CJI Gavai shoe row: Attorney General nod for contempt against Rakesh Kishore, SC says ‘let it die a natural death’

“I have taken the consent of the Attorney General and I am seeking a listing tomorrow,” Singh said.

The Solicitor General added, “Learned Attorney General has given consent. I would also join my learned friend and request your Lordships to take up the contempt. It is constitutional integrity which is under question.”

Kishore had thrown a shoe at the CJI on October 6 in Court Hall 1 while the court was in session. CJI Gavai, however, appeared unperturbed and asked the lawyers present to continue with the day’s proceedings.

Kishore was reportedly upset over remarks made by the CJI during a hearing on a plea seeking restoration of a Vishnu idol in Khajuraho. The SCBA later removed him from its rolls, while the Bar Council of India suspended his license pending further proceedings.

On Thursday, Singh said that the issue is continuing on social media and that the lawyer has claimed he feels remorse. Mehta said that some people are glorifying the incident.

The bench, however, expressed doubts over whether it should intervene when the CJI himself had let it go. “Hon’ble CJI has been extremely magnanimous… That shows the institution is not affected by these kinds of incidents,” said Justice Kant.

Mehta said the CJI’s reaction was a “gesture of majesty”, but added that people using social media to justify the act was concerning. “It is a matter of institutional integrity,” he said.

Singh urged the court to consider issuing a John Doe order, which is an injunction against unidentified wrongdoers.

Justice Bagchi however said, “A John Doe order will be the next cavalcade of events. It is because of our behaviour in court that we survive and we get the confidence from the people. The Hon’ble Chief Justice exhibited that spirit when he just washed it aside as an act of an irresponsible citizen. Should we now rake up an issue which, for our sake, is complete and finished?”

The judge added that there were many important matters before the court and wondered if re-agitating the issue would not be a waste of judicial time. But Singh clarified that he was only seeking a restraint on the glorification of the act.

Justice Kant said, “What my brother is pointing out — and you will also appreciate — is that the moment you (raise it), the media story will continue.”

“Unfortunately, we have become money-spinning ventures…,” observed Justice Bagchi.

Agreeing, the SG said, “Social media platforms work on algorithms. People are addicted to them. And these platforms monetise that addiction. We feel we are using social media, but in fact, we are the products.”

Justice Kant added, “We are the product and the consumer both.”

Justice Bagchi said, “The algorithms are so programmed that things which pertain to the baser instincts of individuals like hate, lust, anger etc..what happens is when this sort of a comment is made and repeated, you will find the number of hits are more. And the algorithm in the social media platform is to promote it so that as soon as you access that platform it will be up on your screen. In these situations, we assure you that your mentioning today is going to be monetised…Please don’t operate to their monetisation. Allow it to have a natural death.”

Singh said, “I understand. We waited for so long. It is only because of the angst of the Bar. It involves the majesty of the institution. If the institution does not have the respect…”

Justice Kant said, “The Bar has always stood for the institution because you are the bridge between the consumer of justice and the court. We understand your predicament, your sentiments.”

Singh urged the court to list the matter on Friday. “By then we will also introspect, and Your Lordships will also take a thought about it and may modulate the order accordingly,” he submitted.

Justice Kant asked whether it should be listed on Friday or after the court’s reopening. The SC is on Deepawali recess next week.

Singh replied, “Let it be tomorrow. This is continuing. If something has to be done, it has to be done immediately.”

But the court decided to take it up after the recess. “Let us see what will happen in a week. Are they still left with some saleable item!” said Justice Kant in a lighter vein.

“Maybe something new will come for the algorithm,” said Justice Bagchi.

“Yes, it has a shelf life of 24–48 hours, and then something else takes over,” added the SG.

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