On 8th October, former Supreme Court Judge Markandey Katju condemned the shoe-attack on Chief Justice of India BR Gavai but added that the CJI himself invited the attack. He was referring to the incident where the CJI, in an oral observation, asked a petitioner to “Go and ask the deity itself to do something. Go and pray,” who had approached the apex court to give directions for the restoration of a Bhagwan Vishnu idol.
I condemn the throwing of a shoe on CJI Gavai. But he invited this when while hearing a petition praying for restoration of a statue of Lord Vishnu in Khajuraho he commented " You say you are a staunch devotee of Vishnu. Go and ask the deity itself to do something. Go and pray ".…
— Markandey Katju (@mkatju) October 8, 2025
In a post on X, former Justice Katju said, “Such remarks were totally unwarranted, inappropriate, and unnecessary, having no bearing on the legal issues involved in the case. Judges should talk less in court, and not deliver sermons, homilies, and lectures. What would happen if a judge hearing a petition regarding the demolition of a mosque said ‘Let Allah or Prophet Mohammed restore it?'”
In an op-ed written by former Justice Katju which was linked in the post, he elaborated that while violence inside a courtroom is never justified, it often stems from judges crossing the line between judicial restraint and personal sermonising. He cited Francis Bacon’s words, “A much talking judge is like an ill-tuned cymbal,” and remarked that verbosity from the Bench only disrupts the decorum of the court. According to him, Justice Gavai’s offhand comment telling a devotee to “pray to Vishnu” to get the idol restored was precisely the kind of remark that had no legal relevance and unnecessarily provoked sentiment.
Furthermore, he drew from his own experience and recounted visiting the British High Court, which he described as having an atmosphere of “serenity, calm, and tranquillity.” He argued that at the court, judges rarely spoke and allowed lawyers to make their case in low tones. He lamented that modern Indian courtrooms, often livestreamed, reflect the opposite, with judges interrupting frequently or digressing into moral commentary.
Former Justice Katju also extended his criticism to other instances, such as the oral comments made by Justice Surya Kant and former CJI Chandrachud, arguing that such observations could influence lower courts and public perception. He advised that judges must hear more and speak less to maintain dignity and neutrality even in moments of provocation.
On 6th October, a 71-year-old lawyer, hurled a shoe at CJI Gavai during open court proceedings. As he was being escorted out by the security, the lawyer reportedly shouted, “Sanatan ka apmaan nahi sahenge!” (We will not tolerate the insult of Sanatan Dharma).
