‘Shocked but now it’s a forgotten chapter’: CJI BR Gavai on shoe attack

Breaking his silence over an elderly lawyer’s attempt to hurl a shoe at him on October 6, Chief Justice of India BR Gavai on Thursday said he was “shocked”, but now the issue was a “forgotten chapter”.

“My learned brother (Justice Chandran) and I were very shocked with what happened on Monday… For us, it’s a forgotten chapter,” the CJI said about the unprecedented incident that invited all-around condemnation.

The CJI’s comments came during the hearing of petitions seeking review and modification of the Vanashakti judgement, which prohibited the Centre from granting retrospective or ex post facto environmental clearances to projects found violating environmental norms.

In a shocking incident, advocate Rakesh Kishore on Monday attempted to hurl a shoe at CJI Gavai during proceedings in the Supreme Court over alleged insult of ‘Sanatan’.

Senior counsel Gopal Sankaranarayanan recalled a similar incident almost a decade ago. “I also wrote an article on this… something similar happened 10 years ago in the neighbouring court. The two judges there had taken a different view on what procedure should be followed while invoking contempt powers,” Sankaranarayanan said.

Justice Ujjal Bhuyan, who was also on the bench, said, “I have my own views on this… He (Justice Gavai) is the CJI, it (the incident) is not a matter of joke… He (Kishore) is not apologetic thereafter; it’s an affront to the institution.”

Terming the attack as “an affront to the Supreme Court”, Justice Bhuyan said due action should have been taken. Solicitor General Tushar Mehta termed it an unpardonable act and praised the CJI for displaying magnanimity.

Senior counsel Kapil Sibal asked Sankaranarayanan to proceed with the matter and not to discuss the episode any further. “For us, it’s a forgotten chapter,” CJI Gavai said and proceeded with the hearing.

Meanwhile, the Supreme Court Bar Association on Thursday terminated with immediate effect the membership of Kishore for “grave misconduct”. Earlier, the Bar Council of India – which regulates the legal profession in the country – had suspended Kumar’s bar licence with immediate effect.

SCBA said Kishore’s “reprehensible, disorderly, and intemperate behaviour” amounted to “a direct assault on judicial independence” and “a serious breach of professional ethics, decorum, and the dignity of the Supreme Court”.

“The Executive Committee finds that the said conduct amounts to a direct assault on judicial independence, the sanctity of courtroom proceedings, and the longstanding relationship of mutual respect and trust between the Bar and the Bench.

“Having duly deliberated upon the incident and the gravity of such misconduct, the Executive Committee is of the considered view that continuing Rakesh Kishore as a temporary member of SCBA would be wholly inconsistent with the dignity and discipline expected of its members,” the SCBA resolution read.