it fell on some table or somewhere… I only heard him say ‘Maine Gavai saab ke taraf pheka tha (I had thrown it at CJI Gavai)’. Perhaps what he threw landed somewhere else and he was trying to explain,” he said.

“I told the lawyer who was arguing, you just ignore it. I am not distracted by all this. You also don’t be distracted and proceed further with the case,” the CJI said.

Later, the Bar Council of India (BCI) said “Kishore is suspended from practice with immediate effect” for conduct that is “inconsistent” with the “rules and the dignity of the court”.

Solicitor General Tushar Mehta condemned the incident, saying it was “unfortunate”. The Supreme Court Bar Association (SCBA) expressed its “profound shock, outrage, and unequivocal condemnation of the reprehensible act”.

The police allegedly recovered from Kishore a note written on a piece of white paper that read: “Mera sandesh har sanatani ke liye hai… Sanatan dharma ka apmaan nahi sahega Hindustan (My message is for every sanatani… Hindustan will not tolerate an insult to sanatan dharma)”. The police also allegedly found ID cards of the Supreme Court Bar Association, Shahdara Bar Association and Bar Council of Delhi in Kishore’s possession.

Police sources said Kishore allegedly took out a sports shoe and threw it at the CJI at around 11.35 am during proceedings in Court No 1. According to sources, Kishore was taken out of the courtroom where he said: “Sanatan dharma ka apmaan nahi sahega Hindustan (Hindustan will not tolerate an insult to sanatan dharma).”

A senior police officer said: “He was picked up by security personnel and handed over to the security unit of the Supreme Court. He is a resident of the Mayur Vihar area (in east Delhi) and a registered member of the Supreme Court Bar Association.”

Sources said the CJI directed the SC Registry not to take any action against the lawyer and to release him. Subsequently, the police were asked to hand over Kishore’s shoes and documents and, sources said, he was allowed to leave three hours after the incident.

“He was questioned by the security unit of Delhi Police and officials of New Delhi district police after taking approval from the registrar general,” the sources said.

After the attack, CJI Gavai appeared unruffled and asked for the proceedings, which were underway in a separate matter, to be continued. The CJI has Z-plus security cover provided by the Security Division of the Delhi Police.

On September 16, presiding over a two-judge bench with Justice K Vinod Chandran, CJI Gavai had made some remarks while dismissing a plea seeking the reconstruction of a dilapidated seven-feet-tall Lord Vishnu idol at the Javari temple in the Khajuraho complex.

“This purely publicity interest litigation… Go and ask the deity himself to do something. If you are saying that you are a strong devotee of Lord Vishnu, then you pray and do some meditation,” the CJI had told the petitioner.

Two days later, the CJI clarified that he “respects all religions” and that his comments were made in the context of the Archaeological Survey of India (ASI) holding jurisdiction over the temple’s upkeep. “I believe in all the religions, I respect all the (religions),” the CJI said.

Solicitor General Tushar Mehta said the incident “is the result of misinformation in social media”. “It is really heartening that the Chief Justice of India reacted with magnanimity and majesty of the highest court of the country. I only hope that this magnanimity is not treated by others as the weakness of the institution,” he said.

“I have personally seen the Chief Justice visiting religious places of all religions with full reverence. The Chief Justice has also clarified his position. It is not understood what prompted one miscreant to do what he did today. It appears to be an act of some attention-seeker wanting cheap publicity,” Mehta said.

The SCBA said “such intemperate behaviour is utterly unbecoming of an officer of the Court and strikes at the very foundation of mutual respect that underpins the relationship between the Bench and the Bar”.

The association said “this incident, reportedly stemming from a misguided backlash against the Hon’ble Chief Justice’s judicious observations (in the Vishnu idol matter), where His Lordship emphasised respect for all religions and clarified his remarks amid social media distortions, cannot be tolerated”.

“It constitutes a direct assault on judicial independence, violates Constitutional values of decorum and discipline, and gravely undermines public confidence in the justice delivery system,” it said in a statement.

The SCBA said it “commends the calm composure and exemplary restraint demonstrated” by the CJI “who, in the face of this grave provocation, continued to discharge his judicial duties with dignity and poise, upholding the highest traditions of the judiciary”.

Reaffirming “its complete solidarity” with the CJI and “companion Judges of the Supreme Court”, the SCBA also condemned “the role of certain sections of the media in exacerbating this incident through irresponsible, sensationalised reporting and deliberate distortion of judicial remarks”.